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Council Packet - 11/1/2021
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, November 1, 2021 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new,livable wage jobs through a balanced economic development approach of assisting existing businesses,fostering start-ups,attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable,and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. 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 447 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 clerk@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 Sharon Juon,At-Large Council Member Agenda, as proposed or amended. Minutes of October 18, 2021, as proposed. Proclamation declaring the first week of November 2021 as Women's Lung Cancer Awareness Week. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Page 2 of 447 2. Motion approving Final Quantity Summary for a net decrease of$36,011.75, for Baker Enterprises, Inc., in conjunction with the FY 2020 Warp Drive R.I.S.E. Project, Contract No. 977, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Matt Schindel,Associate Engineer 3. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Baker Enterprises, Inc., of Waverly, Iowa, in the amount of $863,037.25, in conjunction with the FY 2020 Warp Drive R.I.S.E. Project, Contract No. 977, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 4. Motion approving Final Quantity Summary for a net decrease of $1,656.96, for Brock Even Construction, LLC, in conjunction with the FY 2021 Sidewalk and Trail Repair Program - Zone 1, Contract No. 1044, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Wayne Castle, PLS, PE,Associate Engineer 5. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Brock Even Construction, LLC, of Jesup, Iowa, in the amount of $167,129.08, in conjunction with the FY 2021 Sidewalk and Trail Repair Program- Zone 1, Contract No. 1044, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 6. Resolution approving plans, specifications, and cost estimate, etc., setting date of bid opening as November 18, 2021 and date of public hearing as December 6, 2021, in conjunction with the Traffic Control Room Remodel project, Iowa DOT Project Number STP-U-8155(755)--70-07, and directing City Clerk to publish said notice. Submitted By:Mohammad Elahi, Traffic engineer 7. Resolution setting date of public hearing as November 15, 2021, to authorize the sale and conveyance of property located northeast of the Leversee Road and Lake Street intersection, to Zydeco Investments, LLC (for CPM plant), in the amount of$1,170,000, approve a Development Agreement including grant funds, option for acquisition of land, and tax rebates for fifteen years at fifty percent, and Minimum Assessment Agreement at $8,000,000, for the development of a 170,000 square foot building, and instruct City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning and Development Director 8. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 4, 2021 and date of public hearing as November 15, 2021, in conjunction with the 2021-2022 Residential/Miscellaneous Areas Snow Removal Contract for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish notice. Submitted By:Noel Anderson,Community Planning and Development Director 9. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 4, 2021 and date of public hearing as November 15, 2021, in conjunction with Asbestos Abatement Services Contract AB-2021-11-01P, for a portion of the property located at 100 E. 9th Street, and instruct the City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning and Development Director 10. Resolution setting date of public hearing as November 15, 2021 to approve the request by Alberta Young to vacate the public sidewalk in front of the lot located at 914 Sumner Street, and instruct the City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning and Development Director 11. Resolution approving request of Brian Petsche for a waiver for a concrete driveway, located at 147 Trible Road, and authorize the construction of a concrete driveway and Page 3 of 447 placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 12. Resolution approving request of Kathy Kolthoff for a waiver for a concrete driveway, located at 140 Norfolk Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer 13. Resolution approving request of Ronald Chihak for a waiver for a concrete driveway, located at 626 Indiana Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 14. Resolution approving specifications, bid documents, etc., setting date of bid opening as November 12, 2021 and date of public hearing as November 15, 2021, in conjunction with the Police Department FY22 Ammunition Bids, and instruct the City Clerk to publish notice. Submitted By:Matt McGeough, Police Captain B. Motion to approve the following: 1. TRAVEL REQUESTS a. Jason Hernandez, Medical Supervisor Class/Meeting: Iowa Emergency Medical Services Association Conference Destination:Des Moines, Iowa Dates:November 11-13, 2021 Amount not to exceed: $680.00 b. Investigators Ehlers and Northup Class/Meeting:Advanced Interview and Interrogation Destination:Marion, Iowa Dates:November 15-17, 2021 Amount not to exceed: $465.00 C. Sgt. Erie and Officers A. Herkelman, B. Herkelman and B. Lippert Class/Meeting: Defensive Tactics Instructor Re-Certification Destination: Johnston, IA Dates:November 3, 2021 Amount not to exceed: $695.00 d. Waterloo Police Department Staff(Civilian and Sworn) Class/Meeting: The Journey, The Joy and the Job of Racial Justice Destination:Waterloo, IA Dates:December 8, 14 &20, 2021 Amount not to exceed: $15,000.00 2. LIQUOR LICENSES a. Damon's Sports Bar and Grill, 2122 Kimball Ave. Class: C Liquor Renewal Application Includes Sunday Expiration Date: 10/4/2022 Page 4 of 447 b. Red Lobster, 941 E. San Marnan Dr. Class: C Liquor Renewal Application Includes Sunday Expiration Date: 7/27/2022 C. Diamond Nails Spa, 2060 Sovia Dr. Class: Special Class C Liquor New Application Does not include Sunday Expiration Date: 8/15/2022 d. LJ's Neighborhood Grill& Bar, 3550 Kimball Ave. Class: C Liquor and Outdoor Service Renewal Application Includes Sunday Expiration Date: 11/5/2022 3. APPOINTMENTS a. Angela Weekley Board/Commission: Community Development Board Expiration Date:November 2, 2024 Re-Appointment b. Kyla Durant Board/Commission: Complete Streets Expiration Date: New Appointment C. Terrance Hollingsworth Board/Commission:Human Rights Commission Expiration Date:November 5, 2024 Re-Appointment 4. Motion approving Change Order No. 22 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of $5,803, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 5. Motion approving Change Order No. 4 with WRH of Amana, Iowa, for a net decrease of $1,748.59, in conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Modifications Project, Contract No. 1021, and authorizing the Mayor to execute said document. Submitted By:Brian Bowman Treatment Operations Supervisor 6. Motion approving Change Order No. 9 with Cardinal Construction, of Waterloo, Iowa, for a net decrease of$518.41, in conjunction with the Five Sullivan Brothers Convention Center Penthouse Chiller Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 7. Motion approving an exception to burning yard waste application by George Wyth State Park, to burn locations within the park located generally at 3659 Wyth Road, November 2021 to February 2022, weather permitting. Submitted By:Kelley Felchle, City Clerk 8. Recommendation of appointment of Logan Bemus to the position of Park Maintenance Page 5 of 447 II, Crew Leader, effective November 2, 2021, subject to physical examination and drug screen. Submitted By:Paul Huting, Leisure Services Director 9. Recommendation of appointment of John Dornoff to the position of Planner II in the Planning and Zoning Department effective November 2, 2021. Submitted By:Noel Anderson, Community Planning and Development Director PUBLIC HEARINGS 2. Asbestos Abatement Services Contract AB-2021-11-05P for properties located at 928 Mulberry Street, 1526 E. 4th Street, 1527 E. 4th Street, 114 E. 10th Street, and 105 E. 11th Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution rejecting all bids. Submitted By:Noel Anderson, Community Planning and Development Director 3. Demolition Services Contract D-2021-11-03P, for properties located at 1027 Sycamore Street, 325 W 13th Street, and 742 Grant Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution awarding bid to Lehman Trucking & Excavating, Inc., of Waterloo, Iowa, in the amount of$51,600, and approving the contract and certificate of insurance in conjunction with Demolition and Site Clearance Services Contract D-2021-11-03P, for properties located at 1027 Sycamore Street, 325 W. 13th Street and 742 Grant Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 4. FY 2022 11th Street (BRM-CHBP-8155(770)--NB-07) and Park Avenue Bridge (BRM- CHBP-8155(771)--NB-07) Replacements, Contract 1013. 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. Submitted By: Wayne Castle, PLS, PE, Associate Engineer RESOLUTIONS 5. Resolution approving a Professional Services Agreement with Magellan Advisors, LLC, for the Design Engineering and Permitting of a Fiber-Optic network to the Home in the amount of $2,449,452, and authorizing the Mayor to execute said document. Submitted By: Michelle Weidner, Chief Financial Officer 6. Resolution approving an agreement with the Iowa Department of Transportation for an Iowa's Clean Air Attainment Program (ICAAP) Federal-aid Swap Project, in conjunction with the US Page 6 of 447 63/Logan Avenue Adaptive Traffic System from Conger Street to Donald Street, Project No. ICAAP-SWAP-8155(781)—SH-07, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer 7. Resolution approving a Professional Service Agreement with AECOM Technical Services Inc., of Waterloo, Iowa, in an amount not to exceed $498,000, for engineering and construction services, in conjunction with the US Highway 63 South Interceptor Sewer Upgrade Phase I Project, Supplemental Agreement No. 2, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 8. Resolution approving a request from Matthew Frost for an appeal of the Driveway Policy, prohibiting a second driveway approach on a corner lot located at 1200 Byron Avenue. Submitted By:Noel Anderson, Community Planning and Development Director 9. Resolution authorizing assignment of rebates to LMV, LLC, in conjunction with a Development Agreement with BCS Properties, LLC, originally approved on November 13, 2017, for property generally located at and adjoining to 1866 W. Ridgeway Avenue. Submitted By:Noel Anderson, Community Planning and Development Director 10. Resolution approving the assignment of rebates to Cedar River Trails Apartments, LLC, in conjunction with a Development Agreement with Dolly James, LLC, originally approved on January 30, 2012, for property located at 820-914 Sycamore Street. Submitted By:Noel Anderson, Community Planning& Development Director 11. Resolution approving a Temporary Construction Easement Agreement with BPC Properties, LLC, in the amount of$3,402.91, in conjunction with reconstruction of the Park Avenue Bridge located at 102 East Park Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 12. Resolution approving a request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 2nd Addition, a 5-lot commercial/industrial subdivision located east of 2510 Leversee Road, including a stormwater maintenance agreement, and authorizing the Mayor and City Clerk to execute said documents. Submitted By:Noel Anderson, Community Planning and Development Director 13. Resolution approving the Main Street Iowa Program Agreement, No. G300-MSI-50 between the Iowa Economic Development Authority (IEDA), the City of Waterloo and Cedar Skyline Corporation/DBA Main Street Waterloo, for the purpose of continuing the Main Street Program in Waterloo for a period of twenty-four (24) months, ending December 31, 2023, approving a commitment to provide funding from Downtown TIF and bond funds and hotel/motel discretionary fund proceeds to the Main Street Waterloo Program, and committing to appoint a city official to represent the City on the Local Main Street Governing Board of Directors, and that the City and Main Street Waterloo will continue to follow the Main Street Approach as developed by Main Street America and espoused by Main Street Iowa, and authorizing the Mayor to execute said document. Submitted By:Aric Schroeder, City Planner 14. Resolution approving a request by the City of Waterloo for an amendment to the deed of Page 7 of 447 dedication for Waterloo Air and Rail Park 1 st Addition to allow for stormwater from the 1 st Addition to be collected in Waterloo Air and Rail Park 2nd Addition, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director ORDINANCES 15. An ordinance amending the City of Waterloo Code of Ordinances Sidewalk Construction, Inspections, and Repair, Public Ways and Property. Motion to receive, file, consider, and pass for the first time, an ordinance amending the City of Waterloo Code of Ordinances by repealing Chapter 2, Sidewalk Construction, Inspections, and Repair, and Article A, Inspection and Repair, of Title 7, Public Ways and Property. Motion to suspend the rules. Motion to receive, file, consider and pass for the second and third times and adopt said ordinance. Submitted By: Jamie Knutson, PE, City Engineer 16. An ordinance amending Section 11, Chapter 4, Title 4, Prohibited Acts and Conditions, Scattering of Refuse and Litter. Motion to receive, file and consider for the first time, an an Ordinance amending the City of Waterloo Code of Ordinances by repealing Section 11, Prohibited Acts and Conditions, of Chapter 4, Litter Control, Title 4, Public Health and Safety, and enacting in lieu thereof a new Section 11, Prohibited Acts and Conditions, of Chapter 4, Litter Control, Title 4, Public Health and Safety. Motion to suspend the rules. Motion to receive, file and consider and pass for the second and third times and adopt said ordinance. Submitted By: Martin M. Petersen, City Attorney ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:55 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Communication from the Waterloo Public Library on the notice of the conclusion of employment for James N. Bennett, Library Assistant, effective October 2, 2021 with recommendation of approval of payout of$1,460.05 for unused benefits. 2. Communication from the Waterloo Police Department on the notice of the conclusion of employment for Jeremy Berryman, Police Officer, effective September 4, 2021 with recommendation of approval of payout of$15,019.12 for unused benefits. 3. Communication from the Human Resources Department on the notice of the conclusion of employment for Cheryl Huddleston, Human Resources Manager, effective November 5, 2021 Page 8 of 447 with recommendation of approval of payout of$6,682.20 for unused benefits. 4. Certified List for the position of Garage Mechanic for the City of Waterloo, Iowa Central Garage - Public Works Department, as certified by the Civil Service Commission on September 24, 2021. 5. Certified List for the position of Park Maintenance II Crew Leader for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on September 24, 2021. 6. Leisure Services Commission Board minutes of September 14, 2021. 7. Historic Preservation Commission minutes of September 21, 2021. 8. Planning and Zoning minutes of September 14, 2021. 9. Design Review Board minutes of April 22, 2021 Page 9 of 447 CITY OF WATERLOO Council Communication Sharon Juon,At-Large Council Member City Council Meeting: 11/1/2021 Prepared: Submitted by: Submitted By: Page 10 of 447 CITY OF WATERLOO Council Communication Minutes of October 18, 2021, as proposed. City Council Meeting: 11/1/2021 Prepared: ATTACHMENTS: Description Type ❑ Minutes of October 18, 2021, as proposed Backup Material Submitted by: Submitted By: Page 11 of 447 October 18, 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,October 18,2021. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder and Juon. Mr. Morrissey joined via telephone. Prayer or Moment of Silence. Pledge of Allegiance: Mayor Quentin Hart 160547 - Juon/Grieder that the Agenda, as proposed, for the Regular Session on Monday, October 18, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 160548 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, October 4, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring October 19, 2021 as Gentleman Day. Proclamation declaring October 18, 2021 as Day of Inclusion. Video of the swearing in ceremony of six new firefighters: Timothy Davison, Patrick McNally, William Demry, Nathan Hinders, Jacob Helgeson and Timothy Gesie. PUBLIC COMMENTS Steven Hambly, 1692 Cunningham Rd, Dunkerton, shared that it is his goal to help save that planet and to give something back. He stated that his goal is to help clean up the cabbage patch. He stated that he wrote a book for family and friends and wants to make it public for all. Elizabeth Carson, 1108 Vine, shared that her concern is for the Police Department. She questioned if the Police Department takes an oath to their logo or to the city. She shared that the debate over the logo has divided the community and that the community needs to work together with the Police Department to make a difference in the community. Chief Fitzgerald stated that the oath the police officers take is to the people of Waterloo, the state and the constitution and democracy. Todd Obadal, 124 Amity Drive, commented that one of the topics that came up during the Mayor's forum was a claw back clause on the contract with the former convention center developer. He shared that he took issue with the fact that the contract had not been presented to council for a vote. He quoted a portion of city code that talks about the process for approving a city contract. He shared that part of the code references the city clerk is required to attest to contracts on behalf of the city council. He asked that the city attorney address whether or not the contract is enforceable without the city clerk's signature. Dave Zellhoefer, acting City Attorney, commented that employment contracts are very uncommon at the city and this is actually the first one he is aware of in the past ten years. He explained that he does not have an immediate answer to the question but would look into it. He also stated that it is his understanding that this will be reaffirmed before council in a few weeks. Dwayne Eilers, 1205 1/2 Bishop Street, commented on the difficulty that he went through to obtain public records on property he owns and wants to evict the tenant there. David Dryer, 3145 W. 4th Street, stated that he would like consent agenda item b.5 removed for discussion, and shared his disappointment with the Mayoral forum including the moderator. He commented on several points and said that Ms. Mays was basically excluded from the discussion. He read the goals listed in the City's Strategic Development Plan then asked how bad streets and dilapidated housing helps the city. Mayor Hart commented that he would let the moderators,Northern Iowa Student Government, know of his comments and explained that this was not held by the City of Waterloo. Page 12 of 447 October 18, 2021 Page 2 Sophia Mays, 400 Block of Dane, shared that since the last city council meeting, the Mayor has again talked to the County Attorney Brian Williams about her and explained how she knows this. She commented that she does not feel the Mayor is doing a good job. Anna Quinn, 3719 W. 9th Street, announced there would be a fall carnival on Saturday, October 23rd at Sullivan Park from 1:00 p.m. —6:00 p.m. and that all donations would be donated to kids who are or were in foster care. Mr. Grieder commented on the current strike and stands in solidarity with UAW 838 and all union brothers and sisters as they fight for a decent wage,retirement and future for themselves. Mrs. Klein commented that she visited a couple of strike sites and shared her personal experience of going through a strike with John Deere. She explained she is keeping everyone in her prayers and encourages everyone to do the same. Mr. Amos commented that he is a dues paying UAW member and shared support for the striking members. Mr. Feuss expressed support for the strikers as well and shared his concern for their wellbeing if the strike goes on too long. Mr. Boesen commented that he too was a UAW member and also endured a strike back in the day and fully supports his 838 brothers, sisters, and all of the 10,000 workers on strike. He stated that he wished to address late submissions to the agenda. He shared the process for getting late or emergency items added, and then stated that lately there have been submissions that he would not consider an emergency request. He recommends that department heads review the submission guidelines and also asks that the entire council be notified of any changes to the agenda that occur after the official agenda is posted on the Wednesday before the meeting. Mr. Grieder commented that he recognizes that everyone is busy and said that some of council have day jobs. He asked that department heads please try not to send council anything the day of the meeting because he will likely not see it and he does not want to come unprepared to a meeting Mr. Morrissey shared an update on getting the new patches on the police department uniforms. He spoke on dilapidated housing and stated that the issue needs to receive additional funding through the CIP and Code Enforcement to help address these issues. He expressed support for the striking UAW workers. He stated that divisive campaign speech during oral presentations need to stop. 160549 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 160550 - Juon/Grieder that the following items on the consent agenda, and the removal of item b.5, be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated October 11, 2021, in the amount of$4,628,420.92 and October 18, 2021, in the amount of$3,713,815.65, 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. 2021-669. 2. Motion approving Final Quantity Summary for a net decrease of$50,179.56, for Pirc-Tobin Construction, Inc., in conjunction with the FY 2020 Leversee Road Sanitary Sewer and Water Main Improvements, Contract No. 987, and authorizing the Mayor and City Clerk to execute said document. Page 13 of 447 October 18, 2021 Page 3 3. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Pirc-Tobin Construction, Inc., of Alburnett, Iowa, in the amount of $1,899,080.93, in conjunction with the FY 2020 Leversee Road Sanitary Sewer and Water Main Improvements, Contract No. 987, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2021-670. 4. Resolution accepting an initial award of$89,039.65 or five percent of the total allocation, to be used for administrative and planning costs. Resolution adopted and upon approval by Mayor assigned No. 2021-671. 5. Resolution approving the installation of 25 MPH speed humps in the 3800 block of Sager Avenue and the 200 block of Edwards Street. Resolution adopted and upon approval by Mayor assigned No. 2021-672. 6. Resolution authorizing MidAmerican Energy to install a 100-watt LED streetlight on a 30- foot wood pole, in the amount of$2,850.10, along Addison Court near the cul-de-sac. Resolution adopted and upon approval by Mayor assigned No. 2021-673. 7. Resolution approving award of bid to Langman Construction, Inc., of Rock Island, Illinois, in the amount of$7,190,038.90, approving the contract,bonds and certificate of insurance, in conjunction with the Hwy. 63 Sewer Upgrades Phase I Project, Contract No. 1037, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2021-674. 8. Resolution approving Variance to Noise Ordinance request from Jessica Rucker on behalf of Main Street Waterloo, in conjunction with the Downtown Trick or Treating event to be held throughout downtown Waterloo on Saturday, October 30, 2021 from 9:00 a.m. to 2:00 p.m., including activities and a costume parade in Lincoln Park with the use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2021-675. 9. Resolution approving Variance to Noise Ordinance request from Lindsey Klein on behalf of the Southdale Neighborhood Association, in conjunction with a Halloween Party to be held on on Dahlia Boulevard and Marigold Drive on Saturday, October 23, 2021 from 5:00 p.m. to 8:00 p.m., including music and the use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2021-676. 10. Resolution setting date of public hearing as November 1, 2021, for the FY 2022 11th Street (BRM-CHBP-8155(770)--NB-07) and Park Avenue Bridge (BRM-CHBP-8155(771)--NB- 07)Replacements Project, Contract No. 1013, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-677. 11. Resolution approving the request of Christian M. Rios Santiago, for tax exemptions on the construction of a new single family home valued at $314,000, for property located at 3356 Lincolnshire Road, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-678. 12. Resolution approving the request of Elvis Mehedovic, for tax exemptions on the construction of a new single family home valued at $280,700, for property located at 1660 Blue Wing Drive, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-679. Page 14 of 447 October 18, 2021 Page 4 13. Resolution approving the request of Robert Edgerton, for tax exemptions on the construction of a new single family home valued at $280,000, for property located at 5652 Summerland Drive, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-680. 14. Resolution approving the request of Jasmina Korucenc, for tax exemptions on the construction of a new single family home valued at $406,563, for property located at 1273 Partridge Lane, and located in the City Limits Urban Revitalization Area(CLURA). Resolution adopted and upon approval by Mayor assigned No. 2021-681. 15. Resolution approving request of Kevin Cavanaugh for a waiver for a concrete driveway, located at 139 Trible Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2021-682. 16. Resolution approving request of Dale Carroll for a waiver for a concrete driveway, located at 130 Trible Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2021-683. 17. Resolution approving request of Bruce Schaefer for a waiver for a concrete driveway, located at 204 W. Orange Road(second approach placed on Grace Drive), with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2021-684. 18. Resolution approving request of JKD Properties, LLC for a waiver for an asphalt driveway, located at 459 S. Hackett Road, with the elimination of the sidewalk section for asphalt driveways. Resolution adopted and upon approval by Mayor assigned No. 2021-685. 19. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 21, 2021 and date of public hearing as November 1, 2021, in conjunction with Asbestos Abatement Services, Contract No. AB-2021-11-05P, for properties located at 928 Mulberry Street, 1526 E. 4th Street, 1527 E. 4th Street, 114 E. 10th Street, and 105 E. 11th Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-686. 20. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 21, 2021, and date of public hearing as November 1, 2021, in conjunction with Demolition Services, Contract No. D-2021-11-3P, located at 1027 Sycamore Street, 325 W. 13th Street, and 742 Grant Avenue, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-687. 21. Resolution authorizing City Clerk to certify against certain parcels for unpaid garbage, sewer, water, and storm water fees. Resolution adopted and upon approval by Mayor assigned No. 2021-688. 22. Resolution approving Variance to Noise Ordinance request from Rob Nichols, Council At- Large Candidate, in conjunction with the Nichols for Change Meet and Greet events to be in various city parks throughout Waterloo during the month of October 2021. Resolution adopted and upon approval by Mayor assigned No. 2021-689. Page 15 of 447 October 18, 2021 Page 5 b. Motion to approve the following: 1 Travel Requests Name & Title Amount of Personnel Class/Meeting Destination Date(s) not to Exceed a. Officers Kramer Disorder Control Train the Davenport, October 18-21, $1,562.01 and Atchison Trainer Iowa 2021 b. Sergeants Zubak FBI Law Enforcement Waterloo, November 1-30, $700.00 and Savage Executive Development IA (on-line) 2021 Association Supervisor Liability Course 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunday a. Aldi#33, 1918 Schukei Road B Wine/C Beer Renewal 11/3/2022 x b. Bamboo Ridge Campground, 4550 B Wine/C Beer Renewal 9/14/2022 x Hess Road c. The Brown Bottle, 209 W. 5th C Liquor Renewal 10/21/2022 x Street d. Casey's 218 Pub, 4010-4018 C Liquor Renewal 9/30/2022 x University Ave. w/Outdoor Service e. Daq King, 632 Sycamore Street C Liquor New 7/31/2022 x f. Fairfield Inn& Suites, 2134 B Wine/C Beer Renewal 9/30/2022 x LaPorte Road g. Friendship Village, 600 Park Lane A Liquor New 9/30/2022 x *Contingent on final inspection* w/Outdoor Service h. Guddi Mart, 306 Byron Avenue E Liquor Renewal 10/17/2022 x i. K-Zar, 1761 Independence Avenue B Wine/C Beer Renewal 10/13/2022 x j. Newton's Paradise Cafe, 128 E. 4th C Liquor Renewal 11/3/2022 x Street w/Outdoor Service k. Petersen &Tietz Florists & B Native Wine Renewal 10/8/2022 x Greenhouses, Inc., 2275 Independence Avenue. 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re-Appointment ADA Compliance Jessica Smith Commission October 15, 2024 Re-Appointment 4. Motion approving Change Order No. 5 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$59,945.66, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Hwy 218 Project, Contract No. 1020, and authorizing the Mayor and City Clerk to execute said document. 5. Motion approving Change Order-No. 21 with Cardinal Gens#%etien, Ine., of Water-lee, lowa, for-a Be of$6,130, in eenjt�nefiea with the Five Stillivan Brothers Convention Center- Addition an Renovation Pr-ojeet and authorizing the Mayor-too „4o said doeu ent 6. Motion approving Change Order No. 1 with Blackhawk Roofing Company, of Cedar Falls, Iowa, for a total increase of$48,361.00, in conjunction with the FY 2021 Young Arena Southeast and Southwest Roof Replacement Project Contract No. 1040, and authorizing the Mayor to execute said document. Page 16 of 447 October 18, 2021 Page 6 7. Recommendation of Austin Howe, from the current Civil Service List, to the position of Garage Mechanic, in the Central Garage,pending completion of physical and drug testing, effective November 2, 2021. 8. Recommendation of Jay Millett from the current Civil Service List, to the position of Equipment Operator I, in the Street Department, pending completion of physical and drug testing, effective November 2, 2021. 9. Bonds. Roll call vote-Ayes: Seven. Motion carried. 160551 - Feuss/Grieder l.b.5. Motion approving Change Order No. 21 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of $6,130, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project,and authorizing the Mayor to execute said document. Roll-call vote- Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street,commented on the number of change orders for the convention center and questioned how much has been spent, how much have we missed on the initial bid, and where is the money coming from to pay for this. Noel Anderson, Community Planning and Development Director, explained that some things have been found while working on an old building, design changes for better layouts and working with Spectra for this particular change order adds conduit for new signage on the building for high visibility. Michelle Weidner, Chief Financial Officer, commented that the total contracts now are about $13,000,000 and that the city is still within the bonds that were sold for the project and there are future phases that still need to be done. Mr. Boesen commented that there are more items coming down the road with the project that will be expensive. PUBLIC HEARINGS 160552 - Grieder/Feuss that proof of publication of notice of public hearing on General Obligation Bonds - ECP-UR 1 - The issuance of not to exceed $14,500,000 General Obligation Bonds for essential corporate urban renewal purposes, as published in the Waterloo Courier on October 8, 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. David Dryer, 3145 W. 4th Street, requested an overview of the item. Michelle Weidner, Chief Financial Officer, provided an overview of the item. Noel Anderson, Community Planning and Development Director, explained that this is in the San Marnan TIF District so it is not for the Schoitz Hospital, instead it is for the theme park. Forest Dillavou, 1725 Huntington Road, stated that the theme park already had a development agreement and received funding and now it is asking for more. He questioned how the city is going to keep paying for projects and that it is selfish to make millionaires out of developers and squeeze citizens. Sophia Mays, 400 Block of Dane, stated that people have talked to her about the theme park. They stated that it only benefits one side of Waterloo and not the other so it is not that great of a deal. She asks that council to reconsider approving the item. Lisa Skubal, Grown Cedar Valley, shared that Grow Cedar Valley continues to support this project and explained the economic and social benefits of the project to the community. Page 17 of 447 October 18, 2021 Page 7 Dwayne Eilers, 1205 1/2 Bishop, commented that the theme park is going to raise everyone's taxes and is not going to help other companies. Don Share, 1415 Downing Avenue, questioned if the city will be a partner in the theme park or if this project is a gift. 160553 - Grieder/Feuss that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 160554 - Grieder/Feuss that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $14,500,000 General Obligation Bonds",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Boesen commented that if people would read the development agreement contract that will be voted on later in the agenda they would see the benefit to the city. Mrs. Juon requested an explanation of how the bonds will be paid back. Noel Anderson, Community Planning and Development Director, provided an explanation of proposed repayment schedules for the project. Mr. Morrissey stated that the development is good for the entire community, as it will make Waterloo an attractive tourist destination. Resolution adopted and upon approval by Mayor assigned No. 2021-690. 160555 - Feuss/Grieder that proof of publication of notice of public hearing on request by Northland Products Company to rezone 5.19 acres from"M-1"Light Industrial District to "M-1,C-Z" Conditional Zoning District to allow for compactors and drum washing system in relation to a petroleum operation, located at 2830 Geraldine Road, as published in the Waterloo Courier on October 8, 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. 160556 - Feuss/Amos that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 160557 - Feuss/Amos that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located at 2830 Geraldine Road", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 160558 - Feuss/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 160559 - Feuss/Amos that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain Page 18 of 447 October 18, 2021 Page 8 property, located at 2830 Geraldine Road", 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. 5618. 160560 - Amos/Feuss that proof of publication of notice of public hearing on request by the City of Waterloo to vacate 0.18 acres of City owned right-of-way at East High School at 214 High Street, and rescinding Ordinance No. 2618, as published in the Waterloo Courier on October 8, 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. 160561 - Amos/Feuss that the hearing be closed and recommendation of approval of the Planning,Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 160562 - Amos/Feuss that "an ordinance vacating 0.18 acres of City owned right-of-way at East High School at 214 High Street, and rescinding Ordinance No. 2618",be received,placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen requested an overview of the item and subsequent actions related in items 4, 5 and 6. Noel Anderson provided an overview of the item and clarification of the related actions. 160563 - Amos/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 160564- Amos/Feuss that "an ordinance vacating 0.18 acres of City owned right-of-way at East High School at 214 High Street, and rescinding Ordinance No. 2618", 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. 5619. 160565 - Boesen/Amos that proof of publication of notice of public hearing on request by the City of Waterloo to vacate 0.27 acres of City owned right-of-way at East High School at 214 High Street and retaining a utility easement over the entirety and rescinding Ordinance No. 4459, as published in the Waterloo Courier on October 8, 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. 160566 - Boesen/Amos that the hearing be closed and oral and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 160567 - Boesen/Amos that "an ordinance vacating 0.27 acres of City owned right-of-way at East High School at 214 High Street and retaining a utility easement over the entirety and rescinding Ordinance No. 4459", be Page 19 of 447 October 18, 2021 Page 9 received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 160568 - Boesen/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. 160569 - Boesen/Amos that "an ordinance vacating 0.27 acres of City owned right-of-way at East High School at 214 High Street and retaining a utility easement over the entirety and rescinding Ordinance No. 4459", 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. 5620. 160570 - Morrissey/Amos that proof of publication of notice of public hearing on request by the City of Waterloo to sell and convey City owned vacated right-of-way near East High School at 214 High Street to the Waterloo Community School District for$1.00, with the retention of easements over portions of the areas to be conveyed, as published in the Waterloo Courier on October 8, 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. 160571 - Morrissey/Amos that the hearing be closed and recommendation of approval of the Planning,Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 160572 - Morrissey/Amos that "Resolution approving the sale and conveyance of City owned vacated right-of-way near East High School at 214 High Street to the Waterloo Community School District for $1.00, with the retention of easements over portions of the areas to be conveyed,and authorizing the Mayor to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-691. RESOLUTIONS 160573 - Grieder/Feuss that"Resolution establishing a bereavement policy for loss of pregnancy",be adopted. Roll call vote- Ayes: Seven. Motion carried. David Dreyer, 3145 W. 4th Street, requested clarification on the resolution. Mr. Grieder clarified that this bereavement policy leave is for miscarriages or stillbirths. He then provided an overview of the policy. Mrs.Juon commented that she has concern about the language of the resolution because it does nothing other than let the public know that the council wants to see a policy "at an appropriate time". She explained that she brought up the issue of surrogacy and this policy does not appear to address that and questioned if a miscarriage in the first month needs the same leave as one in the eighth month. Lance Dunn, Human Resources Director, commented that the Human Resources Department is currently putting language together that incorporates everything that is needed in the policy. Page 20 of 447 October 18, 2021 Page 10 Mrs. Juon questioned what would the passing of this resolution accomplish if the Human Resources Department already knows the council wants this language incorporated into the bereavement policy. Mr. Grieder commented on the reasons why he believes the resolution is needed. Mrs. Klein commented that she will support the resolution. Mr. Morrissey questioned if Mr. Grieder would entertain changes in the last two points.... 160574 - Morrissey/Grieder To amend the resolution as follows: 1. That the Human Resources Department shall, , add pregnancy loss to existing bereavement leave policies for the City of Waterloo employees eemmexstffate with the pelf y for- the less of immediate family mefnb -r 2. That the Human Resources Department shall make the city council and the City of Waterloo employees aware of these bereavement policy changes. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen commented that he does not see this policy happening any time soon because there are so many variables as every contract is different concerning bereavement policies. This is a very complex issue to work with all of the idiosyncrasies. If a policy were to be established in the next month, it would only cover non-bargaining and salaried employees. Mr. Feuss clarified that this policy language should not have to return to council for approval until after each individual bargaining unit approves specific languages at the bargaining table and is ready for the final contract approval. Mrs. Juon commented that even for non-bargaining employees the policy needs to come back to council for approval. Resolution adopted and upon approval by Mayor assigned No. 2021-692. 160575 - Grieder/Feuss that "Resolution approving the request by VJ Engineering on behalf of L and BB, LLC for the Final Plat of Southland Park Sixth Addition, a replat of Lots C-5 and C-6 of the Southland Park Third Addition, a 6-lot residential subdivision located southeast of 2950 Southland Drive",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-693. 160576 - Grieder/Feuss that"Resolution approving a Professional Services Agreement with Modus of Waterloo, Iowa, in the amount of$9,600, in conjunction with the Waterloo Center of the Arts -Youth Pavilion Phase I Boiler Replacement Project, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-694. 160577 - Klein/Grieder that"Resolution approving construction plans for the Clark Street Utility Extension,which is sanitary sewer and water main extensions,to serve a development at 520 W. Parker Street, as submitted by VJ Engineering of Cedar Falls, Iowa, and a Sewage Treatment Agreement, DNR Form 29 (Nov 00)with the Department of Natural Resources, and final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Page 21 of 447 October 18, 2021 Page 11 Resolution adopted and upon approval by Mayor assigned No. 2021-695. 160578 - Klein/Grieder that "Resolution approving a Development Agreement with C 10 Investments, LLC, (Jeff Stickfort), in conjunction with demolition and redevelopment of the former Schoitz Hospital site at the northeast corner of Kimball and Ridgeway Avenues, with tax rebates at seventy-five percent for ten years, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. David Dryer, 3145 W.4th Street,commented that he does not understand why developers are receiving these incentives when they do not benefit the taxpayer. Mr. Grieder questioned what the city is getting now from the Schoitz site and what the city could potentially receive from the site if the development goes through. Noel Anderson, Community Planning and Development Director, provided an overview of the proposed project and stated that the majority of the current site is not paying taxes because it was tax exempt as a hospital for portions of it and the residential portion was reduced due to long-term vacancy. Mr. Grieder requested clarification on why the demolition permit is 14 months out from entering into the agreement. Noel Anderson explained that asbestos inspections prior to any demolition. Mr. Boesen commented that he was equally concerned about the 14 months for pulling a demolition permit and also questioned the language that says construction will be done in a timely manner. He said that in the past,we have always set dates and timelines and this is language is too vague. Noel Anderson provided an explanation for the language. Mrs. Klein commented that she is concerned about the open-endedness and questioned if the city can establish an escape route by pulling back if no progress is made within two-years. Noel Anderson commented on outside factors that would incentivize the developer to move forward and if he does not meet those, the city would have the blighted building gone and ready for someone else to develop. Mr.Morrissey commented that this area of town would be an ideal location for the type of development that is proposed to go there. Mr. Morrissey questioned if the residential portion would be closest to the soccer field and baseball diamond and if that would fit in with other residential lots in the area. Noel Anderson confirmed. Mr. Feuss commented that people in his ward are excited and would ask that the developer consider including a community center. He stated that the city has worked with Mr. Stickfort in the past and questioned his timeliness on projects. Noel Anderson confirmed that the City has worked with Mr. Stickfort on several projects that went very well. Mr. Feuss commented that Mr. Stickfort is investing his own money on the project as opposed to other developers. Mr. Boesen clarified that the plan is not for single-family housing. Noel Anderson clarified that multi-plex housing is proposed for the site. Resolution adopted and upon approval by Mayor assigned No. 2021-696. 160579 - Morrissey/Amos Page 22 of 447 October 18, 2021 Page 12 that "Resolution approving a Development Agreement with Lost Island Themepark, Inc., for the development of the $104 million investment, Lost Worlds Theme Park, with tax rebates for twenty- years at fifty percent, a new taxable value of$12.5 million, a $14 million grant to Company and road improvements by City,and acquisition of approximately fifty-six acres of land in the amount of$1.00, 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 projected road improvement costs and speculated that the city would gain more property and sell the property for$1.00. Jamie Knutson, City Engineer, provided an overview of road construction and utility improvement plans for the area. Kelley Felchle,City Clerk,read comments received in an email from Tavis Hall,Experience Waterloo, who supports of the project. Mr. Grieder stated that he is excited for the theme park to open and the investment that the Bertch family has made in the community. He shared that the project will have an incredible impact on the entire community. Resolution adopted and upon approval by Mayor assigned No. 2021-697. 160580 - Morrissey/Amos that "Resolution approving Amendment No. 5 to the Development Agreement with Central Property Holdings, LLC, originally executed August 7, 2017, to change the ending date for construction completion from November 30, 2021 to Dec 31, 2022, in conjunction with construction of a grocery store located at East 2nd Street and Franklin Street, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Five. Nays: Two (Boesen and Klein). Motion carried. David Dryer, 3145 W. 4th Street,this potential construction has gone on for too long. We keep giving people extensions and stated that they want to see the project move forward. Kelley Felchle, City Clerk, read comments received via email from Self Help Federal Credit Union confirming the completion of underwriting and preliminary approval of loans totaling $5.9 million to Central Property Holdings, LLC and All-In Grocers, LLC. Mr. Grieder commented that this community needs development in the area. Unfortunately, timing has been slow on this project but patience and this investment in a food desert is worth the wait. Mr. Amos stated that the All-In Grocery store will be a huge benefit to the community he lives in and is very much needed. Mr. Boesen provided the definition of a food desert and commented that it is more than just the distance to a grocery store, its transportation and social economic issues, etc. He provided a timeline beginning in 2017, of the various commitments Mr. Anderson has made to the City regarding this project and outlined each one that has fallen short. He explained that the majority of complaints he has received are about the lack of progress with All-In Grocers and he said it is time that city sends a message to contractors and developers that when we enter into contracts and development agreements in good faith, we expect the same from them with the fulfillment of that bargain. He is in favor of pursuing the financial reimbursement clause written into the agreement that states that if a developer does not meet the deadlines set forth in the agreement, the City can ask for their investment back at 6 percent interest, as opposed to moving any more forward with this agreement. Mrs. Klein commented that she agrees with what Mr. Boesen stated. She explained there has been a whole string of the same arguments and excuses that do not come true. She is not willing to put up with any further inaction in the area and our neighborhoods deserve more respect. She will not be voting to approve this resolution. Mr. Morrissey commented that anyone on council who has voted to extend other development agreements and decides to make issue with this extension is questionable. He questioned why local lenders are not getting involved in this project, causing the developer to go all the way to the east coast Page 23 of 447 October 18, 2021 Page 13 to get financing. For anyone on council to say that they have not been informed of Mr. Dunn's, the Human Resources Director, involvement is not speaking accurately because the council has been informed. He further addressed the comments about food deserts and is supporting Mr.Anderson with this project. Mr. Feuss questioned what would council expect with this development agreement that we have had in prior agreements that construction of improvements would begin. Noel Anderson explained that it is basically just changing the end date by approximately one year. Mr.Amos stated that he agreed with Mr. Morrissey's comments. He stated that there have been things happening that have slowed down the project. He added that obviously nobody has talked to the residents in that area because he knows that this is something that has been prayed for, for ten years or longer. Mr. Boesen appreciates Mr. Amos' comments on the matter and noted that council was informed in March of 2020 that Mr. Dunn had been a partner since May 2019, so there was a gap in that disclosure with our large investment. He further noted that the definition of a food desert that he provided was not his own, but from the University of Ohio and other universities he had researched. Mrs. Klein commented that numerous extensions have been granted and the excuses and reasons did not hold up as well as the delay in disclosing that a sitting city administrator had jumped in as a partner does not pass the smell test. She will be voting against this. Mr. Grieder commented that several innuendoes been made and he wants to clarify. He stated that when it was revealed that Mr.Dunn was a partner,he asked City Attorney Petersen what our disclosure policy is regarding city employees and development projects, and was told there was none. There is a only voluntary disclosure policy. Nothing was done wrong per the current policies we have existing. He thinks it is dangerous to insinuate that because someone went above and beyond what they are required to do, that obviously, they are out to bilk the tax payer and this is a dangerous precedent to set. He further commented on other questionable comments made and stated he will be voting to support this resolution. Mr. Morrissey commented that the north side of town now only has one grocery store while the west side of town has at least six grocery stores. Mr. Boesen stated that he has voted for extensions in the past but regrets some of his decisions to side with council for the betterment of Waterloo. He agrees with some of the issues Mr. Grieder commented on regarding this project,but noted some inconsistencies with Mr.Anderson's reasons for the delays. Mrs. Klein commented that the grocery store is 2 miles from her home and though she doesn't like it, she has learned to deal with it. You get used to what you have to do. Rodney Anderson, Franklin Street, responded to the negative comments made regarding the project, associated costs, delays and his reputation. He shared information to support his position, refuted the comments made against his character and stated he would never attack the character of anyone on council. Mrs. Klein objected to Mayor Hart allowing Mr.Anderson to address her directly regarding comments that she made and that that he is making this a personal attack and the Mayor should not allow it. Mayor Hart explained that Mr. Anderson is merely responding to the comments made about him. Resolution adopted and upon approval by Mayor assigned No. 2021-698. ORDINANCES 160581 - Feuss/Grieder that"an ordinance amending the 2020 Traffic Code by adding Section 558A No Parking City Vehicle Parking Only, to said Traffic Code, and adding Section 558A (1) No Parking City Vehicle Parking Only 400 block of East Sixth Street, and adding Section 558A (2) No Parking City Vehicle Parking Page 24 of 447 October 18, 2021 Page 14 Only 600 block of Jefferson Street", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 160582 - 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. 160583 - Feuss/Grieder that"an Ordinance amending the 2020 Traffic Code by adding Section 558A No Parking City Vehicle Parking Only, to said Traffic Code, and adding Section 558A (1) No Parking City Vehicle Parking Only 400 block of East Sixth Street, and adding Section 558A (2) No Parking City Vehicle Parking Only 600 block of Jefferson Street", 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. 5 62 1. ADJOURNMENT 160584 - Feuss/Grieder that the Council adjourn at 8:23 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 25 of 447 CITY OF WATERLOO Council Communication Proclamation declaring the first week of November 2021 as Women's Lung Cancer Awareness Week. City Council Meeting: 11/1/2021 Prepared: ATTACHMENTS: Description Type ❑ Women's Lung Cancer Awareness Week Backup Material Submitted by: Submitted By: Page 26 of 447 0PRO 0 0 TI®N CITY Ow WATERLoo,, 101i(A INREREAS, lung cancer is the leading cause of cancer death among women in the United States and in Waterloo in 2021, accounting for more deaths than breast cancer, ovarian, and cervical cancer combined; and lA EERFAS, the 5-year survival rate for localized lung cancer is —59%, yet only —17% of lung cancers are diagnosed at this stage; and YlVEREAS, screening for lung cancer for high-risk individuals using low-dose computed tomography can lead to the earlier detection of lung cancer and save lives, reducing the mortality by 20% when compared to screening by chest x-ray in the National Lung Screening Trial and reducing the risk of death at 10 years by 24% in men and 33% in women as demonstrated by another large randomized trial; and VAMUM, lung cancer incidence is decreasing twice as fast in men as it is in women and by 2035 it is estimated that more women will die from lung cancer than men;and MIEEPXAS, the incidence of lung cancer is higher among young women when compared to young men in the U.S.; and WREREAS, women are more likely than men to be younger and to have never smoked at the time of lung cancer diagnosis;and Y1EiIS, the current United States Preventive Services Task Force (USPSTF) lung screening guidelines preclude screening of many high-risk women and additional research is needed to better understand differences in the epidemiology of lung cancer between men and women;and AREAS, organizations working in the Waterloo community, such as the American Lung Cancer Screening Initiative and Women's Lung Cancer Forum, are committed to educating about women s lung cancer and lung cancer screening and working to increase lung cancer screening rates in Iowa. NOW, T ERXXOM I Quentin Hart, of Waterloo do hereby proclaim the first week of November 2021 as WO1V MWS LUNG CANCER and recognize the need for research in lung cancer affecting women and lung cancer health disparities, and encourage all citizens, to learn about lung cancer and early detection through lung cancer screening. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 1St day of November 2021. ATTEST: elley Felchle Quentin Hart City Clerk Mayor O O Page 27 of 447 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net decrease of$36,011.75, for Baker Enterprises, Inc., in conjunction with the FY 2020 Warp Drive R.I.S.E. Project, Contract No. 977, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 11/1/2021 Prepared: 10/14/2021 Motion approvingFinal .Quantity Summary for a net decrease of$36,011.75, SUBJECT: for Baker Enterprises. Inc., in conjunction with the FY 2020 Warp Drive R.LS.E. Project, Contract No. 977, and authorizingthe e Mayor and City Clerk to execute said document. Submitted by: Submitted By:Matt SchindeL Associate Engineer This is the accumulated amount of adjustments from original to final Summary Statement: quantities that were determined necessary during the construction of the project, which results in a net decrease to the total project cost. Page 28 of 447 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Baker Enterprises, Inc., of Waverly, Iowa, in the amount of$863,037.25, in conjunction with the FY 2020 Warp Drive R.I.S.E. Project, Contract No. 977, and receive and file a two-year maintenance bond. City Council Meeting: 11/1/2021 Prepared: 9/28/2021 ATTACHMENTS: Description Type ❑ Cont 977 Maintenance Bond Cover Memo Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Baker Enterprises, Inc., of SUBJECT: Waverly, Iowa, in the amount of$863,037.25, in conjunction with the FY 2020 Warp Drive R.LS.E. Project. Contract No. 977, and receive and file a two-year maintenance bond. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Pirc-Tobin Construction, Inc. has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Implementation,Accountability, and Communication: Page 29 of 447 Granite Re, Inc. Bond#GRIA44183A MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That We, the undersigned, Baker Enterprises, Inc., 2203 E. Bremer Ave. PO Box 277 Waverly, IA 50677 as Principal and Granite Re, Inc., 14001 Quailbrook Drive, Oklahoma City, OK 73134, a Corporation organized under the laws of the State of MN and duly authorized to do business in the State of IA, as Surety, are held and firmly bound unto City Of Waterloo as Obligee, in the penal sum of ****EIGHT HUNDRED SIXTY THREE THOUSAND THIRTY SEVEN AND 25/100***** ($863,037.25) Dollars, for the payment of which well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the above named Principal did on the 8/12/2020 enter into a contract with the City Of Waterloo for Contract 977• Pro'ect No. RM-81 55(764)-- 910-07. 5 764 -- 910-07: FY 2020 Warp Drive R.I.S.E Waterloo lowa AND, WHEREAS, the specifications of said construction contract provides that upon final acceptance by Obligee, said Principal shall furnish a Maintenance Bond for the sum amounting to ****One Hundred**** percent (100%) of the contract price, and to remain in full force and effect for the period of Two 2 year(s) from the date of acceptance, as therein stated in said specifications; the said work having been duly accepted by said Obligee. NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall make good all defects appearing in the work performed by Principal due to faulty workmanship or materials which may develop during the period of Two 2 year(s) from the date of completion and final acceptance of said work, then this obligation shall be void; otherwise to remain in full force and effect. Signed this 2nd day of September, 2021. Baker Enterprises, Inc. Principal (Seal) BY: �—'� Title BL.4e, $.,.lar .- Granite Re, Inc. Surety (Seal) BY: Troy ples, Attorney-in-Fact Page 30 of 447 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: WANDA FRANZ;TOM LAHL: LISA M. FRANCOUR;JENNIFER BOYLES; ZACHARY PATE;TROY STAPLES; NICHOLAS HOCHBAN its true and lawful Attorney- in-Fact(s)for the following purposes,to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: WANDA FRANZ; TOM LAHL: LISA M. FRANCOUR; JENNIFER BOYLES; ZACHARY PATE: TROY STAPLES; NICHOLAS HOCHBAN may lawfully do in the premises by virtue of these presents. In Witness Whereof,the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duty attested by the signatures Of its President and Assistant Secretary,this 3.d day of January,2020. s4e n r Kenneth D.Whittin ton, President STATE OF OKLAHOMA SS: COUNTY OF OKLAHOMA ) Kyle P. McDonald,Assistant Secretary On this 3,d day of January, 2020, before me personally came Kenneth D.Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary, respectively,of the Company. ti.••oa.W My Commission Expires: �� • o= ` if' v? April 21, 2023 ti Notary Public a Commission#: 11003620 GRANITE RE,INC. Certificate THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc.and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF,the undersigned has subscrihed..hi-<Certiricate and affixed the corporate seal of the Corporation this 2nd day of September 2021 N� r Kyle P. McDonald,Assistant Secretary GR0800-1 Page 31 of 447 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net decrease of$1,656.96, for Brock Even Construction, LLC, in conjunction with the FY 2021 Sidewalk and Trail Repair Program-Zone 1, Contract No. 1044, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 11/1/2021 Prepared: 10/18/2021 Motion approvingFinal .Quantity Summary for a net decrease of$1,656.96, SUBJECT: for Brock Even Construction, LLC, in conjunction with the FY 2021 Sidewalk and Trail Repair Program- Zone 1, Contract No. 1044, and authorizingthe e Mayor and City Clerk to execute said document. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer This is the accumulated amount of adjustments from original to final Summary Statement: quantities that were determined necessary during the construction of the project, which results in a net to the total project cost. Page 32 of 447 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Brock Even Construction, LLC, of Jesup, Iowa, in the amount of$167,129.08, in conjunction with the FY 2021 Sidewalk and Trail Repair Program-Zone 1, Contract No. 1044, and receive and file a two- year maintenance bond. City Council Meeting: 11/1/2021 Prepared: 10/18/2021 Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Brock Even Construction, SUBJECT: LLC, of Jesup. Iowa, in the amount of$167.129.08, in conjunction with the FY 2021 Sidewalk and Trail Repair Program-Zone 1, Contract No. 1044, and receive and file a two-year maintenance bond. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Brock Even Construction, LLC has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2)years from the date of the acceptance of the work under said contract. Implementation,Accountability, and Communication: Page 33 of 447 CITY OF WATERLOO Council Communication Resolution approving plans, specifications, and cost estimate, etc., setting date of bid opening as November 18, 2021 and date of public hearing as December 6, 2021, in conjunction with the Traffic Control Room Remodel project, Iowa DOT Project Number STP-U-8155(755)--70-07, and directing City Clerk to publish said notice. City Council Meeting: 11/1/2021 Prepared: 10/14/2021 ATTACHMENTS: Description Type ❑ plans Backup Material ❑ Contract documents Backup Material ❑ Cost Opinion Backup Material Resolution approving plans, specifications, and cost estimate, etc., setting date of bid opening as November 18, 2021 and date of public hearing as SUBJECT: December 6, 2021, in conjunction with the Traffic Control Room Remodel project, Iowa DOT Project Number STP-U-8155(755)--70-07, and directing City Clerk to publish said notice. Submitted by: Submitted By:Mohammad Elahi. Traffic engineer This project was let on July 22, 2021. Iowa Department of Transportation Summary Statement: (DOT)did not approve the letting and asked us to re-let the project. The DOT had not obtained federal authorization. Federal authorization is now on hand and their comments have been incorporated into the letting documents. Page 34 of 447 TOTAL SHEETS U PROJECT NUMBER Q N DOT#: STP-U-8155(755)-70-07 C ♦^ BLACK HAWK COUNTY V � Z E W J p Z PLANS OF PROPOSED IMPROVEMENTS TO THE CITY OF WATERLOO TRAFFIC CONTROL CENTER REMODEL W I)V VA 7% 0 oc e ~ ~ sM Z J o 0 W U a r--- 1 =800=292=8989 V Lo www.iowaonecall.com Know whars below. 2 U-) Call before you dig. 1U. W ti a 625 GLENWOOD STREET , WATERLOO , IA LO F- V- CERTIFICATIONS W 00 0 �. I ARCHITECT O1 I HE RE BY C ERTIFY THAT T HE PORTION OF TH IS TECHNICAL J WSUBMISSION DESCRIBED BELOW WAS PREPARED BY ME OR UNDER// MY DIRECT SUPERVISION AND 11ESPONS�LE CHARGE. IAM A DULY PROJECT LOCATION 51 i LICENSED ARCHfrECT UNDER THE LAWS OF THE STATE OF IOW A � � � f� �' ..� ,,;# 11106J1 9 11:15�f41 W V, SIGNATURE DATE ! -- �, „� ` � -� :� '• � ALAN L PRINTED OR TYPED NAIAE Alan L.1tAfieskamp WIESKAMP — '~ r 5461 LICENSE NUMOER r MY LICENSE RENEWAL BATE IS JUNE 30, 19 PAGES,SHEETS OR DIVIMNS COVERED BY THIS SEAL: ry� ' w # �!l I I 1% G AND A SHEETS I •� � rt,� � - y s�� I� 1 i . xh r ELECTRICAL ENGINEER N, "• _ I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I _ 4 � AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS Y In�u I u I, ' nri OF THE STATE OF IOWA. s I, r� k IL SIGNATURE DATE 4 ti - • PRINTED OR TYPED NAME Matthew K. Gordon 1 I. LICENSE NUMBER 19216 # P 2019 I # ' MY LICENSE RENEWAL DATE IS DECEMBER 31, PAGES,SHEETS OR DIVISIONS COVERED BY THIS SEAL: ft E SHEETS SHEET INDEX .I GENERAL G000 COVER SHEET G001 PROJECT GENERAL INFORMATION 1 a 0002 MOUNTING HEIGHTS AND ELEVATIONS ARCHITECTURAL A101 FLOOR PLANS ELEC CAL E100 TRI FIRST FLOOR LIGHTING AND POWER PLAN id NORTH S-H PROJECT NO.: 2182080 222 Third Avenue Suite 01C tSHIVEHATTERY 319.3640271fax39364.4251 wwwhe-haterycom CITY OF WATERLOO DOT #: STP-U-8155(755)-70-07 SHEET NAME: COVER SHEET- ISSUED FOR QUOTE SHEET NO. : G000 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 35 of 447 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 36 of 447 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 37 of 447 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 38 of 447 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 CQNNECTRAX 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 - 1 114-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 39 of 447 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 October 2021 i Page 40 of 447 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 November 18,2021 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 November 18, 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 IA20210028 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 January 3, 2022 and expected completion date is June 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 41 of 447 BIDDING PROPOSAL For Locally Let Federal-aid Contracts Type of Work: Interior-Room Remodel Project No.: STP-U-8155(755)--70-07 Letting Date: November 18, 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 inside the building at 625 Glenwood Street,Waterloo, Iowa 50703. 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% - - - - lune 1, 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 42 of 447 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 43 of 447 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 44 of 447 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 45 of 447 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,for the payment of which sum well and truly to be made, we bind ourselves,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas,the PRINCIPAL entered into a certain contract with the OWNER,dated 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 46 of 447 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 47 of 447 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 48 of 447 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 ofthe 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 casejudgment 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 49 of 447 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 50 of 447 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. 27. Buy America.(23 CFR 635.410)All products of iron or steel which are incorporated into the work and all manufacturing processes (including an application of a coating of steel) for these materials shall be of domestic origin and shall be melted and manufactured in the United States. It will be expected that certificates for steel products are reviewed for compliance with the Federal Buy America requirements before it is incorporated in the project. The intent of the Federal requirements is not to utilize foreign steel in a Federal-aid project. Conditions of Contract Page 51 of 447 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 attachments. 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 20 ATTEST: City Clerk,Waterloo,Iowa CONTRACT Page 52 of 447 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://forms.iowadot.gov/FormsMgt/External/l 31023.pdf 4-Proposal Notice Page 53 of 447 PROBABLE CONSTRUCTION COST DETAIL 3-Jun-20 City of Waterloo Traffic Control Center CITY PROJECT NO. TOF- 284-R S-H PROJECT NO. 2182080 DOT PROJECT NO. STP-U-8155(755)--70-07 Total Square Feet 275.28 DESCRIPTION QNTTY UNITS UNIT COST X-TEND 1 General Requirements Supervision 1 mnth $ 2,800.00 $ 2,800.00 Clean-up 1 Is $470.00 $470.00 Refuse Removal 274 sf $ 0.23 $ 63.02 Bonds & Insurance 1 Is $ 1600.00 $ 1,600.00 Total General Requirements $4,933.02 2 Demolition Base 66 If $ 0.50 $ 33.00 Floors 274 sf $ 0.70 $ 191.80 Casework- Removal 900 Is $ 1.00 $ 900.00 Ceilings - Remove & Replace 274 sf $ 1.75 $479.50 Walls 50 sf $ 2.85 $ 142.50 Electrical 1 Is $ 1,300.00 $ 1,300.00 Total Demolition $ 1306.80 $ 3,046.80 3 Thermal Fire Safing Penetrations 1 Is $ 900.00 $ 900.00 Sealants 1 Is $ 800.00 $ 800.00 Total Thermal $ 1.700.00 4 Finishes Interior Wall Framing (Includes Finishing) 50 sf $ 9.50 $475.00 Metal stud walls 50 sf $ 8.80 $475.00 Carpet 274 sf $ 10.75 $ 2,945.50 Acoustical panel ceilings (2x2 grid) 274 If $ 5.00 $ 1,370.00 Vinyl Base 70 sf $ 1.50 $455.00 Paint 674 sf $1.50 $ 900.00 Total Finishes $ 6,620.50 5 Electrical Demolition 1 LS $ 2,800.00 $ 2,800.00 Lighting & Controls 1 LS $ 5,300.00 $ 5,300.00 Receptacles/Connections 1 LS $ 11,200.00 $ 11,200.00 Telecom 1 LS $ 1,600.00 $ 1,600.00 Total Electrical $ 20,900.00 6 Furniture Bench-2 (See Plans Sheet A101 2 ea $400.00 $ 800.00 Bench-1 (See Plans Sheet A102 1 ea $ 600.00 $ 600.00 Total Furniture $ 1,400.00 Workstation Workstation 1 LS $ 15,000.00 $ 15,000.00 Page 54 of 447 Total Workstation $ 15,000.00 Project Sub-Total $ 53,600.32 Work Day Premium 2% $ 1,072.01 Projected Construction Value $ 54,672.33 Estimate Contingency 15% $ 8,200.85 Total Project $ 62,873.18 Page 55 of 447 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 15, 2021, to authorize the sale and conveyance of property located northeast of the Leversee Road and Lake Street intersection, to Zydeco Investments, LLC (for CPM plant), in the amount of$1,170,000, approve a Development Agreement including grant funds, option for acquisition of land, and tax rebates for fifteen years at fifty percent, and Minimum Assessment Agreement at$8,000,000, for the development of a 170,000 square foot building, and instruct City Clerk to publish notice. City Council Meeting: ll/l/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type ❑ Signed Agreement Backup Material ❑ Updated Site Plan Backup Material ❑ Site Plan St. Martin Land Company Backup Material Resolution setting date of public hearing as November 15. 2021, to authorize the sale and conveyance of property located northeast of the Leversee Road and Lake Street intersection, to Zydeco Investments, LLC for CPM plant SUBJECT: in the amount of$1,170,000, approve a Development Agreement including grant funds, option for acquisition of land, and tax rebates for fifteen years at fifty_percent, and Minimum Assessment Agreement at $8,000,000, for the development of a 170,000 square foot building and instruct City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve the resolution The City has competed with other communities for the expansion and relocation of CPM in the Cedar Valley. CPM will be growing from a current facility of 66,444 sq. ft. to a new facility of 170,000 sq. ft. on the west side of the Waterloo Regional Airport, in the new Waterloo Air and Rail Park. The Development Agreement contains an incentive package where Zydeco Investments, LLC will construct the building for the CPM project, buying land from the City of Waterloo for$1,170,000. Once complete with the building(Certificate of Occupancy), the City will pay back$1,270,000 to the Summary Statement: project, reimbursing the land acquisition and an additional$100,000 for dirt work needed for the site (which helps the City with dirt movement out there for the new roadway). The project will start construction by December 31, 2021 and be complete by December 31, 2023. The City will have an option to acquire the former CPM site on 2975 Airline Circle after the new building is completed. The City was awarded RISE funds for the new roadway to serve this site and land on the south side of the new road location, opening up additional land in the industrial park. Page 56 of 447 The new project will have a beneficial impact on the new industrial area as it Neighborhood Impact: helped leverage State funds for roadway development, brings new construction and visibility to the area. Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Data/Analysis and Strategies: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Implementation,Accountability, The project has gone through several hearings at the Planning Commission and Communication: and City Council for the zoning approvals. Community Engagement The project has gone through several hearings at the Planning Commission Methods: and City Council for the zoning approvals. Expenditure Required/Source of tax rebates and $100,000 for grant from East Unified TIF District Funds: Alternative: Not approve Land to be conveyed: Legal Descriptions: Lot 4 of Waterloo Air and Rail Park Second Addition Land with option to be conveyed: Lot 5 of Waterloo Air and Rail Park Second Addition Page 57 of 447 Prepared by Christopher S.Wendlend,P.O. Box 596,Waterloo, IA 50704 Phone(319)234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of November 2021, by and between Zydeco Investments, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct buildings and related improvements on property located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan area, (the "Urban Renewal Area") and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of one million, one hundred and seventy thousand dollars ($1.170.000.00) (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial Page 58 of 447 ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. City shall provide any abstracts and title documents it has in its possession, if any, to assist in title review. 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 without further obligation and return the abstract of title to City. 2. Improvements by Company. Company shall construct on the Property an industrial building of no less than 170,000 total square feet, comprised of approximately 20,000 square feet of office space, 138,000 square feet of manufacturing and warehouse space, and 12,000 square feet of product testing space, as well as related landscaping, paving, signage and parking improvements (collectively, the "Improvements"), in accordance with the Plans as provided in Section 2.1. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the East Waterloo Unified Urban Renewal and Redevelopment Plan (the "Urban Renewal Plan"), and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 2.1. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of the Improvements as detailed and outlined in the Plans. Company shall cause Plans to be provided for the Improvements, which shall be subject to approval by the City as provided in this Section. City shall approve the Plans in writing if: (a) the Plans conform to the terms and conditions of this Agreement; (b) the Plans conform to the terms and conditions of the Urban Renewal Plan; (c) the Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans 2 Page 59 of 447 are not as detailed or complete as the plans otherwise required for the issuance of a building permit. Approval of Plans hereunder shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. The Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans in whole or in part, Company shall submit new or corrected Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans shall continue to apply until the Plans have been approved by the City; provided, however, that in any event Company shall submit Plans which are approved by City prior to commencement of construction of the Improvements. Approval of the Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans by City be deemed to constitute a waiver of any Event of Default. 3. Timeliness of Conveyance and Construction; Option to Repurchase. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to sell and convey the Property to Company and that without said commitment City would not do so. 3.1. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction on the Improvements by December 31, 2021 (the "Start Date") and must substantially complete construction by December 31, 2023 (the "Completion Deadline"). For purposes of this Agreement, substantial completion of construction shall be evidenced by issuance of an occupancy permit. 3.2. Option to Repurchase. At the time of transfer of the Property to the Company, the Company shall execute and deliver to the City a written Option to Repurchase (the "Option to Repurchase") the Property, pursuant to which Option to Repurchase, the City shall have the right to purchase the Property from the Company in the event the Company has not commenced construction of the improvements on the Property on or before June 30, 2022. The Option to Repurchase shall be in a mutually acceptable form and shall include provisions acceptable to the Company's lender. A memorandum of the Option to Repurchase shall be recorded in the office of the Recorder for Black Hawk County, Iowa. The Option to Repurchase shall provide that if construction of the improvements has not commenced by the Start Date or within any agreed period of extension and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, supply chain disruption or other cause beyond the reasonable control of Company (each such condition or event being an 3 Page 60 of 447 "Unavoidable Delay"), the right to repurchase the Property shall not accrue until the expiration of the period of time equal to the period of the Unavoidable Delay. 4. Option to Repurchase; Indemnity. In the event the City exercises the Option to Repurchase, Company agrees that it shall 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 the transfer of the Property to the City, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company, in exchange for the payment by the City of an amount equal to the Purchase Price. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. 4.1. Appointment of Attorney in Fact. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attomey-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. 4.2. Indemnification. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement or the Option to Purchase and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to pay the Purchase Price and finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Purchase Price and the Improvements. 6. Utilities and Services. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 7. Additional City Assistance. The incentives described in the following subsections of this Section 7 are in addition to the other Project incentives extended by City to Company hereunder. 4 Page 61 of 447 7.1. Roadway. City will apply for funds under the State of Iowa RISE program for construction of a new street from Leversee Road extending eastward, to be called Hyper Drive, to serve the Property. City will complete design and construction of the new street and installation of related infrastructure by December 31, 2021. 7.2. Support for Applications. City agrees that it will cooperate in good faith with Company and, if necessary for program requirements, sponsor Company applications for available state tax credits and/or rebates, community college job training funds, and other available government funding, if Company chooses to make any such application(s). 7.3. Option to Sell. The parties acknowledge that upon completion of Improvements, the Property will be occupied by a third-party tenant, currently contemplated to be CPM Holdings Inc., or an affiliated entity ("CPM"). CPM or its affiliate currently own or occupy property at 2975 Airline Circle, Waterloo, Iowa (the "2975 Airline Property"). At the time of purchase of the Property, the City agrees to execute and deliver to CPM an Option to Sell (the "Option to Sell") the 2975 Airline Property to the City for an amount equal to its fair market value, as determined by an appraisal by an MAI appraiser acceptable to both CPM and the City, plus the cost of the appraisal (the "2975 Airline Sale Price"). Pursuant to the Option to Sell, CPM or any successor owner of the 2975 Airline Property shall have the right to exercise the Option to Sell within ninety (90) days after CPM has completed the transition of its operations and equipment to the Property, by delivery to the City of a written notice of exercise of the Option to Sell. Thereafter, the City shall purchase the 2975 Airline Property for the 2975 Airline Sale Price within sixty (60) days following the receipt by the City of the notice of exercise of the Option to Sell. The purchase shall be free and clear of (i) any mortgages or other liens or encumbrances created by CPM or its assignee, and (ii) any environmental conditions that significantly impair the use or value of the 2975 Airline Property. Prior to any such purchase and at any reasonable time, City, its agents and contractors, shall have access to the 2975 Airline Property for purposes of evaluation and environmental testing. Company shall obtain all permission from the owner of 2975 Airline Property for City's access for purposes of appraisal, evaluation and testing. If access by City, its agents or contractors, is denied or unduly restricted, City may terminate the obligation to purchase the 2975 Airline Property under the Option to Sell if reasonable access is not allowed within thirty (30) days of advance written notice to Company. 7.4. Progress Incentive Payment. Within thirty (30) days after Company has provided such documentation as City reasonably requires to substantiate that Company has expended no less than $2,000,000 in construction of Improvements on the Property as part of the Project, the City shall pay the Company the amount of one million, two hundred seventy thousand ($1,270.000.00) as an incentive payment based on the progress of the Project. 7.5. Option to Purchase Additional Land. City hereby grants to the Company, its successors and assigns, an option to purchase, for the sum of $1.00, up to an 5 Page 62 of 447 additional 10 acres of land abutting the Property to the extent necessary in connection with any project for a significant expansion of the Improvements. The option may be exercised by delivering written notice of exercise to the City no later than December 31, 2031. The option shall terminate upon the first to occur of January 1, 2032, or the termination of this Agreement prior to construction of the Improvements. If Company exercises the option, the parties shall negotiate the terms of a new development agreement or an amendment to this Agreement to address requirements related to the expansion project. Unless governed by the terms of such agreement or amendment, the provisions of Section 1 hereof shall govern the transfer of title. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it, or its assign of according to Section 16.2, 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. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAX) attached hereto as Exhibit"B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of$8,000,000.00 (the "Minimum Actual Value"), through: (i) willful destruction of the 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 agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. 9. Property Tax Rebates. Provided that Company has completed the Improvements as set forth in this Agreement, City agrees to rebate property tax, subject to the exceptions and limitations otherwise set forth in this Agreement, as follows: Year One through Year Fifteen 50% rebate each year for any taxable value over the January 1, 2021 value of $0 (each such payment a "Rebate"). Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (i) Company, or its assign according to Section 16.2, has actually paid general property taxes due and owing for such Fiscal Year and (ii) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate 6 Page 63 of 447 for such Fiscal Year. The City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to the City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on 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 Fiscal Year of in which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event the Improvements on the Property are completed prior to January 1, 2023 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2023 assessed value would be for the Fiscal Year ending June 30, 2024, with the taxes payable one-half by September 30, 2024 and one-half by March 31, 2025, then the first Rebate could be applied for after March 31, 2025 and prior to April 1, 2026. 10. Limitations on Payment of Rebates. 10.1. Each payment of a Rebate is subject to annual appropriation by the City Council each fiscal year. The City has no obligation to make any payments to Company as contemplated under this Agreement until the City Council annually appropriates the funds necessary to make such payments. The right of non-appropriation reserved to the City in this subsection 10.1 is intended by the parties, and shall be construed at all times, so as to ensure that the City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of the City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by the City's bond counsel to create, or result in the creation of, such a legal indebtedness of the City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by the City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. 10.2. Notwithstanding the provisions of Section 9 hereof, the City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof the City fails to appropriate funds for payment; the City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the 7 Page 64 of 447 Development Property and Minimum Improvements to fund a Rebate payment to Company, as contemplated under Section 9 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by the City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa Court having jurisdiction over the subject matter hereof, or the City's ability to collect Tax Increment from the Minimum Improvements and Development Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circumstances, the City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of Section 9, the City may terminate this Agreement, without penalty or other liability to the City, by written notice to Company. 10.3. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to the City for deposit in an account maintained under this Agreement, the provisions of Section 403.19 of the Code and the ordinance governing the Urban Renewal Plan. 11. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: 11.1. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. 11.2. Until substantial completion of the Improvements, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. 11.3. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 11.4. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. 8 Page 65 of 447 11.5. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. 11.6. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. 11.7. During the period that any rebate is payable to Company under this Agreement, Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for the business operations of the type to be conducted on the Property by Company, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. 11.8. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 12. Representations and Warranties of City. City hereby represents and warrants as follows: 12.1. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 12.2. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 9 Page 66 of 447 13. Representations and Warranties of Company. Company hereby represents and warrants as follows: 13.1. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 13.2. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. 13.3. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 13.4. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or bylaws of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. 13.5. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. 13.6. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 14. Indemnification and Releases. 14.1. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or 10 Page 67 of 447 injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. 14.2. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. 14.3. The provisions of this Section shall survive the expiration or termination of this Agreement. 15. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 16. No Assignment or Conveyance. 16.1. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property or this Agreement 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. Notwithstanding the preceding sentence, the Company shall be permitted to assign all of the member interest in the Company to any lender or guarantor of the Company's debt, St. Martin Land Company or a wholly owned subsidiary of St. Martin Land Company prior to completion of the Project without any consent of the City (other than this provision). 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 11 Page 68 of 447 satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 16.2. Company shall have the right to assign the right to apply for and receive a Rebate under this Agreement for one or more years to (i) a tenant of the Property, (ii) a lender to Company and/or (iii) a purchaser of the Property. In the event of any such assignment, Company shall provide the City with written notice of such assignment. 17. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default' shall mean any one or more of the following events that continues beyond any applicable cure periods: 17.1. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; 17.2. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City, except as permitted in Section 16 above; 17.3. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against the Property; 17.4. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or an MAA; 17.5. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Project Property. 17.6. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 12 Page 69 of 447 18. Remedies. 18.1. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. 18.2. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. 18.3. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 19. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 20. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 13 Page 70 of 447 21. No Third-Party Beneficiaries. Except as provided in Section 16 above, no rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third- party beneficiary of any of the provisions of this Agreement. 22. 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, at 115 3rd St. SE, #806, Cedar Rapids, IA 52401, email nick.taiber@stmartinholdings.com, Attention: President, with copies to kwebster@stmartinholdings.com. 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. 23. 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. 24. 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. 25. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall 14 Page 71 of 447 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. 26. 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. 27. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 28. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 29. 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. 30. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 15 Page 72 of 447 CITY OF WATERLOO, IOWA ZYDECO INVEST NTS, LLC By: By: Quentin M. Hart, Mayor Nicholas Taber, Manager Attest: Kelley Felchle, City Clerk 15 Page 73 of 447 EXHIBIT "A" Legal Description of Property [aaa—to be determined] Page 74 of 447 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of November , 2021, by and among the CITY OF WATERLOO, IOWA ("City"), ZYDECO INVESTMENTS, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit"A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual 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 $8,000,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before the Completion Deadline stated in the Development Agreement. If it is not completed within the same calendar year as the Completion Deadline, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2042. Nothing herein shall be deemed to waive the Company's rights under Iowa Code Page 75 of 447 § 463.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. 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 ZYDECO INVESTMENTS, LLC By: By: Quentin M. Hart, Mayor Nicholas Taiber, Manager - By: Kelley Felchle, City Clerk 2 Page 76 of 447 STATE OF IOWA } ) ss. COUNTY OF BLACK HAWK ) On this day of , 2021, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) n 1r f1 Subscribed and sworn to before me on ) -'.r LL 2021, by Nicholas Taiber as Manager of Zydeco Investments, LLC. MARIAH GILLILAND -ommiss+on Number 831 375 a � t t L&Y My commission Expires N a Public Apr;! 15, 2024 rY 3 Page 77 of 447 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 Eight Million Dollars ($8,000,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA } ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 78 of 447 FUME ADDITION k L k + M 37,5W$F , - - --- ---- ----- PHASE -- ----PHASE 0 ' REST�C►nER� ' �- ----- --- - -- - Lu NTUMI PARIWG I < �I 0 PHASE 1 0 Pi ' 1+ PHASE 1 m � { 14022,23?SF ,fs !' Uj LU � _ 50c.3 12• " �10 r � l I Q 'I a - u .I r 4 KAANUF.f WAREHOUSE I wFuRE PXRIL4G awk _ f ,moi �"• {•�.` f I { Page 79 of 447 0 4 • ' ' WARP DRIVE I f LONE TREE ROAD ' +" r' EXTENSION ° I y. k AR C H I T I C T U R I P.0.13-1240 Cedar Falls,IA 50613 319.277.5636 319.277.5639 fax leviarchitecture.com ©Copyright 2021 Drawings&specifications,ideas, F I k \•\ dare ran &sholl Tremain the property nofd the architect&no part shall be copied or disclosed to others or •'� �. used in connection with any work or -I project other than the specified project for whithey have been 1 ;[X.:.: w c `v • ,' •,i he written consent oprepared chhe architect.Visual contact with •'.\ these drawings&specifications shall constitute conclusive evidence of acceptance of these restrictions. ' •�.E'* Y. - Yt41 I •I� •�• Tom,• I m,r� I I �101'v I ; •. I . I r I 9.96 ACRES +I I (434,000 SF) I . I — - c 71 PROPOSED 000 SEDITION i \ ` I I 80'X250' S# >1 80'X250' 20 ACRES I -1- fi_rt- (871 ,200 SF) E 0 � - • � • V a� 120,OOOS - =3 to 480'X250' ® PROPOSED –– – I J L) _ ADDITION _ >� _ 10,000 SF 80'X125' x—x I i E O O I - - - - •• _ L O mrn T .. I • a W w I� V) � � cn l u u ISI y k • x x •I - A1 ,00 _. I-� - - - - - - - - - r Date: SIH 1 1�J -- -- - - - - - - -- -- - - - April 1 021 — _ r N I}�+ xp. ..•^A w E LAKE STEET — S c e l e: 1n = 200'-0" 80 r lel pf 447 (FUTURE EXTENSION) dd . St. Martin Land Company Manufacturing Development MidPort America Business Park Waterloo) Iowa NORTH ELEVATION SOUTH ELEVATION EAST ELEVATION SIGNAGE ---- ------------------------- -- - WEST ELEVATION Page 81 of 447 ha CH 111 CTURI St. Martin Land Company ManufacturingDevelopment MidPort America Business Park Waterloo) Iowa CORRUGATED MTL.PANELS,TYP. PREFIN.SHT. MTL.COPING,TYP. PEMB PANELS,TYP T.O.WALL +32'-011 - - - LL - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- --------------------------------------- -------- --- ------- ------------------------------------------ -- +23'0" - ----- -------------------------------------- WALL ---------__---------------- _--___--WALL N A- o; - - - ACM PANELS,TYP. --- - - - - - ------ --- MA-UIN F +0' " LOOR LOOK IL - BLACK ANODIZED STOREFRONT BLACK ANODIZED ALUM. DOOR& BLACK ANODIZED ALUM. ACM PANELS,TYP. PRECAST PANELS,TYP. ACM PANELS,TYP. FRAMING&THERMAL GLAZING,TYP. STOREFRONT FRAMING,TYP. WINDOW FRAMING& THERMAL GLAZING,TYP. WEST ELEVATION LV 'I L Page 82 of 447 ARCHITICTURI St. Martin Land Company ManufacturingDevelopment MidPort America Business Park Waterloo) Iowa - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - T.O.WALL_ PREFIN.SHT.MTL. PEMB PANELS,TYP. PRECAST PANELS,TYP. CORRUGATED MTL. PANELS,TYP. ACM PANELS,TYP. COPING,TYP. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - T.O.WALL ------------ - - - - - - - - - - - - +23' --- - ---- - - -- -- -- -- - T.O.WALL _ ACM PANELS,TYP. BLACK ANODIZED 71r 7 1STOREFRONT FRAMING& THERMAL GLAZING,TYP. - - MAIN FLOOR BLACK ANODIZED ALUM.DOOR& STOREFRONT FRAMING,TYP. NORTH ELEVATION LV 'I L Page 83 of 447 AR CH 111 CTURI St. Martin Land Company ManufacturingDevelopment MidPort America Business Park Waterloo) Iowa :M ALL +32-0"------------------------------------------------------------- -- - - - -- PREFIN.SHT. MTL.COPING,TYP. PRECAST PANELS,TYP. ACM PANELS,TYP. PREFIN.SHT.MTL.COPING,TYP. PEMB PANELS,TYP. i T.O.WALL --------------- ---------------------- ---- ------------------------------ --------------------------------------------------------------- ---- ---------------------- N7T.O.WALL - - - .22'-0" - - CORRUGATED MTL.PANELS,TYP. - - - - ACM PANELS,TYP. BLACK ANODIZED STOREFRONT FRAMING W/ THERMAL GLAZING,TYP. MAIN FLOOR BLACK ANODIZED ALUM. DOOR& STOREFRONT FRAMING,TYP. SOUTH ELEVATION LV 'I L Page 84 of 447 ARCHITICTURI CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 4, 2021 and date of public hearing as November 15, 2021, in conjunction with the 2021-2022 Residential/Miscellaneous Areas Snow Removal Contract for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish notice. City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type ❑ 2021-2022 Planning and Zoning Snow Removal RFB Backup Material ❑ 2021-2022 Planning and Zoning Snow Removal RFB Backup Material Published Notice Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 4, 2021 and date of public SUBJECT: hearing as November 15, 2021, in conjunction with the 2021-2022 Residential/Miscellaneous Areas Snow Removal Contract for city owned lotseg nerally acquired through Iowa Code 657A, and instruct City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson,C ommunity Planning and Development Director Recommended Action: Approval The City of Waterloo through its Dilapidated Housing Task force has acquired approximately 215 properties over the last several years using Iowa Code 657A. A majority of the properties where demolished, with some being Summary Statement: sold with development agreement and rehabilitated, and some still awaiting to be demolished. Lots owned by the City of Waterloo must be maintained, including snow removal. This bid will select a snow removal contractor for the lots. Neighborhood Impact: Data/Analysis and Strategies: Property Maintenance Implementation,Accountability, Nuisance abatement and Communication: Expenditure Required/Source of Unknown/Nuisance abatement bonds Funds: Page 85 of 447 CITY OF WATERLOO , IOWA Request for Bid 2021 -2022 RESIDENTIAL/MISCELLANEOUS AREAS SNOW REMOVAL CONTRACT October 2021 City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Page 86 of 447 SECTION I—INSTRUCTION TO BIDDERS 1.0 EXPLANATION TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Request for Bid must be requested in writing via email, letter, or fax, and with sufficient time allowed for a reply to reach all bidders before submission of their bids.Any interpretation or changes made to the RFB will be in the form of an addendum of the Request for Bid and will be furnished to all prospective bidders. All prospective bidders will receive email notifications of any addendums by the Project Manager.All bidders must acknowledge in the space provided on the Bid Form acknowledgement of such addendums received by the Project Manager prior to the 1:00 p.m. bid deadline set for the opening of bids. Oral explanations or instructions given before the award of the contract will not be accepted. 1.1 PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department. Before submitting a bid, each bidder shall carefully read the specifications and all other contract documents. Each bidder shall be fully informed,prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents.No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws,municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. Submit sealed bid to (address exactly as stated): SEALED RFB FOR 2021-2022 RESIDENTIAL/MISCELLANIOUS AREAS SNOW REMOVAL CONTRACT City Hall City Clerk's Office 715 Mulberry Street Waterloo,IA 50703 Bids should be mailed, overnight delivery, or in-person delivery(no electronic or fax submittals). 1.2 BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope,by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the snow removal work and will furnish the required certificate(s) of insurance, and in case the successful bidder shall fail or refuse to enter into the Contract, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. 1.3 LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Request for Bid and Notice of Public Hearing and Notice to Bidders after the exact time set for closing of bids-(Thursday,November 4,2021,at 1:00 p.m.)will not be considered.However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City,will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written request received from bidders prior to the time set for closing of bids. 1.4 PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Request for Bid and Notice of Public Hearing and Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. 1.5 EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Page 87 of 447 Waterloo area must be given priority in supplying materials,bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The project area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to,businesses owned by persons residing in the project area. 1.6 STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall,upon request of the Planning and Zoning Department, submit on the form furnished a statement of the Bidder's qualifications,his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested,a detailed financial statement. The Planning and Zoning Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Planning and Zoning Department all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Planning and Zoning Department that the Bidder is qualified to carry out properly the terms of the Contract. 1.7 EXECUTION OF AGREEMENT AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten(10)days after the prescribed forms are presented for signature,the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City,may require. B. The successful bidder shall,within the period specified in paragraph"A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the Contract Documents. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the same amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all its employees and those of its subcontractors engaged in work at the site,in accordance with State Worker's Compensation Laws. C. The failure of the successful bidder to execute such agreement and to supply the required certificate(s)within ten(10) days after the prescribed forms are presented for signature, or within such extended period as the City,may grant,based upon reasons determined sufficient by the City,may either award the contract to the next lowest responsible bidder or re- advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed,irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising,the defaulting bidder shall have no claim against the City of Waterloo for a refund. SECTION II—GENERAL CONDITIONS 2.0 DEFINITIONS Whenever used in any of the Contract Documents,these terms shall be defined as follows: Contract-means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Contractor-means the person, firm or corporation entering into the Contract with the City of Waterloo,to maintain properties as described in the Specifications provided. Contract Documents-means and shall include the following: Executed Contract or Agreement,Addenda(if any), Invitation for Bids,Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and(Plans or Drawings when required). Page 88 of 447 Owner or Local Public Agency(LPA)-means the Planning and Zoning Department of the City of Waterloo. Project Manager-means the City's representative from the Planning and Zoning Department, Aric Schroeder, City Planner/Project Manager. Email address: aric.schroeder(a)waterloo-ia.org Phone: 319-291-4366 2.1 SUPERINTENDENCE BY CONTRACTOR Except where the Contractor is an individual and gives personal superintendence to the work,the Contractor shall provide a competent superintendent, satisfactory to the Planning and Zoning Department/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all information before proceeding with the work and be held responsible for any error resulting from failure to do so. 2.2 OTHER CONTRACTS The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors,by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Planning and Zoning Department/City of Waterloo. The Contractor shall not commit or permit any act in which will interfere with the performance of work by any other Contractor as scheduled. 2.3 FITTING AND CORRDINATION OF THE WORK The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract.The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. 2.4 CARE OF WORK The Contractor shall be responsible for all damages to person or property that occur as result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Planning and Zoning Department. The Contractor shall provide sufficient security,both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work,materials, equipment or time due to acts of any person on the project site. Therefore, it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets,curbs,pavements, structures,and utilities except those which are to be replaced or removed.Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. 2.5 OTHER GENERAL REOUIREMENTS The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed.No extra allowance will be made because of lack of such examination or knowledge. Contractor shall not disturb (damage) existing walks, drives,parking areas,trees, shrubs,or turf areas outside the limits of the project. If disturbed,these items shall be replaced by the Contractor at no cost to the City or the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and equipment during time of performing services.Upon request,the City Forester will determine the extent of protection necessary for the trees. 2.6 PERMITS AND CODES The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Page 89 of 447 2.7 LIABILITY INSURANCE The Contractor shall at all times during the term of the Agreement maintain in full force and effect, at its own expense, Employer's Liability,Worker's Compensation,Automobile,Public Liability and Property Damage Insurance, and other insurance as set forth below, including contractual liability coverage for the indemnity and hold harmless provisions of this Agreement. Each policy shall require at least 30 days' advance written notice to the City in the event of cancellation or material change in terms. The City of Waterloo,Iowa shall be specifically named as an additional insured on all insurance. Such coverages shall be primary,non-contributing and contain waivers of subrogation against any coverage held by the City. Before commencement of work hereunder,the Contractor agrees to furnish the City with certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. Insurance coverages shall comply with the limits specified below: Coverages Minimum Limits of Liability Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability (Except automobile) $1,000,000 each occurrence Property Damage Liability (Except automobile) $1,000,000 each occurrence Automobile Bodily Injury Liability $1,000,000 each occurrence Excess Liability $5,000,000 Automobile Property Damage Liability $1,000,000 each occurrence SECTION III—SPECIAL TERMS AND CONDITIONS AND SERVICE REQUIREMENTS 3.0 TERM OF CONTRACT The initial term of the Contract shall be for four(4)months, anticipated to be from November 15,2021 to March 14, 2022. A Contract,approved by the City Council and signed by the mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda, and the response(Bid)from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase,the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases,to negotiate more favorable terms, or to terminate(or allow to expire)without cost,the future performance of the Contract. 3.1 TERMS OF PAYMENT Payment to the Contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of snow events 1" or more removed from properties that snow removal occurred during the previous month. A detailed bill of completed snow removal work must be received and approved by the Planning and Zoning Department located at 715 Mulberry St.,Waterloo,Iowa before payments will be made. The billing shall include: • Property addresses and/or description of where work was performed • Number of times sidewalks were cleared at each property each month • When salt/sand is used the following shall be provided: o Pounds/tons used including rate per Tons/pounds o Property address(s) or general description(s)of where it was used o Number of applications applied per month 3.2 SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary for snow removal and application of sand/ice melt for approximately 215 Residential and miscellaneous lots/areas in accordance with bid specifications.Assigned areas shall have snow removed each time there is a snow event of at least 1 inch,which shall be completed within 48 hours from the end of the snow event. The bid specs require that the full width of the sidewalk be cleared along the full width of each property(lot) down to the pavement. A good-faith attempt will need to be made to clear down to the pavement. In the event that it is impossible,because of ice or other hazard,then sand or other abrasive material, (such as Ice Melt or Page 90 of 447 another approved product)may be used so pedestrian traffic is safe. Only use sand/ice melt in amounts to make pedestrian traffic safe. Do not coat sidewalk with a large amount of sand.All work must comply with the City of Waterloo Codes& Ordinances or contractor shall return to the property and make the necessary correction without additional costs to the City. All bidders should know that the list of properties fluctuates as the city is continually acquiring and selling properties. Contractor or their designee must be reachable by phone Monday through Friday 8:00 a.m. to 5:00 p.m. during the term of the Contract. 3.3 SITE CLEAN-UP Prior to each snow removal the Contractor shall remove all trash and debris including paper,branches,rocks, and other portable objects. All trash and debris shall be legally disposed of,off site,at no additional expense to the City. Additionally,the contractor shall be responsible for cleaning up and repairing all damage created by snowplow&snow removal operations. This includes adding soil and seeding damaged areas as needed. 3.4 DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets,curbs,pavements, structures, signs,mailboxes, fences, benches,utilities, and other fixtures.Any damage caused by the Contractor shall be completely repaired at no additional cost to the City. At no time shall any snow removal equipment come in contact with any privately owned tree or shrub during snow removal.Any tree or shrub damaged by the Contractor shall be replaced at the direction of the Planning and Zoning Department with no additional cost to the City. The Contractor shall avoid damage to turf grass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Planning and Zoning Department with no additional cost to the City. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. 3.5 REQUIRED EQUIPMENT The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment listed on the Bid Form will be verified by the Planning and Zoning Department to determine whether it is adequate for this snow removal contract. A portfolio of existing or past contracts with letters of recommendations would be helpful in verifying the bidder's qualifications. Types of snow removal equipment required for this contract: Walk-behind snow blowers Riding snow blowers Pick-up truck and/or tractor with snow blade Salt&sand applicator Shovels SECTION IV—GENERAL TERMS AND CONDITIONS 1. LANGUAGE,WORDS USED INTERCHANGEABLY—The word 3. SPECIFICATION DEVIATIONS BY THE PROPOSER-Any CITY refers to the CITY OF WATERLOO, IOWA throughout these deviation from this specification MUST be noted in detail,and Instructions and Terms and Conditions.Similarly,PROPOSER submitted in writing in the Proposal.Completed specifications refers to the person or company submitting an offer to sell its should be attached for any substitutions offered,or when goods or services to the CITY,and CONTRACTOR refers to the amplifications are desirable or necessary.The absence of the successful bidder. specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the 2. PROPOSER QUALIFICATIONS-No Proposal shall be accepted specifications as written herein. Failure to submit this document of from,and no contract will be awarded to,any person,firm or specification deviation,if applicable,shall be grounds for rejection corporation that is in arrears to the City upon debt or contract,that of the item when offered for delivery. If specifications or is a defaulter,as surety or otherwise,upon any obligation to the descriptive papers are submitted with Proposals,the Proposer's City,or that is deemed irresponsible or unreliable by the City.If name should be clearly shown on each document. requested,Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular 4. COLLUSIVE PROPOSAL—The Proposer certifies that the supply/service proposal and that they have the necessary proposal submitted by said Proposer is done so without any financial resources to provide the proposed supply/service as previous understanding,agreement or connection with any described in this Request for Proposal. person,firm,or corporation making a proposal for the same Contract,without prior knowledge of competitive prices,and it is, Page 91 of 447 in all respects,fair,without outside control,collusion,fraud or 15. CANCELLATION-Either party may cancel the contract in the otherwise illegal action. event that a petition,either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that 5. SPECIFICATION CHANGES,ADDITIONS AND DELETIONS— such party makes an assignment for the benefit of creditors. All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be 16. ASSIGNMENT-Proposer shall not assign the contract or any considered in awarding of Proposals. monies to become due thereunder without the prior written consent of the City.Any assignment or attempt at assignment 6. PROPOSAL CHANGES-Proposals,amendments thereto,or made without such consent of the City shall be void. withdrawal requests received after the time advertised for Proposal opening,will be void regardless of when they were 17. EQUAL OPPORTUNITY—The successful firm agrees not to mailed. refuse to hire,discharge,promote,demote,or to otherwise discriminate in matters of compensation against any person 7. HOLD HARMLESS AGREEMENT—Except as to any negligence otherwise qualified solely because of age,race,color,religion, of City, its officials,officers,employees or agents, in the sex,sexual orientation,gender identity,marital status, national performance of any duty under this Contract,and to the extent not origin,citizenship status,disability,or veteran status. covered by insurance maintained by Contractor,the Contractor agrees to protect,defend,indemnify and hold harmless the City of 18. TAXES-The City of Waterloo is exempt from sales tax and Waterloo, its officials,officers,employees and agents,from and certain other use taxes.Any charges for taxes from which the City against any and all claims and damages of every kind and nature is exempt will be deducted from invoices before payment is made. made, rendered or incurred by or in behalf of every person or company whatsoever,including the parties hereto and their 19. PROPOSAL INFORMATION IS PUBLIC—All documents employees,that may arise,occur,or grow out of any acts, submitted with any proposal and the proposal shall become public actions,work or other activity done by the Contractor,its documents and subject to Iowa Code Chapter 22,which is employees,subcontractors or any independent contractors otherwise known as the"Iowa Open Records Law". By submitting working under the direction of either the Contractor or any document to the City of Waterloo in connection with a subcontractor in the performance of the contract. proposal,the submitting party recognizes this and waives any claim against the City of Waterloo and any of its officials,officers 8. PROPOSAL REJECTION OR PARTIAL ACCEPTANCE—The and employees relating to the release of any document or City reserves the right to reject any or all Bids. The City further information submitted. reserves the right to waive technicalities and formalities in Bids, as well as to accept in whole or in part such Bid where it is Each submitting party shall hold the City of Waterloo and its deemed advisable in protection of the best interests of the City. officials,officers and employees harmless from any claims arising from the release of any document or information made available 9. PROPOSAL CURRENTY/LANGUAGE—All bid prices shall be to the City of Waterloo arising from any proposal opportunity. shown in US Dollars($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All bids (responses)must be submitted in English. 10. PAYMENTS-Payments will be made for all goods/services delivered, inspected and accepted within 30 days after acceptance and on receipt of an original invoice. 11. MODIFICATION,ADDENDA&INTERPRETATIONS-Any apparent inconsistencies,or any matter requiring explanation or interpretation,must be inquired into by the Proposer in writing at least 72 hours(excluding weekends and holidays)prior to the time set for the Proposal opening.Any and all such interpretations or modifications will be in the form of written addenda.All addenda shall become part of the contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS-All applicable State of Iowa and federal laws,ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be,and are incorporated herein by reference. 13. SUBCONTRACTING-No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL-Telegraphic and/or proposal offers sent by electronic devices(e.g.facsimile machines)are not acceptable and will be rejected upon receipt. Proposers will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service,or other means. Page 92 of 447 EXHIBIT "A" SIGNATURE PAGE 2021-2022 Residential/Miscellaneous Areas Snow Removal Contract BID FORM BIDDER: COMPANY NAME Proj ect Manager: PROJECT MANAGER NAME ADDRESS: PHONE: () 1. The undersigned,being a Corporation existing under the laws of the State of , or a limited liability company existing under the laws of the State of ,or a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, and the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed SNOW REMOVAL, in accordance with the contract documents and for the unit price in place for the following amount: Bid Price: Price per Lot/Area per occurrence for approximately 215 Properties dollars (S ) Written Price Per Lot/Occurrence: 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3. In submitting this bid,the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option,all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty(30)days after Bid Opening, or at any time thereafter before this bid is withdrawn,the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required certificate of insurance within ten(10)days after the agreement is presented for signature, and start work within ten(10) days after"Notice to Proceed"is issued. 4. Security in the sum of dollars($ ) in the form of ,is submitted herewith in accordance with NOTICE TO BIDDERS. 5. The Bidder is prepared to submit a financial and experience statement upon request. Page 93 of 447 6. The Prime Contractor and Subcontractor(s),which have performed an aggregate of$10,000.00 in work for the City in the current calendar year, are prepared to submit an Affirmative Action Plan or update and an Equal Opportunity Clause, within ten(10)days of notification that the bid submitted is lowest and acceptable. 7. The Bidder has received the following Addendum or Addenda: Addendum No. Date: 8. The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment list may be submitted as a separate attachment. 9. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked"none"or"NA". 10. The bidder has attached all applicable forms. 11. The City reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: Name and Title Page 94 of 447 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors,vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor,vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age,mental or physical handicap,political opinions or affiliations. The contractor, subcontractor,vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race,creed,color, sex,national origin,religion, economic status, age,mental or physical disability,political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor,vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex,national origin,religion,economic status, age,mental or physical disabilities,political opinion or affiliations. 3. The contractor, subcontractor,vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor,vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies,procedures,patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor,vendor and supplier will permit access to his/her employment books,records and accounts to the City's Affirmative Action Officer,for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations and orders,this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor,vendor and supplier of goods and services will include, or incorporate by reference,the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules,regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. Page 95 of 447 8. We,the undersigned,recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race,creed, color, sex,national origin,economic status, age,mental or physical disabilities. Signed: Appropriate Official Title Date Page 96 of 447 EXHIBIT "B" 2021-2022 Residential/Miscellaneous Areas Snow Removal Contract This Contract for Snow removal(the"Contract") is made and entered into on November 15,2021,by and between the City of Waterloo, Iowa(the"City"),and (the"Contractor"). The term of the Contract shall be from November 15,2021 through April 14,2022. 1. The Contractor shall furnish all supervision,technical personnel, labor,materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications. 2. The Contract Documents shall consist of the following: a) This Contract b) Request for Bid c) Notice of Hearing and Notice to Bidders d) Signed Response(Bid)from Contractor These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents,the document in the order set forth above that first addresses the issue or provision in question shall govern. 3. The Contractor agrees to commence the work within twenty-four(24)hours after the City issues a"Notice to Proceed"and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following: a) Contractors will abide by ordinance section 7-1-2(B)(1). Contractors will not be permitted to transfer snow onto or across any city street or alley. In the event snow is transferred into the street,it shall be removed by the Contractor. b) In the event the Planning and Zoning Department finds that the Contractor did not fulfill its obligation,the Contractor will be required to go back to the property at no additional cost to the City. c) During snow removal the sidewalks will be cleared the width of the sidewalk and to the concrete unless ice prevents such removal. In the event the ice is unable to be removed the Contractor will be required to lay down sand, salt,or a mixture of both. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys,keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials,officers, employees or agents in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action,losses,costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract,whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. Page 97 of 447 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense,to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work,but the work is delayed by the City,the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights,may allow for partial payment for the work included on an invoice for which all services have been delivered or accepted. The City may withhold payment for reasons including,but not limited to,the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract,third-party claims filed or reasonable evidence that a claim will be filed,or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7)days after notice thereof shall have been given by City to Contractor,then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven(7)days' advance written notice. In the event of termination,the Contractor shall be compensated for all necessary services performed through the termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 9 above,this Contract may be terminated at any time, in whole or in part,upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time without cause by delivering to Contractor twenty-one(2 1) days' advance written notice of termination. 11. Contractor may not assign,delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Because time is of great importance when completing snow removal,the Contractor must notify the City of Waterloo at least two (2)weeks in advance including who will be filling in for them for any planned time off. 13. Any notice under this Contract shall be in writing and shall be delivered in person or by United States Post Office registered or certified mail,postage prepaid and addressed: City Contractor City of Waterloo,Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: Planning Department 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 as stated above. Page 98 of 447 14. Nothing in this Contract shall,or shall be deemed or construed to, create or constitute any joint venture,partnership, agency, employment, or any other relationship between the parties nor, except as expressly set forth herein,to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent Contractor. 15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract is held invalid, illegal,or unenforceable,whether in whole or in part,the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written,but that by limiting such provision it would become valid, legal, and enforceable,then such provision shall be deemed to be written and shall be construed and enforced as so limited. 17. This Contract,together with the Contract Documents,constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 18. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work,the City agrees to pay the Contractor as set forth on Exhibit"A"attached hereto. 19. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. during the term of this Contract. IN WITNESS WHEREOF,the parties have executed this Contract for Snow Removal by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO,IOWA CONTRACTOR By: Quentin Hart-Mayor Authorized Representative Attest: Kelly Felchle -City Clerk Page 99 of 447 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation,where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so,where and why? 9. Have you ever defaulted on a contract? If so,where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you,upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo,Iowa? 17. The undersigned hereby authorizes and requests any person,firm,or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated this day of 520 . Name of Bidder By: Title: Page 100 of 447 State of ) ss County of ) being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this_day of ,20 Notary Public My commission expires 120 . Page 101 of 447 NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS On Proposed Plans, Specifications, Form of Contract, for 2021-2022 Residential/Miscellaneous Areas Snow Removal Contract General Description The City of Waterloo has approximately 215 residential/miscellaneous properties with public sidewalk that requires periodic snow removal. Annually,the city sends out Requests for Bid for snow removal of the sidewalk of city owned residential lots and miscellaneous areas. The bidder shall bid per unit price(per lot/per occurrence price) for all city owned properties.All bidders should know that the list of properties fluctuates as the city is continually acquiring and selling properties. SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary for snow removal and application of sand/ice melt for approximately 215 residential lots and miscellaneous areas in accordance with the bid specifications.Assigned areas shall have snow removed each time there is a snow event of at least 1 inch,which shall be completed within 48 hours from the end of the snow event. The bid specs require that the full width of the sidewalk be cleared along the full width of each property(lot)down to the pavement. A good-faith attempt will need to be made to clear down to the pavement. In the event that it is impossible,because of ice or other hazard,then sand or other abrasive material, (such as Ice Melt, sand or another approved product)may be used so pedestrian traffic is safe. RECEIVING OF BIDS Sealed bids will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, 715 Mulberry Street, Waterloo, Iowa, no later than 1:00 p.m., Thursday, November 4, 2021, for the 2021-2022 Residential/Miscellaneous Areas Snow Removal Contract, as described in the plans and specifications now on file in the City Clerk's office. OPENING OF BIDS All proposals received will be opened in the Harold E. Getty Council Chambers in the City of Waterloo City Hall, 715 Mulberry Street,Waterloo,Iowa, on Thursday,November 4,2021,at 1:00 p.m. After the opening of bids the proposals will be referred to the Planning and Zoning Department for recommendation of award, and will be acted upon at such later time and place as may then be fixed by the City Council. The bid opening will be livestreamed on YouTube and made available on the city website. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed plans, specifications and form of contract for the 2021-2022 Residential/Miscellaneous Areas Snow Removal Contract at the City Council Meeting,Monday November 15,2021 at 5:30 p.m.The hearing will be held in the City Council Chambers on the second floor of Waterloo City Hall. The contract documents are on file on the first floor in the City Clerk's office, City Hall, 715 Mulberry Street,Waterloo,Iowa for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope,by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the snow removal work and will furnish the required certificate(s) of insurance, and in case the successful bidder shall fail or refuse to enter into the Contract, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award one contract to the lowest responsible Bidder whose bid conforms to the Specifications listed in this RFP and is most advantageous to the City, and the Planning and Zoning Department price and other factors considered. Page 102 of 447 The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and the Planning and Zoning Department such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Action Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order of the City Council of said City of Waterloo, Iowa, on the day of , 2021. Kelley Felchle, City Clerk City of Waterloo,Iowa, Page 103 of 447 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 4, 2021 and date of public hearing as November 15, 2021, in conjunction with Asbestos Abatement Services Contract AB-2021-11-01P, for a portion of the property located at 100 E. 9th Street, and instruct the City Clerk to publish notice. City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type ❑ RFB Asbestos Abatement Services Contract AB-2021- Backup Material 11-01P ❑ Exhibit B-1 100 E 9th Survey Report Backup Material ❑ Exhibit B-2 100 E 9th Additional Survey work Backup Material ❑ Exhibit C draft contract Backup Material ❑ 100 E 9th St Aerial Backup Material ❑ 100 E 9th St Pies Backup Material Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 4, 2021 and date of public SUBJECT: hearing as November 15, 2021, in conjunction with Asbestos Abatement Services Contract AB-2021-11-01P, for a portion of the property located at 100 E. 9th Street, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The above mentioned property was acquired for economic redevelopment purposes, and is being abated of asbestos in preparation of demolition. Other portions of this property were previously abated, but this portion was Summary Statement: not because it has a partially collapsed roof and it was not thought that it would be able to be abated, but indication has been provided that the area will be able to be safely abated, so we are looking to proceed with the abatement bid. Data/Analysis and Strategies: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Expenditure Required/Source of Unknown/Nuisance Abatement bonds Funds: Page 104 of 447 CITY OF WATERLOO , IOWA Request for Bid ASBESTOS ABATEMENT SERVICES October 2021 RFB Asbestos Abatement Services Contract AB-2021-11-01 P Portion of 100 E 9' Street City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Page 105 of 447 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for asbestos abatement services Contract AB- 2021-11-01 P — Portion of 100 E 9' Street. All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday November 4, 2021 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container should be marked as noted below, and include the name of the company submitting the bid. 1.1 RFB Timeline Name of the Bid: Asbestos Abatement Services Contract AB-2021-11-01 P Notice of RFB Date: October 18, 2021 Mandatory Walk Thru Date: There will not be a mandatory walk thru Deadline for Bid Submittal: Thursday November 4, 2021 at 1:00 p.m., Central Time Submit Sealed Bid to: Address exactly as stated: SEALED RFB FOR ASBESTOS ABATEMENT SERVICES CONTRACT AB-2021-11-01 P City of Waterloo City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Aric Schroeder, City Planner/Project Manager (City's Representative) E-mail Address: aric.schroeder(aD_waterloo-ia.org Phone: Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-01 P:Portion of 100 E 9"Street Page 106 of 447 Page 2 of 8 1.4 Bids will be opened on Thursday November 4, 2021, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's YouTube Cannel. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the award. The awarding of the contract is anticipated to be at the City Council meeting on Monday November 15, 2021 at 5:30 p.m.. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the proposal evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-01P:Portion of 100 E 9"Street Page 107 of 447 Page 3 of 8 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for approximately seven (7)weeks beginning November 15, 2021, to December 31, 2021. 3.0.2 The City and the Contractor may renew the original Contract for one (1)week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-01P:Portion of 100 E 9"Street Page 108 of 447 Page 4 of 8 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.4 All work is to be done in strict compliance with this RFB. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for a portion of 100 E 9" Street (the approximately 50' x 50', 2,500 SF 1 story building addition located on the northwest side of the building. This building has a mostly collapsed roof that will affect asbestos removal. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Bidder shall be responsible to familiarize itself with the specifications included in this RFB and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-01P:Portion of 100 E 9"Street Page 109 of 447 Page 5 of 8 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos surveys included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the asbestos abatement project. 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 Reserved. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within the Contract Term (anticipated to be December 31). If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. SECTION V GENERAL TERMS AND CONDITIONS 1. LANGUAGE,WORDS USED INTERCHANGEABLY- upon debt or Contract, that is a defaulter, as surety or The word CITY refers to the CITY OF WATERLOO, otherwise, upon any obligation to the City, or that is IOWA throughout these Instructions and Terms and deemed irresponsible or unreliable by the City. If Conditions. Similarly, PROPOSER refers to the person requested, Proposers shall be required to submit or company submitting an offer to sell its goods or satisfactory evidence that they have a practical services to the CITY, and CONTRACTOR refers to the knowledge of the particular supply/service proposal and successful bidder. that they have the necessary financial resources to provide the proposed supply/service as described in this 2. PROPOSER QUALIFICATIONS - No Proposal shall be Request for Proposal. accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-01P:Portion of 100 E 9"Street Page 110 of 447 Page 6 of 8 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ 11. MODIFICATION, ADDENDA & INTERPRETATIONS - OFFEROR-Any deviation from this specification MUST Any apparent inconsistencies, or any matter requiring be noted in detail, and submitted in writing in the explanation or interpretation, must be inquired into by Proposal. Completed specifications should be attached the Proposer in writing at least 72 hours (excluding for any substitutions offered, or when amplifications are weekends and holidays) prior to the time set for the desirable or necessary.The absence of the specification Proposal opening. Any and all such interpretations or deviation statement and accompanying specifications modifications will be in the form of written addenda. All will hold the Proposer strictly accountable to the addenda shall become part of the Contract documents specifications as written herein. Failure to submit this and shall be acknowledged and dated on the signature document of specification deviation, if applicable, shall page. be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are 12. LAWS AND REGULATIONS - All applicable State of submitted with Proposals, the Proposer's name should Iowa and federal laws, ordinances, licenses and be clearly shown on each document. regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, 4. COLLUSIVE PROPOSAL - The Proposer certifies that and are incorporated here by reference. the proposal submitted by said Proposer is done so without any previous understanding, agreement or 13. SUBCONTRACTING - No portion of this Proposal may connection with any person, firm, or corporation making be subcontracted without the prior written approval by a proposal for the same Contract, without prior the City. knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or 14. ELECTRONIC SUBMITTAL - Telegraphic and/or otherwise illegal action. proposal offers sent by electronic devices (e.g.facsimile machines) are not acceptable and will be rejected upon 5. SPECIFICATION CHANGES, ADDITIONS AND receipt. Proposing firms will be expected to allow DELETIONS-All changes in Proposal documents shall adequate time for delivery of their proposal either by be through written addendum. Verbal information airfreight, postal service,or other means. obtained otherwise will NOT be considered in awarding of Proposals. 15. CANCELLATION-Either party may cancel the award in the event that a petition, either voluntary or involuntary, 6. PROPOSAL CHANGES - Proposals, amendments is filed to declare the other party bankrupt or insolvent or thereto, or withdrawal requests received after the time in the event that such party makes an assignment for advertised for Proposal opening, will be void regardless the benefit of creditors. of when they were mailed. 16. ASSIGNMENT- Proposer shall not assign this order or 7. HOLD HARMLESS AGREEMENT - The Contractor any monies to become due hereunder without the prior agrees to protect, defend, indemnify and hold harmless written consent of the City. Any assignment or attempt the City of Waterloo, its officers and employees, their at assignment made without such consent of the City agencies and agents, from any and all claims and shall be void. damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation 17. EQUAL OPPORTUNITY - The successful firm agrees whatsoever, including the parties hereto and their not to refuse to hire, discharge, promote, demote, or to employees that may arise, occur, or grow out of any otherwise discriminate in matters of compensation acts, actions, work or other activity done by the against any person otherwise qualified solely because Contractor, its employees, subcontractors or any of age, race, color, religion, sex, sexual orientation, independent contractors working under the direction of gender identity, marital status, national origin, either the Contractor or subcontractor in the citizenship status, disability, or veteran status. performance of this Contract. 18. TAXES-The City of Waterloo is exempt from sales tax 8. PROPOSAL REJECTION OR PARTIAL ACCEP- and certain other use taxes.Any charges for taxes from TANCE - The City reserves the right to reject any or all which the City is exempt will be deducted from invoices Proposals. The City further reserves the right to waive before payment is made. technicalities and formalities in Proposals, as well as to 19 PROPOSAL INFORMATION IS PUBLIC — All accept in whole or in part such Proposals where it is documents submitted with any proposal and the deemed advisable in protection of the best interests of proposal shall become public documents and subject to the City. Iowa Code Chapter 22,which is otherwise known as the 9. PROPOSAL CURRENCY/LANGUAGE - All proposal "Iowa Open Records Law". By submitting any document prices shall be shown in US Dollars ($). All prices must to the City of Waterloo in connection with a proposal, remain firm for the duration of the Contract regardless of the submitting party recognized this and waives any the exchange rate. All proposal responses must be claim against the City of Waterloo and any of its officers submitted in English. and employees relating to the release of any document or information submitted. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within Each submitting party shall hold the City of Waterloo 45 days and on receipt of an original invoice and all and its officers and employees harmless from any necessary supporting documentation. claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-01P:Portion of 100E9"Street Page 111 of 447 Page 7 of 8 EXHIBIT"A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Portion of 100 E 9th Street. Total 'lump sum" bid: $ Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests for bid Page 112 of 447 AWK Y ENVIRONMENTAL ASBESTOS INSPECTION REPORT 105 E 10th St Waterloo, IA f �F . � � s ~�L•r y�tii rrllrwsL��, —r= - Al. Project Report Dated: June 10, 2020 0 0 L Q) CQ 0 U Page 113 of 447 AWK Y ENVIRONMENTAL I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK/ INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY 0 0 L Q) 0 U Page 114 of 447 AWK Y ENVIRONMENTAL A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION Commercial Property 105 E 10th St Waterloo, Iowa 2. CLIENT CONTACT Mr. Chris Western Planning and Zoning Department City of Waterloo, Iowa 3. DATE(s) OF INSPECTION April 29, 2020 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 S. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION 0 NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 101768 0 U Page 115 of 447 AWK Y ENVIRONMENTAL B. SCOPE OF WORK Methods and Procedures: The property located 105 E 10th St, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA-defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPS. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by Eurofins CEI. Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR -Air Quality Division. Tom.Wuehr@DNR.lowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.iowadnr.gov/air/prof/asbestos/asbestos.html 0 0 v 0 U Page 116 of 447 AWK Y ENVIRONMENTAL INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed and asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. It is the intent of this survey to determine if any of the materials with potential for disturbance are asbestos containing. The structure is a warehouse cooler building with that is now vacant. The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. The SW roof of the building has completely collapsed and is on the ground. The interior walls of most of the building contain cork and mastic. The mastic in these walls contains asbestos. A representative number of samples were collected from all suspect asbestos building materials. 0 0 v 0 U Page 117 of 447 AWK Y ENVIRONMENTAL C. SUMMARY OF ASBESTOS BUILDING MATERIALS 105 E 10th St Surfacing Materials Material Description Location None Thermal Systems Insulation Material Description Location None Miscellaneous Materials Material Description Location Flashing Gray SW Roof Vent Tar Gray SW Roof Awning Tar Gray SW side of the standing building Cork Mastic Black Cooler Walls (Majority of the interior) <1%Asbestos Materials Material Description Location Plaster Gray Interior Walls * Materials which contain less than 1% asbestos are not considered "asbestos- containing materials" per Iowa DNR and EPA regulations. However, OSHA considers materials with any asbestos content to be a potential hazard. Contractors shall be required to comply with all OSHA regulations regarding removal of materials or demolition of structures with materials containing less than 1% asbestos. 0 0 i N f6 0 U Page 118 of 447 AWK Y ENVIRONMENTAL BULK SAMPLE ANALYSIS 105 E 10th St Waterloo, Iowa 0 0 L Q) 0 U Page 119 of 447 tiff eurofins CEI June 8, 2020 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: Waterloo, 105 E 10th CEI LAB CODE: A208497 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on June 7, 2020. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1% asbestos are considered asbestos-containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1% asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director INVtA TESTING NVLAP LAB CODE 101768-0 730 SE Maynard Road • Cary, NC 27511 • 919.481 .1413 Page 120 of 447 tiff eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: Waterloo, 105 E 10th LAB CODE: A208497 TEST METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORT DATE: 06/08/20 TOTAL SAMPLES ANALYZED: 20 # SAMPLES >1% ASBESTOS: 6 Page 121 of 447 OeurofinsAsbestos Report Summary CEI By: POLARIZING LIGHT MICROSCOPY PROJECT: Waterloo, 105 E 10th LAB CODE: A208497 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description % 001 A127168 Black Roof Core None Detected 002 A127169 Black Roof Core None Detected 003 A127170 Black Flashing mg=- flaw 004 A127171 Black Vent Tar MAMMA- 005 A127172 Black Awning Tar 006 A127173 Black Roof Core None Detected 007 A127174 Black Shingle None Detected 008 A127175 Black Tarpaper None Detected 009 A127176 Gray Plaster Chrysotile <1% 010 A127177 Gray Plaster Chrysotile <11% 011 A127178 Gray Plaster Chrysotile <1% 012 A127179 Gray Plaster None Detected 013 A127180 Gray Plaster None Detected 014 A127181 Gray Plaster None Detected 015 A127182 Brown Cork Only None Detected 016 A127183 Brown Cork Only None Detected 017 A127184 Brown Cork Only None Detected 018 A127185 Black Cork Mastic 019 A127186 Black Cork Mastic 020 A127187 Black Cork Mastic Page 1 of 1 Page 122 of 447 ASBESTOS BULK ANALYSIS tiff e u rof i n s CEI By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: A208497 814 Wood Lily Road Date Received: 06-07-20 Solon, IA 52333 Date Analyzed: 06-07-20 Date Reported: 06-08-20 Project: Waterloo, 105 E 10th ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON-ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non-Fibrous % 001 Roof Core Heterogeneous 15% Cellulose 65% Tar None Detected A127168 Black 20% Fiberglass Fibrous Bound 002 Roof Core Heterogeneous 15% Cellulose 65% Tar None Detected A127169 Black 20% Fiberglass Fibrous Bound 003 Flashing Homogeneous 95% Tar A127170 Black Fibrous Bound 004 Vent Tar Homogeneous 95% Tar A127171 Black Fibrous Bound 005 Awning Tar Homogeneous 95% Tar A127172 Black Fibrous Bound 006 Roof Core Heterogeneous 20% Cellulose 75% Tar None Detected A127173 Black 5% Foam Fibrous Bound 007 Shingle Heterogeneous 30% Fiberglass 50% Tar None Detected A127174 Black 20% Gravel Fibrous Bound Page 1 of 4 Page 123 of 447 •., ASBESTOS BULK ANALYSIS tiff e u rof i n s CEI By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: A208497 814 Wood Lily Road Date Received: 06-07-20 Solon, IA 52333 Date Analyzed: 06-07-20 Date Reported: 06-08-20 Project: Waterloo, 105 E 10th ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON-ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non-Fibrous % 008 Tarpaper Homogeneous 35% Cellulose 65% Tar None Detected A127175 Black Fibrous Bound 009 Plaster Heterogeneous 65% Silicates <1%Chrysotile A127176 Gray 25% Binder Non-fibrous 10% Paint Bound 010 Plaster Heterogeneous 65% Silicates <1%Chrysotile A127177 Gray 25% Binder Non-fibrous 10% Paint Bound 011 Plaster Heterogeneous 65% Silicates <1%Chrysotile A127178 Gray 25% Binder Non-fibrous 10% Paint Bound 012 Plaster Heterogeneous 65% Silicates None Detected A127179 Gray 25% Binder Non-fibrous 10% Paint Bound 013 Plaster Heterogeneous 65% Silicates None Detected A127180 Gray 25% Binder Non-fibrous 10% Paint Bound 014 Plaster Heterogeneous 65% Silicates None Detected A127181 Gray 25% Binder Non-fibrous 10% Paint Bound Page 2 of 4 Page 124 of 447 ASBESTOS BULK ANALYSIS tiff e u rof i n s CEI By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: A208497 814 Wood Lily Road Date Received: 06-07-20 Solon, IA 52333 Date Analyzed: 06-07-20 Date Reported: 06-08-20 Project: Waterloo, 105 E 10th ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON-ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non-Fibrous % 015 Cork Only Homogeneous 100% Cork None Detected A127182 Brown Non-fibrous Bound 016 Cork Only Homogeneous 100% Cork None Detected A127183 Brown Non-fibrous Bound 017 Cork Only Homogeneous 100% Cork None Detected A127184 Brown Non-fibrous Bound 018 Cork Mastic Homogeneous 97% Tar A127185 Black Fibrous Bound 019 Cork Mastic Homogeneous 97% Tar A127186 Black Fibrous Bound 020 Cork Mastic Homogeneous 97% Tar A127187 Black Fibrous Bound Page 3 of 4 Page 125 of 447 tiff eurofins CEI LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORTING LIMIT: <1% by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1% by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available on request. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description. ANALYST: �� r APPROVED BY: Emily Lineback Tianbao Bai, Ph.D., CIH Laboratory Director m V A TESTING NVLAP LAB CODE 101768-0 Page 4 of 4 Page 126 of 447 0% e u rof i n s CHAIN OF CUSTODY ti LAB USE ONLY. 730 SE Maynard Road, Cary, NC 27511 CEI Lab Code: Z Tel: 866-481-1412; Fax: 919-481-1442 CEI Lab I.D. Range: �? Z COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT#: Job Contact: Company-Hawkeye Environmental Email ITel: Address: 814 wood lily road, Solon, IA 52333 Project Name: W Project I D#: L V C9 Email:Cody@HawkeyeEnv.com Po#: Tel: 319-930-8044 Fax: STATE SAMPLES COLLECTED IN: IF TAT IS NOT MARKED STANDARD 3 DAY TAT APPLIES. TURN AROUND TIME ASBESTOS METHOD 4 HR 8 HR 1P Y 2 DAY 3 DAY 5 DRY PLM BULK EPA 600 ❑ ❑ gv ❑ ❑ ❑ PLM POINT COUNT(400) EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ PLM POINT COUNT(1000) EPA 600 ❑ _ ❑ E] F-1 El 7-1 _ PLM GRAY w POINT COUNT EPA 600 _ ❑ ❑ ❑ ❑ ❑ PLM BULK CARB 43S ❑ ❑ ❑ ❑ ❑ PCM AIR` NIOSH 7400 ❑ ❑ ❑ ❑ ❑ ❑ TFM AIR EPA AHERA ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR NIOSH 7402 ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR(PCME) ISO 10312 ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR ASTM 6281-15 ❑ ❑ I❑ ❑ ❑ ❑ TEM SULK CHATFIELD ❑ ❑ i❑ ❑ ❑ TEM DUST WIPE ASTM D6480-05(2010) ❑ ❑ ❑ ❑ ❑ ❑ TEM DUST MICROVAC ASTM 05755-09(2014) ❑ ❑ ❑ ❑ ❑ ❑ TEM SOIL ASTM D7521-16 ❑ ❑ ❑ ❑ TEM VERMICULITE CINCINNATI METHOD ❑ ❑ ❑ ❑ TEM QUALITATIVE IN-HOUSE METHOD ❑ ❑ ❑ ❑ ❑ OTHER ❑ ❑ ❑ ❑ ❑ ❑ '61XIk5 should be taken from the same sample lot as Feld samples. REMARKS /SPECIAL INSTRUCTIONS: ❑ Accept Samples ❑ Reject Samples Relinquished By: Date/Time Received By: DatelTime r) � 1 Samples will be disposed of 30 days after analysis Page of Version: CCOC.01.18.112.LD Page 127 of 447 euroflns SAMPLING FORM CEI COMPANY.CONTACT INFORMATION Company:Hawkeye Environmental Job Contact: Project Name: Project ID#: Tel: VOLUME/ SAMPLE 1D# DESCRIPTION I LOCATION AREA TEST 6"l C- PLM TEM 0 bo-7- PLM n TEM C U T—\0 y�a•. ,t PLM TEM [-71 PLM TEM [� D �� PLM TEM C?ib ct_ 7 PLM 0 TEM 0 PLM TEM 0 PLM TEM PLM TEM V L, PLM TEM 0 PLM TEM PLM TEM PLM 0 TEM 0 h t PLM TEM 0 PLM U TEM 0 L t PLM TEM bn PLM 0 TEM C A,-y PLM 0 TEM 0 G \CI ;t PLM TEM Cz PLM TEM 0 PLM TEM 0 PLM 0 TEM PLM TEM 0 PLM TEM PLM TEM PLM D TEM PLM TEM PLM 0 TEM Page of Version: CCOC.01.18.212.LD Page 128 of 447 EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite 13109, Phoenix, AZ 85044 0262084 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#/P.O. #: 21-26684 Address: 803 RICKER ST. Date Received: 10/07/2021 WATERLOO IA 50703 Date Analyzed: 10/08/2021 Collected: 09/28/2021 Date Reported: 10/08/2021 Project Name: 100 EAST 9TH ST, MECHANICAL RM EPA Method: EPA 600/R-93/116 SAMPLING Submitted By: JAY LLEWELLYN Address: Collected By: Lab ID Sample Layer Name/ Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0262084-001 WEST MECH RM- LAYER 1 Yes Chrysotile 80% Cellulose Fiber 10% OCB-1 WEST END Pipe Fitting,White/Gray Carbonates Gypsum Quartz Binder/Filler 10% LAYER 2 No None Detected Cellulose Fiber 85% Wrap,White/Tan Gypsum Binder/Filler 15% LAYER 3 No None Detected Paint/Coating,White/Gray Carbonates Quartz Binder/Filler 100% 0262084-002 WEST MECH RM- Mud,White/Tan Yes Chrysotile 5% Mineral Wool 30% OCB-2 ON GROUND Gypsum Quartz Carbonates Perlite Binder/Filler 65% Page 1 of 2 Page 129 of 447 EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite 13109, Phoenix, AZ 85044 0262084 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#/P.O. #: 21-26684 Address: 803 RICKER ST. Date Received: 10/07/2021 WATERLOO IA 50703 Date Analyzed: 10/08/2021 Collected: 09/28/2021 Date Reported: 10/08/2021 Project Name: 100 EAST 9TH ST, MECHANICAL RM EPA Method: EPA 600/R-93/116 SAMPLING Submitted By: JAY LLEWELLYN Address: Collected By: Lab ID Sample Layer Name/ Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0262084-003 WEST MECH RM- LAYER 1 No None Detected Synthetic Fiber 85% OCB-3 SE AREA Insulation,Beige/Tan Carbonates Gypsum Binder/Filler 15% LAYER 2 No None Detected Cellulose Fiber 20% Pipe Coating, Black Gypsum Binder/Filler 80% LAYER 3 No None Detected Cellulose Fiber 85% Wrap,White/Tan Carbonates Gypsum Binder/Filler 15% LAYER 4 No None Detected Paint/Coating,White/Off White Carbonates Binder/Filler 100% 0262084-004 WEST MECH RM- Wrap,Black Yes Chrysotile 40% OCB-4 WEST END Gypsum Quartz Binder/Filler 60% Analyst- Kenneth Scheske Signatory-Lab Director-Kurt Kettler Distinctly stratified,easily separable layers of samples are analyzed as subsam pies of the whole and are reported separately for each discernible layer.All analyses are derived from calibrated visual estimate and measured in area percent unless otherwise noted.The report applies to the standards or procedures identified and to the sample(s)tested.The test results are not necessarily indicated or representative of the qualities of the lot from which the sample was taken or of apparently identical or similar products,nor do they represent an ongoing quality assurance program unless so noted.These reports are for the exclusive use of the addressed client and that they will not be reproduced wholly or in part for advertising or other purposes over our signature or in connection with our name without special written permission.The report shall not be reproduced except in full,without written approval by our laboratory.The samples not destroyed in testing are retained a maximum of thirty days.The laboratory measurement of uncertainty for the test method is approximately less than 1 by area percent. Accredited by the National Institute of Standards and Technology,Voluntary Laboratory Accreditation Program for selected test method for asbestos.The accreditation or any reports generated by this laboratory in no way constitutes or implies product certification,approval,or endorsement by the National Institute of Standards and Technology.The report must not be used by the client to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government.Polarized Light Microscopy may not be consistently reliable in detecting asbestos in floor coverings and similar non-friable organically bound materials. Page 2 of 2 Page 130 of 447 EXHIBIT "C" ASBESTOS ABATEMENT SERVICES CONTRACT #AB-2021-11-01P Portion of 100 E 9` Street This Contract for Asbestos Abatement Services (the "Contract") is entered into as of November 15, 2021, by and between the City of Waterloo, Iowa("City") and In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of November 15, 2021 thru December 31, 2021, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFB response. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed$ as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. Page 131 of 447 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten(10) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within the term of the Contract. 4. Performance Bond. Not required for this Contract. 4.1 Payment Bond. Not required for this Contract. 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record-retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2)business days of request, to City, and any other agency of state or federal government. For purposes of this section, "records"means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish,upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Re-inspection Costs. The contractor that performed the asbestos surveys for the properties (Exhibit`B"to the RFB)will inspect the properties for proper removal of ACM. If the abatement Contractor fails to remove all ACM that requires any re-inspection by the survey contractor, the abatement Contractor shall be responsible to pay(directly to the survey contractor) any and all fees associated with said re-inspection. 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7)days after notice thereof shall have been 2 Page 132 of 447 given by City to Contractor(or for a period of fourteen(14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature,cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; C. declare a default of this Contract,make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor,but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical 3 Page 133 of 447 insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk 4 Page 134 of 447 5� t . E \. Portion of buildinPortion of building that not ye abated g has already been abated Portion of � _ building with collap"d roof i O� r N W�E Cit LJ of Waterloo,Iowa S Page 135 of 447 lot- 1 ' Collapsed roof portion, with ACM flashing tar r ,f '4 Collapsed roof portion, with ACM flashing tar Page 136 of 447 - F ACM • •' insulation stick up ACM flashing stuck to brick Page Boiler Room pics w s � a T1I';Fc_ 1 �� �iAd i Page 138 of 44 Boiler Room pics 'row, 1 Page r A� 139 of 447 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 15, 2021 to approve the request by Alberta Young to vacate the public sidewalk in front of the lot located at 914 Sumner Street, and instruct the City Clerk to publish notice. City Council Meeting: 11/1/2021 Prepared: 10/19/2021 ATTACHMENTS: Description Type ❑ Council Packet Backup Material Resolution setting date of public hearing as November 15, 2021 to approve SUBJECT: the request by Alberta Young to vacate the public sidewalk in front of the lot located at 914 Sumner Street, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted is a request to set the date of public hearing as November 15, 2021 to approve the request by Alberta Young to vacate the sidewalk in front of the lot located at 914 Sumner Street, and instruct the City Clerk to publish notice. The applicant is requesting to vacate 50 linear feet of public sidewalk, so the owner will no longer have to maintain the sidewalk, in front of the lot at 914 Sumner Street. The site and surrounding properties have been zoned "R-2"One and Two- Family Residence District since the adoption of the Zoning Ordinance in 1969. Summary Statement: The applicant is requesting to vacate the portion of the public sidewalk in front of their property. The applicant is planning to reconstruct the private walkway to the home and the sidewalk will require extensive repairs. However, the sidewalk is an island with no sidewalks on the rest of the block and there are currently no plans to add sidewalks to the block. The complete streets committee reviewed the proposal and did not take a position on the vacate request. At their October 12th, 2021 meeting, the Planning, Programming, and Zoning Commission voted unanimously to recommend approval of the request. The request to vacate the sidewalk would not appear to have a negative Page 140 of 447 impact on the neighborhood as this sidewalk segment is an island with no other sidewalk sections on the south side of Sumner Street for two blocks. Therefore, staff recommends the request Alberta Young to vacate 50 linear Neighborhood Impact: feet of sidewalk at 914 Sumner Street, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. 3. The public sidewalk is no not needed for pedestrian purposes. Data/Analysis and Strategies: City Sidewalk Vacate Implementation,Accountability, N/A and Communication: Expenditure Required/Source of None Funds: Legal Descriptions: Page 141 of 447 October 12,2021 REQUEST: Request by Alberta Young to vacate the sidewalk in front of the lot located at 914 Sumner Street in the "R-2" One and Two- Family Residence District. �LE9TFLA= 1312' ERSi� �- n7-,I I I Is�FC Z� A-1 - OILIIIIIV�E���R���STo T �,,T��� w LLW I I�NllJ�Illf_� �®ff Im O FM� GAELSST�I O®I IIII 2�Z�y11LL11.W ®TM jTT M11M[x M-2 ®MTJP a M-2 R-2 rr®,7®''''49QuiNcys �EWELL'sr ®Q]-FTIlll � �rfTTTT k I Z MSTJ RNH�NL]w M® C_2 :TTI FFF D I IJ �� y N �1lIfTTiTliTll R-2,C-z' x® ¢�® R-2 zwcUazl4ACET ®�RTsr �® .Z''0 sTuNE ® y° DNEluasr— w x R-2 R 3 R-P C=1 X y i U `MLLOWST C_P TCTiITI I ` '{,_1 SNs.L1AMAVEI R=3 J J IL L C-iV ALEANYST -C'i� M_i DOUGtASS' Vik y� R-,P_ LIME Si �h1;� y-r7-�-�-��''�[ ®®®� VIIIIJ_LLL T 'I®® YfNE S W—_ PRO�SPEILCl�TI1 IA1 1 VIi E1-rLl GLEhWD5 3 ` I'll 1. A vrsR ALTA. Ll�ulr[-{3 snlsr Ij �� -2 h I IIF NIC-2 C-2 F ,k✓ MDEYENDENCEAVLE� 3, FAMTV E_ �DURnAND ST � _ WRL ll P n CLw X51 Ey M_i y z=M 1 C2 Ii 9R-3;R=P si � �F�� x�o_ x nroxROHEsr� R'g R=3 p9C y�EOWLERS� R-2 L � ® R-2,c z C-Z ��LKsT ® *3' C-2 ®® C-2 LLLLll E H S ®fie-z T�I w 11 - iwu 1 APPLICANT(S): Alberta Faye Young, 914 Sumner Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting to vacate 50 linear feet of public DESCRIPTION: sidewalk, so the owner will no longer have to maintain the sidewalk, in front of the lot at 914 Sumner Street. Vacate-914 Sumner Page 1 of 6 Page 142 of 447 October 12,2021 r Legend �17J_J Sidewalk at 914 Sumner I 914 Sumner Sumner i l J_Law IMPACT ON The request to vacate the sidewalk would not appear to have a NEIGHBORHOOD & negative impact on the neighborhood as this sidewalk segment is SURROUNDING LAND an island with no other sidewalk sections on the south side of USE: Sumner Street for two blocks. VEHICULAR & The request to vacate would not appear to have a negative PEDESTRIAN impact on vehicular or pedestrian traffic in the area. TRAFFIC CONDITIONS: RELATIONSHIP TO There are no trails in the area. RECREATIONAL TRAIL There are no sidewalks other than in front of the applicant's PLAN and COMPLETE property on this block of Sumner Street. The property in question STREETS POLICY. is on the south side of the street with no sidewalks present until past Beech Street. There is no sidewalk within this block, and it is not anticipated that the area would be prioritized for any future Vacate-914 Sumner Page 2 of 6 Page 143 of 447 October 12,2021 sidewalk infill project, however, the sidewalk in question is only 132' from the existing sidewalk along Beech Street. ZONING HISTORY The site has been zoned "R-2" One and Two-Family Residence FOR SITE AND District since the adoption of the Zoning Ordinance in 1969. IMMEDIATE VICINITY: North — Residential — "R-2" One and Two-Family Residence District. South — Residential — "R-2" One and Two-Family Residence District. East — Residential — "R-2" One and Two-Family Residence District. West— Residential and Dr. Walter Cunningham School of Excellence — "R-2" One and Two-Family Residence District. BUFFERS REQUIRED/ The request would not require any buffering by ordinance NEEDED: standards. DRAINAGE: The proposed vacate would not appear to have a negative impact on drainage. DEVELOPMENT The area primarily consists of single-family homes constructed HISTORY: between 1907 and 2004. FLOODPLAIN: The vacate area is not located in a special flood hazard area as indicated by the FEMA Flood Insurance Rate Map No. 1900025 0189F. PUBLIC /OPEN Cunningham School of Excellence is located 1 block to the SPACES/ SCHOOLS: northwest, George Washington Carver Middle School is located 1.44 miles to the northwest, and East High School is located 0.631 miles to the southwest. UTILITIES: WATER, There is an 8" sanitary sewer line located in Sumner Street. SANITARY SEWER, There are overhead power lines located on the north side of STORM SEWER, ETC. Sumner Street. RELATIONSHIP TO The area on the future land use map is Low-Density Residential. COMPREHENSIVE The proposed vacate is in compliance with the future land use LAND-USE PLAN: map. Vacate-914 Sumner Page 3 of 6 Page 144 of 447 October 12,2021 STAFF ANALYSIS — ZONING ORDINANCE: F@ - Picture 1: Looking at 914 Sumner Street. 'I M� 1 +4. Picture 2: Looking at sidewalk in front of 914 Sumner Street. The applicant is requesting to vacate the portion of the public sidewalk that sits in front of their property. The applicant is planning to reconstruct the private walkway to the home and the sidewalk will require extensive repairs. However, the sidewalk is Vacate-914 Sumner Page 4 of 6 Page 145 of 447 October 12,2021 an island with no sidewalks on the rest of the block and there are currently no plans to add sidewalks to the block. 1 Picture 3:I Looking toward Cunningham School for Excellence. The complete streets committee reviewed the proposal and did not take a position on the vacate request. Picture 4: Looking from Beech Street past the sidewalk toward 914 Sumner Street. Vacate-914 Sumner Page 5 of 6 Page 146 of 447 October 12,2021 At their October 12th, 2021 meeting, the Planning, Programming, and Zoning Commission voted unanimously 6-0 to recommend approval of the request. STAFF ANALYSIS — There would be no platting required in relation to the request. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends the request Alberta Young to RECOMMENDATION: vacate 50 linear feet of sidewalk at 914 Sumner Street, located in the "R-2" One and Two-Family Residence District, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. 3. The public sidewalk is no not needed for pedestrian purposes. Vacate-914 Sumner Page 6 of 6 Page 147 of 447 City of Waterloo Planning, Programming and Zoning Commission October 1 =111. 1111■ �'�i�1� = :�1111 ■111 1111 1111111 . �- 1111 illi■ 1111111 11 1 =1111 1■11111111111 �, 11 � 11 � ■1111111111111 _ _ 1111 11111 _ _ � �'111: 111111= 11111 • ■ — � — 1111111111 ■■111 -- � - - -- -- - -- -- 111 III 111 ' --— /1111111 1111111 �L Illli 111■1111• =- ■�� i � � ■■ ■ 11111111 1111 11111111111 ■1�1 11�� =■ ■ 1111111 • _1111111 IIII _ _ ■■ =11111 IIIIIIIII ■_■ ■■■ 11111111111111■ 11 =1 � ■■ =11� X11111111 �� ■■1■■ �� 1� nllllllll ,�. =� ■11� II■11 = ■111111■ 1111191■ _ 11111 1 111111 ■ ;1_III■LI - 1111 ■�1 - 1 I�11111 �-_ -1111■■ !III 111111 IIIIIIIIII ISI■II 1■■■1 ■I ' 1 _ 1111�1�11111111� 11 i'llll■ 11 .I IIIIIIIIII IIIIIIIII =I■I lil lil ► _ 111111 Iii :11 IIIIIIIII 111111111 ■ ■■ ■HIM 1, 111 . 1111 INN III ! ■ _ _ - �111111� — � � ;, � �- � 11111111 • SON 1■ :111 ., �IIIIII III 1 1 11. —_■= ■II ■ 111111111 _ 111111 _ is � ' ` \ =� ✓ ■ � —� � 111■ 111., ���� = 11111 111 1111111111111 � � _ � � ■■ � 1■11111 11111 1111111 i � lig�_ _ ■_ � 1■■ 1■ 111■ �����"'�' - 1111111111111= 'IIII I■ 11111 11 1■11� -• � - 111111 — � �' 1111!' ■ � ••• ��� �_• . Ili 1111111 11111 ��: � ■ _ : � 1► �■ __ - = ■11111 111■II � '�I ' Ian i111111� 1 LJI � ► �'� i � � 111■ 1111111 ■ 11III■11 e 1 I 111■ 1111111■111 ■111 ■ . 1111_ Chi 111 _ 500 0 1 000 ��terloo `off City of Waterloo Planning, Programming and Zoning Commission October 12, 2021 J Vacate Area i 914 Sumner 1 I 1 �11 '} r a f i• � Legend ® 914 Sumner AWL- ,►. Sidewalk at 914 Sumner W+N 914 Sumner E Sidewalk Vacate s Alberta Young Page 149 of 447 City of Waterloo Planning ani Zoning Department 715 Mulberry Street,Waterloo,Iowa 50703 (319)291-1366 Offer to Vacate and Purchase City Right-of-Way Request to Vacate Easement,Vacate Sidewalk, or Encroachment Agreement ® Sale of City-Owned Property Applicant: Q f Fr+ Address: _ 5 w m 1)e,r Phone No.: j L General Description of Property to Vacated(i.e.-alley between A St. &B St., South of C St.): Sl 04WJ�Z44 U ftur7C, a f 611`+ Stt.-.tt e� 1 t 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 Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 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 additional construction as the reason for the request. 9 / /9 /a oc--), / A.pp icant Date / 'Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 150 of 447 CITY OF WATERLOO Council Communication Resolution approving request of Brian Petsche for a waiver for a concrete driveway, located at 147 Trible Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right- of-way on an unimproved street. City Council Meeting: 11/1/2021 Prepared: 10/14/2021 ATTACHMENTS: Description Type ❑ DW Waiver 147 Trible Rd Cover Memo Resolution approving request of Brian Petsche for a waiver for a concrete SUBJECT: driveway, located at 147 Trible Road, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. Summary Statement: 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: CEDAR TERRACE THIRD ADDITION LOT 150 Page 151 of 447 WAIVER Date: lo -- 7— Z / Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sideway specifications for the construction of a __ CfrQ e'-t- -e-1 driveway or sidewalk located at (concrete or asphalt) 1 r TIS i..iJ � 6 V L(4 (Address)) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following, I. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter Is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a-permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7,00) for the purpose of recording this agreement. Respectfully submitted, Printed Kame of Property Owner Signature of Property Owner Page 152 of 447 CITY OF WATERLOO Council Communication Resolution approving request of Kathy Kolthoff for a waiver for a concrete driveway, located at 140 Norfolk Road, with the elimination of the sidewalk section due to inability to meet grade requirements. City Council Meeting: 11/1/2021 Prepared: 10/14/2021 ATTACHMENTS: Description Type ❑ DW Waiver 140 Norfolk Rd Cover Memo Resolution approving request of Kathy Kolthoff for a waiver for a concrete SUBJECT: driveway, located at 140 Norfolk Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway at 140 Norfolk Road. I have reviewed this request and recommend its approval subject to the following provisions: Summary Statement: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Neighborhood Impact: Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. FIRST ADD TO PROSPECT HILLS NW 60 FT LOT 21 SE 20 FT Legal Descriptions: LOT 22 Page 153 of 447 Date: c?/07/&Z, WAWER Honorable Mayor and City Council City pall Waterloo, IA 60703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at concrete sphait) 1�0 ALA] � (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e.,exposed aggregate, brick stamped pattern, paving brick). 7X_ elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways, placement of a driveway or sidewalk on City right-of-way on an unimproved street.. Other: I agree to the following: I To remove and replace this driveway to an official elevation at no additional expense to the City of waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed,to an official elevation at no additional expense to the City of waterloo at such time that curb and gutter-is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of waterloo project. 4. To employ a bonded contractor who shall obtain a-permit from the office of the City Engineer. a. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, r Printed Name of Property Owner Signatur f Property GKAer Page 154 of 447 CITY OF WATERLOO Council Communication Resolution approving request of Ronald Chihak for a waiver for a concrete driveway, located at 626 Indiana Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right- of-way on an unimproved street. City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type ❑ DW Waiver 626 Indiana St Cover Memo Resolution approving request of Ronald Chihak for a waiver for a concrete SUBJECT: driveway, located at 626 Indiana Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on citydght-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. Summary Statement: 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. LINDEN PLACE S 60 FT LOT 3 BLK 11 Legal Descriptions: Page 155 of 447 WAIVER s Kej ®ate. �J Z Honorable Mayor and City Council City Fall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the Oriveway and sidewalk specifications for the construction of a co`''w — driveway or sidewalk located at concrete r asphalt) Zze ��Ij!cy on (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade 'requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street.. Other. I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter-is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of waterloo project. 4. To employ a bonded contractor who shall obtain a-permit from the office of the City Engineer, v. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully.submitted, .... &N� '2 ( "V� . "2- Printed Larne of Property Owner iiignature of Property Owner Page 156 of 447 CITY OF WATERLOO Council Communication Resolution approving specifications, bid documents, etc., setting date of bid opening as November 12, 2021 and date of public hearing as November 15, 2021, in conjunction with the Police Department FY22 Ammunition Bids, and instruct the City Clerk to publish notice. City Council Meeting: 11/1/2021 Prepared: 10/21/2021 ATTACHMENTS: Description Type ❑ Ammo Bid Specifications Cover Memo Resolution approving specifications, bid documents, etc., setting date of bid SUBJECT: opening as November 12, 2021 and date of public hearing as November 15, 2021, in conjunction with the Police Department FY22 Ammunition Bids, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Matt McGeough, Police Captain Authorize the Police Department to seek bids, setting the date of bid opening Recommended Action: as November 11th and the date of Public Hearing of November 15, 2020 for the FY 22 Ammunition needs, and instruct the City Clerk to publish said notice. This is an annual purchase of ammunition used in firearms training for the Summary Statement: Police Department. This ammunition is needed in order to maintain proficiency and certifications in a variety of weapon systems. Ammunition costs and requirements to continue to increase each year. The Neighborhood Impact: delay from order to delivery can be up to a year. This ammunition is utilized to maintain proficiency and certification that reduces liability. Data/Analysis and Strategies: None Implementation,Accountability, General Funds and Communication: Expenditure Required/Source of Yes Funds: Alternative: None Legal Descriptions: N/A Page 157 of 447 BID PROPOSAL AMMUNITION CITY OF WATERLOO, IOWA POLICE DEPARTMENT PREAMBLE The undersigned being a corporation under the laws of the State of ; a partnership consisting of the following partners: , or an individual doing business as ,being familiar with the specifications affecting the cost of this commodity, hereby offers to furnish said commodity 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 of Waterloo, City Clerk's Office, 715 Mulberry Street, Waterloo, Iowa, 50703, no later than 1:00 P.M. on the 11th of November 2021. Any bid submitted after the specified time shall be rejected. Bids should be clearly marked FYE 2022 Ammunition Bids. SPECIFICATIONS The bidder proposes to deliver to the City of Waterloo Police Department, 715 Mulberry Street, Waterloo, Iowa, 50703, the below specified items during fiscal year FYE 2022 beginning July 1, 2021 through June 30, 2022, after notification that he/she is the successful bidder by issuance of a purchase order mailed,telegraphed or delivered to the undersigned vendor, accompanied by a copy of this proposal bearing the City Clerk's signature. Factory New Service Ammunition 1. 12,000 rounds of 9mm 147 grain,jacketed hollow point, Federal HST, (P9HST2) or similar. 2. 85,000 rounds of Federal American Eagle 9 mm, 147 grain, full metal jacket (AE9FP) or similar. 3. 2,000 rounds of Federal 12 gauge 2 3/4 inch shot shell, 00 Buckshot, 9 pellet, low recoil (LEF132-00) or similar. 4. 2,000 rounds of Federal 12 gauge 2 3/4 inch shot shell 1 ounce low recoil slug. (LEF 127-RS) or similar. 5. 8,000 rounds of Federal .223 caliber, 64 grain, Soft Point Tactical Rifle Urban.. (T223L) or similar. 6. 35,000 rounds of Federal American Eagle .223 caliber, 55 grain FMJ (AE223) or similar. 7. 1,000 rounds of Hornady gmx tap heavy barrier .308 caliber, 165 grain. 8. 2,000 rounds of Hornady anix tap .308 caliber, 168 grain, 9. 1,000 rounds of Hornady Interbound Tap Barrier 308 caliber, 165 grain. Page 158 of 447 List any deviations from the specifications included herein; Any and all warranty information or provisions shall be in writing and submitted with the bid proposal. Failure to submit warranty information may warrant rejection of bid, The bidder shall have, on a separate sheet, the terms of this warranty. By attachment, the Term of the Warranty becomes part of this bid. The seller must have $1,000,000.00 Product Liability Insurance for each occurrence of bodily injury and each occurrence of property damage. (Submit a certified copy of insurance coverage with bid.) Bidders shall provide the City of Waterloo, in writing, with any and all deviations from the attached specifications. The bidder shall specify any deviations that he/she proposes from the above specifications in the same sequence as stated in said specifications. By attachment,the listed deviations become part of this bid. Any questions regarding the specifications should be directed to Captain Matt McGeough at 319-291-4400. GENERAL REQUIREMENTS FOR SUBMISSION OF BIDS All bids must be submitted to the City Clerk's Office in a sealed envelope clearly marked as follows: "BID PROPOSAL FYE 2022 AMMUNI'T'ION" The name of the business submitting the bid must be clearly marked on the envelope. Faxed or electronic bids will not be accepted. 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. The vendor bid prices shall include all shipping costs. The City is tax exempt from federal excise and state taxes. Taxes should be excluded from the bid cost. All bid prices, upon submission by the bidder, are recognized by the City and vendor to be irrevocable for one year commencing from the deadline date for bids to be received by the City of Waterloo, Iowa. 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 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 the minimum ,specifications. The City of Waterloo, Iowa, reserves the right to reject any and all bids, or any or all parts of a bid. Upon acceptance of the bid, a purchase order mailed,telegraphed 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 legal and binding agreement. Page 159 of 447 If applicable, the bidder guarantees that title conveyed shall be good and goods shall be delivered free from security interest or other lien or encumbrances of which the City at the time of purchase had no knowledge. OPENING AND ACCEPTANCE OF BIDS Sealed bid proposals will be opened and read at 1:00 P.M. on the 11th of November 2021, at the Waterloo City Hall, 715 Mulberry Street, Waterloo, Iowa. Bids will be acted upon at a later time. CANCELLATION The successful bidder understands that the City of Waterloo shall cancel this agreement within thirty days' notice, if the City has knowledge that all conditions as stated in this bid proposal have not been fulfilled. PAYMENT PROCEDURES The City of Waterloo Police Department, 715 Mulberry Street, Waterloo,Iowa, 50703, shall mare a lump sum payment within thirty days of receipt of billing from the vendor and acceptance of commodity by the City. The bidder, having read this document, hereby acknowledges that bid proposal completely reflects the total bid as contained herein. By Title Date ATTEST: , City Clerk Date Proof of Insurance Coverage Company Name Address Telephone Policy Number *Attach Certified Copy of Insurance Coverage BID PRICES Page 160 of 447 Factory New Service Ammunition 1. 12,000 rounds of 9mm 147 grain,jacketed hollow point, Federal HST, (P9HST2) or similar. $ per 1000 rounds 2. 85,000 rounds of Federal American Eagle 9 mm, 147 grain, full metal jacket (AE9FP) or similar. $ per 1000 rounds 3. 2,000 rounds of Federal 12 gauge 2 3/4 inch shot shell, 00 Buckshot, 9 pellet, low recoil (LEF132-00) or similar. $ per 250 rounds 4. 2,000 rounds of Federal 12 gauge 2 3/4 inch shot shell 1 ounce low recoil slug. (LEF127-RS) or similar. $ per 250 rounds 5. 8,000 rounds of Federal .223 caliber, 64 grain, Soft point Tactical Rifle Urban. (T223L) or similar. $ per 500 rounds 6. 35,000 rounds of Federal American Eagle .223 caliber, 55 grain.FMJ (AE223) or similar. $ per 500 rounds 7. 1,000 rounds of Hornady gmx tap heavy barrier .308 caliber, 165 grain $ per 500 rounds 8. 2,000 rounds of Hornady, amx tap .308 caliber, 168 grain $ per 500 rounds 9. 1,000 rounds of Hornady Interbound Tap Barrier .308 Calber, 165 grain $ per 500 rounds Page 161 of 447 CITY OF WATERLOO Council Communication Motion approving Change Order No. 22 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of$5,803, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 11/1/2021 Prepared: 10/11/2021 ATTACHMENTS: Description Type ❑ Change Order#22 - 5 Bros Addition-Lobby Reno Backup Material Motion approving Change Order No. 22 with Cardinal Construction, Inc., SUBJECT: of Waterloo, Iowa, for a net increase of$5,803, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Summary Statement: COR (PR 18): Cost for running new conduit for a future video board above the entry. Page 162 of 447 StinAlDocument G701 ' — 2017 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Five Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:022 Addition and Renovation,Waterloo,IA. Project No:20-23943 Date:September 08,2020 Date:October 8,2021 OWNER:(Name and address) ARCHITECT:(Nance and address) CONTRACTOR:(Nance and address) City of Waterloo I&S Group,Inc.(ISG) Cardinal Construction,Inc. 715 Mulberry Street 314 East 4th Street 1246 Martin Road Waterloo,1A S0703 Waterloo, IA 50703 Waterloo,fA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of'the change and, if'applleahle,attach or reference specific exhibits.Also include agreed upon adjustments attributable to ereetited Conrtrurtion Change Directives) A. CDR(PR 18): Cost for running new conduit for a future video board above the entry............................Add$5,803.00 TOTAL AMOUNT OF THIS CHANGE ORDER,ADD TO CONTRACT SUM$5,803.00, The original Contract Sulu was $ 5,516,300.00 The net change by previously authorized Change Orders $ 408,951.30 The Contract Sum prior to this Change Order was $ 5,925,251.30 The Contract Sum will be increased by this Change Order in the amount of $ 5,803.00 The new Contract Sum including this Change Order will be $ 5,931,054.30 The Contract Time will be unchanged by Zero(0)days. The new elate of Substantial Completion will be August 22,2021.(added 4 days per Cardinal's request) NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and tune have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc.(ISG) C rdinal Construction,Inc. City of Waterloo ARCHITECT(Firer nante) CACTOR(Finn name) OWNER(Firm name) SIGNATURE SUNATURE SIGNATURE Nathan Compton,Architect Katy Suson ,President Quentin Hart,Ma or PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE October 8,2021 October 11,2021 DATE DATE DATE AIA Document 6701"--2017,Copyright©1979,1987,2000,2001 and 2017 by The American institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may riot be used without permission.This document was produced by AIA software at 09:54:27 ET on 10/11/2021 under Order No.9281462824 which expires on 0711212022.is not for resate,is licensed for one-lime use only,and may only be used in accordance with the AIA Contract Documenlse Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: {3139ADA41)) Page 163 of 447 CITY OF WATERLOO Council Communication Motion approving Change Order No. 4 with WRH ofAmana, Iowa, for a net decrease of$1,748.59, in conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Modifications Project, Contract No. 1021, and authorizing the Mayor to execute said document. City Council Meeting: 11/1/2021 Prepared: 10/22/2021 ATTACHMENTS: Description Type ❑ Change Order No 4 Backup Material Motion approving Change Order No. 4 with WRH of Amana. Iowa, for a SUBJECT• net decrease of$1,748.59, in conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Modifications Project, Contract No. 1021, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Brian Bowman Treatment Operations Supervisor Recommended Action: Approve Change Order NO. 4 for WRH Page 164 of 447 p 1 o;! 1 $m1 STRANDASSOC[ATE ® Strand Associates, Inc 910 West W ingra Drive °r Madison,WI 53715 EXCELLENCE IN ENGINEERING (P)668.251.4843 October 14,2021 CHANGE ORDER NO. 4 PROJECT: FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications OWNER: City of Waterloo,Iowa CONTRACT: 1021 CONTRACTOR: WRH,Inc. Description of Change 4a Adjust Allowance for Draft Tube Mixer Rehabilitation— (DEDUCT) ($360.00) Bearing Replacement from$78,958 to $78,598 in accordance with CAR No. 6 dated November 18,2020. 4b Reimbursement for damage to Insulating PRV/Flame (DEDUCT) ($1,388.59) Arrestor Jacket which occurred during construction in accordance with CAR No. 10 dated September 20,2021,and revised based on the final invoice for replacement dated October 13,2021. Contractor is responsible for 50 percent of the cost. TOTAL VALUE OF THIS CHANGE ORDER: (DEDUCT) ($1,748.59) Contract Price Adjustment Original Contract Price $867,500.00 Previous Change Order Adjustments $45,376.50 Adjustment in Contract Price this Change Order ($1,748.59) Current Contract Price including this Change Order $911,127.91 Contract Substantial Completion Date Adjustment Original Contract Substantial Completion Date October 14,2020 Contract Substantial Completion Date Adjustments due to previous Change Orders 78 Days Contract Substantial Completion Date Adjustments due to this Change Order 274 Days Current Substantial Contract Completion Dates including all Change Orders October 1,2021 Contract Final Completion Date Adjustment Original Contract Final Completion Date November 13,2020 Contract Final Completion Date Adjustments due to previous Change Orders 199 Days Contract Final Completion Date Adjustments due to this Change Order 154 Days Current Final Contract Completion Dates including all Change Orders November 1,2021 SKH:tll\S:\MAD\4400--4499\4463\008\Construction\Change Orders\CO 4\CO 4.docx Arizona j Illinois I Indiana I Kentucky I Ohio I Texas I Wisconsin www.strand.com Page 165 of 447 Shand Associates, Inc." City of Waterloo—WRH, Inc. Contract 1021, Change Order No.4 Page 2 October 14, 2021 This document shall become a supplement to the Contract and all provisions will apply hereto. RECOM ENDED ✓� 10/14/2021 ENGINEER—Strand Associ tes,Inc.® Date APPROVED CONTRACTOR—WRH, Inc. Date APPROVED OWNER—City of Waterloo,Iowa Date SKH:tll\S:\MAD\4400-4499\4463\008\Construction\Change Orders\CO 4\CO 4.docx www.strand.com Page 166 of 447 NYW Change Authorization Request (CAR) Project: City of Waterloo FY 2020 Wastewater Treatment Plant Digester No.3 Cover Modifications CAR No. 10 Insulating Jacket Replacement. DATE September 20,2021 WRH Job No. 1350 Reference: Contract No. 1021 RFQ# Replace Damaged Insulating Jacket Location Digester No.3 Interior Wall A Change in the scope of work is indicated below and Owner's prompt approval or rejection of this authorization is requested so that the material may be purchased and to prevent any delay in field operations. Reason for Change: ( ) Design Request ( X ) Field Condition ( ) Owner Request ( ) Suggested by Contractor ( X ) Other Damaged insulating jacked 1) Description of Change: (Refer to drawings,specification,addenda,bulletin if applicable) Replacement of the Insulating Jacket Cost to replace the Insulating Jacket ($1,413.20) 2) It is requested that the completion date be;(X)extended / ( )reduced by 0 calendar days 3) Bases of Payment: a) ( x ) Firm price for performing this change along with attached supporting details is( )increased / (X)decreased by -$1,413.20 b) ( ) Time and Material per Contract. $0.00 c) ( ) Change to be performed per unit prices in Contract $0.00 d) ( ) The time required to prepare and agree upon a detailed estimate prior to proceeding with the change would unduly delay job progress. The following is an approximate estimate to assist Owner in determining whether or not change should be made. If notified to proceed, a detailed estimate in the form agreed upon,with supporting details,will be submitted after receipt of said notice. Approximate Estimate is: $0.00 FOR OWNER'S ( ) CHANGE WILL NOT BE MADE PROCEED ON THE FOLLOWING BASIS: ( ) Firm Price ( ) Time and Material ( ) Estimate of Price ( ) Change in Completion Date ( ) Unit Price in Contract ( ) No Change Comments: Submitted by: t4,X"V"6". Approved by Project Manager Owner WRH, Inc. Date: 9/20/2021 Date: Page 167 of 447 At Engineered Equipment Solutions, Inc Invoice 203 E Main St State Center, IA 50247 Date Invoice# 10/13/2021 19-1214 Bill To Ship To City of Waterloo WMS 3505 Easton Ave. Waterloo,IA 50702 P.O. Number Terms Due Date Rep Ship Via Project WP22068 Net 15 10/28/2021 J.S. 10/8/2021 Best Way Quantity Item Code Description Price Each Amount 1 Insulating Jacket V1305.1185.144 2,726.40 2,726.40 Insulating Jacket for a 581013/581113 Relief Valve& Flame Arrestor Assembly 6" 1 Freight-I shipping 50.77 50.77 �atir f xrtnarTmpn Be9ivl.vrinj taZv>i. .. Total $2,777.17 Payments $0.00 203 E.Main St., P.O. Box 541 •State Center,IA 50247• Pa Y Ph. 641.483.2904 •FAX 888.421.2856 www.e-equipmentsolutions.com Balance Due $2'777.17 Page 168 of 447 CITY OF WATERLOO Council Communication Motion approving Change Order No. 9 with Cardinal Construction, of Waterloo, Iowa, for a net decrease of $518.41, in conjunction with the Five Sullivan Brothers Convention Center Penthouse Chiller Project, and authorizing the Mayor to execute said document. City Council Meeting: 11/1/2021 Prepared: 10/19/2021 ATTACHMENTS: Description Type ❑ Change Order#9 - 5 Bros Penthouse Chiller Backup Material Motion approving Change Order No. 9 with Cardinal Construction, of SUBJECT: Waterloo. Iowa, for a net decrease of$518.41, in conjunction with the Five Sullivan Brothers Convention Center Penthouse Chiller Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director Recommended Action: Approval Summary Statement: Credit to Owner for remaining balance of unused Roof Asbestos Abatement Allowance-deduct$518.41. Page 169 of 447 e - -AIA Document G701 ' — 2017 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: 5 Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:009 Penthouse Chiller for the City of Project No. 19-23141 Waterloo,LA. Date:March 27,2020 Date:October 14,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Nacre and address) City of Waterloo I&S Group,Inc.(ISG) Cardinal Construction,Inc. 715 Mulberry Street 314 East 4th Street 1246 Martin Road Waterloo,IA 50703 Waterloo,IA 50703 Waterloo,IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if'applicahle,attach or reference.specic e_xhihits.Also include agreed upon adjustmeyru attributable to executed Constrtietion Change Directives) A. Cost for As-Built drawings..................................................................................................Add $3,000.00 REDUCE SPECIFIED AS-BUILT ALLOWANCE FROM$3,000.00 TO ZERO. CONTRACT SUM REMAINS UNCHANGED FOR THIS PORTION OF THE CHANGE ORDER. B. COR 10: Cost for adding the hydropic testing and balancing for AMU 1,2 and 5................Add $1,094.51 REDUCE SPECIFIED ROOF ASBESTOS ABATEMENT ALLOWANCE FROM$1,612.92 TO$518.41 CONTRACT SUM REMAINS UNCHANGED FOR THIS PORTION OF THE CHANGE ORDER. **4eiF��:*Ai:'.skk*oY�*��*�W��y��*x�i:��i:*��:k���9Fk9[�*k kJF**xY**�R�x��Y is�FF�k9F�yl•ie k�9F i;:l•k$>tik:4**k*:Fie*�:F����ir y C. Credit to Owner for remaining balance of unused Roof Asbestos Abatement Allowance.......Deduct ($518.41) REDUCE REMAINING BALANCE OF ROOF ASBESTOS ALLOWANCE FROM$518.41 TO ZERO. CONTRACT SUM REDUCED DOWN BY($518.41). The original Contract Sum was $ 1,1 14,000.00 The net change by previously authorized Change Orders $ 26,865.08 The Contract Surn prior to this Change Order was $ 1,140,865.08 The Contract Sum will be decreased by this Change Order in the amount of $ 518.41 The new Contract Sum including this Change Order will be $ 1,140,346.67 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be August 7,2020, NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. AIA Document G701'—2017.Copyright 01979,1967,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Archllects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not hn used wilhoul permission.This document was produced by AIA software at 16:43:19 V on 10/14/2021 under Order No.9281462824 which expires on 0711212022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail copyright@ala.arg. User Notes: (3139ADA4D) Page 170 of 447 NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc.(ISG) Cardinal Construction,Inc. City of Waterloo ARCH T ACTOR(Finn name) OWNER(Firm narne) SIGNATURES ATURE SIGNATURE Nathan Compton,Architect/Project Katy Susong,President Quentin Bart,Mayor Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE October 14,2021 10/18/21 DATE DATE DATE AIA Document 0701'"—2017,Copyright b 1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document 2 was produced by AIA software at 16:43:19 ET on 10/14/2021 under Order No.9281482824 which expires on 07/12/2022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (3139ADMD) Page 171 of 447 CITY OF WATERLOO Council Communication Motion approving an exception to burning yard waste application by George Wyth State Park, to burn locations within the park located generally at 3659 Wyth Road, November 2021 to February 2022, weather permitting. City Council Meeting: 11/1/2021 Prepared: Motion approving an exception to burning yard waste application by George SUBJECT: Wyth State Park, to burn locations within the park locatedeg nerally at 3659 Wyth Road, November 2021 to February 2022, weather permitting. Submitted by: Submitted By:Kelley Felchle, City Clerk Page 172 of 447 CITY OF WATERLOO Council Communication Recommendation of appointment of Logan Bemus to the position of Park Maintenance II, Crew Leader, effective November 2, 2021, subject to physical examination and drug screen. City Council Meeting: 11/1/2021 Prepared: 10/12/2021 ATTACHMENTS: Description Type ❑ Civil Service List PMII Crew Leader Cover Memo ❑ PersRegPMIICrewLeader Cover Memo ❑ questionairePMIICrewLeader Cover Memo ❑ JobDescription PMII Crew Leader Cover Memo ❑ JuonApproval Cover Memo Recommendation of appointment of Logan Bemus to the position of Park SUBJECT: Maintenance II, Crew Leader, effective November 2. 2021, subject to physical examination and drug screen. Submitted by: Submitted By: Paul Huting, Leisure Services Director Recommended Action: Recommend approval of appointment. The Civil Service List for Park Maintenance II, Crew Leader was certified Summary Statement: on September 24, 2021. This is to fill a position that has been vacant since March 2, 2021 due to a transfer. Neighborhood Impact: Filling this position will ensure that ballfields and sports turf are well- maintained for community programming. Data/Analysis and Strategies: This position is key to maintaining high quality sports fields which provide tournament rental income and positive economic impact from sports events. Expenditure Required/Source of Annual Salary: $59,675 Funds: Benefits $28,173 (assuming family coverage) Page 173 of 447 CITY OF WATERLOO , IOWA HUMAN RESOURCES DEPARTMENT 715 Mulbefry 5t, 4 Waterloo, !A 50703 o Phone 319)291-4303 Fax(318 291-4569 ne. a• September 24,2021 TO: Honorable Mayor& City Council We,the members of the Civil Service Commission, certify the following list of applicants,who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Park Maintenance II Crew Leader for the City of Waterloo, Iowa Leisure Services Department. Appointment(s) shall be made from this list for the next year (September 24, 2021 —September 23, 2022). CERTIFIED MST Logan Bemus Bradley Cooper Jacob Button E i {E[E {tt i Respectfillly submitted, v9 Barry skins Date Lovie Caldwell Dat Ethe ashington Date CS LIST PARI{MAIN"['ENANCE II CREW LEADER 21 WE'RF,WOMNG.FOR You! Page 174 of 447 An Equal Opportunity/Affirmative Action Empfoye€ PERSONNEL REQUISITION FORM RECEIVED JUN 3 0 1011 Check as applicable: o start recruiting or civil service process and/or t To fill a vacancy ilei, S 6r r n Active Civil Service List Expires: wtDrS Nek A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Park Maintenance II Crew Treader ;Department: Leisure Services Reports To: Park Superintendent/City Forester Work Location. Byrnes Park Employment Status. ].Regular Full Time Q Temporary Full Time from to D Regular Part Time El Temporary Part Time from to E]Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources- Civil Service Position: E Yes ❑No [3 Internal Posting Only Bargaining Position: ®Yes F1No ®Internal Posting and External Advertising Bargaining Group: 177 Non-bargaining Position: [l Yes []`No Complete the following if the requisition is to fill a vacancy: (� New Position or ® Replacement Position for:Walde higatnells,Park.Maintenance 11 Golf 4 (Specify napc ttitd title:of former incumbent) 8 If replacement, former incumbent: ❑ Retired/Resigned/Tenninated Transferred 3/2/21 n Promoted Date incumbent terminated employment: Date of final payout: Anticipated start date: 11/I/21 No.of hours/week; 40 Work schedule:Mon-Fri(7am-130pm) Justification.of need for position: This position is required to maintain turf and landscaping areas in sports fields,. parks,rights-of-ways,and other city properties. This position is also critical in snow removal operations,equipment maintenance,emergency flood preparations,and supervising temporary seasonal employees. t What are the likely consequences if the position is not filled? I..onger mowing cycles resulting in violation of city code,less revenue as sports fields are not kept at their best, longer time spans to clear snow from lots and sidewalks in public areas,lack of efficient seasonal work force due to no supervision at work site. APPROVALS Annual salary requirements; $59,675 Hourly Rate: $2869. Benefits: 28,173 (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;;condit ons: u mitting Departmen He Date Mayor Date Chie Financial Officer Date Humin Resources Dfrector Date Human Resources Committee Chairperson Date Created 6/30/2017 Page 175 of 447 PERSONNEL REQUISITION Park Maintenance II—Crew Leader The following questions are provided as guidelines to assist you in developing your rational for the position of Park Maintenance I1—Crew Leader 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? This position is required to maintain turf and landscape areas mainly in sports fields, but also in parks, rights-of-way, and other public properties. It is also critical in snow removal operations, recreational trail sweeping, equipment maintenance, supervising temporary seasonal employees, and emergency flood preparation assistance. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No; Other employees within the department are already overloaded with required duties. (3) How is the work of this position being accomplished now? We are flexing staff in a number of positions to try and get the work done but this is not going well. Important chemical and fertilizer applications are getting missed, mowing and other work is not getting completed at the ball diamonds. Overtime is being incurred that would not otherwise be necessary. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? Filling this position on a long-term basis maximizes our ability to complete the work needed in City of Waterloo turf and landscape areas in parks, rights-of-way, and public properties. It is also critical in snow removal operations, sports field maintenance, equipment maintenance, and supervising temporary seasonal employees. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? There will be savings in nontraditional forms. Insurance premiums would be saved as sidewalks would be cleared of snow in a timely manner. Turf& grounds in parks, rights- of-way, and many city properties would be efficiently maintained resulting in a more aesthetically pleasing environment that is inviting to people spending money in Waterloo. Also, revenue will be effected positively. The condition of the sports fields maintained by this position helps to generate funds through registration fees from teams, concession sales, and bringing in many out of town people to spend money in Waterloo for a weekend. Page 176 of 447 (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? Limited OT and Comp time has been granted in the Parks Budget to get duties done during the growing season before holidays and tournaments. OT and Comp time has also been used from the Golf budget. The previous employee holding this position who transferred to Gates Golf Course should be working weekends with an adjusted schedule. Instead we need him to mow at golf course and sports fields 5 days a week Monday thru Friday and OT on weekends at golf course. (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. Over the last 3 years the workload has increased with the staffing level staying the same. For example, bike trails (Shaulis) have been added requiring increased maintenance needs, levee maintenance has increased due to Corps of Engineers becoming stricter in requirements, 63 North improvements &property acquisitions have increased the City's amount of turf maintenance, and other odd maintenance increases in areas like the drainage ditch just north of 2672 Logan Ave. (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 specific as possible. The City of Waterloo's Leisure Services dept., the Mayor's Office, and Council members will have increased complaints of work not getting done in a timely manner. There will be delays in turf maintenance cycle in public areas resulting in grass becoming longer and violating vegetation code. Sidewalks adjacent to public properties will not be cleared of snow on a timely basis resulting in complaints and possible lawsuits. There will be some seasonal personnel that will not be closely supervised resulting in inefficient operations and probable complaints. Revenues may decrease as sports fields are not kept as well as users expect, which may reduce the number of teams entering various events. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The backlog of work increases. (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. We do outsource some of the duties of this position now—some mowing. Leisure Services does need a skeleton crew to take care of many of the departmental responsibilities—Mowing of Parks, sports fields & other city properties, chemical treatment of weeds, removal of snow from park sidewalks and parking lots, sweeping of recreational trails, etc...This position is part of that skeleton crew and critical to Leisure Services. There would not be any monetary savings to outsourcing when all duties are considered. Page 177 of 447 (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 ranks high. It is important that the City of Waterloo is an aesthetically pleasing and safe place to visit and live. This turf and overall landscape maintenance position assures that Waterloo's parks, sports fields, and public areas are safe, inviting, and places that people want to be and come back to. It is a critical position to our operation. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? The quality of life in Waterloo would be impacted if this position is not filled as Waterloo would have unsafe &uninviting parks, sports fields, city owned rights-of-way, and public areas. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 178 of 447 Submit resume by going to www.cityofwaterlooiowa.com clicking on Career Opportunities,reviewing the Park Maintenance II-Crew Leader 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 Friday,September 3,2021 CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION PARK MAINTENANCE II-CREW LEADER DEPARTMENT LEISURE SERVICES SALARY $27.69 with$1.00 increase after 6 month probation; FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES LOCAL#177 GENERAL STATEMENT OF DUTIES Performs duties relating to care and maintenance of turf and landscape areas in parks,rights-of-way and public places. The work is performed under the general direction of the Park Superintendent and Assistant Park Superintendent,but will often work independently and with minimum supervision. Supervises seasonal and regular employees. EXAMPLES OF ESSENTIAL FUNCTIONS 7. Performs turf maintenance on uneven ground and (Mustrative Only) while public is present. These functions are considered essential for successful performance in this job classification. 8. Shovels and plows snow. 1. Responsible for daily maintenance operation and 9. Participates in department preventive productivity of turf maintenance employees maintenance program for vehicles and including receiving and transmitting equipment. assignments, organizing projects, ensuring job completion and making required reports. 10. Directs the work activities of seasonal and regular employees as assigned. 2. Operates and maintains specialized turf equipment; may operate large and small trucks 11. Responds to questions from the public concerning and other automotive equipment. mowing operations and application of turf chemicals or directs inquiry to appropriate 3. Applies pesticides, insecticides and other manager. chemicals in the care of landscape turf and vegetation. 12. Works outdoors in all weather conditions; work environment is dirty;works near moving vehicles 4. Diagnoses and treats turf insect and disease and equipment;operates equipment and tools that problems. cause vibration; exposed to pesticides, insecticides and other turf maintenance 5. Adjusts and repairs equipment, operates push chemicals; noise level is often loud; atmosphere mowers, string trimmers and blower/vacs. may contain dust and fumes from traffic. 6. Rakes turf, sweeps walks, picks up litter and 13. Prepares written records and reports. trash. 14. Works independently and with others with minimum supervision. Page 179 of 447 15. Attends work regularly at the designated place management and minimum two years supervisory and time. experience OR 16. Workload varies and may be repetitive. High school graduation/G.E.D.with minimum six years experience in turf and landscape 17. Performs all work duties and activities in management and minimum four years supervisory accordance with City policies, procedures, and experience OSHA,City and Leisure Services safety rules and OR regulations. Any equivalent combination of education and experience that provides the knowledge,skills and 18. Performs all other duties as assigned. abilities necessary to perform the essential functions of the position. REQUIRED KNOWLEDGE&ABILITIES 1. Knowledge of and ability to diagnose and treat turf 2. Current driver's license and good driving record insect and disease problems. based on City of Waterloo driver performance criteria. Must obtain Iowa Class A Commercial 2. Thorough knowledge of the techniques and Driver's License within 120 calendar days of hire principles of turf and landscape management and date. A candidate with any of the following will maintenance. not be considered for employment: loss of license for any reason during the period of candidacy for 3. Knowledge of occupational hazards and safety employment, if the candidate remains without a procedures of turf and landscape maintenance valid,current license for the position when the City work. issues an offer of employment;loss of license,plea of guilty, plea of no contest or its equivalent or 4. Knowledge of and ability to safely operate turf conviction for OWI, reckless driving or other maintenance equipment such as riding mower, major moving violation within the previous five tractor, loader, chemical sprayer and other years;four or more citations for moving violations specialized turf equipment for several hours at a within the previous three-year period, excluding time. speeding violations of 10 mph or less over the posted speed limit; three or more citations for 5. Ability to instruct,train and supervise regular and moving violations within the previous one-year temporary seasonal employees. period. After appointment to the position, disciplinary action or continuing employment 6. Ability to express ideas orally and in writing. status may be reviewed for the following: four or more moving violations within the previous three 7. Ability to understand chemical hazard labels and years,three or more moving violations within the keep chemical application records. previous one year or loss of license or conviction for OWI, reckless driving or other major moving 8. Ability to exercise independent judgment in violation within the previous five years; two or completion of assigned projects. more at-fault accidents within a three-year period while driving on City business; a combination of 9. Ability to respond to questions and comments three or more at-fault accidents within a three-year from the public tactfully and politely. period. An applicant's driving record will be reviewed prior to an offer of employment and at 10. Ability to communicate effectively and maintain least annually after hire. working relationships with coworkers, supervisors,elected officials and the public. 3. Obtain an Iowa Pesticide Applicator's License by the end of six month probationary period; failure 11. Ability to work with people from a broad variety to obtain and maintain this license will result in of social, economic,racial,ethnic and educational disciplinary action up to and including backgrounds. termination. ACCEPTABLE EXPERIENCE&TRAINING 1. Graduation from a two-year horticulture program with minimum three years experience in turf Page 180 of 447 ESSENTIAL PHYSICAL ABILITIES 5. The City of Waterloo will conduct a background The following physical abilities are required with or investigation including education, employment without reasonable accommodations. and criminal history checks on any applicant being considered for this position. 1. Sufficient strength and flexibility to perform assigned tasks. WORK SCHEDULE Will generally work Monday-Friday 7:00 a.m.-3:30 p.m. 2. Sufficient speech and hearing that permits the with a half-hour unpaid lunch. Will be required to report employee to communicate effectively with during emergency situations or work overtime during/after coworkers in person or over a radio and to safely severe weather or to assist Street Department with snow operate equipment along busy streets,understand removal,but,generally,minimal overtime. verbal instructions,respond to questions from the public,diagnose equipment malfunctions and hear EXAMINATION INFORMATION approaching traffic. All qualified applicants who apply by the deadline date will be required to appear before an interview panel consisting 3. Sufficient depth perception, distance and of a minimum of three people who have expertise in the peripheral vision to safely operate vehicles and areas being tested. An individual must receive a minimum equipment in all weather conditions; sufficient average score of sixty points out of one hundred to achieve color vision to observe and diagnose turf diseases. a passing score on the interview. The top applicants, as ranked by their score on the interview, will be the 4. Sufficient dexterity to safely operate powered and individuals placed on the certified list. Applicants who manual tools and equipment. qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full 5. Sufficient personal mobility that permits the year of employment up to a maximum of five points added employee to safely operate a variety of motorized to their final score. Honorably discharged men and women and manual park turf maintenance equipment in all from the military or naval forces of the United States who types of weather. qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall MISCELLANEOUS have five additional points added to their final score upon 1. Must wear personal protective equipment such as submission of their DD214 or ten points added if they were safety shoes, safety glasses, hearing protection, awarded a Purple Heart or have a service connected gloves, safety vest, protective clothing and disability. Employment is contingent on passing a respirator. background investigation. 2. Must submit to Department of Transportation INTERVIEW DATE requirements including pre-employment, post- Qualified candidates who apply by the deadline date will accident,reasonable suspicion,random and return- be notified of the time,place and date of their interview. to-duty/follow-up alcohol and drug testing. 3. Must submit to and pass Civil Service examination procedures including a panel interview; may be required to show skill on motorized turf maintenance equipment. A.A./E.E.O. Minority,female&disabled individuals are 4. Following a conditional offer of employment, the encouraged to apply. City of Waterloo requires a physical examination including a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical exam and drug test will PARK MAINTENANCE II CREW LEADER DESCRIPTION 21 result in withdrawal of the employment offer. August 2021 Page 181 of 447 -----Original Message----- From: NANCY CULPEPPER<NANCY.CULPEPPER@WATERLOO-IA.ORG> Sent: Monday, August 2, 20219:30 AM To:TODD DERIFIELD<TODD.DERIFIELD@WATERLOO-IA.ORG> Subject: FW: Approved Req from July meeting Sharon's approval. -----Original Message----- From: Sharon Juon <Sharon.Juon@WATERLOO-IA.ORG> Sent: Sunday,August 1, 20211:30 PM To: NANCY CULPEPPER<NANCY.CULPEPPER@WATERLOO-IA.ORG> Subject: RE:Approved Req from July meeting I approve all Requisitions from our last meeting. Sharon Page 182 of 447 CITY OF WATERLOO Council Communication Recommendation of appointment of John Dornoff to the position of Planner II in the Planning and Zoning Department effective November 2, 2021. City Council Meeting: 11/1/2021 Prepared: 10/27/2021 ATTACHMENTS: Description Type ❑ Planner I1 Job Description Backup Material ❑ Planner I1 Personnel Requisition Backup Material SUBJECT: Recommendation of appointment of John Dornoff to the position of Planner II in the Planning and Zoning Department effective November 2; 2021. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: The Personnel Requisition Committee approved filling these vacancies at their 8/23/21 meeting. Neighborhood Impact: Data/Analysis and Strategies: Implementation,Accountability, and Communication: Expenditure Required/Source of General Fund & TIF Funds: Page 183 of 447 HOW TO APPLY All qualified candidates 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 City Planner and Administrative Secretary in Planning & Zoning. Hand-delivered resumes or resumes sent by email directly to Human Resources will no longer be accepted. Deadline is 5:00 p.m. Tuesday, October 5,2021. CITY OF WATERLOO,IOWA CIVIL SERVICE NOTICE PROMOTIONAL EXAMINATION PLANNER II DEPARTMENT COMMUNITY PLANNING& DEVELOPMENT PLANNING& ZONING SALARY $67,012.48- $71,017.48 annualized FLSA EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT AFSCME,Local#1195 GENERAL STATEMENT OF DUTIES Assists in overseeing the administrative and technical aspects of City and Black Hawk County planning and zoning, neighborhood revitalization, economic development, physical development of the City and capital improvements programming. The work is performed under the supervision of the City Planner but considerable leeway is granted for the exercise of independent judgment and initiative. Assists in coordinating and monitoring daily work and special projects assigned to Associate Planners and interns. EXAMPLES OF ESSENTIAL FUNCTIONS 5. Responsible for various Boards and (Illustrative Only) Commissions including agendas and packets, These functions are considered essential for attending all related meetings, advising successful performance in this job classification. Boards and Commissions and responding to citizen questions. In addition to daily operational responsibilities, each Planner II will be assigned specific responsibilities 6. Coordinates and monitors issues and within the following: responds to inquiries involving salvage yards. 1. Assembles data and prepares final draft for 7. Monitors activities subject to Subdivision the Planning Commission's annual report and Ordinance and responds to related questions Capital Improvements Program. from developers and citizens. 2. Administers the Capital Improvements 8. Coordinates and administers all aspects of the Program. Brownfields grant program, redevelopment, acquisitions and quarterly reports. 3. Administers the Flood Plain Management Program. 9. Monitors and coordinates Chamberlain and Construction Machinery property cleanup and 4. Administers all aspects of the Black Hawk revitalization or other similar projects as County zoning program and attends all assigned. appropriate meetings. Page 184 of 447 10. Coordinates needed acquisitions and sale of on personal computer using the applicable City-owned properties. software. 11. Coordinates, reviews and assists with economic development activities and projects, 8. Works independently and with others with including RISE or other grants, residential, minimum supervision. commercial and industrial programs for City (TIF, CURA, CLURA, WHIP, Infill etc.), 9. Attends work regularly at the designated place State (WHP, HQJC, etc.), Federal (New and time. Market, Opportunity Zone) and other economic development programs. 10. Performs all work duties and activities in accordance with City,Community Planning& 12. Coordinates and monitors 657A Development and OSHA policies,procedures, subcommittee activities (dilapidated rules,regulations and safety practices. housing/nuisance abatement process). 11. Performs all other related duties as assigned. 13. Coordinates a business contact and visitation program and business marketing program. REOUIRED KNOWLEDGE &ABILITIES 1. Comprehensive knowledge of the 14. Responsible for acquisition and sale of City administrative and technical aspects of urban property as needed for City projects. planning and zoning issues. 15. Represents the City of Waterloo as liaison 2. Comprehensive knowledge of principles and with other partnering entities, such as Main practices of planning including basic Street Boards and Councils, GCVA, WIDA, techniques of statistics, economics and WDC, MPO, etc. sociology. Additional Job Assignments 3. Comprehensive knowledge of City of 1. Administers municipal subdivision and Waterloo and Black Hawk County planning, zoning ordinance and land use plan. zoning and related ordinances, rules and regulations. 2. Reviews subdivision plans, conducts field surveys for land use planning and develops 4. Comprehensive knowledge of Federal and planning and zoning studies. State laws and regulations related to application for and use of Federal planning 3. Researches planning and zoning issues and grants. prepares agendas, maps, charts, designs and reports for review by the City Planner and 5. Ability to present technical information to the Planning Commission. public in a clear, concise and easily understandable manner. 4. Responds orally and in writing to questions from the public concerning planning and 6. Ability to read and prepare working drawings zoning issues. and sketches by hand and computer. 5. Develops and delivers presentations 7. Ability to communicate effectively and concerning proposed planning projects, maintain working relationships with other attends meetings,conferences and workshops. City employees and supervisory personnel, elected officials, members of the Planning 6. Plans, organizes, directs and reviews work Commission,the Board of Adjustment and the activities of other professional and technical public. personnel. 8. Ability to prepare accurate and reliable reports 7. Compiles statistics, performs data entry and containing findings, conclusions and completes forms,work drawings and sketches recommendations on long-range planning issues. Page 185 of 447 or more moving violations within the previous 9. Ability to coordinate, plan and review the three years, three or more moving violations work of professional and technical personnel. within the previous one year or loss of license or conviction for OWI, reckless driving or 10. Ability to operate a personal computer using other major moving violation within the program applications appropriate to assigned previous five years; two or more at-fault duties and responsibilities. accidents within a three-year period while driving on City business;three or more at-fault 11. Ability to prepare annual work programs and accidents within a three-year period. An budgets. employee's driving record will be reviewed at least annually. 12. Ability to work with people from a broad variety of social, economic, racial, ethnic and ESSENTIAL PHYSICAL ABILITIES educational backgrounds. The following physical abilities are required with or without accommodation. ACCEPTABLE EXPERIENCE & TRAINING 1. Graduate of an accredited college or 1. Sufficient clarity of speech and hearing that university with a Bachelor's Degree in urban permits the employee to communicate Planning, Geography, or related field with a effectively in person and by telephone. minimum of three years of experience in urban or regional planning 2. Sufficient vision and manual dexterity that OR permits the employee to operate office Any equivalent combination of experience or equipment, personal computer, cartographic training which provides the knowledge, skills and drafting instruments and other planning and abilities necessary to perform the essential equipment. functions of the position. 3. Sufficient personal mobility that permits the 2. If operating a City vehicle must have an Iowa employee to visit other work and development Driver's License and good driving record sites,inside and outdoors,attend meetings and based on the City of Waterloo driver meet with the public at a variety of locations. performance criteria. An employee with any of the following will be eliminated from MISCELLANEOUS operating a City vehicle Valid Class A or B 1. If driving a City vehicle, must have a current Commercial Driver's License and good Iowa Driver's License and good driving record driving record based on City of Waterloo based on the City of Waterloo driver driver performance criteria. A candidate with performance criteria. any of the following will not be considered for employment: loss of license for any reason 2. Required to submit to Civil Service during the period of candidacy for examination procedures including a panel employment, if the candidate remains without interview. a valid, current license for the position when the City issues an offer of employment;loss of WORK SCHEDULE license,plea of guilty,plea of no contest or its Generally 8:00 a.m. to 5:00 p.m. Monday through equivalent or conviction for OWI, reckless Friday with one hour unpaid lunch. Must also be driving or other major moving violation available outside these hours for department or City within the previous five years; four or more activities or meetings that require the attendance of the citations for moving violations within the Planner II. previous three-year period, excluding speeding violations of ten mph or less over the posted speed limit; three or more citations for moving violations within the previous one- year period.After appointment to the position, disciplinary action or continuing employment PLANNER II PROMO DESCRIPTION 21 September 2021 status may be reviewed for the following: four Page 186 of 447 v� PERSONNEL REQUISITION FORM 'RECEIVED AUG 0 51011' Check as applicable: ❑ To start recruiting or civil service process and/or ® To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. x:��xx**xxxx�x�x�x�*xx*x*xx*x*xx***x��*�***:�**xxxxxx*xxxxxx******xxx:��xxxxxxxxxx:�xx�x�*x*x*x**x*xx� Position Title: Planner H Department: Planning and Zoning Reports To: Community Planning&Dev Dir&City Planner Work Location: City Hall 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: AFSCME Non-bargaining Position: ❑Yes ®No Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: Chris Western, Planner lI/Brownfield Coordinator (Specify name and title of former incumbent) If replacement, former incumbent: p ® Retired/Resigned/Terminated ❑ Transferred F-1 Promoted Date incumbent terminated employment: 7/14/2021 Date of final payout: 8/13/2021 Anticipated start date: No. of hours/week: 40 Work schedule: 8 a.m.—5:00 p.m.with one hour unpaid lunch Justification of need for position: This position is essential for the continued operation and workload of the Community Planning&Development Department What are the likely consequences if the position is not filled? If not filled, existing staffwill be overloaded with monthly and weekly agenda items, to the detriment ofproactive economic development, land use property management initiatives. APPROVALS Annual salary requirements: $67,012.48- $71,017.48 Hourly Rate: Benefits: (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 ing conditions: F,6K.L1 Submitting Department Head Date Mayor Date F 73 2l �olo� Chief Financial Officer Date Human Resources Director Date Human Resources Committee Chairperson Date Created 6/30/2017 Page 187 of 447 CITY OF WATERLOO Council Communication Asbestos Abatement Services Contract AB-2021-11-05P for properties located at 928 Mulberry Street, 1526 E. 4th Street, 1527 E. 4th Street, 114 E. 10th Street, and 105 E. 11th Street. City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type ❑ Bid Tab Backup Material ❑ RFB Asbestos Abatement Services Contract AB-2021- Backup Material 11-05P ❑ Exhibit B Surveys Backup Material ❑ Exhibit C draft Contract Backup Material Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution rejecting all bids. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: The above mentioned properties were primarily acquired through Iowa Code 657A, and are being abated of asbestos in preparation of demolition. Data/Analysis and Strategies: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Expenditure Required/Source of Unknown/Nuisance Abatement bonds (estimate is $15,000). Funds: Page 188 of 447 ASBESTOS ABATEMENT SERVICES, CONTRACT NO. AB-2021-11-05P October 21, 2021 Bid Tab Estimate: $15,000 Bidder Bid Security Bid Amount All Star Environmental 5% $52,000 Dubuque, IA Site Services $110,731 Algona, IA Abatement Specialties, LLC 5% $121,319 Cedar Rapids, IA Active Thermal Concepts 5% $191,039 Hiawatha, IA Advanced Environmental 5% $134,000 Waterloo, IA Page 189 of 447 REW Services Corp 5% $173,141 Page 190 of 447 CITY OF WATERLOO , IOWA Request for Bid ASBESTOS ABATEMENT SERVICES October 2021 RFB Asbestos Abatement Services Contract AB-2021-11-05P 928 Mulberry Street, 1526 E 4' Street, 1527 E 4' Street, 114 E 10t" Street, and 105 E 11 t" Street City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Page 191 of 447 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for asbestos abatement services Contract AB- 2021-11-05P —928 Mulberry Street, 1526 E 4th Street, 1527 E 4th Street, 114 E 10th Street, and 105 E 11th Street. All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday October 21, 2021 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container should be marked as noted below, and include the name of the company submitting the bid. 1.1 RFB Timeline Name of the Bid: Asbestos Abatement Services Contract AB-2021-11-05P Notice of RFB Date: October 4, 2021 Mandatory Walk Thru Date: There will not be a mandatory walk thru Deadline for Bid Submittal: Thursday October 21, 2021 at 1:00 p.m., Central Time Submit Sealed Bid to: Address exactly as stated: SEALED RFB FOR ASBESTOS ABATEMENT SERVICES CONTRACT AB-2021-11-05P City of Waterloo City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Aric Schroeder, City Planner/Project Manager (City's Representative) E-mail Address: aric.schroeder(a�waterloo-ia.org Phone: Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E 4"Street, 1527 E 4"Street,114 E 10" Street,and 105 E l r"Street Page 2 of 9 Page 192 of 447 1.4 Bids will be opened on Thursday October 21, 2021, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's YouTube Cannel. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the award. The awarding of the contract is anticipated to be at the City Council meeting on Monday November 1, 2021 at 5:30 p.m.. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the proposal evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E 4"Street, 1527 E 4"Street,114 E 10" Street,and 105 E l r"Street Page 3 of 9 Page 193 of 447 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for approximately two (2) months beginning November 1, 2021, to December 31, 2021. 3.0.2 The City and the Contractor may renew the original Contract for one (1)week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E 4"Street, 1527 E 4"Street,114 E 10" Street,and 105 E l r"Street Page 4 of 9 Page 194 of 447 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.4 All work is to be done in strict compliance with this RFB. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 928 Mulberry Street, 1526 E 4th Street, 1527 E 4th Street, 114 E 10' Street, and 105 E 11th Street. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Bidder shall be responsible to familiarize itself with the specifications included in this RFB and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E 4"Street, 1527 E 4"Street,114 E 10" Street,and 105 E l r"Street Page 5 of 9 Page 195 of 447 asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos surveys included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the asbestos abatement project. 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFB. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within the Contract Term (anticipated to be December 31). If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. SECTION V GENERAL TERMS AND CONDITIONS 1. LANGUAGE,WORDS USED INTERCHANGEABLY- deemed irresponsible or unreliable by the City. If The word CITY refers to the CITY OF WATERLOO, requested, Proposers shall be required to submit IOWA throughout these Instructions and Terms and satisfactory evidence that they have a practical Conditions. Similarly, PROPOSER refers to the person knowledge of the particular supply/service proposal and or company submitting an offer to sell its goods or that they have the necessary financial resources to services to the CITY, and CONTRACTOR refers to the provide the proposed supply/service as described in this successful bidder. Request for Proposal. 2. PROPOSER QUALIFICATIONS - No Proposal shall be 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ accepted from, and no Contract will be awarded to, any OFFEROR-Any deviation from this specification MUST person, firm or corporation that is in arrears to the City be noted in detail, and submitted in writing in the upon debt or Contract, that is a defaulter, as surety or Proposal. Completed specifications should be attached otherwise, upon any obligation to the City, or that is for any substitutions offered, or when amplifications are RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E 4"Street, 1527 E 4"Street,114 E 10" Street,and 105 E l r"Street Page 6 of 9 Page 196 Of 447 desirable or necessary.The absence of the specification weekends and holidays) prior to the time set for the deviation statement and accompanying specifications Proposal opening. Any and all such interpretations or will hold the Proposer strictly accountable to the modifications will be in the form of written addenda. All specifications as written herein. Failure to submit this addenda shall become part of the Contract documents document of specification deviation, if applicable, shall and shall be acknowledged and dated on the signature be grounds for rejection of the item when offered for page. delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should 12. LAWS AND REGULATIONS - All applicable State of be clearly shown on each document. Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction 4. COLLUSIVE PROPOSAL - The Proposer certifies that shall apply to the award throughout as the case may be, the proposal submitted by said Proposer is done so and are incorporated here by reference. without any previous understanding, agreement or connection with any person, firm, or corporation making 13. SUBCONTRACTING - No portion of this Proposal may a proposal for the same Contract, without prior be subcontracted without the prior written approval by knowledge of competitive prices, and it is, in all the City. respects, fair, without outside control, collusion, fraud or otherwise illegal action. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g.facsimile 5. SPECIFICATION CHANGES, ADDITIONS AND machines) are not acceptable and will be rejected upon DELETIONS -All changes in Proposal documents shall receipt. Proposing firms will be expected to allow be through written addendum. Verbal information adequate time for delivery of their proposal either by obtained otherwise will NOT be considered in awarding airfreight, postal service,or other means. of Proposals. 15. CANCELLATION-Either party may cancel the award in 6. PROPOSAL CHANGES - Proposals, amendments the event that a petition, either voluntary or involuntary, thereto, or withdrawal requests received after the time is filed to declare the other party bankrupt or insolvent or advertised for Proposal opening, will be void regardless in the event that such party makes an assignment for of when they were mailed. the benefit of creditors. 7. HOLD HARMLESS AGREEMENT - The Contractor 16. ASSIGNMENT- Proposer shall not assign this order or agrees to protect, defend, indemnify and hold harmless any monies to become due hereunder without the prior the City of Waterloo, its officers and employees, their written consent of the City. Any assignment or attempt agencies and agents, from any and all claims and at assignment made without such consent of the City damages of every kind and nature made, rendered or shall be void. incurred by or in behalf of every person or corporation 17. EQUAL OPPORTUNITY - The successful firm agrees whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any not to refuse to hire, discharge, promote, demote, or to acts, actions, work or other activity done by the otherwise discriminate in matters of compensation Contractor, its employees, subcontractors or any against any person otherwise qualified solely because independent contractors working under the direction of of age, race, color, religion, sex, sexual orientation, either the Contractor or subcontractor in the gender identity, marital status, national origin, performance of this Contract. citizenship status, disability, or veteran status. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- 18. TAXES-The City of Waterloo is exempt from sales tax TANCE - The City reserves the right to reject any or all and certain other use taxes. Any charges for taxes from Proposals. The City further reserves the right to waive which the City is exempt will be deducted from invoices technicalities and formalities in Proposals, as well as to before payment is made. accept in whole or in part such Proposals where it is 19. PROPOSAL INFORMATION IS PUBLIC — All deemed advisable in protection of the best interests of documents submitted with any proposal and the the City. proposal shall become public documents and subject to 9. PROPOSAL CURRENCY/LANGUAGE - All proposal Iowa Code Chapter 22,which is otherwise known as the prices shall be shown in US Dollars ($). All prices must "Iowa Open Records Law". By submitting any document remain firm for the duration of the Contract regardless of to the City of Waterloo in connection with a proposal, the exchange rate. All proposal responses must be the submitting party recognized this and waives any submitted in English. claim against the City of Waterloo and any of its officers and employees relating to the release of any document 10. PAYMENTS - Payments will be made for all or information submitted. goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice and all Each submitting party shall hold the City of Waterloo necessary supporting documentation. and its officers and employees harmless from any claims arising from the release of any document or 11. MODIFICATION, ADDENDA & INTERPRETATIONS - information made available to the City of Waterloo Any apparent inconsistencies, or any matter requiring arising from any proposal opportunity. explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E 4"Street, 1527 E 4"Street,114 E 10" Street,and 105 E l r"Street Page 7 of 9 Page 197 Of 447 EXHIBIT"A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. 928 Mulberry Street, 1526 E 4th Street, 1527 E 4th Street, 114 E 10th Street, and 10S E 11th Street. Total "lump sum" bid: $ The correct summation of the actual bid tabulation figures will supersede the listed total, Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests for bid RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E 4"Street, 1527 E 4"Street,114 E 10" Street,and 105 E l r"Street Page 8 of 9 Page 198 of 447 Our "not to exceed" bid price for each property is: 928 Mulberry Street $ 1526 E 4th Street 1527 E 4th Street 114 E 10th Street 105 E 11th Street Total $ RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E 4"Street, 1527 E 4"Street,114 E 10" Street,and 105 E l r"Street Page 9 of 9 Page 199 of 447 928 Mulberry, Waterloo, Iowa Surfacing Materials Material Description Location uantit None Thermal Systems Insulation Material Description Location uantit Duct Paper Gray/White Basement/In-Wall Ducts <50 SF Miscellaneous Materials Material Description Location uantit Linoleum Green Bathroom/2"d Floor 40 SF Linoleum Beige/Brown Bedroom /2nd Floor 180 SF Linoleum Green Bathroom Closet/2nd Floor 12 SF 12" Floor Tile Tan Living Room/ bottom Layer 54 SF 12" Floor Tile Gray Hallway Entry/Bottom Layer 60 SF Tar/ Roof Patch Gray/Black Chimney/Front& Back Porches 75 LF All quantities supplied are estimates. Contractors must field verify all material conditions and quantities for bidding purposes. Page 200 of 447 EMSL Analytical, Inc. FMSL Order: 161319157 2001 East 52nd St.,Indianapolis,IN 46205 CustomerlD: HFNN77 Phone/Fax: (317)803-2997 1(317)803-3047 CustomerPQ: htli Pwww.EMSL corn indianapolislab(F" emsl.com ProjectlD: City of Waterloo,lA At1n: Steve Henneberry Phone: (319)551-4441 Hawkeye Environmental Fax: (319)624-4029 814 Wood Lily Road Received: 12103/13 9:55 AM Solon, IA 52333 Analysis Date: 12/10/2013 Collected: Project: CITY OF WATERLOO 928 MULBERRY Test Report: Asbestos Analysis of Bulls Materials via EPA 6001R-931116 Method using Polarized Light Microscopy Non-Asbestos Asbestos Sample Description Appearance % Fibrous % Non-Fibrous % Type 001 duct paper Gray 40% Cellulose 20% Non-fibrous(other) 40% Chrysotile furnace vents Fibrous 161319157 0001 Homogeneous 002 glazing wood White 100% Non-fibrous(other) None Detected wdws Non-Fibrous 161319157-0002 Homogeneous Inseparable paint 1 coating layer included in analysis 003-Skim Coat plaster skim White 100% Non-fibrous(other) <1% Chrysotile coat/plaster Non-Fibrous 161319157-0003 Heterogeneous Inseparable paint 1 coaling layer included in analysis 003-Base Coat plaster skim Gray 20% Quartz None Detected 161319157-0003A coatlplaster Non-Fibrous 80% Non-fibrous(other) Homogeneous 004 12"it wd grain Brown 100% Non-fibrous(other) None Detected Non-Fibrous 161319157-0004 Homogeneous 005 linoleum bdrm Green 20% Cellulose 60% Non-fibrous(other) 20"K Chrysotite Fibrous 161319157-0005 Heterogeneous 006 linoleum bdrm Tan 20% Cellulose 60% Non-fibrous(other) 20% Chrysotile Fibrous 1.31319157-0006 Heterogeneous 007 plaster skim coat White 100% Non-fibrous(other) None Detected Non-Fibrous 151319157-0007 Heterogeneous Inseparable paint/coating layer included in analysis Analyst(s) Craig Nixon(34) Richard Harding, Laboratory Manager or other approved signatory FMSL maintains liability limited to cost of analysis, This report relates only to the samples reported and may not be reproduced,except in full,without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim product certification,approval,or endorsement by NVLAP.NIST or any agency of the federal government. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimetric reduction prior to analysis. Samples received in good condition unless otherwise noted. Estimated accuracy,precision and uncertainty data available upon request.Unless requested by the client,building materials manufactured with multiple layers(i.e.linoleum,wallboard,etc.)are reported as a single sample_Reporting limit is 1% Samples analyzed by EMSL Analytical,Inc.IndEarapolis,IN NVLAP Lab Code 230158-0,AZD939,CA 2575,Cp ALA 5132,TX 300262 r Initial report from 12/10/2013 13:22:14 Test Report PLM-7.28.9 Printed: 1211012013 1:31:59 PM 1 Page 201 of 447 EMSL Analytical, Inc, EMSL order: 161319157 1 2001 East 52nd St.,Indianapolis,IN 46205 Customerli HENN77 Phone/Fax: (317)803-2997 1(317)803-3047 CustomerPO: httu./1www.EMSL.com indianapoiislabrQ?emsl cam ProjectlD: City of Waterloo, IA Attn: Steve Henneberry Phone: (319)551-4441 Hawkeye Environmental Fax: (319)624-4029 814 Wood Lily Road Received: 12/03/13 9:55 AM Solon, IA 52333 Analysis Date: 12/10/2013 Collected: Project: CITY OF WATERLOO 928 MULBERRY Test Report: Asbestos Analysis of Bulk Materials via EPA 6001R-931116 Method using Polarized Light Microscopy Non-Asbestos Asbestos Sample Description Appearance % Fibrous % Non-Fibrous % Tvpe 008 plaster Gray 2% Hair 20% Quartz None Detected 161319157-0008 Non-Fibrous 78% Non-fibrous(other) Homogeneous 009 12"ft liv rm Gray 98% Non-fibrous(other) 2% Chrysotile Non-Fibrous 161319157-0009 Homogeneous 010 mastic liv rm Black 100% Non-fibrous(other) None Detected Non-Fibrous 161319157-0010 Homogeneous 011-Floor Tile 12"ft top layer liv Tan 100% Non-fibrous (other) None Detected rm Non-Fibrous 161319157-0011 Homogeneous 011-Mastic 12"ft top layer liv Tan/Black 100% Non-fibrous(other) None Detected rm Non-Fibrous 161319157-0011A Homogeneous 012 linoleum 2nd fl Brown 30% Cellulose 65% Non-fibrous (other) None Detected bathrm Fibrous 5% Glass 161319157-0012 Heterogeneous 013 linoleum 2nd fl Beige 10% Cellulose 80% Non-fibrous(other) 10% Chrysotile bathrm closet Fibrous (61319157-0013 Heterogeneous 014-Floor Tile 12"ft bathrm Beige 100% Non-fibrous(other) None Detected closet (Von-Fibrous 161319157-0014 Homogeneous Analysts) Craig Nixon(34) Richard Harding,Laboratory Manager or other approved signatory EMSL maintains liability limited to cost of analysis. This report relates only to the samples reported and may not be reproduced,except in full,without written approval by EMSL EMSL bears no responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client, This report must not be used by the cllent to claim product certification,approval,or endorsement by NVLAP,NIST or any agency of the federal government. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends grevimetro reduction prior to analysis. Samples received in good condition unless otherwise noted. Estimated accuracy,precision and uncertainty data available upon request.Unless requested by the client,building materials manufactured with multiple layers(i.e.linoleum,wallboard,etc.)are reported as a single sample.Reporting limit is 1% Samples analyzed by EMSL Analytical,Inc.Indianapolis,IN NVLAP Lab Code 2001 BB-0,AZO939,CA 2575,CC AL-15132,TX 300262 Initial report from 12/10/2013 13:22:14 Test Report PLM-7.28.9 Printed: 12110/2013 1:31:59 PM 2 Page 202 of 447 EMSL Analytical, Inc. EMSL Order: 1 61 31 91 57 2001 East 52nd St.,Indianapolis,IN 46205 CustomerlD: HENN77 Phone/Fax, (317)803-2997 1(317)803-3447 CustomerPO: htto:llwww-EMSLcorn indianapolisiabCo),emsl.com ProjectlD: City of Waterloo, IA Attn: Steve Henneberry Phone: (319)551-4441 Hawkeye Environmental Fax: (319)624-4029 814 Wood Lily Road Received: 12/03/13 9:55 AM Solon, IA 52333 Analysis Date: 12/1012013 Collected: Project: CITY OF WATERLOO 828 MULBERRY Test Report: Asbestos Analysis of Bulk Materials via EPA 60018-931116 Method using Polarized Light Microscopy Non-Asbestos Asbestos sample Description Appearance % Fibrous % Non-Fibrous % T e 014-Mastic 12"ft bathrm Clear 100% Non-fibrous(other) None Detected closet Non-Fibrous 151319157-0014A Homogeneous 015 12"ft 1st fl entry Tan 100% Non-fibrous(other) None Detected 161319157 0015 Non-Fibrous Homogeneous 016-Floor Tile 12"ft 1st fl entry Cream 100% Non-fibrous(other) None Detected Non-Fibrous 161319157-0016 Homogeneous 016-Mastic 12"ft 1st fl entry Clear 100% Non-fibrous(other) None Detected Non-Fibrous 161319157-00168 Homogeneous 017 linoleum hall Brown 100% Non-fibrous(other) None Detected 161319157-0017 Non-Fibrous Homogeneous 018 12"ft hall Gray 98% Non-fibrous(other) 2% Chrysotile Non-Fibrous 161319157-0018 Homogeneous 019 mastic hall Black 100% Non-fibrous(other) None Detected Non-Fibrous 161319157-0019 Homogeneous 020-Floor Tile 12"ft hall White 100% Non-fibrous (other) None Detected 161319157-0020 Non-Fibrous Homogeneous Analyst(s) Ile. - Craig Nixon(34) Richard Harding, Laboratory Manager or other approved signatory EMSL maintains liability limited to cost of analysis This report relates only to the samples reported and may not be reproduced.except in full,without written approval by EMSL EMSL bears no b responsibility for sample collection activities or analytical method limitations. Interpretation and use of lest results are the responsibility of the client This report must not he used y the client to claim product certification,approval,or endorsement by NVLAP,NIST or any agency of the federal government- Non-friable organically bound materials present a problem matrix and therefare EMSL recommends gravimetric reduction prior to analysis, Samples received in good condition unless otherwise noted. Estimated accuracy,precision and uncertainty data available upon request,Unless requested by the client,building materials manufactured with multiple layers(i e.linoleum,wallboard,etc.)are reported as a single sample.Reporting limit is 1% Samples analyzed by EMSL Analocal,Inc.Indianapolis,IN NVLAP Lab Code 200188-0,AZ0939,CA 2575,CC AL-15132,TX 300252 II L J Initial report from 12/10/2013 13:22:14 - Test Report PLM-7.28.9 Printed: 12/10/2013 1:31:59 PM 3 Page 203 of 447 EMSL Analytical, Inc. Fl order: 161319157 2001 East 52nd St.,Indianapolis,IN 46205 CustomerlD: HENN77 Phone/Fax: (317)803-29971(317)803-3047 Custorril title 11vvww.EMSL.com indlanapohslah(a),emsl.com ProjectlD: City of Waterloo, IA Attn: Steve Henneberry Phone: (319)551 4441 Hawkeye Environmental Fax: (319)624-4029 814 Wood Lily Road Received: 12/03/13 9:55 AM Solon, IA 52333 Analysis Date: 12/10/2013 Collected: Project: CITY OF WATERLOO 928 MULBERRY Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-931116 Method using Polarized Light Microscopy Non-Asbestos Asbestos Sample Description Appearance % Fibrous % Non-Fibrous % Tvpe 020-Mastic 12"ft hall Clear 100% Non-fibrous(other) None Detected Non-Fibrous 161319157-0020A Homogeneous 021 12"ft 1st fl rr Beige 100% Non-fibrous(other) None Detected Non-Fibrous 161319157-002P Homogeneous 022 linoleum 1 st fl Brown/Black 50% Cellulose 50% Non-fibrous(other) None Detected bdrm closet Fibrous 161319157-0022 Heterogeneous 023 plaster skim coat White 100% Non-fibrous(other) None Detected Non-Fibrous 161319157-0023 Homogeneous Inseparable paint/coating layer included in analysis 024 plaster Gray <1% Cellulose 20% Quartz <1% Chrysotile 161319157-0024 Non-Fibrous 80% Non-fibrous(other) Homogeneous 025 dwjc White 100% Non-fibrous(other) None Detected Non-Fibrous 161319157-0025 Homogeneous inseparable paint/coating layer included in analysis 026 asphalt shingle Black 30% Cellulose 10% Non-fibrous(other) None Detected bot layer roof Fibrous 161319f57-0026 Heterogeneous 027 asphalt shingle White/Black 35% Cellulose 65% Non-fibrous(other) None Detected mid layer roof Fibrous 161319157-0027 Heterogeneous Analyst(s) Craig Nixon(34) Richard Harding,Laboratory Manager or other approved signatory EMSL maintains liability limited to cast of analysis. This report relates only to the samples reported and may not be reproduced,except in full,without writlen approval by EMSL. EMSL.bears no responsibility for sample collection activities or analytical method limitations_ Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim product certification,approval,or endorsement by NVLAP,NIST or any agency of the federal government. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimetric reduction prior to analysis. Samples received in good condition unless otherwise noted. Estimated accuracy,precision and uncertainty data available upon request.Unless III requested by the client,building materials manufactured with multiple layers(i.e.linoleum,wallboard,etc.)are reported as a single sample_Reporting limit is 1% Samples analyzed by EMSL Analytical,Inc.Indianapolis,IN NVLAP Lab Code 200188-0,AZ0939,CA 2575,CO AL-15132,TX 300262 Initial report from 12/10/2013 13:22:14 Test Report PLM-7.28.9 Printed: 12110/2013 1:31:59 PM 4 Page 204 of 447 EMSL Analytical, Inc. EMSL Order: 161319157 2001 East 52nd St.,Indianapolis,IN 46206 CustortlerlD: HENN77 Phone/Fax: (317)80329971(317)503-3047 CustomerPO: htto:Irwww EMSL corn indianapchslabgentsi,coir ProjectlD: City of Waterloo,lA Attn: Steve Henneberry Phone: (319)551-4441 Hawkeye Environmental Fax: (319)624-4029 814 Wood Lily Road Received: 12/03/13 9:55 AM Solon, IA 52333 Analysis date: 12110/2013 Collected: Project: CITY OF WATERLOO 928 MULBERRY Test Report: Asbestos Analysis of Bulk Materials via EPA 6001R-931116 Method using Polarized Light Microscopy Non-Asbestos Asbestos Sample Description Appearance % Fibrous % Non-Fibrous % T e 028 asphalt shingle BrownlWhitelBlac 20% Glass 80% Non-fibrous(other) None Detected top layer roof k Fibrous 161319157-0028 Heterogeneous 029 tar roof flashing WhitelBlack 96% tion-fibrous(other) 4% Chrysotile chimney Non-Fibrous 161319157-0029 Homogeneous Analysts) Craig Nixon(34) Richard Harding,Laboratory Manager or other approved signatory EMSL maintains liability limited to cost of analysis. This report relates only to the samples reported and may not he reproduced,except in full,without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. Interpretation and use of test results are the responsibility of the client. This report must not be used by the client to claim product certification,approval,or endorsement by NVLAP,NIST or any agency of the federal government, Non-Triable organically bound materials present a problem matrix and therefore EMSL recommends gravimetric reduction prior to analysis, Samples received in good condition unless otherwise noted, Estimated accuracy,predsfon and uncertainty data available upon request_Unless requested by the client,building materials manufactured with multiple layers(i_e_linoleum,wallboard,etc.)am reported as a single sample.Reporting limit is 1% Samples analyzed by EMSL Analytical,Inc.Indianapolis,IN Al Lab Code 200188-0,AZ0939,CA 2575,CO AL-15132,TX 300262 Initial report from 12/10/2013 13:22:14 Test Report PLM-7.28.9 Printed: 12/10/2013 1:31:59 PM THIS IS THE LAST PAGE OF THE REPORT. 5 Page 205 of 447 !¢1319157 ?i ww EMSL Analytical,InC. 2001 East 52nd StrOet Asbestos Bulk Building Material Chain of Custody Indianapolis, IN 46205 EMSL Order Number(Lab use Only): P=jl'�NF (317)803-2097 owl ANALYTICAL.ENC. .:�. *. F`,s (317)803-3047 Hawkeye Environmental H i EMSL-6111 to: t Same Different Com an to is Clfterent Date instructions in Comments" Street:814 Wood Lily Road Third Party Billing uires written authorization from third art City:Solon StatefProvince:IA Zi !Postai Gods:52333 Caun :United States ert To Name :Steve Henneberry Tele hone#:319-551-4441 Email Address: hawkernriro@southslope.net Fax#: Purchase Order., Pro ect Name/Number.Citv of Waterloo-928 Mulberry Please Provide Results: ax mail all U.S.State Sam les Taken:IA CT Sam es: CornmerciallTaxable ResidentlalITax Exem t Turnaround Time TAT o tions*-Please Check 3 Hour 6 Hour I Lj 2,1 Hour I Lj 43 Hour I Lj 72 Hour I U 96 Hour I V 1 Week 2 Week 'For TEM Air 3 hr through 8 hr,please call ahead to schedule.-Them is a premium charge for 3 hour TEM AHERA or EPA Level If TAT. You wiN be asked to sign an authorization form for this servke. Ana co d in accordance with EM 5L's Terms and Conditions kiceled in the An lest Price Guide PLM-Bulk lreiz2 doer limil3 TEM_Bulk ®PLM EPA 60018-93/116(<I%) ❑TEM EPA NOB_EPA 500111-931116 Section 2.5.5.1 ❑PLM EPA NOB(<1%) ❑NY EIRP Method 198.4(TEM) Plaint Count ❑400(<0.25%)D 1000(<0.1%) ❑Chatfield Protocol(semi-quantitative) Paint Count w/Gravimetric❑400(<0.25%)El1000(<0. ❑TEM%by Mass-EPA 600/R-93/115 Section 2.5.5.2 [3 NIOSH 9002(<1%) ❑TEM Qualitative via Filtration Prep Technique ❑ NY FLAP Method 198.1 (friable in NY) ❑TEM Qualitative via Drop Mount Prep Technique NY FLAP Method 198.6 NOB(non-friable-NY) OOr r ❑ OSHA ID-191 Modified ❑ Q Standard Addition Method Check For Positive Sto W Clea Iden Homogenous 9 Date Sampled:_ Samplers ....Steve Henneberry Samplers signature: Sample# HA# Sample Location Material Deac 001 Duct Paper (Furnace Vents) Gray 002 Glazing (wood windows) White 003 Plaster Skim Coat 1 Plaster White l 004 12" Floor Tile (wood grain) Brown ! Black Ops Linoleum (bedroom) Green Opt; Linoleum (bedroom) Beige I Tan / Brown 007 Plaster Skim Coat White 008 Plaster Gray 009 12" Floor Tile (living room) Tan 010 Mastic (living loom) Black Client Sam le# s : 00 - 02-9 Total#of Samples. 29 Relinquished{Client]: pate: !2-2 l 3 Time: Received(Lab): Date: u Time Comments/Specia nStrlrctl a: Page 1 of pages w Page 206 of 447 15337,9157 1=MSL Analytical, Inc. Asbestos Bulk Building Material 2001 East 52nd Street Chain of Custody Indianapolis, IN 46205 FMSL ANALYTVCAL,�Nc. EMSL Order Number(Lab Use Only): (317)803-2997 i.ye...wn...00ue...neawMo (317)603-3047 Additional Pages of the Chain of Custody are only necessary if needed for additional sample information Sample# HA# Sample Location Material Description 011 12" Floor Tile (top layer 1 living room) Beige 1 Tan 012 Linoleum (2nd Floor bathroom) Brown 013 Linoleum (2nd Floor bathroom closet) Beige 1 Green 014 12"Floor Tile(peel n stick/bathroom closet/top layer) Gray 015 12" Floor Tile (1 st floor entry) Brown 016 12" Floor Tile (1st floor entry / top layer) Gray 017 Linoleum (hallway) Tan / Brown 018 12" Floor Tile (hallway) Gray 019 Mastic (hallway) Black 020 12" Floor Tile (peel n stick/hallway 1 top layer) Gray 021 12" Floor Tile (peel n stick 1 1 st Floor RR) Beige 022 Linoleum (1st floor bedroom closet) Green 1 Black 023 Plaster Skim Coat White 024 Plaster Gray 025 Drywall Joint Compound White 026 Asphalt Single (bottom layer/ roof) Black middle layer 1 027 Asphalt Single { roof Gra y ) y 1 Black 028 Asphalt Single (top layer 1 roof) Brown 1 Black 029 Tar/ Roof Flashig (chimney) Gray 1 Black -1 "Comments/Special Instructions: Page 2 of 2 pages Page 207 of 447 y; I I y -W.Ns 43) I y Q r I _ I ' Page 208 of 447 �y 1 O i 4i r t r L � 1. � a r Page 209 of 447 • 4 CL ' r1 '.1Jd • r�,, TTTIIIFFF i .j Page 1 447 s ORT a N'Rk�6 �q,'F i �4`���AA i 'A 7 S •R ;a d2o. N Fb I- WX AWK Y ENVIRONMENTAL I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION S. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK/ INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY 0 0 L Q) 0 U Page 212 of 447 AWK Y ENVIRONMENTAL A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION Residential Property 1526 E. 4th Street Waterloo, Iowa 2. CLIENT CONTACT Mr. Chris Western Planning and Zoning Department City of Waterloo, Iowa 3. DATE(s) OF INSPECTION April 29, 2020 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 S. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION 0 NVLAP (Nation Voluntary Laboratory Accreditation Program) a Lab Code: 101768 0 U Page 213 of 447 AWK Y ENVIRONMENTAL B. SCOPE OF WORK Methods and Procedures: The property located 1526 E. 4th Street, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA-defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPS. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by SanAir Technologies Laboratory. Sanair is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR -Air Quality Division. Tom.Wuehr@DNR.lowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.iowadnr.gov/air/prof/asbestos/asbestos.html 0 0 v 0 U Page 214 of 447 AWK Y ENVIRONMENTAL INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed and asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. It is the intent of this survey to determine if any of the materials with potential for disturbance are asbestos containing. The structure is a former single-family home which is now vacant. The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspect asbestos building materials. 0 0 v 0 U Page 215 of 447 AWK Y ENVIRONMENTAL C. SUMMARY OF ASBESTOS BUILDING MATERIALS 1526 E. 4th Street Surfacing Materials Material Description Location —quantity None Thermal Systems Insulation Material Description Locationuantit 6 boots 60 LF Duct Paper Gray Basement in wall Miscellaneous Materials Material Description Location —quantity 9" Floor Tile (no mastic) Red/Black Basement 300 SF 9" Floor Tile (no mastic) Gray Side Entry/Stairs 75 SF 9" Floor Tile (no mastic) Gray Front Porch 150 SF 12" Floor Tile (no mastic) White Living+ Dining Room 300 SF Chimney Tar(Assumed) Gray Chimney <1%Asbestos Materials Material Description Location Quantity None * Materials which contain less than 1% asbestos are not considered "asbestos- containing materials" per Iowa DNR and EPA regulations. However, OSHA considers materials with any asbestos content to be a potential hazard. Contractors shall be required to comply with all OSHA regulations regarding removal of materials or demolition of structures with materials containing less than 1% asbestos. Quantities supplied are estimates. Contractors must o field verify all material quantities, locations and conditions. o Page 216 of 447 AWK Y ENVIRONMENTAL BULK SAMPLE ANALYSIS 1526 E. 4th Street Waterloo, Iowa 0 0 L Q) 0 U Page 217 of 447 tiff eurofins CEI May 8, 2020 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 1526 E. 4th St. CEI LAB CODE: A205729 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on May 6, 2020. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1% asbestos are considered asbestos-containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1% asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director INVtA TESTING NVLAP LAB CODE 101768-0 730 SE Maynard Road • Cary, NC 27511 • 919.481 .1413 Page 218 of 447 tiff eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 1526 E. 4th St. LAB CODE: A205729 TEST METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORT DATE. 05/08/20 TOTAL SAMPLES ANALYZED: 33 # SAMPLES >1% ASBESTOS: 6 Page 219 of 447 .% Asbestos Report Summary ti•} e u rof i n s By: POLARIZING LIGHT MICROSCOPY CEI PROJECT: City of Waterloo, 1526 E. 4th St. LAB CODE: A205729 METHOD: EPA 600 / R93/ 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description % 001 A92203 Gray Duct Paper O 002 A92204 Red Floor Tile I', 003 A92205 Black Floor Tile '. 004 A92206 Black Mastic None Detected 005 A92207 White Floor Tile 006 A92208 Black Mastic None Detected 007 A92209A Gray Floor Tile A92209B Brown Mastic None Detected 008 A92210A White Floor Tile None Detected A92210B Yellow Mastic None Detected 009 Layer 1 A92211 White Floor Tile - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 A92211 Black Felt Paper None Detected 010 A92212A Tan Floor Tile None Detected A92212B Yellow Mastic None Detected 011 A92213 Black Mastic None Detected 012 A92214 Gray Plaster None Detected 013 A92215 White Skim Coat None Detected 014 A92216 Gray Plaster None Detected 015 A92217 White Skim Coat None Detected 016 A92218 Gray Plaster None Detected 017 A92219 White Skim Coat None Detected 018 A92220 White Texture None Detected 019 A92221 White Texture None Detected 020 A92222 White Texture None Detected 021 A92223 White Texture None Detected 022 A92224 White Texture None Detected 023 A92225 White Texture None Detected 024 A92226 White Drywall None Detected 025 A92227 Tan Tape None Detected 026 A92228 No Sample Present in Sample Container Page 1 of 2 Page 220 of 447 OeurofinsAsbestos Report Summary CEI By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 1526 E. 4th St. LAB CODE: A205729 METHOD: EPA 600 / R93/ 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description % 027 Layer 1 A92229 Brown Linoleum None Detected - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 A92229A Black Felt Paper None Detected A92229B Brown Mastic None Detected 028 Layer 1 A92230 Green Linoleum None Detected - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 A92230A Black Felt Paper None Detected A92230B Brown Mastic None Detected 029 A92231A Variously Linoleum None Detected A92231 B Yellow Mastic None Detected 030 A92232 Brown Insulation None Detected 031 A92233 Brown,White Ceiling Tile None Detected 032 A92234 Black Shingle None Detected 033 A92235 Green,Black Shingle None Detected 034 A92236 Gray,Black Shingle None Detected Page 2 of 2 Page 221 of 447 ASBESTOS BULK ANALYSIS e u rof i n s CEI By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: A205729 814 Wood Lily Road Date Received: 05-06-20 Solon, IA 52333 Date Analyzed: 05-07-20 Date Reported: 05-08-20 Project: City of Waterloo, 1526 E. 4th St. ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON-ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non-Fibrous % 001 Duct Paper Homogeneous 35% Binder A92203 Gray •• Fibrous Bound 002 Floor Tile Homogeneous 90% Vinyl ff ' , A92204 Red Fibrous Tightly Bound 003 Floor Tile Homogeneous 90% Vinyl A92205 Black Fibrous Tightly Bound 004 Mastic Homogeneous <1% Cellulose 100% Tar None Detected A92206 Black Non-fibrous Bound 005 Floor Tile Homogeneous 88% Vinyl A92207 White 10% Calc Carb Non-fibrous Bound 006 Mastic Homogeneous 100% Tar None Detected A92208 Black Non-fibrous Bound 007 Floor Tile Homogeneous 80% Vinyl A92209A Gray 17% Calc Carb Non-fibrous Bound Page 1 of 7 Page 222 of 447 •., ASBESTOS BULK ANALYSIS tiff e u rof i n s CEI By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: A205729 814 Wood Lily Road Date Received: 05-06-20 Solon, IA 52333 Date Analyzed: 05-07-20 Date Reported: 05-08-20 Project: City of Waterloo, 1526 E. 4th St. ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON-ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non-Fibrous % A92209B Mastic Homogeneous 100% Mastic None Detected Brown Non-fibrous Bound 008 Floor Tile Homogeneous 80% Vinyl None Detected A92210A White 20% Calc Carb Non-fibrous Bound A92210B Mastic Homogeneous 100% Mastic None Detected Yellow Non-fibrous Bound 009 Floor Tile Homogeneous 80% Vinyl Layer 1 White 18% Calc Carb A92211 Non-fibrous Bound - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 Felt Paper Homogeneous 50% Cellulose 50% Tar None Detected A92211 Black Fibrous Bound 010 Floor Tile Homogeneous 80% Vinyl None Detected A92212A Tan 20% Calc Carb Non-fibrous Bound A92212B Mastic Homogeneous <1% Cellulose 100% Mastic None Detected Yellow Non-fibrous Bound Page 2 of 7 Page 223 of 447 •., ASBESTOS BULK ANALYSIS tiff e u rof i n s CEI By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: A205729 814 Wood Lily Road Date Received: 05-06-20 Solon, IA 52333 Date Analyzed: 05-07-20 Date Reported: 05-08-20 Project: City of Waterloo, 1526 E. 4th St. ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON-ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non-Fibrous % 011 Mastic Homogeneous 2% Cellulose 98% Tar None Detected A92213 Black Non-fibrous Bound 012 Plaster Homogeneous <1% Hair 70% Binder None Detected A92214 Gray 30% Silicates Fibrous Bound 013 Skim Coat Heterogeneous 95% Binder None Detected A92215 White 5% Paint Non-fibrous Bound 014 Plaster Homogeneous <1% Hair 70% Binder None Detected A92216 Gray 30% Silicates Fibrous Bound 015 Skim Coat Heterogeneous 95% Binder None Detected A92217 White 5% Paint Non-fibrous Bound 016 Plaster Homogeneous <1% Hair 70% Binder None Detected A92218 Gray 30% Silicates Fibrous Bound 017 Skim Coat Heterogeneous 95% Binder None Detected A92219 White 5% Paint Non-fibrous Bound Page 3 of 7 Page 224 of 447 •., ASBESTOS BULK ANALYSIS tiff e u rof i n s CEI By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: A205729 814 Wood Lily Road Date Received: 05-06-20 Solon, IA 52333 Date Analyzed: 05-07-20 Date Reported: 05-08-20 Project: City of Waterloo, 1526 E. 4th St. ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON-ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non-Fibrous % 018 Texture Heterogeneous 80% Calc Carb None Detected A92220 White 15% Foam Non-fibrous 5% Paint Bound 019 Texture Heterogeneous 80% Calc Carb None Detected A92221 White 15% Foam Non-fibrous 5% Paint Bound 020 Texture Heterogeneous 80% Calc Carb None Detected A92222 White 15% Foam Non-fibrous 5% Paint Bound 021 Texture Heterogeneous 80% Calc Carb None Detected A92223 White 15% Foam Non-fibrous 5% Paint Bound 022 Texture Heterogeneous 80% Calc Carb None Detected A92224 White 15% Foam Non-fibrous 5% Paint Bound 023 Texture Heterogeneous 80% Calc Carb None Detected A92225 White 15% Foam Non-fibrous 5% Paint Bound 024 Drywall Heterogeneous 20% Cellulose 80% Gypsum None Detected A92226 White Fibrous Bound Page 4 of 7 Page 225 of 447 •., ASBESTOS BULK ANALYSIS tiff e u rof i n s CEI By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: A205729 814 Wood Lily Road Date Received: 05-06-20 Solon, IA 52333 Date Analyzed: 05-07-20 Date Reported: 05-08-20 Project: City of Waterloo, 1526 E. 4th St. ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON-ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non-Fibrous % 025 Tape Homogeneous 100% Cellulose None Detected A92227 Tan Fibrous Bound 026 No Sample Present in A92228 Sample Container 027 Linoleum Heterogeneous 10% Cellulose 90% Vinyl None Detected Layer 1 Brown A92229 Fibrous Bound - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 Felt Paper Heterogeneous 50% Cellulose 50% Tar None Detected A92229A Black Fibrous Bound A92229B Mastic Heterogeneous 100% Mastic None Detected Brown Non-fibrous Bound 028 Linoleum Heterogeneous 100% Vinyl None Detected Layer1 Green A92230 Fibrous Bound - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 Felt Paper Heterogeneous 50% Cellulose 50% Tar None Detected A92230A Black Fibrous Bound A92230B Mastic Heterogeneous 100% Mastic None Detected Brown Non-fibrous Bound Page 5 of 7 Page 226 of 447 •., ASBESTOS BULK ANALYSIS tiff e u rof i n s CEI By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: A205729 814 Wood Lily Road Date Received: 05-06-20 Solon, IA 52333 Date Analyzed: 05-07-20 Date Reported: 05-08-20 Project: City of Waterloo, 1526 E. 4th St. ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON-ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non-Fibrous % 029 Linoleum Heterogeneous 100% Vinyl None Detected A92231 A Variously Non-fibrous Bound A92231 B Mastic Heterogeneous 5% Cellulose 95% Mastic None Detected Yellow Fibrous Bound 030 Insulation Heterogeneous 100% Cellulose None Detected A92232 Brown Fibrous Loose 031 Ceiling Tile Heterogeneous 95% Cellulose 5% Paint None Detected A92233 Brown,W h ite Fibrous Loosely Bound 032 Shingle Heterogeneous 30% Fiberglass 60% Tar None Detected A92234 Black 10% Gravel Fibrous Bound 033 Shingle Heterogeneous 30% Fiberglass 60% Tar None Detected A92235 Green,Black 10% Gravel Fibrous Bound 034 Shingle Heterogeneous 30% Cellulose 60% Tar None Detected A92236 Gray,Black 10% Gravel Fibrous Bound Page 6 of 7 Page 227 of 447 tiff eurofins CEI LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORTING LIMIT: <1% by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1% by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available on request. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description. ANALYST: APPROVED BY: �-'� CassAy Ploch Tianbao Bai, Ph.D., CIH Laboratory Director m V A TESTING NVLAP LAB CODE 101768-0 Page 7 of 7 Page 228 of 447 e u rof i n s CHAIN OF CUSTODY CEILAB USE ONLY: 730 SE Maynard Road, Cary, NC 27511 V CEI Lab Code: Tel: 866-481-1412; Fax: 919-481-1442 ICEI Lab I.D. Range: ;' COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT#: Job Contact: company:Hawkeye Environmental Email/Tel: Address: 814 wood lily road, Solon, IA 52333 Project Name: - Project ID#: rt2 ,. . ��`► Email:Cody@HawkeyeEnv.com PO#: Tel: 319-930-8044 Fax: STATE SAMPLES COLLECTED IN: 1F TAT IS NOT MARKED STANDARD 3 DAY TAT APPLIES. TURN AROUND TIME ASBESTOS METHOD 4 FIR 8 HR 1 DAY 2 DAY 3 DAY 5 DAY PLM BULK EPA 600 ❑ ❑ ❑ M ❑ ❑ PLM POINT COUNT{4C0) EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ PLM POINT COUNT(I COO) EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ PLM ORAV w POINT COUNT EPA 600EJ ❑ El E]PLM BULK CARB 435 _ ❑ ❑ ❑ ❑ ❑ PCM AIR* NIOSH 7400 ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR EPAAHERA ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR NIOSH 7402 ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR(PCME) ISO 10312 ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR ASTM 6281-15 ❑ ❑ ❑ ❑ ❑ ❑ TEM BULK CHATFIELD ❑ ❑ ❑ ❑ ❑ TEM DUST WIPE ASTM 06480-05(2010) ❑ ❑ ❑ ❑ ❑ ❑ TEM DUST MICROVAC ASTM D5755-09(2014) ❑ 0 ❑ ❑ ❑ ❑ TEM SOIL, ASTM 07521-16 ❑ ❑ ❑ ❑ TEM VERMICULITE CINCINNATI METHOD ❑ ❑ ❑ ❑ TEM QUALITATIVE IN-HOUSE METHOD ❑ ❑ 0 ❑ ❑ OTHER: ❑ ❑ ❑ ❑ ❑ ❑ 'Blanks should be taken from the same sample lot as field samples. REMARKS 1 SPECIAL INSTRUCTIONS: WAAccept Samples ❑ Reject Samples Relinquished By. Dater itne Receive DatefTime Samples will be disposed of 30 days after analysis Page 1 of �• Version: CCOC.01.18.112.LD Page 229 of 447 •ti e u rof i n s SAMPLING FORM I COMPANY CONTACT INFORMATION Company:Nawkeye Environmental Job Contact: Project Name: Project ID#: r y ` _ Tel: VOLUME/ SAMPLE ID# DESCRIPTION I LOCATION AREA 'TEST cc) \ PLM TEM � o c"a T' �r,� PLM 0 TEM C) CA� PLM 0 TEM ^` [mac PLM TEM o p 4j 1 Z PLM TEM PLM 0 TEM Cl r r PLM TEM Z.'' PLM 0 TEM PLM TEM PLM 0 TEM 0 PLM 0 TEM 0 PLM 0 TEM 0 PLM TEM 0 PLM 0 TEM PLM TEM [� PLM [.J TEM 0 C7 PLM TEM 1 sk �. PLM 0 TEM 0 C l i, r 7 t r• \si PLM 0 TEM 0 ZTJ PLM TEM Iz I ( PLM TEM 0 G}ZZ \�� PLM TEM 0 C3Z3 Y' ' P°sPLM U TEM PLM 0 TEM 0 PLM 0 TEM 0 PLM TEM PLM TEM 0 PLM TEM 0 Page 2 of Version: CCOC.01.18.212.LD Page 230 of 447 f ON 1a_ 1 :ti e u rof i n s SAMPLING FORM CEI ti® COMPANY CONTACT INFORMATION Company:Hawkeye Environmental ,lob Contact: Pro ect Name: Project ID#: Tel: VOLUME/ SAMPLE IN DESCRIPTION 1 LOCATION AREA TEST PLM TEM 0 nSu�v��t o n PLM 0 TEM PLM TEM 0 ?jr. PLM 0 TEM PLM 0 TEM 0 LA C,\`� PLM 0 TEM 0 PLM TEM 0 PLM 0 TEM PLM TEM PLM TI=M 0 PLM TEM PLM TEM 0 PLM TEM 0 PLM TEM 0 PLMC] TEM 0 PLM TEM PLM TEM 0 PLM 0 TEM PLM TEM PLM TEM PLM U TEM PLM TEM 0 PLM ] TEM PLM u TEM PLM 0 TEM 0 PLM 0 TEM PLM n TEM PLM (* ] TEM 0 Page _; of 3 Version: CCOC.01.18.212.LD Page 231 of 447 AWK Y 17= 1mNf1m IMMMIMIrAmi. ASBESTOS INSPECTION REPORT 1527 E 4th St Waterloo, , kms_ •aaa � i� .may' - 3•,- •� 'Y 1 ,i ' i r _ •J �i •� ' 1 :fir + .rL• � - + ' - — fi'�. •r. , L . 4 i i•� ff• i.�j'J. � � i • Project • • Dated: June 10, 2020 Page 447 AWK Y ENVIRONMENTAL I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK/ INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY 0 0 L Q) 0 U Page 233 of 447 AWK Y ENVIRONMENTAL A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION Residential Property 1527 E 4th St Waterloo, Iowa 2. CLIENT CONTACT Mr. Chris Western Planning and Zoning Department City of Waterloo, Iowa 3. DATE(s) OF INSPECTION April 29, 2020 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 S. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION 0 NVLAP (Nation Voluntary Laboratory Accreditation Program) a Lab Code: 101768 0 U Page 234 of 447 AWK Y ENVIRONMENTAL B. SCOPE OF WORK Methods and Procedures: The property located 1527 E 4th St, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA-defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPS. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by SanAir Technologies Laboratory. Sanair is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR -Air Quality Division. Tom.Wuehr@DNR.lowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.iowadnr.gov/air/prof/asbestos/asbestos.html 0 0 v 0 U Page 235 of 447 AWK Y ENVIRONMENTAL INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed and asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. It is the intent of this survey to determine if any of the materials with potential for disturbance are asbestos containing. The structure is a former single-family home which is now vacant. The property is in average condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspect asbestos building materials. 0 0 v 0 U Page 236 of 447 AWK Y ENVIRONMENTAL C. SUMMARY OF ASBESTOS BUILDING MATERIALS 1527 E 4th St Surfacing Materials Material Description Location —quantity None Thermal Systems Insulation Material Description Locationuantit None Miscellaneous Materials Material Description Location Quantity None <1%Asbestos Materials Material Description Location Quantity None * Materials which contain less than 1% asbestos are not considered "asbestos- containing materials" per Iowa DNR and EPA regulations. However, OSHA considers materials with any asbestos content to be a potential hazard. Contractors shall be required to comply with all OSHA regulations regarding removal of materials or demolition of structures with materials containing less than 1% asbestos. Quantities supplied are estimates. Contractors must field verify all material quantities, locations and conditions. 0 0 i N f6 0 U Page 237 of 447 AWK Y ENVIRONMENTAL BULK SAMPLE ANALYSIS 1527 E 4th St Waterloo, Iowa 0 0 L Q) 0 U Page 238 of 447 tiff eurofins CEI June 8, 2020 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: Waterloo, 1527 E 4th St. CEI LAB CODE: A208495 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on June 7, 2020. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1% asbestos are considered asbestos-containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1% asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director INVtA TESTING NVLAP LAB CODE 101768-0 730 SE Maynard Road • Cary, NC 27511 • 919.481 .1413 Page 239 of 447 tiff eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: Waterloo, 1527 E 4th St. LAB CODE: A208495 TEST METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORT DATE. 06/08/20 TOTAL SAMPLES ANALYZED: 19 # SAMPLES >1% ASBESTOS: Page 240 of 447 OeurofinsAsbestos Report Summary CEI By: POLARIZING LIGHT MICROSCOPY PROJECT: Waterloo, 1527 E 4th St. LAB CODE: A208495 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description % 001 A127121 Black,White Shingle None Detected 002 A127122 Black Tarpaper None Detected 003 Layer 1 A127123A Tan Linoleum None Detected - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 A127123A Black Backing Material None Detected A127123B Tan Mastic None Detected 004 Layer 1 A127124 Brown,Orange Linoleum None Detected - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 A127124 Black Backing Material None Detected 005 A127125 Brown, Linoleum None Detected Patterned 006 Al 27126A Brown, Floor Tile None Detected Patterned A127126B Yellow Mastic None Detected 007 A127127A Gray Floor Tile None Detected Al 27127B Yellow Mastic None Detected 008 A127128A Gray,Blue Floor Tile None Detected A127128B Yellow Mastic None Detected 009 A127129 White,Tan Ceiling Tile None Detected 010 A127130 White Drywall None Detected 011 A127131 Beige Tape None Detected 012 A127132 White Joint Compound None Detected 013 A127133 White Joint Compound None Detected 014 A127134 White Joint Compound None Detected 015 Layer 1 A127135 White Plaster Skim Coat None Detected - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 A127135 Gray Plaster Base Coat None Detected 016 Layer 1 A127136 White Plaster Skim Coat None Detected - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 A127136 Gray Plaster Base Coat None Detected 017 Layer 1 A127137 White Plaster Skim Coat None Detected - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 A127137 Gray Plaster Base Coat None Detected 018 A127138 White,Beige Window Glazing None Detected 019 A127139 White,Black Blown Insulation None Detected Page 1 of 1 Page 241 of 447 •., ASBESTOS BULK ANALYSIS tiff e u rof i n s CEI By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: A208495 814 Wood Lily Road Date Received: 06-07-20 Solon, IA 52333 Date Analyzed: 06-07-20 Date Reported: 06-08-20 Project: Waterloo, 1527 E 4th St. ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON-ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non-Fibrous % 001 Shingle Heterogeneous 20% Cellulose 65% Tar None Detected A127121 Black,White 15% Gravel Fibrous Bound 002 Tarpaper Homogeneous 45% Cellulose 50% Tar None Detected A127122 Black 5% Silicates Fibrous Bound 003 Linoleum Homogeneous 35% Cellulose 65% Vinyl None Detected Layer1 Tan A127123A Fibrous Bound - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 Backing Material Homogeneous 55% Cellulose 45% Tar None Detected Al 27123A Black Fibrous Bound Al 27123B Mastic Homogeneous 2% Cellulose 98% Mastic None Detected Tan Fibrous Bound 004 Linoleum Homogeneous 35% Cellulose 65% Vinyl None Detected Layer 1 Brown,Orange A127124 Fibrous Bound - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 Backing Material Homogeneous 55% Cellulose 45% Tar None Detected A127124 Black Fibrous Bound Page 1 of 5 Page 242 of 447 •., ASBESTOS BULK ANALYSIS tiff e u rof i n s CEI By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: A208495 814 Wood Lily Road Date Received: 06-07-20 Solon, IA 52333 Date Analyzed: 06-07-20 Date Reported: 06-08-20 Project: Waterloo, 1527 E 4th St. ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON-ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non-Fibrous % 005 Linoleum Heterogeneous 10% Fiberglass 55% Vinyl None Detected A127125 Brown,Patterned 35% Foam Fibrous Bound 006 Floor Tile Heterogeneous 100% Vinyl None Detected Al 27126A Brown,Patterned Non-fibrous Bound Al 27126B Mastic Homogeneous 2% Cellulose 98% Mastic None Detected Yellow Non-fibrous Bound 007 Floor Tile Heterogeneous 100% Vinyl None Detected Al 27127A Gray Non-fibrous Bound Al 27127B Mastic Homogeneous 2% Cellulose 98% Mastic None Detected Yellow Non-fibrous Bound 008 Floor Tile Heterogeneous 100% Vinyl None Detected Al 27128A Gray,Blue Non-fibrous Bound Al 27128B Mastic Homogeneous <1% Cellulose 95% Mastic None Detected Yellow 5% Silicates Non-fibrous Bound Page 2 of 5 Page 243 of 447 •., ASBESTOS BULK ANALYSIS tiff e u rof i n s CEI By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: A208495 814 Wood Lily Road Date Received: 06-07-20 Solon, IA 52333 Date Analyzed: 06-07-20 Date Reported: 06-08-20 Project: Waterloo, 1527 E 4th St. ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON-ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non-Fibrous % 009 Ceiling Tile Heterogeneous 50% Cellulose 25% Perlite None Detected A127129 White,Tan 10% Fiberglass 5% Paint Fibrous 10% Mineral Wool Loosely Bound 010 Drywall Homogeneous 15% Cellulose 85% Gypsum None Detected A127130 White Fibrous Bound 011 Tape Homogeneous 100% Cellulose None Detected A127131 Beige Fibrous Loosely Bound 012 Joint Compound Heterogeneous 65% Binder None Detected A127132 White 35% Calc Carb Non-fibrous <1% Paint Bound 013 Joint Compound Heterogeneous 65% Binder None Detected A127133 White 35% Calc Carb Non-fibrous <1% Paint Bound 014 Joint Compound Heterogeneous 65% Binder None Detected A127134 White 35% Calc Carb Non-fibrous <1% Paint Bound 015 Plaster Skim Coat Heterogeneous 10% Wollastonite 55% Binder None Detected Layer 1 White 35% Calc Carb A127135 Non-fibrous <1% Paint Bound Page 3 of 5 Page 244 of 447 •., ASBESTOS BULK ANALYSIS tiff e u rof i n s CEI By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: A208495 814 Wood Lily Road Date Received: 06-07-20 Solon, IA 52333 Date Analyzed: 06-07-20 Date Reported: 06-08-20 Project: Waterloo, 1527 E 4th St. ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON-ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non-Fibrous % - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 Plaster Base Coat Heterogeneous 5% Hair 60% Silicates None Detected A127135 Gray 35% Binder Fibrous Bound 016 Plaster Skim Coat Heterogeneous 10% Wollastonite 55% Binder None Detected Layer 1 White 35% Calc Carb A127136 Non-fibrous <1% Paint Bound - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 Plaster Base Coat Heterogeneous 5% Hair 60% Silicates None Detected A127136 Gray 35% Binder Fibrous Bound 017 Plaster Skim Coat Heterogeneous 10% Wollastonite 55% Binder None Detected Layer 1 White 35% Calc Carb A127137 Non-fibrous <1% Paint Bound - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Layer 2 Plaster Base Coat Heterogeneous 5% Hair 60% Silicates None Detected A127137 Gray 35% Binder Fibrous Bound 018 Window Glazing Heterogeneous 75% Binder None Detected A127138 White,Beige 25% Silicates Non-fibrous <1% Paint Bound 019 Blown Insulation Heterogeneous 45% Fiberglass 5% Binder None Detected A127139 White,Black 45% Mineral Wool Fibrous 5% Cellulose Loosely Bound Page 4 of 5 Page 245 of 447 tiff eurofins CEI LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORTING LIMIT: <1% by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1% by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available on request. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description. ANALYST: APPROVED BY: Elisabeth Thinh Tianbao Bai, Ph.D., CIH Laboratory Director m V A TESTING NVLAP LAB CODE 101768-0 Page 5 of 5 Page 246 of 447 ti e U ref ins CHAIN OF CUSTODY LAB USE ONLY: 730 SE Maynard Road, Cary, INC 27511 CEI Lab Code: Tel: 866-481-1412; Fax: 919481-1442 CEI Lab N.D. Range: COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT#: Job Contact: Company:Hawkeye Environmental Email 1 Tel: Address: 814 wood lily road, Solon, IA 52333 Project Name: Project 0M 2-1 Email:Cody@HawkeyeEnv.com PO#: Tel: 319-930-8044 Fax: STATE SAMPLES COLLECTED IN: IF TA T IS NOT MARKED STANDARD 3 DAY TAT APPLIES. TURN AROUND TIME ASBESTOS METHOD 4 HR 8 HR 1 DAY 2 DAY 3 DAY 5 DAY PLM BULK EPA 600 ❑ ❑ ❑ ❑ ❑ PLM POINT COUNT(400) EPA 600 ❑ ❑ ❑ ❑ ❑ PLM POINT COUNT(1000) EPA 600_ _ ❑� _ ❑ _ ❑ ❑ ❑ ❑ PLM GRAV w POINT COUNT EPA 600 _ ❑ 0 ❑ ❑ ❑ PLM BULK CARB 435 ❑ ❑ i❑ ❑ ❑ PCM AIR' NIOSH 7400 ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR EPA AHERA ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR NIOSH 7402 ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR(PCME) ISO 10312 ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR ASTM 6281-15 ❑ ❑ ❑ ❑ ❑ ❑ TEM BULK CHATFIELD ❑ ❑ ❑ ❑ ❑ TEM DUST WIPE ASTM D6480-05(2010) V ❑ ❑ ❑ ❑ ❑ TEM DUST MICROVAC ASTM 05755-09(2014) ❑ ❑ ❑ ❑ ❑ ❑ TEM SOIL ASTM D7521-16 ❑ ❑ ❑ ❑ !'� ❑ ❑ ❑ ❑ TEM VERMICULITE CINCINNATI METHOD TEM QUALITATIVE IN-HOUSE METHOD ❑ ❑ 0 ❑ ❑ OTHER: ❑ ❑ ❑ ❑ ❑ ❑ *Blanks should be taken from the same sample lot as field samples, REMARKS / SPECIAL INSTRUCTIONS: ` Accept Samples Reject Samples Relinquished By: Date/Time i Received By: Date/Time Samples will be disposed of 30 days after analysis Page of Version: CCOC.01.18.112.LD Page 247 of 447 �ti e u rof i r� s SAMPLING FORM ti. win COMPANY CONTACT INFORMATION Company:Hawkeye Environmental Job Contact: Project Name: Project ID k Tel: VOLUME/ SAMPLE ID# DESCRIPTION I LOCATION AREA TEST �j .•� . PLM TEM 0 �C PLM TEM "n PLM L TEM G PLM TEM PLM TEM PLM 0 TEM 0 k PLM 0 TEM t, „ PLM TEM 0 �( LZ s i I PLM TEM iJ l ,r PLM TEM U oil PLM TEM 0 PLM TEM 0 PLM TEM D 0 L4 PLM TEM 0 ;(A PLM 0 TEM 0 PLM TEM [�] PLM TEM 0 w , } 14A Z PLM TEM [� 6 0 \ i Su t PLM TEM U PLM 0 TEM PLM TEM 0 PLM TEM PLM 0 TEM PLM 0 TEM 0 PLM TEM PLM 0 TEM 0 PLM TEM 0 PLM TEM 0 Page of Version: CCOC.01.18.2121D Page 248 of 447 q f 114 E. 10" St. Waterloo, IA Asbestos NESHAP Inspection Prior to Demolition for Asbestos City of Waterloo: Chris Western September 2020 at i. 114 E. lOt` St. Waterloo, IA Old Advanced Auto Parts Our Project # 20-841-04 by: Asbestos Inspections, Testing and Training, Inc. 123 E. Grand Street Monticello, IA 52310 Phone: 319 465-5555 Fax: 319 465-3104 Email: asbestos 121 @gmail.com Page 249 of 447 Executive Summary For: Clu-is Westem City of Waterloo 715 Mulberry Street Waterloo, IA 50703 For: 114 E. 10'x' Street Waterloo, IA 50703 Asbestos Survey and Cost An inspection prior to demolition was requested to satisfy the federal NESHAP (National Emission Standard for Hazardous Air Pollutants)40 CFR Part 61, Sub part M.A thorough inspection was performed according to minimum A.H.E.R.A., protocol. The following asbestos containing materials were identified at the following location. Please note that asbestos-containing materials that may become regulated (RACM) must be removed, prior to demolition/renovation activities that may disturb those materials. All measurements are approximate.Verify. Area Location Material Quantity Category Condition Cost to Remove Showroom blastic in showroom-under tile blastic 1776 sq.ft. CAT I NF I Boiler Joints on boilersystem-approx.50 Mud joints Approx.50 Friable 1 Boiler Approx.600 LF.-some hidden APW Approx.600 LF. Friable 1 Loading Dock Field of loading dock A Bitumen 9,060 sq.i't. CAT I NF I S.Roof Same for entire roof(S)(BI) Field 8,820 sq.ft. CAT 1 NF t N.Roof N.part of roof Flashing 150 LF,approx.. CAT I NF 1 F20 60 -� l Total: $ I P.1-13 GeLK n -------[90601---- ►(. ` 75 - --__� � 1 90 RETAIL = OFFICE 81-Is BRKITILE 147 [88201 OFFICE. Page 250 of 447 Narrative of Inspection An inspection of the above facility was performed on 9-14-20 The inspection was performed at the request of Chris Western who directed the inspector as to what was to be inspected. The inspection was a: E] Full inspection is to satisfy a "demolition" activity under NESHAP and IAC. El Partial Inspection is to satisfy NESHAP's requirement for"renovation only" or for"partial demolition", not for a full building inspection. Notice: This estimate and scope of work does not include air monitoring (before, during and after the project-3`d party) (General Notes&Recommendations) 1) Destructive sampling techniques were not used to gain access above ceilings, below floors, or into walls.A representative number of samples were collected from suspect asbestos containing building materials. 2) Materials similar in appearance,color or texture to those determined to contain asbestos must be assumed to contain asbestos throughout this building whether listed by room or location or not listed but later found. 3) Be advised that the EPA recommends that point count analysis must be performed on floor tile that is determined to be non-asbestos by standard Polarized Light Microscopy(they may also accept the Chatfield method of analysis)(Due to false negatives). 4) Always give IDNR at least 10 working days Notice prior to demolition activities and have Demo Contractor give the Notice for demolition activities(not the owner). 5) Do not start the day before or the day after date of demolition (most common violation). 6) Hidden, obscure,or found materials, must be treated as asbestos unless listed in the bulk sample inventory herein.Call if you are not sure about any material. 7) Interpretation of NESHAP has expanded over the years.We will be happy to resample"new"suspect materials at our regular rate shall the issue arise. 8) Remove all ACM that may become RACM prior to demolition/renovation.The above materials usually qualify as RACK 9) Point Counting(a method of analysis)which costs additional, may be used to eliminate ACM that is 10%or less.There appears to be no pattern on what point counts out; it is however, by law,the final answer to the question is the material asbestos?Point Counting is required for all results 51%to exclude them.Or you may assume that the material is asbestos and remove it.That is the owner's call. If you have any questions about retesting and Point Counting ask the inspector for more information.Yes,it is complicated! 10) Removal of PCB's in ballasts and mercury in fluorescent lite tubes is required by the RCRA federal laws which apply to public,commercial demolition 11) single family to 4-plexes but greater). Region VII EPA may be contacted for further information at: 915 551-7602, Mr. Larry Hacker,Administrator. INSPECTOR'S NOTES: 1.A little tricky.See Beacon. 2 different roofs. 2.Cedar Valley Lumber Building abuts this building from rear. 3. Look at beacon to get your bearings. 1 Page 251 of 447 a 0 N N a N a a s f Q O U O O O O O LLJ Ln Q ❑ ,� tD U * * Z Y U V V U U m ❑ d' Q a 0 0 0 D \ o O ❑ ❑ ❑ 0 4 o c e LA Z Z Z IG Z Z Z Z N N Z Z Z Z Z z � rq Z y _ fn -0 m > ua ° ° o El oZ V Ul N a O r-[ N m Ln kD C Q = O C -1 .--I N M M LD e-1 N xN C v o V rtl ' cu N 0 b bb r4 ObQ ° e0 C XI CL a ce d cls 4.hi ° R � .� = i T i I I µ �S .... a.a...µ � � w' ..ci• -.0.�., ' i 105 E. 11" St. Waterloo, IA Asbestos NESHAP Inspection Prior to Demolition for Asbestos City of Waterloo: Chris Western September 2020 at 1.05 E. I1��' St. Waterloo IA Old Cedar Valley Lumber Co. Our Project It 20-841-05 by: E Asbestos Inspections, Testing and Training, Inc. 123 E. Grand Street Monticello, IA 52310 Phone: 319 465-5555 Fax: 319 465-3104 Email: asbestos121@gmail.com Page 253 of 447 Executive Summary For: Clods Western ................... City of Waterloo 715 Mulberry Street Waterloo,IA 50703 For: 105 F. 11`t' Street Waterloo, IA 50703 Asbestos Survey and Cost An inspection prior to demolition was requested to satisfy the federal NESHAP (National Emission Standard for Hazardous Air Pollutants) 40 CFR Part 61, Sub part M.A thorough inspection was performed according to minimum A.H.E.R.A., protocol.The following asbestos containing materials were identified at the following location. Please note that asbestos-containing materials that may become regulated (RACM) must be removed, prior to demolition/renovation activities that may disturb those materials. All measurements are approximate.Verify. Area Location Material Quantity Category Condition Cost to Remove Roof Part A-1s1 of 3 layers Shin le 7,437 sq.ft. CAT I NF 3 Roof Part A-third of 3 layers 59x126 Felt Inc. CAT I NF 3 NE B Part B-NE corner of N/S section 52 LF.Flashing Inc. CAT I NF 3 J. Black Hawk County Detailed Parcel Report 59 so 131-iS CBLK zs t2osoi Total: $ S11 A2AS[9 UPOLE NAG MTL1POLE 1N 173341 } - f i I 1 f II � l i i Page 254 of 447 Narrative of Inspection An inspection of the above facility was performed on 9-14-20 The inspection was performed at the request of 4...... Chris Western who directed the inspector as to what was to be inspected.The inspection was a: F1 l=ull inspection is to satisfy a "demolition" activity under NESHAP and IAC. �.] Partial Inspection is to satisfy NESHAP's requirement for"renovation only" or for"partial demolition", not for a full building inspection. Notice:This estimate and scope of work does not include air monitoring(before, during and after the project-3rd party) (General Notes&Recommendations) 1) Destructive sampling techniques were not used to gain access above ceilings, below floors, or into walls.A representative number of samples were collected from suspect asbestos containing building materials. 2) Materials similar in appearance,color or texture to those determined to contain asbestos must be assumed to contain asbestos throughout this building whether listed by room or location or not listed but later found. 3) Be advised that the EPA recommends that point count analysis must be performed on floor tile that is determined to be non-asbestos by standard Polarized Light Microscopy(they may also accept the Chatfield method of analysis)(Due to false negatives). 4) Always give IDNR at least 10 working days Notice prior to demolition activities and have Demo Contractor give the Notice for demolition activities(not the owner). 5) Do not start the day before or the day after date of demolition(most common violation). 6) Hidden,obscure,or found materials, must be treated as asbestos unless listed in the bulk sample inventory herein. Call if you are not sure about any material. 7) Interpretation of NESHAP has expanded over the years. We will be happy to resample"new"suspect materials at our regular rate shall the issue arise. 8) Remove all ACM that may become RACM prior to demolition/renovation.The above materials usually qualify as RACM. 9) Point Counting(a method of analysis)which costs additional, may be used to eliminate ACM that is 10%or less.There appears to be no pattern on what point counts out;it is however, by law,the final answer to the question is the material asbestos? Point Counting is required for all results<1%to exclude them.Or you may assume that the material is asbestos and remove it.That is the owner's call. If you have any questions about retesting and Point Counting ask the inspector for more information.Yes,it is complicated! 10) Removal of PCB's in ballasts and mercury in fluorescent lite tubes is required by the RCRA federal laws which apply to public,commercial demolition 11) single family to 4-plexes but greater). Region VII EPA may be contacted for further information at: 915 551-7602, Mr. Larry Hacker,Administrator. INSPECTOR'S NOTES: 1. Roof gone around edges of building A-about 2' missing all around 2.A. Building is pitched. B building is flat roof. 3.Confusing with 114 E. 101h Street,which is right on top of this address. 4. 2 layers in A building are asbestos-take all. Roof is dangerous(A) 5. B Roof was negative for field, positive for flashing. Page 255 of 447 C> 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 o a 0 0 a o a o 0 o rn 10 141 1,0 m 0 1.0 0 111 1nrV �n 10 10 I 10 lD +a 1O 10 `0 t0.n ON N NN J r + + . CP A A ? A E W Of'1 O? 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A R R R R R N Page 256 of 447 EXHIBIT "C" ASBESTOS ABATEMENT SERVICES CONTRACT #AB-2021-11-5P 928 Mulberry Street, 1526 E 4th Street, 1527 E 4th Street, 114 E 10th Street, and 105 E 11 th Street This Contract for Asbestos Abatement Services (the "Contract") is entered into as of November 1, 2021, by and between the City of Waterloo, Iowa("City") and In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of November 1, 2021 thru December 31, 2021, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFB response. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda(if any) c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed$ as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. Page 257 of 447 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten(10) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within the term of the Contract. 4. Performance Bond. Not required for this Contract. 4.1 Payment Bond. Not required for this Contract. 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record-retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2)business days of request, to City, and any other agency of state or federal government. For purposes of this section, "records"means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish,upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Re-inspection Costs. The contractor that performed the asbestos surveys for the properties (Exhibit`B"to the RFB)will inspect the properties for proper removal of ACM. If the abatement Contractor fails to remove all ACM that requires any re-inspection by the survey contractor, the abatement Contractor shall be responsible to pay(directly to the survey contractor) any and all fees associated with said re-inspection. 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7)days after notice thereof shall have been 2 Page 258 of 447 given by City to Contractor(or for a period of fourteen(14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; C. declare a default of this Contract,make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor,but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical 3 Page 259 of 447 insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk 4 Page 260 of 447 CITY OF WATERLOO Council Communication Demolition Services Contract D-2021-11-03P, for properties located at 1027 Sycamore Street, 325 W 13th Street, and 742 Grant Avenue. City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type ❑ Bid Tab Backup Material ❑ Demolition RFB Contract D-2021-11-31? Backup Material ❑ 1027 Sycamore St Detailed Report Backup Material ❑ 325 W 13th St Detailed Report Backup Material ❑ 742 Grant Av Detailed Report Backup Material ❑ Signed Contract Backup Material ❑ Certificate of Insurance Backup Material Motion to receive and file proof of publication of notice of public hearing HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. SUBJECT: Motion to receive, file and instruct the City Clerk to read bids. Resolution awarding bid to Lehman Trucking & Excavating, Inc., of Waterloo, Iowa, in the amount of$51,600, and approving the contract and certificate of insurance in conjunction with Demolition and Site Clearance Services Contract D-2021-11-03P, for properties located at 1027 Sycamore Street, 325 W. 13th Street and 742 Grant Avenue, 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 Summary Statement: Most of the properties were acquired through Iowa Code 657A, and have already been tested and abated for asbestos, and are now being demolished. Data/Analysis and Strategies: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Expenditure Required/Source of Unknown/Nuisance Abatement bonds (estimate is $22,000) Funds: Page 261 of 447 Demolition Services Cont. No. D-2021-11-3P October 21, 2021 Bid Tab Estimate: $22,000 Bidder Bid Security Bid Amount Whole Excavation LLC 5% $54,889 Hudson, IA Lehman Trucking & 5% $51,600 Excavating Waterloo, IA Page 262 of 447 CITY OF WATERLOO , IOWA Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos-containing materials (no RACM)] October 2021 RFB Demolition and Site Clearance Services Contract D-2021-11-03P 1027 Sycamore Street, 325 W 13th Street, and 742 Grant Avenue City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Page 263 of 447 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the (Non-RACM) demolition, removal, disposal and site clearance of 1027 Sycamore Street, 325 W 13th Street, and 742 Grant Avenue. All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday October 21, 2021 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container should be marked as noted below, and include the name of the company submitting the bid. 1.1 RFB Timeline Name of the Bid: Demolition and Site Clearance Services (Non-RACM) Demolition Contract D-2021-11-03P Notice of RFB Date: October 4, 2021 Mandatory Walk Thru Date: There will not be a mandatory walk thru Deadline for Bid Submittal: Thursday October 21, 2021 at 1:00 p.m., Central Time Submit Sealed Bid to: Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES - (NO-RACM) DEMOLITION CONTRACT D-2021- 11-03P. City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Aric Schroeder, City Planner/Project Manager (City's Representative) E-mail Address: aric.schroeder(a)waterloo-ia.org Phone: Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E4`Street, 1527 E4`Street,114 E 10" Street,and 105 E 11'h Street Page 2 of 27 Page 264 of 447 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday October 21, 2021, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's YouTube Cannel. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the award. The awarding of the Contract is anticipated to be at the City Council meeting on Monday November 1, 2021. The Waterloo City Council will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the project, and potentially award the Contract at 5:30 p.m. on November 1, 2021, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street. Any person interested may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection at the hearing. Contact the City Clerk's Office at 319-291-4323 or clerks@waterloo-ia.org with questions about speaking at a public hearing. 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject property. Any questions about the meaning or intent of the specifications must be submitted no later than seven days prior to the Deadline for Bid Submittal listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo as additional insured. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E 4"Street, 1527 E 4"Street,114 E 10" Street,and 105 E 11"Street Page 3 of 27 Page 265 of 447 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as an additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty-day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the Contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the Contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of the Contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E 4"Street, 1527 E 4"Street,114 E 10" Street,and 105 E 11"Street Page 4 of 27 Page 266 of 447 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, including references, and/or additional information as indicated, may result in disqualification by reason of"non responsiveness". SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for two (2) months, anticipated to be from November 1, 2021 to December 31, 2021. 3.0.2 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. 3.0.3 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.4 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E 4"Street, 1527 E 4"Street,114 E 10" Street,and 105 E 11"Street Page 5 of 27 Page 267 of 447 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.4 All work is to be done in strict compliance with this RFB and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services (no- RACM)for: 1027 Sycamore Street, 325 W 13th Street, and 742 Grant Avenue. 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the site. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E 4"Street, 1527 E 4"Street,114 E 10" Street,and 105 E 11"Street Page 6 of 27 Page 268 of 447 The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFB to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the Contract. This Contract includes three properties, including: 1027 Sycamore Street (a one story commercial structure), 325 W 13th Street (a one store single family home), and 742 Grant Avenue (a one and a half story single family home). Please note: 742 Grant is located in close proximity to the underground Dry Run Arch storm sewer system, and records indicate it has its sanitary sewer service connected to a sanitary sewer line located within the Arch. The Demolition Specifications (attached Exhibit "B") have special requirements to address protection of the Dry Run Arch and the sanitary sewer service disconnect. 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. SECTION V METHOD OF EVALUATION 5.0 Contract Award -Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators'judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E 4"Street, 1527 E 4"Street,114 E 10" Street,and 105 E 11"Street Page 7 of 27 Page 269 of 447 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. SECTION VI GENERAL TERMS AND CONDITIONS 1. LANGUAGE,WORDS USED INTERCHANGEABLY- advertised for Proposal opening, will be void regardless The word CITY refers to the CITY OF WATERLOO, of when they were mailed. IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person 7. HOLD HARMLESS AGREEMENT - The Contractor or company submitting an offer to sell its goods or agrees to protect, defend, indemnify and hold harmless services to the CITY, and CONTRACTOR refers to the the City of Waterloo, its officers and employees, their successful bidder. agencies and agents, from any and all claims and damages of every kind and nature made, rendered or 2. PROPOSER QUALIFICATIONS - No Proposal shall be incurred by or in behalf of every person or corporation accepted from, and no Contract will be awarded to, any whatsoever, including the parties hereto and their person, firm or corporation that is in arrears to the City employees that may arise, occur, or grow out of any upon debt or Contract, that is a defaulter, as surety or acts, actions, work or other activity done by the otherwise, upon any obligation to the City, or that is Contractor, its employees, subcontractors or any deemed irresponsible or unreliable by the City. If independent contractors working under the direction of requested, Proposers shall be required to submit either the Contractor or subcontractor in the satisfactory evidence that they have a practical performance of this Contract. knowledge of the particular supply/service proposal and that they have the necessary financial resources to 8. PROPOSAL REJECTION OR PARTIAL ACCEP- provide the proposed supply/service as described in this TANCE -The City reserves the right to reject any or all Request for Proposal. Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ accept in whole or in part such Proposals where it is OFFEROR-Any deviation from this specification MUST deemed advisable in protection of the best interests of be noted in detail, and submitted in writing in the the City. Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are 9. PROPOSAL CURRENCY/LANGUAGE - All proposal desirable or necessary.The absence of the specification prices shall be shown in US Dollars ($). All prices must deviation statement and accompanying specifications remain firm for the duration of the Contract regardless of will hold the Proposer strictly accountable to the the exchange rate. All proposal responses must be specifications as written herein. Failure to submit this submitted in English. document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for 10. PAYMENTS - Payments will be made for all delivery. If specifications or descriptive papers are goods/services delivered, inspected and accepted within submitted with Proposals, the Proposer's name should 45 days and on receipt of an original invoice and all be clearly shown on each document. necessary supporting documentation. 4. COLLUSIVE PROPOSAL - The Proposer certifies that 11. MODIFICATION, ADDENDA & INTERPRETATIONS - the proposal submitted by said Proposer is done so Any apparent inconsistencies, or any matter requiring without any previous understanding, agreement or explanation or interpretation, must be inquired into by connection with any person, firm, or corporation making the Proposer in writing at least 72 hours (excluding a proposal for the same Contract, without prior weekends and holidays) prior to the time set for the knowledge of competitive prices, and it is, in all Proposal opening. Any and all such interpretations or respects, fair, without outside control, collusion, fraud or modifications will be in the form of written addenda. All otherwise illegal action. addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature 5. SPECIFICATION CHANGES, ADDITIONS AND page. DELETIONS-All changes in Proposal documents shall be through written addendum. Verbal information 12. LAWS AND REGULATIONS - All applicable State of obtained otherwise will NOT be considered in awarding Iowa and federal laws, ordinances, licenses and of Proposals. regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, 6. PROPOSAL CHANGES - Proposals, amendments and are incorporated here by reference. thereto, or withdrawal requests received after the time RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E 4"Street, 1527 E 4"Street,114 E 10" Street,and 105 E 11"Street Page 8 of 27 Page 270 of 447 13. SUBCONTRACTING - No portion of this Proposal may of age, race, color, religion, sex, sexual orientation, be subcontracted without the prior written approval by gender identity, marital status, national origin, the City. citizenship status, disability, or veteran status. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or 18. TAXES-The City of Waterloo is exempt from sales tax proposal offers sent by electronic devices (e.g.facsimile and certain other use taxes.Any charges for taxes from machines) are not acceptable and will be rejected upon which the City is exempt will be deducted from invoices receipt. Proposing firms will be expected to allow before payment is made. adequate time for delivery of their proposal either by airfreight, postal service,or other means. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the 15. CANCELLATION-Either party may cancel the award in proposal shall become public documents and subject to the event that a petition, either voluntary or involuntary, Iowa Code Chapter 22,which is otherwise known as the is filed to declare the other party bankrupt or insolvent or "Iowa Open Records Law". By submitting any document in the event that such party makes an assignment for to the City of Waterloo in connection with a proposal, the benefit of creditors. the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers 16. ASSIGNMENT- Proposer shall not assign this order or and employees relating to the release of any document any monies to become due hereunder without the prior or information submitted. written consent of the City. Any assignment or attempt at assignment made without such consent of the City Each submitting party shall hold the City of Waterloo shall be void. and its officers and employees harmless from any claims arising from the release of any document or 17. EQUAL OPPORTUNITY - The successful firm agrees information made available to the City of Waterloo not to refuse to hire, discharge, promote, demote, or to arising from any proposal opportunity. otherwise discriminate in matters of compensation against any person otherwise qualified solely because RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2021-11-05P:928 Mulberry Street,1526 E 4"Street, 1527 E 4"Street,114 E 10" Street,and 105 E 11"Street Page 9 of 27 Page 271 of 447 EXHIBIT""A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for demolition and site clearance of the sites are, not to exceed: 1027 Sycamore Street $ 325 W 13th Street $ 742 Grant Avenue $ Total $ Total in written form: The correct summation of the actual bid tabulation figures will supersede the listed total, Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the Contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests for bid Page 272 of 447 EXHIBIT `B" CITY OF WATERLOO DEMOLITION SPECIFICATIONS DEMOLITION AND SITE CLEARANCE SERVICES—(NO-RACM) DEMOTION CONTRACT D-2021-11-03P 1027 Sycamore Street, 325 W 1311 Street, and 742 Grant Avenue PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Aric Schroeder, City Planner/Project Manager. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall: A. Remove and properly dispose of all trees (except for the 4 street trees in the right-of- way of Sycamore Street in front of 1027 Sycamore Street), structures, cement slabs, and driveways, trash, rubbish, basement walls, floors, foundations, steps,planters, retaining walls, fences,wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks (excluding public sidewalks in street right-of-way), driveways, and the like from the specified property. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury-containing materials including fluorescent, high-pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB-containing materials include capacitors, ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13`h Street,and 742 Grant Avenue. Page 11 of 27 Page 273 of 447 H. Complete the demolition work in accordance with the plans and these technical specifications. 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to acquire the necessary obstruction permits and to place adequate barricades and warning signs as required by the City. 2. Street or lane closures shall be coordinated with the appropriate City authority. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s)to prevent access to the public unless the City's Project Manager determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal openings wider than two inches. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include,but not be limited to: 1. The use of water or chemicals for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open-bodied trucks transporting materials likely to give rise to airborne dusts. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13`h Street,and 742 Grant Avenue. Page 12 of 27 Page 274 of 447 F. Requirements for the Reduction of Fire Hazards 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids, paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires: No fires of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Utilities: The Contractor shall not damage existing fire hydrants, streetlights, traffic signals,power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities, or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities,which are relocated at the Contractor's request for his convenience. All below-ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures,parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13th Street,and 742 Grant Avenue. Page 13 of 27 Page 275 of 447 within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property addresses will be included in the Contract Documents. Following execution of the Contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and Contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. The Contractor shall obtain a demolition permit issued by the City of Waterloo Building Inspections Department, which fee will be waived for demolition of City property. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13`h Street,and 742 Grant Avenue. Page 14 of 27 Page 276 of 447 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris,basement walls, foundations, steps,private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed in Part 2 B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees,permits and other expenses necessary to complete this work according to the plans and specifications. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the Contract after being notified by the City with a Notice to proceed on any given property or properties. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall be allowed to salvage materials from any property on this project. No salvaging shall occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third- party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor and the City of Waterloo, Iowa, its officers RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13th Street,and 742 Grant Avenue. Page 15 of 27 Page 277 of 447 and employees, shall be named as additional insured on the third-party salvager's general liability insurance policies and certificates of insurance 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building,whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, footings, slabs of basementless structures and floors, including that of garages, are required to be completely removed and shall be broken up and removed. The basement area is to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re-excavation of the basement area at the Contractor's expense. The City cannot provide verification regarding the area of the basements,but the Black Hawk County Assessor's detailed reports indicate that the two dwellings have a full basement, and indicate that the commercial building does not have a basement. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of removal of any such structures is incidental and shall be included in the lump-sum bid for demolition. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3:1 horizontal to vertical, or as directed by the City's Representative. E. Fences: Fences, guardrails,bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a Contract parcel and an improved non-Contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen. The Contractor shall protect any trees on adjacent RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13th Street,and 742 Grant Avenue. Page 16 of 27 Page 278 of 447 property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene,benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas-free when checked with a"Explosimeter"or another equally efficient instrument,before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials and incidental demolition debris shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under the Contract. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13`h Street,and 742 Grant Avenue. Page 17 of 27 Page 279 of 447 C. Tires,Household Hazardous Waste,White Goods and Electronics: Tires, household hazardous waste (HHW) (which includes propane tanks, paint, pesticides and other materials that are restricted items for disposal in municipal landfills),white goods (which include household appliances such as washers, dryers, refrigerators, stoves, dishwashers, heaters, hot water heaters, etc.) and electronics (e-waste)will be first segregated from the structures and transported to an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site prior to commencing demolition activity, the Contractor shall immediately notify the City's Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. D. Disposal of Demolition Debris and Solid Waste: I. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for entire project. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public, private property and public infrastructure. E. Asbestos Abatement: The structures have been tested and abated for asbestos containing materials (ACM). F. Freon Removal and Disposal: The handling of Freon-containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. 2.06 BACKFILL, GRADING,AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13th Street,and 742 Grant Avenue. Page 18 of 27 Page 280 of 447 placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. All backfill shall be adequately compacted so as to minimize soil settling. Please note: 325 W 13th Street is anticipated to be immediately redeveloped and therefore has special compaction requirements. The Contractor shall compact all backfilled areas of 325 W 13th street to a minimum of 95% compaction. The City of Waterloo will hire a separate company to oversee and ensure proper compaction. This will include sampling and testing of the proposed backfill material before it is placed and compacted, and sampling and testing during and after completion of compaction. Failure of the site to pass minimum compaction requirements could require that the material be re-excavated and/or re-compacted. C. Additional Fill Material: All additional fill material shall be of equal quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. F. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control (seeding) that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer, and straw mulch. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13`h Street,and 742 Grant Avenue. Page 19 of 27 Page 281 of 447 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials,rubbish,wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with public and private utility companies for disconnection of services, including,but not limited to, water, sewer, electricity, natural gas, cable television, phone and internet. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins (except as noted below) and plugged in conformance with requirements of the City. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may contact the Waterloo Building Inspections Department for requirements to comply with this specification. Please note: 742 Grant Avenue is located in very close proximity to the Dry Run Arch storm sewer system, and records indicate it has its sanitary sewer service connected to a sanitary sewer line located within the Arch. The disconnection of the sanitary sewer service shall be in accordance with the additional specifications noted in the Special Provisions, Section 2.17. The sanitary sewer service for 742 Grant Avenue will not be disconnected until after the demolition of the house and removal of the basement. Building Inspections shall issue the demolition permit subject to the sanitary sewer service disconnect being completed after demolition. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. C. Backfill and Compaction: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right-of-Way: All areas within the public right-of-way(including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13`h Street,and 742 Grant Avenue. Page 20 of 27 Page 282 of 447 2.08 EROSION CONTROL During demolition activities, Contractor shall control off-site vehicle track out(stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40%Berkshire Hard Fescue 30% Treasure Chewing Fescue 30%Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. Once vegetation is established to stabilize the soil,the Contractor shall remove all temporary erosion control measures. City's Representative may approve alternate seeding blends that are deemed equally acceptable as determined by the City. For any sites over one acre of disturbance: 1. All of the above requirements shall be met, and 2. Contractor shall develop a Storm Water Pollution Prevention Plan(SWPPP) and obtain necessary approvals/permits from the City and State. 3. Contractor shall contact the Waterloo Engineering Department for pre-disturbance inspection prior to land disturbance, and for post-disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13`h Street,and 742 Grant Avenue. Page 21 of 27 Page 283 of 447 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT I. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pick up any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies the disposal site (Black Hawk County Landfill—refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste)to which the materials were delivered. Such tickets shall be required to process billing statements by the Contractor. 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the Project Planner who will in turn notify the City. The City will then inform the State Historical Society of Iowa(SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a "not to exceed"basis. Change orders, additions, deletions and any other changes in the scope of work,will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13`h Street,and 742 Grant Avenue. Page 22 of 27 Page 284 of 447 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 2.17 SPECIAL PROVISIONS 742 Grant Avenue is in very close proximity to the Dry Run Arch storm sewer system. Dry Run Arch is a concrete and brick arch, approximately 12 feet wide and 15 feet tall, built in 1902. In 1949 twin 21" diameter sanitary sewers were installed inside the arch and a number of individual sanitary sewer services were connected into the sanitary sewers. It appears that 742 Grant Avenue has been connected into one of these sanitary sewers. Please see the Waste Management report included at the end of this special provision. 742 Grant Avenue also appears to be approximately 12.5' or less from the edge of the Dry Run Arch. Please see the map included at the end of this special provision. The Contractor will contact the Waterloo Engineering Department 48 hours prior to beginning demolition so that the location of the Dry Run Arch and the sanitary sewer service to 742 Grant Avenue can be approximately marked in the field. The locations, as marked in the field, are intended to be a reference for the contractor so that they have a general idea of where these items are and are not intended to be an exact location of the arch or the sewer service. The Contractor will exercise extreme caution while removing the basement walls and floor and capping the sanitary sewer service of 742 Grant Avenue so as not do damage the Dry Run Arch. The Contractor will coordinate with Waterloo Engineering Department staff and Waste Management staff to be on site during the removal of the basement and capping of the sanitary sewer service. Waste Management staff will be inside the Dry Run Arch and will work with the Contractor to verify the service to be capped. The Contractor will cut the service on the outside of Dry Run Arch and then fill the service with concrete. The service shall be filled through the arch wall and into the elbow of the sanitary sewer service. The sewer service piping inside Dry Run Arch will remain in place. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13`h Street,and 742 Grant Avenue. Page 23 of 27 Page 285 of 447 � 11; __ .I, ...j.. ,,-;I-"-_,,1.-...�.:_ ....-.� .... .1��� .:-..; � ..; - .1 _; � - '.�i, " ." .e_�- ,"il,07�,-� I --- '.. 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F � ��,�_t_'�I - A. - ': ____ - rl�177'15� ,� 7 - gx r____�_,t_____1 T I I - � -, , ,�_ 1A : = 112 I I - 2� - -, I-1 i A'4a' ' , i, .� ,�,�, �',, I �,L i - "_., ,* %M?" 11� I � .- ,� , -I; 1:71 1 . �_t44_.�I!�,_�_ !.;_ Ic-F _�i. - IT,T - I , ,", - - Im"n-_75 I I�1 _ I'M . ,I-1 �-:,� _c=EH:-_-:==.'_,- _,_;�_=�=,I,�_ , -- - ,- � -� I 9 i_1 - I wl" 1,� �-''i--, -1 - m - --`����-,__�_, . ,� .. . -n-��, --- _�--- - - � " N I - , I I,W__IWERR W11 E - - . - - �_ �1_,?W_-_�..��_-,� ___.9�_ _.-��--,1_&_-�11-.-Ill=- - _ � - -1 -_ �=T_____-_-_- _Z,_-__z .- -_re.v-_ ��_��===i:�"-_.��_�W- - - -- --. -,- =�- mqpw CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 • MEMORANDUM From: CMOM Team, City of Waterloo Waste Management Services Department Date: September 23,2021 RE: Liberty Arch and 742 Grant Avenue WMSD performed its annual inspection of the Liberty Tunnel on April 2, 2021. Based off the rough map for the tunnel, the service lateral for 742 Grant Avenue is estimated to be located between 2870' and 2970'. These are the notes from the most recent inspection for east side of the tunnel at that approximate location. Liberty Tunnel Inspection April 2, 2021 Area of 742 Grant Ave Distance Observation Position Type Notes Approximate Location (Ft) (O'clock) 2777 Flapgate 9 SAN 2910 Leaking in 21"Joint 9 SAN 700 Blk Grant/900 Blk W 7th 2941 Lateral 9 SAN 700 Blk Grant/900 Blk W 7th 2972 8" Line 9 SAN Plugged 700 Blk Grant/900 Blk W 7th 2992 Flapgate 9 SAN 700 Blk Grant/900 Blk W 7th 2997 15" Line 9 ST The laterals in this section and vicinity are either tapped into the 21" sanitary main or if connected directly to the tunnel is capped/appear abandoned. The lateral at 2941' taps into the 21" main and is likely the service for 742 Grant Ave. r Page 287 of 447 1� � ..- � St. ado. of BZW. . -®4mer - � � Add 6 y b dough bv Y nsnt Data d —Fi ni sh b Ins t o Baty R elease Card No. Bate I. Clos. . Fount Cee�.t ' Urinal G- U3��na1 Sink z �_stC. Drain S. Foust B. Tkrap Bath < b2b Pember°. S. T Cay, Sl. �Io ,Cx°. i R. Boll 1,:�,., Sewer Ar-G - - Oe- 4 7 ,I � 1 4--c �o�--sures Page 288 of 447 89 326 0800 720 GRANTAVE MH#200461 s - _ r .h 891326407013 �. 731YGRAeAVE w+: Feet 9L 5 724 89132640800 _YGANTR..... ,.AV,E MH#23142 „ ,. ✓ CO i m i µ" a ♦ xYf 891326408006 cj(e r+r VO �r�! 891326411009 802 GRANTAVE 891326411006 740`GRANTAVE w �s R �► MH#200462 * 8 9132641 1010 r 808 GRANTAVE ' �.� 891326411007 891326411005 742 GRANT,AVE 905 W 6TH ST ' * F891326411008 891326411004 ' ' '� 845 W 6TH ST 907eW 6TH ST 891326411003 �" ` 915 W'6THIT 891326411022 , 891326411012 w `w - '' - 891326411014 Page 289 of 447 II ' 918 W 7TH ST "ro ,,� o�r 01 . ell, , ALL fiv CPP 4 A r �IN t.. 4 w CA tj �1 Page 290 of 447 Exhibit"C" CONTRACT D-2021-11-03P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No Regulated Asbestos Containing Materials (No RACM)] 1027 Sycamore Street, 325 W 13th Street, and 742 Grant Avenue This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of November 1, 2021 by and between the City of Waterloo, Iowa ("City") and . ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of November 1, 2021 thru December 31, 2021, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFB response. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda(if any) c. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13`h Street,and 742 Grant Avenue. Page 24 of 27 Page 291 of 447 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13`h Street,and 742 Grant Avenue. Page 25 of 27 Page 292 of 447 b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance,pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 1913, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable,whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13th Street,and 742 Grant Avenue. Page 26 of 27 Page 293 Of 447 written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES(no RACM)Contract D-2021-11-03P: 1027 Sycamore Street,325 W 13`h Street,and 742 Grant Avenue. Page 27 of 27 Page 294 of 447 Beacon - Black Hawk County, IA-Report: 891325137011 Page I of 4 Beaco nTM Black Hawk County, IA Summary Parcel ID 891325137011 Alternate ID Property Address 1027SYCAMOREST WATERLOO IA 50703 Sec/Twp/Rng N/A Brief Tax Description ORIGINAL PLAT WATERLOO EAST SE 40 FT LOT 9 BLK 18 i. (Note:Not to be used on legal documents) s ' - n - Deed Book/Page 2015-000059(7/1/2014) Contract Book/Page Gross Acres 0.00 - Net Acres 0.00 Adjusted CSR Pts 0 Class C-Commercial (Note:This is for assessment purposes only.Not to be used for zoning.) District 940001-WATERLOO CITY/WATERLOO SCH School District WATERLOO COMMUNITY SCHOOLS Owner/Mail to information Deed Holder Contract Holder Mailing Address City Of Waterloo City Of Waterloo ATTN:FINANCE DEPARTMENT 715 Mulberry St 715 Mulberry St Waterloo IA 50703 Waterloo IA 50703 Sales Multi Date Seller Buyer Recording Sale Condition-NUTC Type Parcel Amount 6/30/2014 RANDSCOMMERCIAL CITYOF 2014- SALE TO/BY GOVERNMENT/EXEMPT Deed $91,000.00 LLC WATERLOO 00000059 ORGANIZATION 7/14/1994 311-976 PROPERTY WITH DUAL CLASSIFICATION- Contract $5,000.00 PRIOR 09 O+ Show There are other parcels involved in one or more of the above sales: Land Lot Dimensions Regular Lot:40.00x60.00 Lot Area 0.06 Acres;2,400 SF (Note:Land sizes used for assessment purposes only.This is not a survey of the property) Commercial Buildings Building 1: Warehouse(Storage),Solid Brick-8"/Vinyl-Frame/Wood-Frame,1 Story,Built-1912,2360 SF,Bsmt-0 SF, HVAC-Suspended Unit Heater(Gas)/Combination FHA-AC,Roof-3-Ply Compo/Wood Deck,Condition-Above Normal Adjustments: Office-internal with Heat&A/C,904 SF Plumbing: 2-Toilet Room Building Extras: #1-Door,O.H.-Door-Power,9 Ft Wide,10 Ft High,1998,Qty1 Permits Permit# Date Description Amount WA 08526 10/10/2008 Siding 2,000 WA 1860 08/09/2000 Garage 7,488 1369 07/06/1998 Ext-Remodel 1,800 Valuation 2021 2020 2019 2018 2017 Classification Commercial E E E E + Assessed Land Value $2,400 $2,400 $2,400 $2,400 $2,400 + Assessed Building Value $39,770 $39,770 $39,770 $39,770 $39,770 + Assessed Dwelling Value $0 $0 $0 $0 $0 Gross Assessed Value $42,170 $42,170 $42,170 $42,170 $42,170 Exempt Value ($42,170) ($42,170) ($42,170) ($42,170) ($42,170) Net Assessed Value $0 $0 $0 $0 $0 Page 295 of 447 https:/ibeacon.schneidercorp.com/Application.aspx?AppID=1 I 10&LayerlD=27 72 9&Page... 10/4/2021 Beacon - Black Hawk County, IA-Report: 891325137011 Page 2 of 4 2020 2019 2018 2017 Pay 2021-2022 Pay 2020-2021 Pay 2019-2020 Pay 2018-2019 + Taxable Land Value $0 $0 $0 $0 + Taxable Building Value $0 $0 $0 $0 + Taxable Dwelling Value $0 $0 $0 $0 Gross Taxable Value $0 $0 $0 $0 Military Credit $0 $0 $0 $0 = Net Taxable Value $0 $0 $0 $0 x Levy Rate(per$1000 ofvalue) 40.15223 40.46092 39.49347 40.08430 Gross Taxes Due $0.00 $0.00 $0.00 $0.00 Ag Land Credit $0.00 $0.00 $0.00 $0.00 Family Farm Credit $0.00 $0.00 $0.00 $0.00 Homestead Credit $0.00 $0.00 $0.00 $0.00 Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 Business Property Credit $0.00 $0.00 $0.00 $0.00 = Net Taxes Due $0.00 $0.00 $0.00 $0.00 Tax History Year Due Date Amount Paid Date Paid Receipt 2020 March 2022 $0 No 343338 September 2021 $0 No 2019 March 2021 $0 No 203219 September 2020 $0 No 2016 March 2018 $0 No 048874 September 2017 $36 Yes 2/28/2018 2016 March 2018 $484 Yes 2/28/2018 048874 September 2017 $484 Yes 2/28/2018 Pay Property Taxes Click here to pav property taxes for this parcel. Photos T Sketches Page 296 of 447 https:/ibeacon.schneidercorp.com/Application.aspx?AppID=1 I 10&LayerlD=27 72 9&Page... 10/4/2021 Beacon - Black Hawk County, IA-Report: 891325137011 Page 3 of 4 40 91-1S B BRK ------ [2360] 58 ------------------- OFFICE Sketch byw wxamavisian.com Show Deed/Contract Show Deed/Contract Map 1 Polling Location View Polling Location Page 297 of 447 https:/ibeacon.schneidercorp.com/Application.aspx?AppID=1 I 10&LayerlD=27 72 9&Page... 10/4/2021 e r .4 ,i w N W�E Cit LJ of Waterloo,Iowa S ® Page 298 of 447 Beacon - Black Hawk County, IA - Report: 891325377011 Page 1 of 4 BeaconTMBlack Hawk County, IA Summary Parcel ID 891325377011 ;' Alternate ID Property Address 325 W 13TH ST \ WATERLOO IA 50702 Sec/Twp/Rng N/A Brief ANTHONY BAKERS ADDITION NE 46 FT LOT 6 BLK 56 NE 46 FT LOT 7\ Tax Description BLK 56 NE 46 FT LOT 8 BLK 56 ; (Note:Not to be used on legal documents) Deed Book/Page 2020-012294(1/9/2020) Contract Book/Page Gross Acres 0.00 I J Net Acres 0.00 Adjusted CSR Pts 0 y> Class R-Residential T l' nllrr (Note:This is for assessment purposes only.Not to be used for zoning.) District 940001-WATERLOO CITY/WATERLOO SCH z-kil School District WATERLOO COMMUNITY SCHOOLS Owner/Mail to information Deed Holder Contract Holder Mailing Address City Of Waterloo City Of Waterloo ATTN:FINANCE DEPARTMENT 715 Mulberry St 715 Mulberry St Waterloo IA 50703 Waterloo IA 50703 Sales Multi Date Seller Buyer Recording Sale Condition-NUTC Type Parcel Amount 12/18/2019 ROOFF,RUTHANNE CITYOF 2020- SALE TO/BY GOVERNMENT/EXEMPT Deed Y $96,000.00 E WATERLOO 00012294 ORGANIZATION 11/23/1987 596-251 COURT ORDERED SALE-PRIOR 09 Deed $10,000.00 O+ Show There are other parcels involved in one or more of the above sales: Land Lot Dimensions Regular Lot:46.00x 180.00 Lot Area 0.19 Acres;8,280 SF (Note:Land sizes used for assessment purposes only.This is not a survey of the property) Residental Dwellings Residential Dwelling Occupancy Single-Family/Owner Occupied Style 1 Story Frame Architectural Style N/A Year Built 1951 Exterior Material Wd Lap Total Gross Living Area 728 SF Attic Type None; Number of Rooms 4 above;0 below Number of Bedrooms 2 above;0 below Basement Area Type Full Basement Area 728 Basement Finished Area Plumbing 1 Shower Stall Bath-3; Central Air No Heat Yes Fireplaces Porches Decks Fbgls/Mtl Roof(60 SF); Additions Garages 280 SF(14F W x 20F L)-Det Frame(Built 1951); Page 299 of 447 https://beacon.schneidercorp.com/Application.aspx?ApplD=l I IO&LayerlD=27729&Page... 10/4/2021 Beacon - Black Hawk County, IA-Report: 891325377011 Page 2 of 4 Permits Permit# Date Description Amount FC 02/11/2020 Demo/Rmvl 0 WA 05303 08/15/2011 Misc 300 WA 08260 11/05/2010 Furnace 1,715 WA 02278 05/27/2010 Windows 450 Valuation 2021 2020 2019 2018 2017 Classification Residential E Residential Residential Residential + Assessed Land Value $8,690 $3,730 $3,730 $3,730 $3,730 + Assessed Building Value $0 $0 $0 $0 $0 + Assessed Dwelling Value $32,410 $38,310 $38,310 $44,200 $44,200 = Gross Assessed Value $41,100 $42,040 $42,040 $47,930 $47,930 Exempt Value ($41,100) ($42,040) $0 $0 $0 = Net Assessed Value $0 $0 $42,040 $47,930 $47,930 Taxation 2020 2019 2018 2017 Pay 2021-2022 Pay 2020-2021 Pay 2019-2020 Pay 2018-2019 + Taxable Land Value $0 $2,054 $2,123 $2,075 + Taxable Building Value $0 $0 $0 $0 + Taxable Dwelling Value $0 $21,099 $25,158 $24,584 Gross Taxable Value $0 $23,153 $27,281 $26,659 Military Credit $0 $0 $0 $0 Net Taxable Value $0 $23,153 $27,281 $26,659 x Levy Rate(per$1000 of value) 40.15223 40.46092 39.49347 40.08430 Gross Taxes Due $0.00 $936.79 $1,077.42 $1,068.00 Ag Land Credit $0.00 $0.00 $0.00 $0.00 Family Farm Credit $0.00 $0.00 $0.00 $0.00 Homestead Credit $0.00 $0.00 $0.00 $0.00 Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 Business Property Credit $0.00 $0.00 $0.00 $0.00 = Net Taxes Due $0.00 $936.79 $1,077.42 $1,068.00 Tax History Year Due Date Amount Paid Date Paid Receipt 2020 March 2022 $0 No 308542 September 2021 $0 No 2019 March 2021 $468 Yes 258808 September 2020 $468 Yes 8/19/2020 2018 March 2020 $539 Yes 1/10/2020 050128 September 2019 $539 Yes 10/1/2019 2017 March 2019 $534 Yes 4/1/2019 050128 September 2018 $534 Yes 10/1/2018 2016 March 2018 $550 Yes 3/16/2018 050128 September 2017 $550 Yes 9/29/2017 Pay Property Taxes Click here to oav orooertytaxes for this parcel. Photos Page 300 of 447 https:/ibeacon.schneidercorp.com/Application.aspx?AppID=1 I 10&LayerlD=27 72 9&Page... 10/4/2021 Beacon - Black Hawk County, IA - Report: 891325377011 Page 3 of 4 �r I-A LmW Sketches 20 FBGLS+MTL RF 1S B FR(MAIN) [60] [726] 110 26 Sbach by w".camav isian.com Show Deed/Contract Show Deed/Contract Page 301 of 447 https://beacon.schneidercorp.com/Application.aspx?ApplD=l I IO&LayerlD=27729&Page... 10/4/2021 tv r - - r r � t s 411 4 218 � N W�E Cit LJ of Waterloo,Iowa S Page 302 of 447 Beacon - Black Hawk County, IA - Report: 891326411007 Page 1 of 4 VC4.1 Ph Beacon Black Hawk County, IA Summary Parcel ID 891326411007 -LL Alternate ID Property Address 742 GRANT AVE 1,� WATERLOO IA 50702 " Sec/Twp/Rng N/A j Brief Tax Description JOHNSONS ADDITION SE 65 FT LOT 1 BLK 5 / (Note:Not to be used on legal documents) _ Deed Book/Page 202100013494(12/28/2020) Contract Book/Page — , Gross Acres 0.00 t � NetAcres 0.00 Adjusted CSR Pts 0 Class R-Residential (Note:This is for assessment purposes only.Not to be used for zoning.) District 940001-WATERLOO CITY/WATERLOO SCH _ School District WATERLOO COMMUNITY SCHOOLS ,. Owner/Mail to information Deed Holder Contract Holder Mailing Address City Of Waterloo City Of Waterloo 715 Mulberry St 715 Mulberry St Waterloo IA 50703 Waterloo IA 50703 Sales Multi Date Seller Buyer Recording Sale Condition-NUTC Type Parcel Amount 7/27/2004 WILHELMS,IRVINL JOHNSON,DAVIDM 35000 NORMAL ARMS-LENGTH TRANSACTION-PRIOR 09 Deed $35,000.00 10/31/1992 303-683 SALE BETWEEN FAMILY MEMBERS-PRIOR 09 Contract $17,500.00 Land Lot Dimensions Regular Lot:65.00 x 60.00 Lot Area 0.09 Acres;3,900 SF (Note:Land sizes used for assessment purposes only.This is not a survey of the property) Residental Dwellings Residential Dwelling Occupancy Single-Family/Owner Occupied Style 1 Story Frame Architectural Style N/A Year Built 1890 Exterior Material Alum Total Gross Living Area 922 SF Attic Type 1/2 Finished;202 SF Number of Rooms 5 above;0 below Number of Bedrooms 2 above;0 below Basement Area Type Full Basement Area 720 Basement Finished Area Plumbing 1 Standard Bath-3 FI; Central Air No Heat Yes Fireplaces Porches 1S Frame Enclosed(96 SF); Decks Additions 1 Story Frame(144 SF)(144 Bsmt SF); Garages Permits Permit# Date Description Amount WA 08023 12/31/2011 Roof 2,500 WA 2950 01/24/2006 Roof 310 Page 303 of 447 https://beacon.schneidercorp.com/Application.aspx?ApplD=l I IO&LayerlD=27729&Page... 10/4/2021 Beacon - Black Hawk County, IA-Report: 891326411007 Page 2 of 4 Valuation 2021 2020 2019 2018 2017 Classification Residential Residential Residential Residential Residential + Assessed Land Value $7,660 $6,050 $6,050 $6,050 $6,050 + Assessed Building Value $0 $0 $0 $0 $0 + Assessed Dwelling Value $29,370 $26,700 $26,700 $26,700 $26,850 = Gross Assessed Value $37,030 $32,750 $32,750 $32,750 $32,900 Exempt Value ($37,030) $0 $0 $0 $0 = Net Assessed Value $0 $32,750 $32,750 $32,750 $32,900 Taxation 2020 2019 2018 2017 Pay 2021-2022 Pay 2020-2021 Pay 2019-2020 Pay 2018-2019 + Taxable Land Value $3,413 $3,332 $3,444 $3,365 + Taxable Building Value $0 $0 $0 $0 + Taxable Dwelling Value $15,061 $14,705 $15,197 $14,934 Gross Taxable Value $18,474 $18,037 $18,641 $18,299 Military Credit $0 $0 $0 $0 Net Taxable Value $18,474 $18,037 $18,641 $18,299 x Levy Rate(per$1000 of value) 40.15223 40.46092 39.49347 40.08430 Gross Taxes Due $741.77 $729.79 $736.20 $733.00 Ag Land Credit $0.00 $0.00 $0.00 $0.00 Family Farm Credit $0.00 $0.00 $0.00 $0.00 Homestead Credit $0.00 $0.00 $0.00 $0.00 Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 Business Property Credit $0.00 $0.00 $0.00 $0.00 = Net Taxes Due $741.77 $729.79 $736.20 $733.00 Tax History Year Due Date Amount Paid Date Paid Receipt 2020 March 2022 $371 Yes 338275 September 2021 $371 Yes 2019 March 2021 $365 Yes 234618 September 2020 $365 Yes 2018 March 2020 $368 Yes 052297 September 2019 $368 Yes 2017 March 2019 $367 Yes 052297 September 2018 $367 Yes 2016 March 2018 $280 Yes 3/6/2018 052297 September 2017 $280 Yes 9/25/2017 Pay Property Taxes Click here to oav orooerty taxes for this oarcel. Photos All, = Page 304 of 447 https:/ibeacon.schneidercorp.com/Application.aspx?AppID=1 I 10&LayerlD=27 72 9&Page... 10/4/2021 Beacon - Black Hawk County, IA - Report: 891326411007 Page 3 of 4 LFR 1S B A FR[MAIN] [576] 24 24 1S FR EP $ [86] 12 Sbetch by wm.camav isian.com Show Deed/Contract Show Deed/Contract Map f 1, r Polling Location View Polling Location Page 305 of 447 https://beacon.schneidercorp.com/Application.aspx?ApplD=l I IO&LayerlD=27729&Page... 10/4/2021 •4 4 F14 — a 2 0 ALF 5� a r lr . 1v '•Y f t - t ism � _. "- ;1�_ .• ... N Ilk Ilk W�E Citi] of Waterloo, Iowa S Page 306 of 447 CONTRACT D-2021-11-03P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No Regulated Asbestos Containing Materials (No RACM)] 1027 Sycamore Street, 325 W 13th Street, and 742 Grant Avenue This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of November 1, 2021 by and between the City of Waterloo, Iowa ("City") and Lehman Trucking & Excavating INC ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of November 1, 2021 thru December 31, 2021, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFB response. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda(if any) c. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $51,600 as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. Page 307 of 447 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; Page 2 of 4 Page 308 of 447 b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance,pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 1913, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable,whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as Page 3 of 4 Page 309 of 447 written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA LEHMAN TRUCKING & EXCAVATING INC By: 6 .Lluw'a . Quentin Hart, Mayor Jacob Lehman Attest: Kelly Felchle, City Clerk Page 4 of 4 Page 310 of 447 74/26/2021 (MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Paige Shanks PDCM Insurance PHONE FAX P.O. Box 2597 AIC No Ext): 319-234-8888 A/c No):319-234-7702 E-MWaterloo IA 50704 ADDRESS: pshanks@pdcm.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:West Bend Mutual Insurance Co. 15350 INSURED LEHMTRU-01 INSURER B: Lehman Trucking&Excavating, Inc. 1422 Ashland Avenue INSURERC: Waterloo IA 50703 INSURER D, INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:636441032 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y 0988676 5/7/2021 5/7/2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑X PRO- ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 JECT OTHER: $ A AUTOMOBILE LIABILITY 0988676 5/7/2021 5/7/2022 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED (Pe accident)ETYDAMAGE $ AUTOSA X UMBRELLA LIAB X OCCUR 0988676 5/7/2021 5/7/2022 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION$0 $ A WORKERS COMPENSATION 0988677 5/7/2021 5/7/2022 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Waterloo is an additional insured under the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Waterloo ACCORDANCE WITH THE POLICY PROVISIONS. 715 Mulberry Community Development Board AUTHORIZED REPRESENTATIVE Waterloo IA 50703 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Page 311 of 447 CITY OF WATERLOO Council Communication FY 2022 11th Street(BRM-CHBP-8155(770)--NB-07) and Park Avenue Bridge (BRM-CHBP-8155(771)-- NB-07) Replacements, Contract 1013. City Council Meeting: 11/1/2021 Prepared: 10/6/2021 Motion to receive and file proof of publication of notice of public hearing_ SUBJECT: HOLD HEARING-No comments on file. Motion to close hearing and receive and file oral and written comments. Submitted by: Submitted By:Wayne Castle, PLS. PE.Associate Engineer Page 312 of 447 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Magellan Advisors, LLC, for the Design Engineering and Permitting of a Fiber-Optic network to the Home in the amount of$2,449,452, and authorizing the Mayor to execute said document. City Council Meeting: 11/1/2021 Prepared: 10/12/2021 ATTACHMENTS: Description Type ❑ Magellan Design Agmt FTTH Backup Material Resolution approving a Professional Services Agreement with Magellan SUBJECT: Advisors, LLC, for the Design Engineering and Permitting of a Fiber-Optic network to the Home in the amount of$2,449,452, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Recommended Action: Approval. The City is requesting to enter into a Professional Services Agreement with Summary Statement: Magellan Advisors, LLC to complete the design of a Fiber to the Home Network. Magellan Advisors has designed the city's fiber backbone to sanitary and Implementation,Accountability, storm water lift stations throughout the city and is also working on the design and Communication: of additional backbone that will connect other city facilities. This contract will design the fiber network needed to connect all parts of the city to a fiber system. Page 313 of 447 PROPOSAL CITY OF WATERLOO J ,,tog Fiber-Optic OSP Design, Engineering and Permitting Waterloo Communications Utility FTTH Prepared for: Prepared by: City of Waterloo, Iowa Courtney Violette Magellan Advisors cviolette@magellan-advisors.com 386-931-3520 www.magellan-advisors.com ma-aellan,a6 ADVISORS •R ' '.•- 314 of Mage//an ADV/SORB ABOUT MAGELLAN ADVISORS Magellan Advisors is the leading turnkey engineering firm specializing in broadband deployment for municipalities, utilities and cooperatives. We specialize in building fiber to the home networks for local governments across the US. With over 16 years in business and over 400 municipal clients, Magellan provides turnkey broadband deployment services to build networks that enhance communities and make them competitive in the digital economy. Our combination of unmatched broadband, telecom, business and operational experience creates actionable strategies that communities use to realize their broadband objectives. We have led the planning, funding, construction, and management of over 50 fiber-to-the-premise networks passing over 1 million homes and connecting more than 1,000 schools, hospitals, government offices and community organizations. Our work has resulted in over $1 billion in new broadband investments nationwide. Magellan has helped more communities successfully plan, implement and manage gigabit broadband networks than any other firm in the market. © 0 WA �4 1 t r i Muni & Community Homes with Fiber In New Broadband Utility Clients Networks Built Broadband Investments We maintain experts across all aspects of developing networks, from feasibility studies, financial planning and grant development, to engineering design, project and construction management, to operations and management of live broadband networks. Our staff is composed of broadband, telecom, government and utility professionals that have been on the front lines of deploying fiber and wireless services for over a decade. Our turnkey services allow our clients to maintain a single partner that fulfills every aspect of planning and deploying next generation infrastructure, with seasoned experts guiding their deployments every step of the way. Our success is based on our clients' success and we have managed the deployment of over 50 communications and broadband networks across the US. In every case, these networks are performing to plan, meeting financial goals and achieving community needs. 2021 MAGELLAN ADVISORS PAGE 2 OF 21 WWW.MAGELLAN-ADVISORS.COM Page 315 of 447 Mage//an ADV/SORB OUR TURNKEY MUNICIPAL BROADBAND SOLUTIONS (2) IF M rL\%l Broadband Feasibility Studies Grants & Funding Design Engineering Planning Honest,unbiases and independent Funding strategy,grant writing and Cutting edge fiber and broadband Fiber master plans,business plans advice from the firm that has more compliance for all major federal engineering to connect more sites, and implementation roadmaps experience implementing fiber and and state fiber and broadband more devices and more customers that give you real-world guidance broadband networks. grant programs. at the speed of light. and results you can count on when deploying fiber and broadband. Learn more Learn more-4 Learn more Learn more-4 o g Turnkey Construction Network Retail ISP Services Implementation Management Management LightSpeed,powered by Magellan A singie,trusted partner to We manage the entire We take the heavy lift out of Advisors serves your community manage your entire network construction process to ensure managing fiber and broadband with fast,reliable and affordable implementation,with over 50 fiber your fiber and broadband networks by providing centralized internet services,built on a culture and broadband deployed networks networks are built to specification resources to provide monitoring, of delivering superior service. across the U5. and your construction standards tech support and emergency are followed,while minimizing repairs. Learn more-+ Learn more-4 impact to the community. Learn more Learn more-+ 2021 MAGELLAN ADVISORSOF • • • Page 316 of 447 W Z 5 V7 ¢ W l7 _0 _ Z W Z Z ¢ t Q J N J W Q Z 2 Z d d 6 N W m 0 6 Z 0 Q Ca Y W 1A Z > Z Z tA Z u Z dJ Z ¢ Z W 1 0 p vi ¢ QZ Q u 'n y C W ¢ Kix Z W 1' 0 Q y J 0 LL LL m m W a a u Z N 0 N m City of Hillsboro Newport Utilities City of Portsmouth City or Rancho Cucamonga City of Mont Belvieu City of Mission Viejo City of Ventura City of Oxnard City of La Mesa City of Chula Vista City of Hayward City of Alameda City of Inglewood City ofWoodland City ofWinters City ofWest Sacramento Johnson City Energy Authority City of Waterloo City of Missoula City of New Braunfels City of College Station City of Santa Ana City ofWalla Walla City of Centennial City of Loveland Indianola Municipal Utilities Lenoir City Utilities City of Chesapeake 2021 MAGELLAN ADVISORS PAGE 4 OF 21 WWW.MAGELLAN-ADVISORS.COM Mage//an ADV/SORB YOUR DEDICATED ENGINEERING DESIGN TEAM COURTNEY VIOLETTE Project Executive: Strategy & Fulfillment Courtney has led over 100 municipal broadband planning and implementation projects across the country. He is a Certified Fiber-To- The-Home Professional and holds several technical certifications in broadband, information technology and information security. Prior to joining Magellan, he spent six years as the CIO for the City of Palm Coast. During this time, he planned and built the first true City-owned open-access network in the Southeast. Through his leadership, the network grew to serve government, business, education and healthcare needs across the City, saving these organizations millions of dollars and providing gigabit connectivity to meet the community's needs. Courtney holds an MA in Information Technology Management and a BS in Computer Science from Webster University. COLE HENKLE Team Lead: Broadband Design Engineering Cole has a decade of experience managing large broadband designs. He manages the full life cycle of engineering projects from inception to completion, managing all permitting activities and personnel in local and remote locations. He has direct experience working with major carriers, municipalities and regional governments on regional fiber and broadband deployments across the US, some of which include Google Fiber, Verizon and the Cities of Hillsboro, OR, Chesapeake, VA, Portsmouth, VA, Boulder, CO, and Ann Arbor, MI. Mr. Henkle lead the City of Hillsboro design engineering project, with 100 miles of fiber backbone and 5,000 homes designed and built to date. 2021 MAGELLAN ADVISORS PAGE 5 OF 21 WWW.MAGELLAN-ADVISORS.COM Page 318 of 447 Mage//an ADV/SORB JOHN WILLIAMS P.E. Broadband Professional Engineer John uses a pragmatic approach to building networks. He has worked s �r his entire career in municipal broadband since he has graduated from - , Tennessee Tech Engineering School in 2004. He has built multiple successful FTTH projects from the ground up, including the planning, engineering, construction and implementation of services for systems covering 50,000 homes. He has also worked in sales engineering, supporting a sales team focused on municipal broadband deployments across the US. SHAWN MORRIS Broadband Designer Shawn has more than seven years of experience designing, and coordinating fiber projects and has additional experience in the ' architecture design industry. Most recently, Shawn has contributed towards multiple municipal FTTH and backbone projects. Shawn excels at identifying potential problems early in projects and uses his problem- Ahsolving skills to plan and develop processes and procedures to navigate each unique challenge. His excellent customer service is consistently recognized by our clients and Shawn always ensures that quality deliverables are provided. Shawn holds a Masters of Architecture from Kansas State University. MATT HUHMANN Broadband GIS Engineer Matt has more than seven years of experience designing fiber networks and providing GIS & programming support for telecom projects across the United States. With additional experience in the customer service industry, he always puts our customer's needs first. Matt leverages his background in computer science to improve efficiency and project workflows, which allows our teams to consistently deliver against deadlines. Using his programmatic approach to outside plant design, Matt has automated many processes and deliverables including splice sheets, BOMs, make-ready production and tracking, and construction drawings. Matt holds a Bachelor's of Science in Computer Science from the University of Missouri - Saint Louis. 2021 MAGELLAN ADVISORS PAGE 6 OF 21 WWW.MAGELLAN-ADVISORS.COM Page 319 of 447 Mage//an ADV/SORB ZACH KICKHAEFER Broadband Designer Zach has seven years of experience in designing and managing fiber projects as well as seven years of GIS solutions for both the construction and transportation industries. Zach has managed major fiber design projects for large communication carriers, resulting in nearly 500 miles of aerial and underground fiber paths designed. Zach specializes in process improvement, problem solving and project managing both internally and externally. Zach has excellent customer services skills ±` and strives to ensure that a quality deliverable is provided to the client. Zach has a Bachelor of Science in Geography with an emphasis in GIS from Kansas State University. 2021 MAGELLAN ADVISORS PAGE 7 OF 21 WWW.MAGELLAN-ADVISORS.COM Page 320 of 447 Mage//an ADV/SORB rTitle Project Role Project fulfillment, strategy, milestones Courtney Violette Project Executive and deliverables. Working with client leadership team and final presentations to the City. Project management, design/engineering Team Lead point of contact, network design, attend Cole Henkle Broadband Design progress meetings, production of construction plans, specifications and cost estimates. QA/QC, construction print stamping and John Williams PE Professional Engineer sealing, compliance with local & state regulations. Production of construction plans, Shawn Morris Broadband Designer specifications, and cost estimates, bill of materials. Production of construction plans, Zach Kickhaefer Broadband Designer specifications, and cost estimates, bill of materials. GIS related tasks for fielding and Matt Huhmann GIS Software identifying existing infrastructure, map Engineer development and infrastructure integration. 2021 MAGELLAN ADVISORS PAGE 8 OF 21 WWW.MAGELLAN-ADVISORS.COM Page 321 of 447 ellan46 ADV/SORB STATEMENT OF WORK Task 1: FTTP Low Level Design, Engineering and Permitting Magellan will develop a 100% design for the Waterloo Communications Utility's (WCU) Fiber to the Premise (FTTP) project which will include the full network design, engineering and permitting fora ubiquitous fiber-optic network passing nearly every household and business throughout the community. During this phase of the project, Magellan will execute and finalize 30%/60%/90%/100% design milestones, PE stamps, and procurement document development to support both a potential Bond Issue, as well selection and to contract with an Underground Fiber-Optic Construction Contractor. Magellan will continue to collaborate closely with the City's departments to ensure they are informed of the project, processes, goals and requirements. This should include public works, utilities, permitting and community relations. Our goal is to design the network to meet the City's current construction standards and ensure that it minimizes impact on the community. Our process will focus on right of way usage, utility separation, erosion control and restoration requirements. We will establish points of contact between our team and departmental personnel so they can communicate throughout the design process. We believe that tight collaboration and a free flow of information will produce the best design for the City. Magellan will develop a formal engineering design, construction prints and bill of materials with cost estimates for WCU. This process will include: 1. Project kickoff and data collection; 2. GIS map development, layer development and initial routing and desktop design; 3. Develop 30% design and review with the City; 4. On-the-ground fielding of all fiber running lines that will be used in the project; 5. Collection of field data through handheld GPS units that upload to back-office engineering; 6. Identification of all permitting authorities with jurisdiction and right of way; 7. Identification of any environmental requirements along running lines; 8. Identification of all special crossings, including railroads, ditches and bridges; 9. Review of existing utility data and locations; 10. Review of existing running lines with City representatives; optimization of running lines based on overall constructability, cost, redundancy and security; 11. Based on optimized running lines, development of a 60% low-level design, bill of materials and cost estimates; 12. Review the 60% design package with the City; 13. Create any adjustments as needed based on feedback from the 60% design; 14. Development of the 90% design, bill of materials, cost estimates and construction prints; 2021 MAGELLAN ADVISORS PAGE 9 OF 21 WWW.MAGELLAN-ADVISORS.COM Page 322 of 447 ellan.16 ADV/SORB 15. Review the 90% design with the City; 16. Make any final adjustments to the 90% design package; 17. Produce the final 100% design, final bill of materials and cost estimates and final construction prints to be submitted in a bid package for construction. We will ensure that your design rules and requirements are fully understood and implemented across our organization so that our outputs and performance are consistent. Additionally, we will ensure that best practices from past projects and those identified during this project are shared with our teams so that our design deliverables, and ultimately the cost to build, can be optimized as much as possible. Project Coordination Magellan's dedicated project manager will coordinate communications and resources that need to interact throughout the project. This includes interfacing between your team, permitting authorities, and other resources. We will coordinate meetings, critical information and processes to ensure that the engineering timelines are met throughout each phase of the project. Our standard project management practices for this engagement will include but are not limited to: • Development of project charter; • Development of online project plan, timeline and dependencies; • Weekly or bi-weekly project status calls; • Meeting agendas and meeting minutes; • 30%, 60%, 90% and 100% onsite design reviews • Onsite kickoff meeting with the City; • Periodic site visits as needed for meetings with the City. Task 2: Fiber OSP Construction Procurement Support Magellan Advisors will develop RFP scope of work language, and support necessary documentation needed to issue procurement documents related to Fiber OSP construction. Our team will develop all documents in coordination with the City's purchasing department, will support solicitation tasks (Q&A, pre-bid meetings), and will evaluate and recommend a short-list of vendors. Magellan will support and coordinate all vendor interviews, as well as the City's contract process. Magellan will also support the City in negotiations for the most optimal agreement. • Prepare Request for Proposals for network construction for review and approval by City staff. • Assist City with preparation of written responses to contractors' questions. • Prepare presentation and assist with pre-proposal conference for interested contractors. • Work with City's selection team to evaluate and rank responses. • Assist with contract execution as needed 2021 MAGELLAN ADVISORS PAGE OF 21 WWW.MAGELLAN-ADVISORS.COM Page 323 of 447 Mage//an ADV/SORB Magellan assumes 30 days to develop the Fiber OSP Construction RFP document, 30 days for public solicitation and another 30 days for RFP submittal review, short-listing of vendors, vendor interviews, and selection. 2021 MAGELLAN ADVISORS PAGE 11 OF 21 WWW.MAGELLAN-ADVISORS.COM Page 324 of 447 Mage//an ADV/SORB PRICING Magellan's pricing is based on 309 miles of fiber plant estimated for the fiber to the premise (FTTP) network. Magellan will bill on a monthly basis for percent completion of each task as itemized below. Invoices will be submitted on the last day of the month for work completed in that month. DescriptionTask • Fiber running lines • Underground placement • Use of existing conduit and assets High-Level Design • Fiber cabinet placement $636,293 (309 miles) • Hut placement • Data center location • Workshops with City departments for coordination and consensus • Constructability walkout • Adjustment to running lines • Utility coordination, alignments and separations Detailed Engineering ' Permit authorities • Permitting plan $636,293 (309 miles) . Preliminary fiber splicing plans • First bill of materials and cost estimates • Workshops with City departments for coordination and consensus • Refinement of final routes • Value engineering opportunities Final Engineering • Final fiber splicing plans • Final construction prints $636,293 (309 miles) . Construction packages and bid documents • Workshops with City departments for coordination and consensus Construction • Final construction packages and bid documents $212,098 Packages & Permits • GIS-based design, incorporated into City systems (+60 days) (309 miles) • Permit package submission Professional Engineer Stamping(PE Stamping of Drawings) $348,475 Travel Expenses and Incidentals(Not to Exceed) $20,000 Procurement Support- Development of RFP/Management of Solicitation $10,000 Total Pricing $2,499,452 • Existing Subsurface Utilities will be designated on plans using ASCE 38 QLC. • Design, Engineering and Permitting is billed at $1.30 per foot for any work over and above stated distances in this proposal. • Professional Engineering services are billed at $180 per hour • Pricing does not include post Construction as-builts. 2021 MAGELLAN ADVISORS PAGE 12 OF 21 WWW.MAGELLAN-ADVISORS.COM Page 325 of 447 Mage//an ADV/SORB • Magellan will bill on a monthly basis for percent completion of each task as itemized in the pricing table. • Magellan offers net 30 pricing to its clients. TIMELINE 1 Project Kickoff 2 Data Gathering 3 High-Level Design (30%) 4 High-Level Design (30%) Review with Waterloo 5 On Site Fielding & Survey 6 High-Level Design (60%) 7 High-Level Design (60%) Review with Waterloo 8 Final Design (90%) 9 Final Design & Bid Package (100%) 10 Final Review with Waterloo (100%) 2021 MAGELLAN ADVISORS PAGE 13 OF 21 WWW.MAGELLAN-ADVISORS.COM Page 326 of 447 Mage//an ADV/SORB REFERENCES Magellan is happy to provide six references for similar fiber design projects that are comparable to the City's project,which you'll find in the following pages.These references all have backbone design connecting City sites and facilities similar to the City of Waterloo. In these projects, we have also managed construction and inspections as the City's representative to ensure that the fiber design was built to the engineering specifications, City construction standards and state requirements. Our construction management teams also ensured that the construction contractor protected the community and environmental components in each project, as these communities were particularly sensitive to impact from construction. In addition, Magellan provided fiber design services for the clients listed below over the past three years. 2021 MAGELLAN ADVISORS PAGE 14 OF 21 WWW.MAGELLAN-ADVISORS.COM Page 327 of 447 Mage//an ADV/SORB FIBER DESIGN & CONSTRUCTION REFERENCE: CITY OF PORTSMOUTH, VA CONTACT Daniel Jones Chief Information Officer P:757.393.8398 x2117 Enol`" E:jonesd@portsmouthva.gov iW ,f "Our municipal fiber backbone fits right in with Council's vision of becoming a smart city and being prepared for the nextgeneration of technology" -Mayor John Rowe, City of Portsmouth CHALLENGE With significant growth,the City of Portsmouth's existing budget for telecommunications services was expected to double from $1 million to over$2 million peryear.To reduce its costs and create new capabilities,the City envisioned investing in its own fiber backbone.To do so,the City needed a partner that had planned, designed and built these networks in the municipal environment. MAGELLAN'S SOLUTION In 2017, Magellan conducted a needs assessment and fiber master plan for the City.The master plan included a high-level design for a citywide fiber backbone,with accompanying cost estimates and a strategic business case.The business case showed by investing in the fiber,the City would eliminate 95% of its recurring telecommunications costs and own the fiber to support growing needs among city departments,external stakeholders and the community. In 2018, City Council approved the master plan and authorized the construction of the fiber network to 85 city, school,library, public safety,tower and other sites. Magellan developed the engineering design for the fiber network using 100% underground construction,with high capacity fiber and multiple levels of redundancy. Magellan's design process gave the City the most effective solution to build the network at the lowest cost. Upon completion of the design, Magellan was retained to procure the construction contractor and manage construction and inspections for the City. OUR CLIENT'S SUCCESS Today,the majority of the network has been built and the City is already realizing benefits of its investment. The City will connect each and every site at 1 Gbps and 10 Gbps, increasing site bandwidth to every facility. The network is connecting major community anchors like Tidewater Community College and other key stakeholders throughout the City. It will enable a new platform for innovation in traffic management, public safety, utilities management, and most importantly, it will Portsmouth as a Smart City for tomorrow. 2021 MAGELLAN ADVISORS PAGE 15 OF 21 WWW.MAGELLAN-ADVISORS.COM Page 328 of 447 Mage//an ADV/SORB FIBER & WIRELESS NETWORK DESIGN REFERENCE: CITY OF CHESAPEAKE CONTACT Jay Krail Project Manager P:504.920.3181 E:jkrail@cityofchesapeake.net 'The deployment of fiber throughout the City will open doors and offer benefits that we have only begun to fathom.It is critical that we approach this project with a strategic mindset,and that's why we're so pleased to have Magellan Advisors on our team. They,along with our regional partners in Hampton Roads, will help us all take a giant leap into the future."-Rick West Mayor of Chesapeake CHALLENGE The City of Chesapeake, located in the Hampton Roads region of Virginia, is currently experiencing a technology ecosystem boom.As the region flourishes,Chesapeake's leadership noticed a lack of resilient and accessible fiber infrastructure to support the City's technology initiatives and broadband services. In late 2019,the City engaged Magellan Advisors to lead the development of Chesapeake's Next Generation Network(C-NGN)in an effort to provide world-class fiber connectivity to the City's enterprises, partners, and the greater Hampton Roads region.The objectives included enhancing municipal services,promoting economic development,supporting education and creating a catalyst for future private investment in broadband. MAGELLAN'S SOLUTION Magellan worked with the City to engineer the 170-mile C-NGN fiber-optic network and complementary smart city wireless overlay, branded Chesapeake Connects.Magellan conducted detailed assessment of each stakeholders'needs and developed the network design to maximize community use of the fiber. The network connects over 200 community facilities including city,school, library,hospital, public utility, public safety and traffic locations.The design also incorporates Chesapeake's economic development goals by ensuring that key business corridors are equipped with high-capacity fiber.Magellan Advisors engineered over 170-mile route miles of fiber,including fielding,low-level design,construction prints, permitting, master budgets and construction bids. In late 2020, Magellan's scope was expanded to determine how Chesapeake Connects will support organizations during and after the COVI❑-19 pandemic focusing on telehealth and remote education. OUR CLIENT'S SUCCESS Magellan's process of design,then bid,then build is giving the City best approach to minimize the cost of construction,select the most capable construction contractor and ensure rapid deployment of the network,which will start in 2021.The City of Chesapeake plans to begin construction by July 2421 and is working with Magellan to accelerate the timeline,targeting 18-24 months for completion of major construction related activities. ADVISORS2021 MAGELLAN OF . • • Page 329 of 447 Mage//an ADV/SORB FIBER DESIGN & CONSTRUCTION REFERENCE: CITY OF DAYTON CONTACT Thea Melancon _. City Manager P:936.258.2642 E:citymanager@daytontx.org Reliable high-quality internet service is vital to both our residents and our businesses. "With gigabit service as a utility, our customers can expect service at a price that's cheaper than most national providers and a speed that exceeds anything currently offered in the area." -Theo Melancon, City Manager CHALLENGE In 2018, the City of Dayton contracted with Magellan Advisors to conduct a broadband study and engineering estimates for a fiber to the home network to reach 100% of the City's homes and businesses. The results of this study showed that the City could build the network and serve its community with gigabit internet services in a fiscally responsible way. In late 2019,the City secured over$13 million for the project and partnered with Magellan to conduct the full engineering design, business plan and construction procurements. MAGELLAN'S SOLUTION In 2019, Magellan was selected to provide the City's fiber to the home engineering design, covering 100%of homes and businesses within the City. Magellan's engineering team created a blueprint for fiber backbone and distribution for the lowest possible cost and which would provide 1 and 10 gigabit high-speed internet services to homes and businesses from day 1. Magellan worked with the City to determine the best constructability methods,protect City rights of way and minimize construction impacts to the City. Magellan's field team walked every route in the City to ensure constructability and avoid any obstacles that would create construction delays. In 6 months, Magellan completed the engineering design, construction bid package, permitting packages and electronics design for the network, meeting the City's goal of moving into construction in January of 2021. OUR CLIENT'S SUCCESS In early January 2021, Magellan released the construction RFP with the City and received numerous bids. Magellan's bid process allowed for a highly competitive process,with the winning bidder providing a final price that was $3 million under the project budget.Today, Magellan is managing the entire construction and implementation process for the City and will assist the City launch services to the community in late 2021. 2021 MAGELLAN ADVISORS PAGE 17 OF 21 WWW.MAGELLAN-ADVISORS.COM Page 330 of 447 Magellan46 ADV/SORB FIBER DESIGN & CONSTRUCTION REFERENCE: CITY OF HILLSBORO, OR CONTACT Greg Mont Information Services Director P: 503.681.5401 E:greg.mont@hillsboro-oregon.gov 'The partnership between the City and HSD is all about what's best for our community. We have a long history of working together to best serve our students and families, and this is another opportunity for us to do the right thing and make our schools and our community stronger." -Mike Scott, Hillsboro Schools District Superintendent CHALLENGE The City of Hillsboro and Hillsboro School District envisioned a joint partnership for a community owned fiber network to support schools'connectivity needs and enable a platform for world-class broadband. In 2017, the City and School district signed an agreement to co-build the network.The next step was to identify a partner that understood municipal fiber projects and could manage the complex engineering process at hand, creating two networks from one. MAGELLAN'S SOLUTION The City of Hillsboro hired Magellan in 2017 to develop a citywide fiber backbone and fiber to the home broadband network. Magellan approached the design by working with School District staff to determine their most important needs- high bandwidth, reliability and redundancy across all schools. Through the planning process, Magellan designed a highly redundant, multi-ring fiber backbone to connect 34 schools with dark fiber. Concurrently, Magellan engineered an optimal fiber to the home architecture using the backbone network as a launchpad for broadband. Our design furnished the City with a blueprint for broadband across 44,000 homes and businesses. We provided detailed fielding, utility assessment, permitting, make-ready, prints, costing and as-builts for each phase of construction.The design delivers 1 and 10 gigabit capabilities natively in the network.To enable seamless deployment of the network,the City also selected Magellan to manage construction, given our deep experience constructing municipal fiber and our collaborative approach with the City's internal departments. OUR CLIENT'S SUCCESS Today, 34 schools are connected to the network, providing nearly unlimited bandwidth to support their current and future needs, while reducing its operating budgets by$200,000 annually.The fiber backbone and the first phase of fiber to the home construction have been completed to enable the City to launch its gigabit internet services to the first homes in Hillsboro. 2021 MAGELLAN ADVISORS PAGE 18 OF Page 331 of 447 ellan.16 ADV/SORB FIBER DESIGN & CONSTRUCTION REFERENCE: CITY OF MONT BELVIEU M B LINK CONTACT Nathan Watkins MONT BELVIEU FIBER NETWORK Assistant City Manager P: 281.576.2213 x228 E: nwatkins@mont-belvieu.net "Without Magellan, our network would have been double the estimated costs and taken longer to complete. We could not be more pleased with the level of service and professionalism and would highly recommend Magellan to any city looking for fiber solutions for their community." -Nathan Watkins,Assistant City Manager CHALLENGE After many attempts to persuade local providers to upgrade their internet services to support higher speeds and better reliability,the City realized that it needed to take action directly if it wanted to ensure its residents and businesses had access to world-class broadband.The City's challenge was how to build, launch a City-owned internet service without this core expertise in house.The City needed a turnkey solutions partner that could plan, engineer, construct and launch a broadband network to meet the needs of its community. MAGELLAN'S SOLUTION To implement the network,the City looked to Magellan to engineer, construct and launch the fiber to the home network. Magellan provided a dedicated team of broadband engineers and planners that managed all facets of design, construction and operational support. Our engineering team designed a scalable 10-gigabit GPON-based network to reach 100% of homes and businesses within the City.We advised the City on optimizing the design to support rapid construction, which was completed ahead of schedule and under budget. Our team provided all fielding, constructability analysis, low-level design, construction prints, permitting and as-builts. On completion of engineering,we managed the bid process, identified contractors and provided construction management, equipment integration, beta testing and go-to-market launch of the City's internet services over the 24-month deployment. OUR CLIENT'S SUCCESS One year after launch,the Houston Chronicle claimed that Mont Belvieu"May have the best internet in Texas."The City provides gigabit Internet to homes and businesses at prices less than the competition and with no data caps. For$75 per month, residents receive 1 gigabit internet service and an in-home gigabit gateway router.To date, over 70% of residents have signed up for service. 2021 MAGELLAN ADVISORS PAGE OF 21 WWW.MAGELLAN-ADVISORS.COM Page 332 of 447 ellan.16 ADV/SORB FIBER DESIGN & CONSTRUCTION REFERENCE: CITY OF RANCHO CUCAMONGA, CA CONTACT Fred Lyn -- x Utility Division Manager P: 909.477.2740 ext.4035 E:fred.lyn@cityofrc.com "Today this infrastructure plays a crucial role in Rancho Cucamonga, not only in economic development, but will be pivotal in the long-term sustainability and future planning of the City. Rancho Fiber has arrived." -Fred Lyn, Utilities Division Manager CHALLENGE City leadership recognizes that fiber-optic infrastructure is an important part of the Rancho Cucamonga community.They understand that in today's world, connectivity affects every aspect of the community-whether in municipal operations, public safety, education, healthcare, quality of life, entertainment and commerce.To realize leadership's vision,the City needed a partner that could develop and manage the expansion of fiber-based broadband across the City in a measured approach that achieved the City's financial constraints while expanding access in year-by-year deployments across the City. MAGELLAN'S SOLUTION In 2016, Magellan worked with the City to develop a fiber master plan and engineering assessment that laid out a multi-year plan for new aerial and underground fiber deployment throughout the City,totaling$12 million over 6 years. Since adopting the master plan in 2017, Magellan has designed and built the first three phases of the fiber to the premises network. In this work,we have provided full engineering,fielding, utility assessments, pole and make ready planning, construction prints and bid packages.We also manage construction as an owner's representative for the City in the fiber build, ensuring that the construction contractor meets our engineering specifications developed for the City, with tight quality control and within the budget. OUR CLIENT'S SUCCESS Today,the City has connected neighborhoods and business corridors, enabling gigabit broadband services to residents and businesses across the City. Residential customers receive gigabit service for$69.99 per month,giving them nearly 5 times the bandwidth for a lower cost than is available in the market today. Businesses have competitively priced internet on City fiber that has replaced slow and unreliable dsl and cable internet services. 2021 MAGELLAN ADVISORS PAGE OF 21 WWW.MAGELLAN-ADVISORS.COM Page 333 of 447 Mage//an ADVISORS Signature & Acceptance Signature of this Proposal by Client warrants that all components of this Proposal are acceptable to the Waterloo Communications Utility and the City of Waterloo and that the person(s) signing this Proposal has the right, power and authority to execute the Proposal. Magellan Advisors, LLC Waterloo Communications Utility 99918 1h Street, Suite 3000 Denver, CO 80202 Print Name: Courtney Violette Print Name: Title: COO Title: Signature: Signature: Date: September 30, 2021 Date: 2021 MAGELLAN ADVISORS PAGE 21 OF 21 WWW.MAGELLAN-ADVISORS.COM Page 334 of 447 CITY OF WATERLOO Council Communication Resolution approving an agreement with the Iowa Department of Transportation for an Iowa's Clean Air Attainment Program(ICAAP)Federal-aid Swap Project, in conjunction with the US 63/Logan Avenue Adaptive Traffic System from Conger Street to Donald Street, Project No. ICAAP-SWAP-8155(781)—SH- 07, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 11/1/2021 Prepared: 10/8/2021 ATTACHMENTS: Description Type ❑ Agreement Backup Material Resolution approving an agreement with the Iowa Department of Transportation for an Iowa's Clean Air Attainment Program(ICAAP) SUBJECT: Federal-aid Swap Project, in conjunction with the US 63/Logan Avenue Adaptive Traffic System from Conger Street to Donald Street, Project No. ICAAP-SWAP-8155(781) SH-07, and authorizing the Mayor and CitX Clerk to execute said document. Submitted by: Submitted By: Mohammad Elahi, Traffic Engineer Recommended Action: Approve Resolution. This project installs an adaptive signal control technology on US 63 from Summary Statement: Donald to Conger. US 63 already has an adaptive system from Jefferson to Dane. This project completes the northerly part of US 63 signal system. Expenditure Required/Source of$1012,392 Funds: 80% ICAAP Grant 20% GO Bond Page 335 of 447 April 2019 IOWA DEPARTMENT OF TRANSPORTATION Agreement for an Iowa's Clean Air Attainment Program (ICAAP) Federal-aid Swap Project Recipient: City of Waterloo Project Number(s): ICAAP-SWAP-8155(781)—SH-07 Iowa DOT Agreement Number: 2021-ICAAP-SWAP-06 This agreement, made as of the date of the last party's signature below, is between City of Waterloo, Iowa (hereinafter referred to as the Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department) for Iowa's Clean Air Attainment Program (ICAAP) Federal-aid Swap funds under 761 Iowa Administrative Code (IAC) Chapter 162. Iowa Code Section 306A.7 provides for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide ICAAP Federal-aid Swap funding to the Recipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person will be Zac Bitting, Office of Systems Planning, 800 Lincoln Way, Ames, Iowa 50010, 515-239-1713. The Recipient's contact person shall be the Mohammad Elahi, City of Waterloo, 625 Glenwood Street, Waterloo, Iowa 50613. 3. The Recipient shall be responsible for the development and completion of the following described ICAAP project: US 63/Logan Avenue Adaptive Traffic System from Conger Street to Donald Street. 4. Eligible project activities will be limited to the following: construction, engineering, inspection, and right-of-way acquisition. Under certain circumstances, eligible activities may also include utility relocation or railroad work that is required for construction of the project. Systems engineering analysis and product procurement and installation are also eligible activities for Adaptive Signal Control Technology projects only. All costs must be directly related to the project described in this agreement. Costs incurred prior to the date of this agreement are not eligible for reimbursement. The Department has the sole authority to determine the eligibility of a cost for reimbursement. 5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from ICAAP Federal-aid Swap funds. The portion of the project costs reimbursed with Page 336 of 447 ICAAP Federal-aid Swap funds shall be limited to a maximum of either 80 percent of eligible costs or$(112,392), whichever is less. 6. Eligible project costs in excess of the amount reimbursed by the Department above will be considered the local contribution. The local contribution must equal a minimum of 20 percent of eligible project costs. 7. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, includes that project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, funds will not be reimbursed. 8. The Recipient must have let the contract or have otherwise completed the project within two years of October 1, 2021. If the Recipient does not do this, they will be in default for which the Department can revoke funding commitments. The Department may approve extensions of this agreement for periods up to six months upon receipt of a written request form the Recipient at least sixty (60) days prior to the deadline. 9. The Recipient shall provide a summary report measuring the success of its effect on vehicle emissions to the Department upon completion of the project and prior to requesting final reimbursement of ICAAP Federal-aid Swap funds. The report will include before and after project emissions calculations comparing new data compiled after project completion to the data submitted with the project application. Through a quantitative analysis, the summary must show how many kilograms of pollutants (including CO, VOC, NOx, and if applicable PM) have been reduced. The preparation of this summary may require additional data collection or modeling. These tasks or services are not considered project costs and are not eligible for reimbursement. 10. If the project purpose is to implement, deploy, or install ASCT, the Recipient will complete a systems engineering analysis appropriate to the scale of the project in accordance with the August 2012 Federal Highway Administration (FHWA) publication, "Model Systems Engineering Documents for Adaptive Signal Control Technology Systems." This document is available on the FHWA website at: https://ops.fhwa.dot.gov/publications/fhwahop11027/mse asct.pdf. This analysis will be submitted to the Department for review and approval. Costs associated with the preparation of this analysis are eligible project costs. The Recipient will follow the guidance provided by this analysis in the evaluation, selection, and implementation of ASCT. 11. If the Recipient fails to perform any obligation under this agreement, the Department shall have the right, after first giving thirty (30) days written notice to the Recipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Recipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Recipient shall notify Department no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. The Department may thereafter determine whether the default has, in fact, been cured, or whether the Recipient remains in default. Page 337 of 447 12. This agreement may be declared to be in default by the Department if the Department determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the Department determines that the project is not developed as described in the application and according to the requirements of this agreement. 13. In the event a default is not cured the Department may do any of the following: a) revoke funding commitments of funds loaned or granted by this agreement; b) seek repayment of funds loaned or granted by this agreement; or c) revoke funding commitments of funds loaned or granted by this agreement and also seek repayment of funds loaned or granted by this agreement. By signing this agreement the Recipient agrees to repay said funding if they are found to be in default. Repayment methods may include cash repayment, installment repayments with negotiable interest rates, or other methods as approved by the Department. 14. The Recipient shall maintain, or cause to be maintained for the intended public use, the improvement for twenty(15) years from the completion date in a manner acceptable to the Department. 15. This agreement is not assignable without the prior written consent of the Department. 16. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 17. It is the intent of both parties that no third-party beneficiaries be created by this agreement. 18. This agreement and the attached Exhibit 1 constitute the entire agreement between the Department and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written acceptance of the Department and the Recipient. Page 338 of 447 IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. RECIPIENT: City of Waterloo By: Date Title: Mayor CERTIFICATION: I, , certify that I am the Clerk of the city, and that (Name of City Clerk) , who signed said Agreement for and on behalf of (Name of Mayor/Signer Above) the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city, on the day of Signed: City Clerk of Waterloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION Planning, Programming and Modal Division 800 Lincoln Way, Ames, Iowa 50010 Tel. 515-239-1664 By: Date Craig Markley Director Systems Planning Bureau Page 339 of 447 EXHIBIT 1 General Agreement Provisions for use of ICAAP Federal-aid Swap Funds on Non-primary Projects Unless otherwise specified in this agreement, the Recipient shall be responsible for the following: 1. General Requirements. a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Instructional Memorandums to Local Public Agencies (I.M.$), available on-line at: https://iowadot.gov/local systems/publications/im/lpa ims. The Recipient shall follow the applicable procedures and guidelines contained in the I.M.s in effect at the time project activities are conducted. b. In accordance with Iowa Code Chapter 216 and associated subsequent nondiscrimination laws and regulations, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR)that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When pedestrian facilities are constructed, reconstructed, or altered, the Recipient shall make such facilities compliant with the ADA and Section 504. d. The Recipient agrees to indemnify, defend, and hold the Department harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and acceptance process, plan and construction reviews, and funding participation. e. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The Federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Recipient with written notice of termination pursuant to this section. Page 340 of 447 Z Design and Consultant Services a. The Recipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E).The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. 3. Environmental Requirements and other Agreements or Permits. a. The Recipient shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, or other agencies as required. The Recipient shall follow the applicable procedures in the Instructional Memorandums to Local Public Agencies Table of Contents, Chapter 4— Environmental Regulations. 4. Right-of-Way, Railroads, and Utilities. a. The Recipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right-of-Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures. b. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Recipient shall obtain agreements, easements, or permits as needed from the railroad. The Recipient shall follow the procedures in I.M. 3.670, Work on Railroad Right-of-Way. c. The Recipient shall obtain agreements from utility companies as needed. The Recipient shall comply with the "Policy for Accommodating Utilities on the County and City a Non-Primary Federal-aid Road System" for projects on non-primary Federal-aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway,the Recipient shall follow the Department's "Policy for Accommodating and Adjustment of Utilities on the Primary Road System"The Recipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. 5. Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities. Such projects will let at the Department. a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer or architect, as applicable, licensed in the State of Iowa. b. The Recipient shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the Department for review and acceptance in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. Page 341 of 447 ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Recipient (special provisions) for individual construction items shall be approved by the Department. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received; make a decision to either award a contract to the lowest responsive bidder or reject all bids; and if a contract is awarded, execute the contract documents and return to Department. Note: The Department may not be able to allow a project to be let in the scheduled letting due to possible issues with cash flow availability. c. The Recipient shall forward a completed Project Development Certification (Form 730002)to the Department in accordance with I.M. 5.050, Project Development Certification Instructions. The project will not be turned in for bid letting until the Department has reviewed and accepted the Project Development Certification. d. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code section 26.12. e. The Recipient shall not provide the contractor with notice to proceed until after receiving written notice that the Department has concurred in the contract award. 6. Construction. a. The Recipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. The Recipient's engineer shall at all times be responsible for inspection of the project. b. A full-time employee of the Recipient shall serve as the person in responsible charge of the project. For cities that do not have any full time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. c. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. Proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as needed. d. The project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction and the Recipient shall comply with the procedures and responsibilities for materials testing according to the Department's Materials I.M.s. Available on-line at: https://www.iowadot.gov/erl/index.html. e. If the Department provides any materials testing services to the Recipient, the Department will bill the Recipient for such testing services according to its normal policy as per Materials I.M. 103. 7. Reimbursements. a. Costs incurred prior to the date of the executed project funding agreement are not eligible for reimbursement. Reimbursement of eligible costs may be requested only after the project is programmed in the Regional Planning Affiliation (RPA) or Metropolitan Planning Organization Page 342 of 447 (MPO) Transportation Improvement Program (TIP) and Statewide Transportation Improvement Program (STIP). b. The Recipient will be initially responsible for all project costs. After costs have been incurred,the Recipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least semi-annually but not more than bi-weekly. c. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1, if possible, but no later than August 15. d. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Recipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. e. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs.The Department may withhold up to 5% of the total funds available for the project. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final review or audit selected by the Administering Office, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final review is complete and after the Recipient has provided all required paperwork, the Department will release the funds withheld. f. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total funds collected shall include any funds received including but not limited to: Federal funds, state funds, any special assessments made by the Recipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Recipient do exceed the total project costs, the Recipient shall either: i. in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or ii. refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. 8. Project Close-out. a. Acceptance of the completed construction shall be with the concurrence of the Department. Within 30 days of completion of construction or other activities authorized by this agreement, the Recipient shall provide written notification to the Department.The Recipient shall follow and request a final review, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal-aid, Federal-aid Swap, and Farm-to-Market Projects. Failure to comply with the procedures may result in loss of funds and the ability to let future projects Page 343 of 447 through the Department; reimbursed funds shall be returned and a possible suspension may be placed on the Recipient from receiving funds from the Department on future projects until the Recipient has demonstrated responsible management of funds on roadway projects. b. For construction projects, the Recipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of funds shall be made only after the Department accepts the project as complete and the Department has approved the emissions summary report submitted by the Recipient after completion of the project. d. The Recipient shall maintain all books,documents, papers,accounting records, reports,and other evidence pertaining to costs incurred for the project. The Recipient shall also make this documentation available at all reasonable times for review by the Department. Copies of this documentation shall be furnished by the Recipient if requested. Such documentation shall be retained for at least 3 years from the date of the Department's signature of the Department's Final Payment Form (Form 830436) or the bottom part of the Certificate of Completion and Final Acceptance of Agreement Work (Form 640003). Page 344 of 447 CITY OF WATERLOO Council Communication Resolution approving a Professional Service Agreement with AECOM Technical Services Inc., of Waterloo, Iowa, in an amount not to exceed $498,000, for engineering and construction services, in conjunction with the US Highway 63 South Interceptor Sewer Upgrade Phase I Project, Supplemental Agreement No. 2, and authorizing the Mayor to execute said document. City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type ❑ Professional Services Agreement Backup Material Resolution approving a Professional Service Agreement with AECOM Technical Services Inc.. of Waterloo, Iowa, in an amount not to exceed SUBJECT: $498,000, for engineering and construction services, in conjunction with the US Highway 63 South Interceptor Sewer Upgrade Phase I Project, Supplemental Agreement No. 2, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Brian Bowman, Treatment Operations Supervisor Recommended Action: Approve Professional Service Agreement with AECOM Expenditure Required/Source of$ Sewer Funds Funds: Page 345 of 447 AECOM 319-232-6531tel Com 501 Sycamore Street 319-232-0271 fax �L= Suite 222 Waterloo,Iowa 50703 www.aecom.com CITY OF WATERLOO, IOWA US HIGHWAY 63 SOUTH INTERCEPTOR SEWER UPGRADE US HIGHWAY 63 PHASE I AND HOME PARK BOULEVARD SANITARY SEWER IMPROVEMENTS SUPPLEMENTAL AGREEMENT NO. 2 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo (Client), 715 Mulberry Street, Waterloo, Iowa, and AECOM Technical Services, Inc. (ATS), 501 Sycamore Street, Suite 222, Waterloo, Iowa, dated July 13, 2020, for a Phase I Preliminary Engineering Report for a new interceptor sewer serving the Highway 63 south corridor; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 1 on January 19, 2021 for final design and preparing plans, specifications, and contract documents for the US Highway 63 Phase I sanitary sewer and the relief sewer from the Home Park Boulevard neighborhood; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 2 for construction- related services (CRS)for the Phase I sanitary sewer and the relief sewer from the Home Park Boulevard neighborhood. NOW THEREFORE, it is mutually agreed to amend the original Professional Service Agreement as follows: I. PROJECT DESCRIPTION In recent years, there has been a large amount of growth along the US Highway 63 corridor in the south part of Waterloo. The sanitary sewer flows generated by this development have increased causing the existing sanitary sewer lines undersized to handle flows during large storm events. Also, the Home Park Boulevard neighborhood has experienced high sanitary flows with basement backups last summer during large storm events. The intent of this project is to upgrade and increase the capacity of the sanitary sewer along US Highway 63 and provide a relief sewer from the Home Park Boulevard neighborhood to help mitigate backups during periods of high flow. The sanitary sewer upgrades along US Highway 63 are planned to be completed in three phases. This agreement covers Phase I of the upgrade and the relief sewer from the Home Park Boulevard neighborhood. The project consists of providing CRS for the US Highway 63 Phase I sanitary sewer and the relief sewer from the Home Park Boulevard neighborhood. The Phase I sanitary sewer upgrade is about 6600 LF. Phase I of the US Highway 63 sanitary sewer upgrade extends from approximately Home Park Boulevard to Jane Street. The proposed relief sewer from Home Park Boulevard is approximately 1500 LF. This relief sewer will start at the intersection of Home Park Boulevard and Fletcher Avenue and tie into the US Highway 63 sanitary sewer. This project provides numerous benefits for economic development along the US Highway 63 corridor and improves flow conditions in a portion of the system which currently experiences overloading during wet-weather flows. The City is using State Revolving Fund (SRF)funding for this project. AECOM Technical Services (ATS) is providing engineering assistance to the City for the SRF process along with CRS. II. Scope of Services The Scope of Services will encompass and include detailed work, services, materials, equipment, personnel and supplies necessary to provide construction-related services for the Phase I project and associated engineering assistance to the City for the SRF process required for the project. The Scope of Services is further defined as follows: Page 346 of 447 ACOM Page 2 Task 1. Conduct a preconstruction conference attended by representatives of the Contractor, Client, Consultant, and affected utilities. Task 2. Provide construction staking for horizontal and vertical controls for the project. Identify the construction limits where needed. Provide stakes for alignment and grade for sanitary and storm piping, paving, and appurtenances as needed. Task 3. Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Task 4. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Task 5. Prepare monthly applications for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Task 6. Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Task 7. Prepare and assist the Client and Contractor in processing contract change orders. Task 8. Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. Task 9. Report to the Client any work believed to be unsatisfactory, faulty, or defective or does not conform to the contract documents and advise the Client of any work that should be corrected or rejected. Task 10. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 11. Facilitate construction progress meetings of project as needed and complete minutes for each meeting. It is anticipated that when construction activities begin, meetings will be bi-weekly. Task 12. Participate in a review of the project with the Client and review staff near project completion and prepare a list of items to be completed or corrected. Task 13. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. Task 14. Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project-related documents. Task 15. Provide the Client with a copy of revised drawings of the construction plans (record drawings)for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Page 347 of 447 ACOM Page 3 Task 16. Prepare and assist the Client with the final close-out documentation received from the Contractor. III. Compensation Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be segregated from the fees in the original agreement. Total compensation is a not-to-exceed fee of Four Hundred Ninety-Eight Thousand Dollars ($498,000.00). IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated July 13, 2020. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 2 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. A� By Date October 25, 2021 Douglas W. Schindel, P.E. Associate Vice President APPROVED FOR CLIENT: By: Date Quentin M. Hart Mayor L:\Secure_DCS\Administration\AGREE\SUPPLE\SA2 Waterloo US 63 Upgrades.docx Page 348 of 447 CITY OF WATERLOO Council Communication Resolution approving a request from Matthew Frost for an appeal of the Driveway Policy, prohibiting a second driveway approach on a corner lot located at 1200 Byron Avenue. City Council Meeting: ll/l/2021 Prepared: 10/13/2021 ATTACHMENTS: Description Type ❑ Council Packet Backup Material Resolution approving a request from Matthew Frost for an appeal of the SUBJECT: Driveway Policy, prohibiting a second driveway approach on a corner lot located at 1200 Byron Avenue. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Deny Resolution due to Driveway policy. However, the Planning and Zoning Recommended Action: Commission unanimously recommended approval of the request at their regular meeting on October 12, 2021. It would appear that the request could have a negative impact on the area, as it could set a precedent for other requests and is not in compliance with the driveway policy. The lot in question is zoned "R-2"One and Two Family Residence District, and has been zoned as such since the adoption of the Zoning Ordinance No. 2479 in 1969. Surrounding land uses and their zoning are as follows: North— Residential, zoned "R-2" One and Two Family Residence District. South— Residential, zoned "R-2"One and Two Family Residence District. East— Residential, zoned "R-2" One and Two Family Residence District. West— Residential zoned"R-2" One and Two Family Residence District. The applicant did not pull a permit for the placement of the concrete driveway in the City right-of-way on Hoover Street and the City Engineering Department would have not approved the permit because of the existing driveway to the property on Byron Avenue. The City Engineer has submitted Summary Statement: a letter stating opposition to the request due to it being a comer lot and the fact that it would set a precedent that would lead to other requests. In addition the driveway portion in the City right-of-way does not meet the engineering thickness/design requirements and will have to be removed regardless of whether the appeal to allow a second driveway is approved or not. If the appeal is approved, a new driveway will need to be installed in the City right-of-way that meets the City's engineering requirements. Page 349 of 447 The Planning and Zoning Commission unanimously approved the request at their regular meeting on October 12, 2021. Therefore staff recommends that the request by Matthew Frost for an appeal of the Driveway Policy prohibiting a second driveway on a corner lot at 1200 Byron Avenue in the"R-2"One and Two-Family Residence District, be denied for the following reasons: 1. The Engineering Department is opposed to the request, as it does not meet the requirements of the policy. 2. A driveway permit for the new driveway was not issued. 3. The request could set a precedent allowing the driveway on a corner lot. The applicant is requesting an appeal to the City Code requirement restricting corner lots to only one driveway access point. The reasoning Neighborhood Impact: behind this provision of the code is that it prevents creation of a safety issue for oncoming traffic, especially when there is an alley only 17 feet south off the second driveway off of Hoover Street. Data/Analysis and Strategies: Driveway Policy Expenditure Required/Source of None Funds: Legal Descriptions: Lot No. Six(6) in Block No. 5 (Five) in Glenny Logan Park in the City of Waterloo, Iowa Page 350 of 447 City of Waterloo City Council November 1, 2021 NO*\ C(2�C-1C-2oG,P, R-4 �� ��2ss ��� -4N52- C=Zs� ���s� s� R=3,C-Z �5� 21 E GTs `11041 eco CA C-11 co R-3 0 9sti,�c M-1/ R-4 T Q R-4 GRANT AVE PLEASANT ST g I z = J R-1., w LEAVITT ST R, -PI, R-2=WILLISTON AVE co C R-2, 'Z Q zv z C_Z—BERTCH AVE z0 BERTCH AVE LU U'T FORESTAVE co-FOREST AVE Q W = O � HAWTHORNEAVE = HAWTHORNEAVE— o R3 g4 I� z '' L _�_BYRONAVE YRONAVE Uj C-1 R-P m I R 1, o ° — LU k EUREKA ST R-P = ENNYAVE z I Y 2 RR-21 2, LIBERTYAVE a _,, R-2, R-2—Q C'-Z PATTONAVE C-Z-HOLM ST R-3 co E MITCHELL•AVE .. E MITCHELL-AVE �1, R-2-,C=Z 30URLAND AVEC-Z BOURLAND AVE Q CORNWALL-AVE W—CORNWALL AVE � g o—TERRACE 0q LOR IAINEAVELU c EASTON A IE o, } EASTON AVE = w J LOCKE AVE W p —LOCKE AVE gT—I g 0 R-3 W co L ORETTA AVE z �—HOWARD i VE— U � O � W DR AVE— N 1200 Byron W E i Driveway Appeal s Mathew Frost 900 450 0 900 0 Feet Page 351 of 447 City of Waterloo City Council November 1, 2021 I BYRON AVE BYRON AVE / Property in Question kL _ y (n - y o N Mathew Frost E i Appeal of City Engineer s 1200 Byron Avenue 50 25 0 50 � � � Fee Page 352 of 447 November 1,2021 REQUEST: Request by Matthew Frost for an appeal of the Driveway Policy prohibiting a second driveway on a corner lot at 1200 Byron Avenue in the "R-2" One and Two Family Residence District. el G•P V s� R-4 te�� -a ,� R-8, 0 * ` I R-4 eFM7-AVE C.r7 A14$Ih'f.g7—'TIT— I 7 R11 � isno-rrrsr Fi P: -1 t ."N51 W FMA R-2;E,2grc�rrn� eeR77dh+14E w yrs I A' FC41VTlAOfRl!'a4�—� C-1 R-P p SVFW C4--A'P 6tEl Aye - - R-9 3 i rrruE • - I I41 PAFY¢N 1�4'� C;z hCL4*uT I R_ I C-1 - I IF .8WAAN6A4'E C- F��11►MHQA1'F I H cofww i. C-0I R•A4P1L1'a14'E �Rfi4CE 10 -SFO '-dd�AyF o � T4Kd4E EMTWA4F — DAVE —� i — I JL WPE.MGR OR � —PlSMfilIJ]'H,419=- - F,4Y77ENN.YAYE� -- I 1Lr __-� �—iiTl0�Y5R ORS 4LIu 0h'RG�� APPLICANT: Matthew Frost, 1200 Byron Avenue, Waterloo, Iowa 50702 GENERAL The applicant is requesting to have a second driveway on a corner lot. DESCRIPTION: The Driveway Policy limits having a driveway to one street. 10/12/2021 Driveway Appeal-1200 Byron Avenue Page 3353 of 447 November 1,2021 /w �1.�h / r I I I r 25tliD6.b'way � . i Asa IMPACT ON It would appear to have a negative impact on the area, and could set NEIGHBORHOOD & a precedent for other requests. SURROUNDING LAND USE: VEHICULAR & The request would appear to have a negative impact on pedestrian or PEDESTRIAN traffic conditions in the area, as the site is considered a local street. TRAFFIC CONDITIONS: RELATIONSHIP TO There is a sidewalk along Byron Avenue, but there is no sidewalk RECREATIONAL along Hoover Street. There are no trails in the immediate vicinity. TRAIL PLAN AND COMPLETE STREETS POLICY: 10/12/2021 Driveway Appeal—1200 Byron Avenue Page A4 of 447 November 1,2021 ZONING HISTORY The lot in question is zoned "R-2" One and Two Family Residence FOR SITE AND District, and has been zoned as such since the adoption of the IMMEDIATE VICINITY: Zoning Ordinance No. 2479 in 1969. Surrounding land uses and their zoning are as follows: North — Residential, zoned "R-2" One and Two Family Residence District. South — Residential, zoned "R-2" One and Two Family Residence District. East — Residential, zoned "R-2" One and Two Family Residence District. West — Residential zoned "R-2" One and Two Family Residence District. DEVELOPMENT The area contains residential homes built in between the 1910's and HISTORY: 1960's. BUFFERS/ No additional screening would be required. SCREENING REQUIRED: DRAINAGE: No drainage will be required FLOODPLAIN: The property in question is not in a special flood hazard area as indicated by the Federal Emergency Management Agency's 2011 Floodplain map and Preliminary Floodplain map that has not yet been adopted by the City of Waterloo, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. PUBLIC /OPEN Lowell Elementary School is located approximately a half mile to SPACES/ SCHOOLS: northeast and West High School is located approximately 3/4 of a mile to the southwest. Liberty Park is located 685 feet to the west. UTILITIES: WATER, There is an 8" sanitary sewer main to the south of 1200 Byron Avenue SANITARY SEWER, in the alley. In addition there is an 8" sanitary sewer main, 6" water STORM SEWER, ETC. main, and 30" storm sewer line underneath Byron Avenue. There are no known utilities near the proposed second driveway access off of Hoover Street. RELATIONSHIP TO The Future Land Use Map designates this area as Low Density COMPREHENSIVE Residential. LAND USE PLAN: 10/12/2021 Driveway Appeal—1200 Byron Avenue Page k5 of 447 November 1,2021 STAFF ANALYSIS ZONING ORDINANCE: 5 # y Picture 1: Looking at second driveway toward Hoover Street. The applicant is requesting an appeal to the City Code requirement restricting corner lots to only one driveway access point on the street with the least traffic. The reasoning behind this provision of the engineering code is that it presents a safety issue for oncoming traffic, especially when there is an alley only 17 feet south off the second driveway off of Hoover Street. r` Picture 2: 1200 Byron with main driveway approach. 10/12/2021 Driveway Appeal—1200 Byron Avenue Page 956 of 447 November 1,2021 The applicant did not pull a permit from engineering in regards to the placement of concrete in the City right-of-way and the City Engineering Department would have not approved the permit. The City Engineer has submitted a letter stating opposition to the request due to it being a corner lot and the fact that it would set a precedent that would lead to other requests. In addition the driveway portion in the City right-of-way does not meet the engineering thickness/design requirements and will have to be removed regardless of whether the second driveway is approved or not. If the appeal is approved, a new driveway will need to be installed in the City right-of-way that meets the City's engineering requirements. The Planning and Zoning Commission unanimously approved the request at their regular meeting on October 12, 2021. f hi 1 Picture 3: Looking toward second driveway and nearby alley. STAFF ANALYSIS — There is no platting required as a part of this request. SUBDIVISION ORDINANCE: 10/12/2021 Driveway Appeal—1200 Byron Avenue Page A7 of 447 November 1,2021 STAFF The request by Matthew Frost for an appeal of the Driveway Policy RECOMMENDATION: prohibiting a second driveway on a corner lot at 1200 Byron Avenue in the "R-2" One and Two-Family Residence District, be denied for the following reasons: 1. The Engineering Department is opposed to the request, as it does not meet the requirements of the policy. 2. A driveway permit for the new driveway was not issued. 3. The request could set a precedent allowing the driveway on a corner lot. 10/12/2021 Driveway Appeal—1200 Byron Avenue Page 958 of 447 n Tly1 Beacon Black Hawk County, IA Overview 1 BYRON AVS. Legend Water fEl Parcels ., lip rt j 60 ft Parcel ID 891335277001 Alternate ID n/a Owner Address FROST,MATTHEW Sec/Twp/Rng n/a Class R 1200 BYRON AVE Property Address 1200 BYRON AVE Acreage n/a WATERLOO,lA 50702 WATERLOO _(1 �� District 940001 , y 0 40 CCOC Brief Tax Description GLENNY LOGAN PARK LOT 6 BLK 5 i7 (Note:Not to be used on legal documents) These maps do not represent a survey.No liability is assumed for the accuracy of the data delineated herein,either expressed or implied by Black Hawk County,the Black Hawk County Assessor or their employees,These maps a re compiled from official records,including puts,surveys,recorded deeds,and contracts,and only contain information required for local government purposes.See the recorded documents for more detailed legal information. Date created:9/22/2021 Last Data Uploaded:9/22/202112:4201 PM Developed byty Schneider GEOSPATIAL Page 959 of 447 I _ _ 4 ■ ,�_iii' ,��, � • n- I _ Mr ■ ` dEa 77 .dt P LEASE NOTE 325 Sycamore Street THIS MAP DOES NOT REPRESENT A SURVEY,NO LIABILITY IS ASSUMED P o BOX 27 FOR THE ACCURACY OF THE DATA DELINEATED HEREIN,EITHER 'KJ EXPRESSED OR IMPLIED BY BLACK HAWK COUNTY OR THE WATERLOO WATERLOO WATER • +S Waterloo Iowa 50704 WATER WORKS OR THEIR EMPLOYEES.BLACK HAWK COUNTY AND THE — WATERLOO WATER WORKS MAKES NO WARRANTY,EXPRESSED OR IMPLIED AS TO THE ACCURACY OF THE INFORMATION SHOWN ON THIS Ph 319-232-6280 Fax 319-232-1962 0 MAP,AND EXPRESSLY DISCLAIMS LIABILITY FOR THE ACCURACY. r�]a e 360 of 447 APPLICATION FOR OTHER REQUEST CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: j a. Type of application(please describe): zl o l l u vn i b. Applicant's name(please print): M cL if k Qy,/ Address: J'Z(JQ &1rooPhone:_ 31`)-Z30-- 31 J- Fax: City: wojpr , State: To w c� ---Zip: 5(D-)0 L Email: O . LOM c. Status of app icant: (a) Ow erg(b)Other (CHECK ONE): If other explain: d. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: Email: 2.PROPERTY INFORMATION: rr�� a. General location of property: _`ou _?jy rr O n Ay,, i1a-r u. _a t 9 1 Y3 5Z- Vo b. Legal description of property: Dimensions of Property Boundary(Excluding Right of Way): c. Area of PropertyExcludng Right f Way): JO' 4 o BI-ocn 9b-'Jo oo e d. Current zoning: o-," ka e. Reason(s)for request and proposed use(s) of property:_AVSLUy.. Ln 1)�.C_�` � JAJOsS 1Ddt,c re_Vi f. Conditions (if any)agreed to: h. Other pertinent information(use reverse sid ]I-necessary): Q key T mnyeik I a a cr A v� Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the�o intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from this request). 7� The filing fee of$100 (payable to the City of Waterloo) is required. This fee is non-refundable, Under no condition 6L shall said sum or any part thereof be refunded for failure of said request to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. 'A -1- ZZ-F Signature ofApplicant Date Signature of Owner Date PagA61 of 447 CITY OF WATERLOO Council Communication Resolution authorizing assignment of rebates to LMV, LLC, in conjunction with a Development Agreement with BC S Properties, LLC, originally approved on November 13, 2017, for property generally located at and adjoining to 1866 W. Ridgeway Avenue. City Council Meeting: 11/1/2021 Prepared: 10/18/2021 ATTACHMENTS: Description Type ❑ Assignment of Rebates Backup Material ❑ Map of Property Backup Material Resolution authorizing assignment of rebates to LMV. LLC, in conjunction SUBJECT: with a Development Agreement with BCS Properties, LLC, originally approved on November 13, 2017, for propertyeg nerally located at and adjoining to 1866 W. Ridgeway Avenue. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The name of the property will be transferred from BC S Properties to LMV, Summary Statement: LLC and allow the new owner to receive the tax rebates as approved by the development agreement on November 13, 2017. Neighborhood Impact: None Data/Analysis and Strategies: Economic Development Implementation,Accountability, N/A and Communication: Expenditure Required/Source of No changes to the expenditures because of the name change and the original Funds: terms of the development agreement still apply. VILLAGE WEST 2ND ADDITION LOT 3 Legal Descriptions: and VILLAGE WEST 2ND ADDITION LOT 2 Page 362 of 447 ASSIGNMENT OF REBATES The undersigned ("Assignors') are parties to a development agreement(the"Agreement'')with the City of Waterloo, Iowa,dated February 20,2017 and subsequently amended November 13, r 2017 and October 8, 2018,concerning the real property (the"Property") described therein. Assignors conveyed to DREGL,LLC, by deed filed November 8,,2018 as Doc.No. 2019-07456, a portion of the Property described as Lots 2 and 3,Village West 21d Addition,also known as: Address: 1866 W. Ridgewgiy Avenue Waterloo,and adjoining lot the %MV Pro Thereafter, DREGL.,LLC ("Transferee I")conveyed the LMV Property to LMV, LLC ("Transferee 2") by deed fled October 3, 2019 as Doc.No.2020-05221 and re-filed October 18, 2019 as Doc.No. 2020-07271. Subject to the terms of the Agreement,Assignors are entitled to property tax rebates in respect of the Property in an amount determined as set forth in the Agreement. In consideration of Transferee 2's purchase of the LMV Property, Assignors do hereby assign to Transferee 2 all of Assignors' right, title and interest in and to any and all rebates payable in respect of the LMV Property pursuant to the Agreement, effective as to any rebate payable for property taxes that become due and owing after the following date: -July 1 2020 Transferee I executes this instrument as acknowledgment hereof and to waive any and all right, title and interest in and to any rebates payable in respect of the LMV Property. ASSIGNORS TRANSFEREE 2 iated: S Properties, L .C, LMV, LLC : By: le: �Ql� l� -l'" Title: t�%�3ftif— - S���121_ Dated: -� .GAC heal Esta ,L.L.0 TRANSFEREE 1 — DREGL, LLC B R By: y• Title: Title: 6 Dated: Dated: "? /z f L Page 363 of 447 r fi3 .� Ll t 14 IM o LiL _ I" i W RIDGEWAYAVE T a `-1 MA RN/ vs _ A N W�E Cit LJ of Waterloo,Iowa S Page 364 of 447 CITY OF WATERLOO Council Communication Resolution approving the assignment of rebates to Cedar River Trails Apartments, LLC, in conjunction with a Development Agreement with Dolly James, LLC, originally approved on January 30, 2012, for property located at 820-914 Sycamore Street. City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type ❑ assignment of rebates Backup Material Resolution approving the assignment of rebates to Cedar River Trails SUBJECT: Apartments. LLC, in conjunction with a Development Agreement with Dolly James, LLC, originally approved on January 30, 2012, for property located at 820-914 Sycamore Street. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval The City of Waterloo entered into a Development Agreement with Dolly James, LLC for the development of the property located at 820-914 Sycamore Street. Summary Statement: As a part of that agreement, the developer was given tax rebates for the added value of the project. The property was sold in 2017, and this agreement will allow the new owner to receive the tax rebates. The development agreement states that such assignment is eligible, and this document will work to clarify the City of Waterloo's approval of such assignment. Data/Analysis and Strategies: Economic Development, policies 1, 3 and 4. Expenditure Required/Source of No additional funds from previous agreement Funds: Page 365 of 447 DocuSign Envelope[D:6FABOE5A-B725-4A5F-9192-558D8DBEC9B6 ASSIGNMENT AND ASSUMPTION AGREEMENT THIS AGREEMENT is made and entered into this 3rd day of June 2021,by and between Gaymond W. Schultz and Cynthia A. Schultz 2010 Intervivos Trust ("Schultz") and Cedar River Trail Apartments,LLC ("CRT"). RECITALS A. Schultz, as of the date hereof, owns the real estate located at 820— 924 Sycamore Street, Waterloo, Iowa,and more particularly described on attached Exhibit"A"("Premises"). B. Dolly James,LLC entered into a Development Agreement for Premises with the City of Waterloo,Iowa ("City") which was filed June 26, 2012, as Document No. 201200024309, in the office of the Black Hawk County Recorder ("Development Agreement"). The Development Agreement was assigned by Dolly James, LLC to Schultz pursuant to that Assignment and Assumption Agreement dated June 30, 2017 (the "2017 Assignment"). C. Schultz possesses all right, title and interest in and to the Development Agreement, and desires to sell, assign, and transfer the Development Agreement to CRT, and CRT desires to accept said sale, assignment, and transfer upon the terms and conditions hereinafter set forth and agrees to assume all of the obligations of Schultz under the Development Agreement. TERMS i NOW, THEREFORE, in consideration of the promises and of the mutual covenants, contained herein, and for j One Dollar($1.00)and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,it is agreed as follows: 1. Assignment. Schultz hereby sells, assigns and transfers to CRT all of Schultz's right, title, and interest in and to the Development Agreement.The foregoing sale,assignment and transfer is made without any recourse to Schultz by CRT,except that CRT shall have recourse against Schultz for any breach of its agreements f set forth herein, or for any damages CRT incurs as a result of the inaccuracy of SchuItz's representations contained herein. 2. Defaults. Schultz represents and warrants to CRT that there are no defaults (or events that with , the giving of notice, the passage of time, or both, would constitute a default) under Development Agreement, and that Schultz has not received any notices of default from the City under Development Agreement, i 3. Acceptance, Assumption and Indemnification. CRT hereby accepts the foregoing sale, assignment and transfer, and hereby assumes and promises to fully and completely perform all covenant,stipulations, agreements and obligations of Schultz under the Development Agreement arising or accruing on and after closing in the same manner as if CRT were the original Company thereunder, and Schultz shall be responsible for the period from the date of the 2017 Assignment up to the closing. Schultz shall indemnify and hold CRT harmless from any and all claims,demands, actions, causes of actions, suits, proceedings, damages, liabilities and costs of every nature whatsoever which relate to Development Agreement arising from the date of the 2017 Assignment up to the closing. CRT shall indemnify and hold Schultz harmless from any and all claims, demands, actions, causes of action, proceedings, damages, liabilities, and costs of every nature whatsoever which relate to Development Agreement arising on or after closing. Page 366 of 447 DocuSign Envelope ID:6FABOE5A-B725-4A5F-9192-558D8DBEC9B6 4. Representations. Schultz hereby makes the following representations and warranties to CRT: A. The Development Agreement is not amended or modified in any manner. B. The Development Agreement is in full force and effect,and Schultz has full right and power to assign Development Agreement to CRT. C. There is no other assignment(collateral or absolute)of Schultz's right,title,or interest in Development Agreement. Schultz is the sole and lawful owner and holder of Development Agreement, D. Schultz's interest in Development Agreement is unencumbered. 5. Binding Effect.This Agreement shall be binding upon and inure to the benefit of the successors, heirs, and assigns of the parties. The parties shall execute and deliver such further and additional instruments,agreements and other documents as may be necessary to evidence or carry out the provisions of this Agreement. 6. Entire Agreement.This Agreement supersedes all agreements previously made between the parties relating to its subject matter. There are no other understandings or agreements between the parties. 7. Notices.All notices or other documents under this Agreement shall be in writing and delivered personally or mailed by certified mail, postage prepaid, addressed to the parties at their last known addresses. In the alternative,fax notices,to the last known fax number of the parties shall be deemed sufficient. 8. Nonwaiver.No delay of failure by either party exercise any right under this Agreement,and no partial or single exercise of any right under this Agreement shall constitute a waiver of that or any other right, unless expressly provided herein. 9. Governing Law.This Agreement shall be construed in accordance with and governed by the laws of the State of Iowa,without regard to its conflict of law rules.The place for enforcement of this Agreement shall be the Iowa District Court for Black Hawk County,and all parties hereby submit to the jurisdiction of the Courts of that County. 10. Attorneys'Fees.The prevailing party in any legal action brought to enforce this Agreement shall be entitled to reasonable attorney fees and costs. IL Countemarts.This Agreement may be executed in counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument.Fax signatures shall be deemed to have the same effect as originals. [signature page follows] Page 367 of 447 DocuSign Envelope ID:6FABOE5A-B725-4A5F-9192-558D8DBEC9B6 IN WITNESS WHEREOF, the undersigned execute this Assignment and Assumption Agreement as of the date set forth above. Cedar River Trail Apartments,LLC Gay and W. Schul and Cy thia A. docuSlQned by: Sc 2010 Interv' os ru By: Ri Ck Beye r y: mon At Its: T stee Member By:tynthia A.Schultz Its:Trustee Page 368 of 447 DocuSign Envelope ID:6FABOE5A-B725-4A5F-9192-558DBDBEC9B6 EXHIBIT A LEGAL DESCRIPTION UNITS 1 THROUGH 12,IN EACH OF THE BUILDINGS 820, 824, 910, 914, 920 AND 924, SYCAMORE STREET CONDOMINIUMS,TOGETHER WITH ALL APPURTENANCES THERETO INCLUDING AN UNDIVIDED FRACTIONAL INTEREST IN THE GENERAL COMMON ELEMENTS,LIMITED COMMON ELEMENTS,AREAS AND FACILITIES AS DETERMINED FOR SAID UNITS BY THE PROVISIONS OF,AND IN ACCORDANCE WITH THE DECLARATION OF SUBMISSION TO HORIZONTAL PROPERTY REGIME FOR SYCAMORE STREET CONDOMINIUMS,FILED IN THE OFFICE OF THE RECORDER OF BLACK HAWK COUNTY, IOWA, ON DECEMBER 31, 2012 AND RECORDED AS FILE NO. 2013-00013664. SYCAMORE STREET CONDOMINIUMS,AS PRESENTLY CONSTITUTED, IS LOCATED ON PARCEL"R"OF PLAT OF SURVEY DOC. #2012-18349, BEING A PART OF THE LOTS 1,4, 5, 8 AND 9,IN BLOCK 1; ALL OF BLOCK 22; PART OF THE FRACTIONAL BLOCK ALONG THE CEDAR RIVER OPPOSITE BLOCKS 1 AND 22;VACATED EAST 7TH STREET LYING BETWEEN BLOCKS 1 AND 22; AND PART OF VACATED WATER STREET GENERALLY LYING SOUTHWESTERLY OF BLOCKS 1 AND 22,ALL IN THE ORIGINAL PLAT, ON THE EAST SIDE OF THE CEDAR RIVER, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. Page 369 of 447 CITY OF WATERLOO Council Communication Resolution approving a Temporary Construction Easement Agreement with BPC Properties, LLC, in the amount of$3,402.91, in conjunction with reconstruction of the Park Avenue Bridge located at 102 East Park Avenue, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type ❑ Temporary Easement Agreement Backup Material ❑ Temporary Easement Plat Backup Material Resolution approving a Temporary Construction Easement Agreement with SUBJECT: BPC Properties, LLC, in the amount of 83,402.91, in conjunction with reconstruction of the Park Avenue Bridge located at 102 East Park Avenue, 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 Transmitted is a request to enter into a temporary construction easement Agreement with BPC Properties, LLC in the amount of$3,402.91 for the reconstruction of the Park Avenue Bridge, located at 102 East Park Avenue. Summary Statement: Attached is a map showing the area of the temporary construction easement and its dimensions. Replacement of the over 80 year old bridge will continue the ongoing efforts to continue to enhance Downtown Waterloo adding to all the other successes that have occurred over the years. Replacement of the Park Avenue Bridge will have a great impact on Neighborhood Impact: Downtown Waterloo. The current bridge is in need of many repairs and the new bridge will provide another enhancement to downtown. Data/Analysis and Strategies: Expenditure Required/Source of Federal Bridge Grant, RISE, GO Bonds and Local Option Funds: Page 370 of 447 Prepared by Tian Andera, City of Waterloo,Waterloo,IA 50703. Phone(319)291-4366 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the "Agreement") is entered into as of 2021 by and between BPC Properties, LLC ("Grantor"), and the City of Waterloo, Iowa("Grantee' I. Grant of Temporary Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration in the amount of $3,402.91, the receipt and sufficiency of which is hereby acknowledged Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a temporary easement for purposes relating to construction of the Improvements (the "Temporary Easement") in, to, upon, over, across, and beneath the real estate (the "Temporary Easement Premises") as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. The Temporary Easement shall expire upon conclusion of all construction,cleanup,and demobilization activities upon the Premises and adjacent land, or January 1, 2024, whichever occurs first. 2. Purpose. The Temporary Easement Premises is intended for use by Grantee, its employees, contractors and agents, to reconstruct the Park Avenue Bridge and utility improvements (the "Improvements"). It is the intention of the parties that Grantee shall assume all responsibility for the construction of the Improvements adjacent to the Premises, and that Grantor shall have no liability relating to the Easement or the Improvements except as may arise from the Grantor's own negligent acts or omissions or willful misconduct. Improvements include stairs and retaining walls that will be maintained by the Grantee after completion of the project. A separate agreement will address the maintenance of the stairs and retaining walls and will be filed with the Black Hawk County Recorder, 3. Grantor Duties and Privilelzes. Grantor shall deliver possession of the Temporary Easement Premises to Grantee, "as is, where is", without any representation or warranty as to the condition of same. Grantor shall have no duty to prepare the Temporary Easement Premises in any way for Grantee's use. Following transfer of possession of the Temporary Easement Premises, Grantor shall have no further duty or obligation with respect to same, except as set forth herein. Grantor may mow or care for grasses and vegetation growing in the Temporary Easement Premises during the period of this Agreement, but may not conduct other activities upon the Temporary Easement Premises Page 371 of 447 z without the prior written consent of Grantee. Grantor agrees that any activities that Grantor, its officers, employees, contractors or agents undertake on the Temporary Easement Premises during the term hereof shall be at their sole risk, and Grantor hereby agrees to indemnify Grantee, its officials, officers, employees, contractors and agents, with respect to any and all claims for injuries, death, property damage, property loss or otherwise, arising from the acts or omissions of Grantor, its officers, employees, contractors or agents, on or about the Temporary Easement Premises during the term of this Agreement. IN WITNESS WHEREOF,the panties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. BPC PROPERTIES, LLC CITY OF WATERLOO,IOWA By: By: Quentin M. Hart, Mayor Title: Attest: Kelley Felchle, City Clerk BETH ELLEN CEHRKE STATE OF IOWA r COMMISSION NO.813004 * Is=PIRES ) ss. Mw� BLACK HAWK COUNTY ) pp�� r � Acknowledged before me on OC/b W "> , 2021, by VUl l 1 as �26� of BPC Properties, LLC Not ublic STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2021, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo,Iowa. Notary Public Page 372 of 447 INDEX LEGEND SURVEY LOCATED:A PART OF A VACATED ALLEY, PART OF LOTS 6,7,8,9&10,ALL IN P.J. SURVEYOR & RETURN TO: MARTIN'S REPLAT OF BLOCK 4,A PART SETH A. WHITACRE, P.L.S. OF VACATED WATER STREET AND PART OF LOT 10, BLOCK 4, ORIGINAL PLAT, MARTIN & WHITACRE WATERLOO, IA, EAST SIDE OF THE CEDAR SURVEYORS & ENGINEERS, INC. RIVER. 1508 BIDWELL ROAD MUSCATINE, IOWA 52761 PROPERTY OWNER: Exhibit l ��A�� PHONE: 563-263-7691 BPC PROPERTIES L.L.C. SERVICE PROVIDED FOR: SITE ADDRESS: 102 EAST PARK AVE CITY OF WATERLOO WATERLOO, IOWA 50703 316 EAST 5TH STREET DATE OF SURVEY: WATERLOO, IOWA 50703 4/22/2021 SURVEY REQUESTED BY: BASIS OF BEARING: CITY OF WATERLOO IOWA STATE PLANE COORDINATE SYSTEM-NORTH ZONE(NAD83) LEGEND ACQUISITION PLAT OF TEMPORARY EASEMENT BEING CONVEYED • FOUND, AS NOTED TO THE CITY OF WATERLOO, IOWA Q ® TEMPORARY EASEMENT PARK AVENUE BRIDGE REPLACEMENT PROPERTY/ROW LINE - — — — - OR I G I NAL LOT LINE FOUND MA6NETI G 40 0 40 NAIL IN GONRETE AT NORTHERNMOST GORNER OF BLOGK 4 NORTHERNMOST GORNER OF LOT 10 �O \,y0' LOT 3 6.00 RI-OGK 4 P.O.B. S 4ci°01'36" E /00, \ 10.65' S 4100854" W 57.30' S 4-701-7'48" E - 5.64' S R/8> 910 S 0500627" E - 24.40' p� \ 4000055" W - 32.6G' FOUND MA6NETIG NAIL IN GONRETE MARTIN'S REPLAT / WESTERNMOST GORNEROF LOT 6 \ 5 8 6°42.5' 1 "'N \\\ LOT 10 y503°04'19" EZ41.12 \ '�� / ,��` // /�\ \\ FOUND GUT "X" AP EA \ / 0 // // / %\ \ IN GONGRETE 0.14 AGRES 86°OLY01" N / / / ON THE / \ 2W2G' / SOUTHWESTERLY S �3 11'24" E / / ,\�' // / LINE OF LOT . ` 5�j qq 0 // OF BLOGK 4 N 48058'4x" W 541003 11611 W $c41 .0 28.56 R 9% \ / / FOUND GUT "X" IN SIDEWALK AT SOUTHERNMOST ?\ GORNER OF BLOCK 4 SURVEY COMPANY/ RETURN TO: Martin & Whitacre Surveyors & Engineers, Inc. 1508 BIDWELL ROAD, MUSCATINE, IOWA 52761 I hereby certify that this land surveying document was INFO@MARTIN-WHITACRE.COM (563)263-7691 prepared and the related survey work was performed SURVEYOR: SETH A. NHITAGRE by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor PROPRIETOR(S): BPG PROPERTIES LLG under the laws of the State of Iowa. 1�'�:.� REQUESTOR: ��t, ,q. (,v�� ---- r��~O•• •'`rte A PART OF OAACATTED ATL Y,PP RT F LOT5 b,-f,8,9 d SETH A. LOCATION: 10 ALL IN P.J. MARTIN'S REPLAT OF BLOCK 4, AND Seth A. Whitacre r� :r� o: WHITACRE PART OF VACATED WATER 5T. AND PART OF LOT 10, BLOGK 4, Date 04/22/21 Reg. No. 18379 18379 o ORIGINAL PLAT, WATERLOO, IA, EA5T 51DE OF THE GEDAR RIVER 0�:. •�� SURVEY TYPE: TEMPORARY EASEMENT M license renewal date is December 31, 2022 .• My IOWA•.• � FILE BOOK SCALE DRN CHK'D DATE JOB NO. Pages or sheets covered by this seal: 2 8380 8380 1"=40' JMS SAW 4/22/21 65ao.20 REV. I BPG EASEMENT- REVISED.DWG I SHEET I OF 2 Page 373 of 447 Exhibit "A" Cont. ACQUISITION PLAT OF TEMPORARY EASEMENT BEING CONVEYED TO THE CITY OF WATERLOO, IOWA PARK AVENUE BRIDGE REPLACEMENT DESCRIPTION - TEMPORARY EASEMENT THE EASEMENT GRANTED FOR CONSTRUCTION PURPOSES IS TO LAND DESCRIBED AS FOLLOWS: A PART OF A VACATED ALLEY, PART OF LOTS 6, 7, 8, 9 & 10, ALL IN P.J. MARTIN'S REPLAT OF BLOCK 4, A PART OF VACATED WATER STREET AND PART OF LOT 10, BLOCK 4, ORIGINAL PLAT WATERLOO, EAST SIDE OF THE CEDAR RIVER, LYING WEST OF THE WEST LINE OF SECTION 25, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT OF WAY OF PARK AVENUE BEING 6 FEET SOUTHWESTERLY OF THE NORTHERNMOST CORNER OF LOT 10 OF P.J. MARTIN'S RE-PLAT; THENCE SOUTH 49001'36" EAST 10.63 FEET; THENCE SOUTH 41008'34" WEST 57.30 FEET; THENCE SOUTH 47017'48" EAST 5.64 FEET; THENCE SOUTH 05008'27" EAST 24.40 FEET; THENCE SOUTH 40000'35" WEST 32.69 FEET; THENCE SOUTH 86025'41" WEST 24.37 FEET; THENCE SOUTH 03034'19" EAST 41.12 FEET; THENCE SOUTH 86008'01" WEST 28.29 FEET; THENCE SOUTH 03011'24" EAST 30.99 FEET; THENCE SOUTH 41003'16" WEST 28.56 FEET; THENCE NORTH 48058'49" WEST 46.01 FEET; THENCE NORTH 40°39'52" EAST 224.17 FEET TO THE POINT OF BEGINNING; CONTAINING 0.14 ACRES, MORE OR LESS. SURVEY COMPANY/ RETURN TO: Martin & Whitacre Surveyors & Engineers, Inc. 1508 BIDWELL ROAD, MUSCATINE, IOWA 52761 INFO@MARTIN-WHITACRE.COM (563)263-7691 SURVEYOR: SETH A. INHITACRE PROPRIETOR(S): BPG PROPERTIES LLG REQUESTOR: CITY OF NATERLOO A PART OF A VAGATED ALLEY, PART OF LOTS 6,x,8,9 LOCATION: 10 ALL IN P.J. MARTIN'S REPLAT OF BLOCK 4, AND PART OF VAGATED WATER 5T. AND PART OF LOT 10, BLOCK 4, OR16INAL PLAT, WATERLOO, IA, EAST 51DE OF THE CEDAR RIVER SURVEY TYPE: TEMPORARY EASEMENT FILE BOOK SCALE I DRN CHK'D DATE JOB NO. 8380 8380 1"=40' JM5 SAW 4/22/21 1 85x0.20 REV. 1 Bpo EASEMENT- REVISED.DWG SHEET 2 OF 2 Page 374 of 447 CITY OF WATERLOO Council Communication Resolution approving a request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 2nd Addition, a 5-lot commerciaVindustrial subdivision located east of 2510 Leversee Road, including a stormwater maintenance agreement, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type ❑ Council Letter Attachments Backup Material Resolution approving a request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 2nd Addition. a 5-lot commercial/industrial SUBJECT: subdivision located east of 2510 Leversee Road, including a stormwater maintenance agreement, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson. Community Planning and Development Director The Planning and Zoning Commission unanimously recommended approval of the Final Plat request at their regular meeting on May 11, 2021. Recommended Action: Staff is recommending approval of the final plat Transmitted herewith is a resolution approving a request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 2nd Addition, a 5- lot commercial/industrial subdivision located east of 2510 Leversee Road, and a resolution approving a stormwater maintenance agreement Included in the attachments are the following: • Staff report • Overview Map Summary Statement: . Aerial Map • Final Plat • Deed of Dedication • Certificate of Survey • Report of City Engineer • Stormwater Maintenance Agreement A project is going to construct a new 170,000 square foot building on Lot 4 and future expansions plan to grow that building up to 200,000 square feet. The request would not appear to have a negative impact on the surrounding neighborhood or land use as the area being platted is part of the Waterloo Page 375 of 447 Regional Airport and is in close proximity the North Cedar Falls Industrial P ark. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Leversee Road which is a Collector, and West Airline Highway which is Minor Arterial. The area is also served by Lone Tree Road, a collector which connects to US Highway 218, a principal arterial. The area of the proposed plat is zoned "M-2,P"Planned Industrial District and has been zoned as such since the adoption of Ordinance No. 4077 on March 13, 1995. Surrounding land uses and their zoning are as follows: North— Waterloo Regional Airport and farmland zoned"M-2,P"Planned Industrial District. South—Waterloo Regional Airport and farmland zoned "M-2,P"Planned Industrial District East—Waterloo Regional Airport zoned "M-2,P"Planned Industrial Neighborhood Impact: District. West— Residences and Agriculture zoned by the City of Cedar Falls "M-1" Light Industrial and"A-1"Agricultural. Residences built between 1930 and 1966. No buffers would be required as a part of this plat request. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0166F, 0158F and 0167F dated July 18, 2011. The nearest open space is Big Woods Lakes Recreation area located one mile to the west and George Wyth State Park is located 1.79 miles to the south. The Future Land Use Map designates this area as Industrial. The proposed plat conforms to the Future Land Use Map and Comprehensive Plan. The applicant is requesting the Final Plat of Waterloo Air and Rail Park 1st Addition. The Planning Programming and Zoning Commission at their May 11, 2021 meeting to recommend approval of the final plat. Implementation,Accountability, N/A and Communication: Expenditure Required/Source of None Funds: "WATERLOO AIR AND RAIL PARK 2 ND ADDITION" SECTIONS 32-T90N-R13W& 5-T89N-R13W CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SAID PROPERTY IS LEGALLY DESCRIBED AS: A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF Page 376 of 447 THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 90 NORTH, RANGE 13 WEST AND THE NORTHWEST FRACTIONAL 1/4 OF THE NORTHWEST FRACTIONAL 1/4 OF SECTION 5, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE, N89°02'09"E 33.00'ALONG THE SOUTH Legal Descriptions: LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 32 TO A POINT ON THE EAST LINE OF THE PRESENTLY ESTABLISHED RIGHT OF WAY OF LEVERSEE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, N1023'05"W 1410.02' ALONG SAID EAST RIGHT OF WAY TO THE SOUTHWEST CORNER OF WATERLOO AIR AND RAIL PARK IST ADDITION AND RECORDED IN INSTRUMENT NO. 2021-00020194 IN THE OFFICE OF THE RECORDER BLACK HAWK COUNTY, IOWA; THENCE, N89°21'21"E 1009.80'ALONG THE SOUTH LINE OF SAID WATERLOO AIR AND RAIL PARK IST ADDITION TO THE SOUTH EAST CORNER OF SAID WATERLOO AIR AND RAIL PARK IST ADDITION; THENCE, S0020'23"E 2072.59'; THENCE, S89002'09"W 993.40' TO A POINT ON SAID EAST RIGHT OF WAY OF LEVERSEE ROAD; THENCE, N0027'20"E 668.32' ALONG SAID EAST RIGHT OF WAY TO THE POINT OF BEGINNING, CONTAINING 47.37 ACRES INCLUDING 1.36 ACRES OF FUTURE ROAD RIGHT OF WAY. Page 377 of 447 May 11,2021 REQUEST: Request by the City of Waterloo for the Final Plat of Waterloo Air & Rail Park 2nd Addition, a 5-lot industrial subdivision located across from 2322 Leversee Road. APPLICANT: City of Waterloo, 715 Mulberry, Waterloo, IA 50703 GENERAL The applicant is requesting approve the final plat of Waterloo Air DESCRIPTION: and Rail Park 2nd Addition, a 5-lot industrial subdivision. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use as the area being platted is SURROUNDING part of the Waterloo Regional Airport and is in close proximity to the LAND USE: North Cedar Falls Industrial Park. VEHICULAR & The proposed plat would not appear to have a negative impact PEDESTRIAN upon vehicular or pedestrian traffic conditions in the area. The site TRAFFIC is served by Leversee Road which is a collector and will also be CONDITIONS: served by an extension of East Lake Street which is a local street, and Lone Tree Road, which is a collector. RELATIONSHIP TO There are no recreational trail located near the site and no RECREATIONAL sidewalks in the area. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area of the proposed plat is zoned "M-2,P" Planned Industrial FOR SITE AND District and has been zoned as such since the adoption of IMMEDIATE VICINITY: Ordinance No. 4077 on March 13, 1995. Surrounding land uses and their zoning are as follows: North —Waterloo Regional Airport and farmland zoned "M-2,P" Planned Industrial District. South — Waterloo Regional Airport and farmland zoned "M-2,P" Planned Industrial District East —Waterloo Regional Airport zoned "M-2,P" Planned Industrial District. West — Residences and Agriculture in the City of Cedar Falls zone "M-1" Light Industrial and "A-1" Agricultural. DEVELOPMENT Homes built in 1900 through the 1970's and industrial development HISTORY: built between 2011 and 2014 are the only developments in the immediate vicinity. BUFFERS/ No buffers would be required as a part of this plat request. SCREENING REQUIRED: DRAINAGE: A drainage plan will need to be submitted to Engineering when buildings are constructed. FLOODPLAIN: No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Across from 2322 Leversee Rd. Final Plat WARP 2"Addition Pdg@f 3719 of 447 May 11,2021 Insurance Rate Map, Community Number 190025 and Panel Number 0167F dated July 18, 2011. PUBLIC /OPEN There are no schools in the vicinity. Big Wood Lakes Park is SPACES/ SCHOOLS: located 3/4 of a mile to the west in Cedar Falls. UTILITIES: WATER, Utilities have been extended to serve the plat. SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO The Future Land Use Map designates this area as Industrial. The COMPREHENSIVE proposed plat conforms to the Future Land Use Map and LAND USE PLAN: Comprehensive Plan. STAFF ANALYSIS — The applicant is requesting the Final Plat of Waterloo Air and Rail ZONING Park Second Addition. The plat includes 5 lots. Originally the plat ORDINANCE: was to include 4 lots however the 10 northern acres of what was planned to be lot 4 is being split off to create Lot 5. Lot 1 is 4.96 Acres, Lot 2 is 4.03 acres, Lot 3 is 4.03 acres, Lot 4 is 20 acres and Lot 5 is 7.57 acres. Tract "A" represents the extension of an extension of a new street that will be named Hyper Drive and the City received RISE funding to assist in construction of that road. Tract "B" is a stormwater management area that will serve Waterloo Air and Rail Park 1 st Addition and Tracts "C" and "D" will serve stormwater purposes in the new subdivision. A 60' sanitary sewer/drainage easement is shown along the frontages of the lots fronting up to Leversee Road, a 20' drainage easement is located between Lots 4 and 5, a 30 drainage easement on the rear of Lot 1 and 40' drainage easements on the rears of Lots 2 and 3. All buildings developed will need to meet the requirements of the Waterloo Regional Airport Overlay Zoning which limits the height of buildings in the area. STAFF ANALYSIS — The Final Plat includes the following items: SUBDIVISION ORDINANCE: 1) legal description 2) property lines: dimensions 3) date 4) easements 5) right-of-way 6) proper property lot sequence 7) adjoining subdivisions A certificate of survey and deed or dedication has been turned in along with a stormwater maintenance agreement for the parties that will have to maintain those area. Across from 2322 Leversee Rd. Final Plat WARP 2"Addition Pdg@f 3719 of 447 May 11,2021 STAFF Therefore, staff recommends that the Final Plat for Waterloo Air RECOMMENDATION: and Rail Park 2nd Addition be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. 4. The plat meets the requirements of the Subdivision Ordinance. Across from 2322 Leversee Rd. Final Plat WARP 2nd Addition Pcfg@f38V of 447 City of Waterloo Planning, Programming and Zoning Commission May 11, 2021 i i O O W AIRLINE HWY -FT-= �r■.�.■ pApwA y ST J� i 218 I .Q� 9sti'ti c 04- �q�Nep�O T `S'T �Iv?r� I lam\ RIVFR C7 'AOS N Across from 2322 Leversee Road W .E Final Plat s City of Waterloo ,,000 Sao o ,,000 . . ®Feet Page 381 of 447 City of Waterloo Planning, Programming and Zoning Commission May 11, 2021 Waterloo Air and Rail Park 2nd Addition E .. w J Waterloo Regional Airport ►t t p, f .F ^yq�yq 'e@ N Across from 2322 Leversee Road W+E Final Plat s City of Waterloo 250 125 o 250 . . Feet Page 382 of 447 FINAL PLAT WATERLOO AIR AND RAIL PARK 2ND ADDITION WATERLOO , IOWA PROJECT LOCATION sON 89N $ t sDflVEV wx COUNTY VICINITY MAP NOT TO SCALE SURVEYOR AND ENGINEER SHEET INDEX JEREMY A.HARRIS,P.L.S. SHEET 1 TITLE SHEET ADAM DATERS,P.E. SHEET 2 FINAL PLAT CLAPSADDLE-GABBER ASSOCIATES P.O.BOX 754-16 E.MAIN STREET MARSHALLTOWN,IOWA 50158 (641)752-6701 OWNERS OF RECORD ZONING INFORMATION: CITY OF WATERLOO CURRENT:M-2,P(PLANNED LIGHT INDUSTRIAL) FLOODPLAIN: LOT TABLE 4 LIMITS OF ZONE X SHOWN PER NFIP FIRM MAP NUMBER 19013CO166F AND SURVEY REQUESTED BY: 19013COl 66F EFFECTIVE JULY 18,2011. LOT ACRES SQ FT B CITY OF WATERLOO PREPARED DATE: 2 4.03 175,492 715 MULBERRY STREET 3 4.03 175,492 WATERLOO,IOWA 50703 MAY 3.2021 4 20.00 871,205 5 7.57 329,679 NOTE: TRACT"A" 1.36 59,062 CLOSURE: TRACT"B" 1.49 65,001 ALL SUBDIVISION BOUNDARIES ARE WITHIN THE 1:10,000 ALL BEARINGS ARE THE RESULT OF G.P.S. TRACT"C" 2.47 107,470 ERROR OF CLOSURE REQUIREMENT OBSERVATIONS USING NAD8310WA STATE PLAN NORTH ZONE TRACT"D" 1.46 63,815 ALL LOTS ARE WITHIN THE 1:5000 ERROR OF CLOSURE LL REQUIREMENT. 3 SURVEY LEGEND • GOVERNMENT CORNER MONUMENT FOUND TRACT SUMMARY: o GOVERNMENT CORNER MONUMENT SET = TRACT A-FUTURE ROAD RIGHT OF WAY 1/2"x 30"REBAR w/BLUE PLASTIC ID CAP#22259 LEGAL DESCRIPTION TRACT B-STORMWATER MANAGEMENT PARCEL OR LOT CORNER MONUMENT FOUND TRACT C-STORMWATER MANAGEMENT • SET 1/2"x 30"REBAR w/BLUE PLASTIC A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32,TOWNSHIP 90 NORTH, TRACT D-STORMWATER MANAGEMENT ID CAP#22259 - RANGE 13 WEST AND THE NORTHWEST FRACTIONAL 1/4 OF THE NORTHWEST FRACTIONAL 1/4 OF SECTION 5,TOWNSHIP 89 () RECORDED AS NORTH,RANGE 13 WEST OF THE 5TH P.M.,CITY OF WATERLOO,BLACK HAWK COUNTY,IA MORE PARTICULARLY DESCRIBED AS FOLLOWS: (GROSS-ACRES) (EASE-ACRES) (NET-ACRES) I hereby certify that this land surveying document was prepared COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32;THENCE,N89°02'09"E 33.00'ALONG THE SOUTH LINE OF SW1/4 SW1/4 R. S and the related survey work was performed by me or under THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 32 TO A POINT ON THE EAST LINE OF THE PRESENTLY SEC 32-90-13 32.20 AC 0.68 AC 31.52 AC J�S�CENS my direct personal supervision and that am a duly Licensed NW FR1/4 NW FR1/4 AQP v Professional Land Surveyor under the laws of the State of Iowa. ESTABLISHED RIGHT OF WAY OF LEVERSEE ROAD,SAID POINT ALSO BEING THE POINT OF BEGINNING;THENCE,N1°23'05"W 15.17 AC 0.68 AC 14.49 AC 1410.02'ALONG SAID EAST RIGHT OF WAY TO THE SOUTHWEST CORNER OF WATERLOO AIR AND RAIL PARK 1 ST ADDITION SEC 5-89-13 17162 - AND RECORDED IN INSTRUMENT NO.2021-00020194 IN THE OFFICE OF THE RECORDER BLACK HAWK COUNTY,IOWA; TOTAL 47.37 AC 1.36 AC 46.01 AC y� Travis R.Stewart,PLS date THENCE,N89°21'21"E 1009.80'ALONG THE SOUTH LINE OF SAID WATERLOO AIR AND RAIL PARK 1ST ADDITION TO THE Iowa License Number 17162 FS QJ My License Renewal Date is December 31,2021 3 SOUTH EAST CORNER OF SAID WATERLOO AIR AND RAIL PARK 1ST ADDITION;THENCE,SO°20'23"E 2072.59;THENCE, at°Lr� Pages or sheets covered by this seal: THIS SHEET S89°02'09"W 993.40'TO A POINT ON SAID EAST RIGHT OF WAY OF LEVERSEE ROAD;THENCE,NO°27'20"E 668.32'ALONG SAID EAST RIGHT OF WAY TO THE POINT OF BEGINNING,CONTAINING 47.37 ACRES INCLUDING 1.36 ACRES OF FUTURE ROAD - RIGHT OF WAY. NO. REVISION BY DATE NO. REVISION BY DATE Clapaaddle-Garber Associates,I. LDESI.GNED: - DATE: - PROJECT NO. 16 East Main StreetWATERLOO AIR AND RAIL PARK 2ND ADDITION FINAL PLAT SHEET ND. 3 N - DATE: - 5623.05 7�h6at-75z-67m CKED: - DATE: - WATERLOO,IOWA 1OF2 VED: - DATE: - S 1/4 CORNER SECTION 32-90-13 p IT C - — - - — - - — - - — - - — - - FUTURE WATERLOO AIR AND RAIL PARK ADDITION SO'20'23"E----------------------------------------------------- - 1095.41 ---------------------------------------- 2072.59' t-------------------------------------------------------------------------------------------------------------------- ;T(63787) FF- - — — — —(4776-2) 300.00' 941.31' 6OJO(y 1 638.15' TRACT"C" o TRACT T" STORMWATER MANAGEMENT 2.47 AC STORMWATER MANAGEMENT L6 0 0l 1.46 AC -----------------NO 20'23"W---------------------------------------------- 3 w ------------------------------------------------ ---------------------- -------- 04.98' ---------- TRACT T" -- -------- 102.46 972.52' II l U) 1.49 AC W I C11 i Vol STORMWATER MANAGEMENT c2§ TRACT"N' z 1.36 AC LOT 3 - --------- 280.00- 4.03 AC ------ 6000 ROW S 0'20'23"E--------- C4 II a II (NO'8-39"W500.00— —)— — — — A - 13 III L 10.00'PUE SEMI A / 10.00'DRAINAGE EASEMENT -------NO*20'23"W------- ------------------------------- -------------------- 638.15' -------------------- 10.00-PLE-II . 'PUE /A 10.00 0 10.00'DRAINAGE EASEMENT LOT 4 Lij s' 0LOT 5 20.00 AC �11 NLOT 2 A 7.57 AC cq in w 4.03 AC p b)0) 0 1 1 oo F4 cli II II 40.00'DRAINAGE EASEMENT -(NI'31'39'120100')- ----------------------NOo20'23"W------- ------------------------------ 638.15' --------------------------- 10.00'PUE 50.00'STORM SEWER EASEMENT PARCEL OF LAND OWNED BY 10.09'PUE PARCEL OF LAND OWNED BY CITY OF WATERLOO E� CITY OF WATERLOO LOT 1 Vol 4.96 AC 1 c6 rx ZE ES R 30.00'DRAINAGE EASEMENT POINT OF BEGINNING IIS II -vi — — — — — — — — — — — - — — — — — — — — — — — -- — — — — — — — — — — — — — — L2 — — — — — — — — — — — 402.49' 977.53' -----------------:1� ---- --------------- (500 04') ------------------------------------------ ---- --------- 668.32' --- --NO'27'20"E --------------- ------------------------------------------------------------------------------------------------- ------ ---------------- - - — - - — - - — =------------ 0 I'LL I— — — — — -L 1 1 0 =2403. ------ LE -N - ------ ------------- - - — - - — - - — - - — - 1�21&------ ---------------------- ----------------------------------------- 0-27'211rw------------------------------------------------------ 2653-48' 3. SW 3: (SO-27.1 S112403.17') ---------- -------- ------------------------------------------------------------SI*23'06"E------------------------------------------------------------------------------------- --------- --- (S01'231 2''E 2653.48') SECTION 32-90-13 o W1/4 CORNER FND 2"DISC W 1/4 CORNER LEVERSEE ROAD W/#8508 MSECTION 5-89-13 SECTION 32-90-13 Q: LINE DATA POINT OF COMMENCEMENT FND 2"DISC FND 1/211 REBAR W/#8508 W/BPC#22259 Q: E, LINE NUMBER BEARING DISTANCE LI N89'0209"E 33.00' L2 81'23'06"E 30.00, L3 NDD27'2O"E 30.01, 72 L4 N89'02'09"E 984.54' 2 BUILDING SETBACK NOTE: L5 N89'02'09"E 984.13' L6 NO'2O'23"VV 20.00' ALL REQUIRED SETBACKS SHALL BE DETERMINED THROUGH PLAN REVIEW PER CITY L7 N89'21'21"E 100.00, OF WATERLOO ZONING REGULATIONS. SCALE:1"=100' NO. REVISION BY DATE NO. REVISION BY DATE C1 a.ddle-G.,be,Associates,Inc DEIGNED: —- DATE: - PROJECT NO. WATERLOOADDITION 5623.05 W GRAPHIC SCALE 16 E�Mai,Street LFA N DATE: AIR AND RAIL PARK 2ND C' i Marshalltown,Iowa 50158 CHECKED: DATE: FINAL PLAT SHEET NO. 0 100, 200' 300' Ph�1-752-6- WATERLOO,IOWA 2 OF 2 j2-=o-dkAA of ZVED, DATE: DEED OF DEDICATION WATERLOO AIR AND RAIL PARK, 2nd ADDITION WATERLOO,BLACK HAWK COUNTY, STATE OF IOWA The City of Waterloo, Iowa("Owner"),being desirous of platting the land described in the attached Certificate of Survey, by Jeremy A. Harris, a licensed land surveyor, dated , 2021, does by these presents designate and set apart the described premises as a subdivision of the City of Waterloo, Black Hawk County, Iowa, the same to be hereafter known as and called Waterloo Air and Rail Park, 2nd Addition,Waterloo, Black Hawk County, Iowa (the "Property"), all of which is with the free consent and desire of the undersigned, and the undersigned hereby dedicates and sets apart for public use the streets and avenues as shown on the attached plat. The undersigned hereby covenants and agrees for itself, its successors and assigns, that said subdivision shall be and the same is hereby made subject to the following restrictions as fully and effectively for all intents and purposes as if the same were contained and set forth in each deed, conveyance and mortgage that this grantor or its successors in interest may hereafter make and that such restrictions shall run with the land in the particulars hereinafter stated, to wit: ARTICLE I DEDICATION; RESTRICTIONS 1. Establishment of Restrictions. The Property is now held and shall hereafter be held, transferred, sold, leased, conveyed and occupied, subject to the covenants, conditions, restrictions and easements set forth in this instrument, each of which shall run with the land and shall be binding upon the inure to the benefit of each and every parcel of the Property, and each of which shall apply to and bind and benefit and may be enforced by the owner of each or any parcel of the Property, and the heirs, assignees and successors in interest of each and every owner of a parcel or parcels. 2. Utilities. Any company or agency supplying electricity, gas or communication service to any parcel in said addition shall have the right to construct, maintain and operate permanent underground gas, electricity, or communication feeder or service facilities, within the easement lines as shown on the plat of said addition attached hereto. Further, the City of Waterloo and any public company having a franchise for the distribution and sale of gas, electricity,water or communication service in said City shall have the right to construct, maintain and operate underground sewer, water, gas and communication service lines within the easement lines as shown on the plat attached hereto. The proprietor, agents and contractors of all such service corporations or agencies shall have the right of reasonable access to their said services and installations for the purpose of the proper construction, inspection, maintenance, repair, replacement and removal of their lines and equipment. 3. Other Easements. Owner does hereby dedicate and convey to the City of Waterloo, Iowa, its successors and assigns,perpetual easements for surface water drainage as shown on the plat attached hereto, including but not limited to the right to construct, maintain and operate any facilities or improvements relating thereto. Page 385 of 447 4. Further Dedications. Owner hereby further dedicates and conveys to the City of Waterloo, Iowa, its successors and assigns, the areas designated on the plat map as Tract"A", Tract"B", Tract"C" and Tract"D". Tract"A" is dedicated for street and right-of-way purposes. Tract"B", Tract"C" and Tract"D" are dedicated for storm water management purposes, development purposes and such other purposes as the City of Waterloo may hereafter declare by separate instrument for said Tracts. The City of Waterloo shall have discretion to dedicate and/or convey such portions of Tract`B", Tract"C" or Tract"D" as may be desirable for or in connection with private development of adjacent parcels and to place upon such tract or portion thereof such additional restrictions, or to release same from any limitation of purpose set forth above, as the City of Waterloo considers necessary or advisable. The owners of lots in the subdivision, as well as owners of lots in Waterloo Air and Rail Park, I"Addition(the "1St Addition"), shall enter into one or more agreements for the maintenance and repair of storm water facilities as required by the Waterloo Code of Ordinances and other governing law. 5. Storm Water Management Facility. Tract"B" in the subdivision shall be a storm water management facility(the "Facility"), and said Facility shall benefit certain lots in this subdivision and in the 1St Addition, all as described on Exhibit"A" attached hereto (collectively, the "Benefited Property"). The Owner shall perform the duties with relation to the Facility as required under a Maintenance and Repair Agreement to be filed concurrently with this Deed of Dedication,until such time that the Owner, in its sole discretion, assigns such duties to the WARP Storm Water Drainage Association (the "Association"). The Owner shall file articles of incorporation and adopt bylaws of the Association on or before the date on which the City of Waterloo, Iowa has accepted the Facility and other public improvements pursuant to the plat of this subdivision. The purpose of the Association shall be to ensure compliance with the Maintenance and Repair Agreement and to perform such other functions as may be set forth in the articles of incorporation and bylaws of the Association. The Association shall have authority to establish annual fees for membership in the Association and shall have authority to adjust the annual membership fees as it deems appropriate to carry out the duties described in this paragraph and in the Maintenance and Repair Agreement. The owner of each lot or other parcel of land included in the Benefited Property shall be a member of the Association. The annual fee to be paid by each Association member shall be proportional to the square footage or acreage of real estate owned by the member as compared to the square footage or acreage of the Benefited Property. Membership fees that are unpaid shall be assessed as a lien against the member's property in the manner and as provided for in the articles of incorporation or bylaws of the Association. ARTICLE II USE OF THE PROPERTY I. Permitted Use. Unless otherwise specifically prohibited by the City of Waterloo or other governmental agency,permitted uses shall be distribution warehouse, office facilities, technological or business operation, manufacturing, assembly facility, laboratory and research. 2. Uses Not Permitted. The following uses are expressly prohibited: Auto salvage yard, feed and fuel yard, slaughter houses, stock yards, or other facilities processing or handling live animals, the rendering or refining of fats and oils, or residential use. This is in addition to 2 Page 386 of 447 limitations called for in the zoning restrictions or ordinances applicable to the Property from time to time. 3. Other Conditions Not Permitted. Any facility or operation which causes a nuisance due to noise, odor, rubbish accumulation and/or release of hazardous materials in violation of applicable law, rule, regulation or order shall not be permitted. 4. Temporary Structures. Temporary structures will be allowed to be used only as construction offices and/or small tool sheds. The temporary structures are to be removed within two (2) years after placement. ARTICLE III DEVELOPMENTSTANDARDS 1. Vehicle Parking. All vehicle parking requirements must be provided for within the property boundaries and shall be set back from all property lines with street frontage a minimum of five (5) feet. 2. Truck Parkinfz and Maneuvering. The maneuvering area for trucks must be such as to allow for the truck to back up to the buildings or parking spaces without using the street as part of the maneuvering area. 3. Pavement Requirement. The entire area for auto parking, truck parking and maneuvering shall be paved. Notwithstanding the foregoing, the parking area for empty trucks may be gravel. Outside storage area, where approved, may be gravel. 4. Outside Storage. Outside storage will not be allowed, unless it is totally screened. Outside storage is allowed where approved through the site plan review process, and may be gravel. 5. Landscape. The entire area that is not covered with building and pavement must have only grass/landscaping in accordance with City of Waterloo requirements. 6. Building Materials. All exterior faces of buildings shall be finished. An expansion wall of different materials may be approved through the site plan approval process. 7. Fences. Where fences are to be installed, the fence shall be located entirely on the subject parcel and shall not be closer than ten feet from the street's right-of-way, and the area between the fence and the right-of-way shall be grassed and landscaped. The finished side of any fence shall be placed in such a manner as to face outward from the property. ARTICLE IV ORGANIZATION AND APPROVAL 1. Plan Approval. Proposed site plans will be reviewed through the City of Waterloo site plan process. Existing owners of land in the subdivision shall be notified of the plan review process at the time said plan is submitted to the City for review. 3 Page 387 of 447 2. Duration of Covenants. Unless otherwise extended or removed, these restrictions shall be applicable for a term of twenty-one (2 1) years commencing upon the recordation hereof and thereafter may be renewed as provided in Iowa law. At any time, any of the restrictions may be terminated by written agreement joined in by the owners of 90% in area of the land subject hereto. 3. Amendment. These restrictions may only be amended in writing by the agreement of not less than the owners of 90% in area of the land subject hereto. Any amendment to these restrictions shall be recorded. Dated , 2021. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2021 by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 4 Page 388 of 447 EXHIBIT "A" Benefited Property Lots 1, 2 and 3, Waterloo Air and Rail Park, 1st Addition, as described in Doc. No. 2021-20194. AND Lot 5, Waterloo Air and Rail Park, 2nd Addition. Page 389 of 447 CERTIFICATE OF SURVEY I, Travis R. Stewart, a duly Licensed Land Surveyor in the State of Iowa, do hereby certify that I have made a survey of property to be known as: "WATERLOO AIR AND RAIL PARK 2ND ADDITION" SECTIONS 32-T90N-R13W& 5-T89N-R13W CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SAID PROPERTY IS LEGALLY DESCRIBED AS. A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 90 NORTH, RANGE 13 WEST AND THE NORTHWEST FRACTIONAL 1/4 OF THE NORTHWEST FRACTIONAL 1/4 OF SECTION 5, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE, N89002'09"E 33.00' ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 32 TO A POINT ON THE EAST LINE OF THE PRESENTLY ESTABLISHED RIGHT OF WAY OF LEVERSEE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, N1023'05"W 1410.02' ALONG SAID EAST RIGHT OF WAY TO THE SOUTHWEST CORNER OF WATERLOO AIR AND RAIL PARK 1STADDITION AND RECORDED IN INSTRUMENT NO. 2021-00020194 IN THE OFFICE OF THE RECORDER BLACK HAWK COUNTY, IOWA; THENCE, N8902121"E 1009.80' ALONG THE SOUTH LINE OF SAID WATERLOO AIR AND RAIL PARK 1 ST ADDITION TO THE SOUTH EAST CORNER OF SAID WATERLOO AIR AND RAIL PARK 1ST ADDITION; THENCE, S0020'23"E 2072.59'; THENCE, S89002'09"W 993.40' TO A POINT ON SAID EAST RIGHT OF WAY OF LEVERSEE ROAD; THENCE, NO°27'20"E 668.32' ALONG SAID EAST RIGHT OF WAY TO THE POINT OF BEGINNING, CONTAINING 47.37 ACRES INCLUDING 1.36 ACRES OF FUTURE ROAD RIGHT OF WAY. �' toJoS'�ZoZ� Travis R. Stewart, PLS Date Iowa License Number 17162 My license renewal date is December 31, 2021. ENSFa 7, 17162 0 Q, `rs /O W P Q S/0NA L LPA S 5J Page 390 of 447 ENGINEERING DEPARTMENT 715 Mulberry St. o Waterloo,fA 50703 Phone(3'i9)291-4312 Fax(319)291-4262 ° Email:city.eiigineer(a),tt,aterloo-ia.org JAA•tEE-lu-NUTSON,PE m Cite Engineer October 5, 2021 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT WATERLOO AIR AND RAIL PARK 2ND ADDITION Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerely, Dennis . entz, E. Assist nt City Engineer WE'RE WORKINKi FOR YOU! An Equal OpportunitylMimativeAction Employer Page 391 of 447 Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50704 Phone (319)234-5701 STORM WATER FACILITY MAINTENANCE AND REPAIR AGREEMENT This Storm Water Facility Maintenance and Repair Agreement(the "Agreement") is entered into as of , by and between the City of Waterloo, Iowa, as owner of certain real estate hereinafter described as the "Benefited Property" (referred to in such role as the "Owner") and the City of Waterloo, Iowa, as governing authority of its Code of Ordinances (referred to in such role as the "Agency"). RECITALS A. Owner is the owner of real property platted as Waterloo Air and Rail Park, 1 st Addition(the"1 st Addition") and Waterloo Air and Rail Park, 2nd Addition(the "2nd Addition"). A parcel designated as Tract`B" in the 2nd Addition(the "Facility") is intended to function as part of the storm water management system for the contributing drainage area in said subdivisions, comprised of the real estate described on Exhibit"A" attached hereto (the `Benefited Property"). B. In connection with construction of the Facility and other development activities to be undertaken in the 1 st Addition and 2nd Addition, a maintenance and repair agreement is required by Section 84C-5 of the Waterloo Code of Ordinances. C. As a condition to development of the subdivisions and to the Agency's approval of this Agreement, Owner is willing to obligate itself and its permitted successors, assigns and transferees to maintain and repair the Facility on the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: I. Installation, Maintenance and Repair. Owner agrees to install, construct, maintain, repair, and reconstruct the Facility as set forth herein. Owner shall be solely responsible for the inspection, maintenance and repair of the Facility so that the Facility continues to function as originally designed for its primary purpose and use for storm water 1 Page 392 of 447 management, storm water release and pollutant filtration. Unless Owner obtains a waiver or variance, it shall comply with (a) all applicable requirements of Title 8, Chapter 4 of the Waterloo Code of Ordinances, including the provisions of all applicable Articles thereunder, or any successor provisions thereto, (b) all applicable requirements of any other provisions of the Waterloo Code of Ordinances, (c) all standards and specifications required by the City Engineer in the exercise of his or her reasonable discretion, initially including but not limited to those set forth on Exhibit`B" attached hereto, and(d) all standards and best management practices set forth in the Iowa Storm Water Management Manual or successor publication, as any of the foregoing may now or hereafter be in effect. Owner shall be solely responsible to conduct such periodic inspections of the Facility as may be reasonably necessary to ensure compliance with its duties hereunder, to retain records thereof as required by ordinance, and to timely prepare and file with Agency any required reports. 2. Maintenance Association. Owner shall organize an association (the "Association") for purposes of performing the post-construction repair and maintenance obligations of Owner under this Agreement. Until Owner has, in writing, assigned its obligations under this Agreement to the Association and filed such assignment in the land records of Black Hawk County, Iowa, Owner shall be responsible for performance of all obligations under this Agreement. Owner may assign its obligations hereunder to the Association at any time and at its sole discretion, and upon such assignment the Association shall be substituted for Owner as the responsible party under this Agreement. The Association shall include as initial members the owners of all parcels of real estate within the Benefited Property. The Association may provide for the future inclusion of owners of additional real estate. The Association shall be maintained as an active entity in the State of Iowa until Agency has consented in writing to the dissolution of same. 3. Continuation of Use; Changes to Facility. Owner agrees to continue to allow the Facility to be used for the purposes intended by this Agreement. Owner shall not restrict the flow of water, or make changes to the Facility restricting the flow of water, to and from the Facility. Any change to the composition of the Facility or its surface area or location must be approved in advance by Agency, provided, however, that such pre-approval shall not be required for removal of accumulated sediment or silt or to increase the depth of the Facility for aesthetic or recreational purposes. 4. Development-Related Plans. In connection with Agency's approval of any future development of the Benefited Property, and as a condition to such approval, Owner must prepare and submit to Agency such plans as are required by the storm water management provisions of Title 8, Chapter 4 of the Waterloo Code of Ordinances. A developer of any part of the Benefited Property must demonstrate that its development complies with such plans and this Agreement. Such developer shall be responsible for the cost of constructing any drainage ways, spillways, culverts or other infrastructure necessary to allow for the flow of storm water from the Benefited Property to the Facility. 5. Enforcement. In addition to any other enforcement powers or remedies available to Agency under Agency ordinance or applicable law or regulation, Agency may proceed as set forth in this Section. If Owner fails or refuses to satisfy any requirements under this Agreement, 2 Page 393 of 447 then Agency may, after notice as provided herein, correct a violation or non-compliance in the Facility by performing or causing to be performed all necessary work to place the Facility in proper working order and in compliance with this Agreement or applicable plans, law or ordinance. If the violation or non-compliance is not a danger to public safety or public health, Agency shall provide reasonable notice to Owner to correct the violation or non-compliance in a timely manner. If Agency determines that the Facility becomes a danger to public safety or public health, then Agency shall notify Owner in writing that Owner shall have two days from receipt of notice, or such additional time as circumstances may require as determined by the City Engineer or designee, to correct the violation or non-compliance. If in any instance Owner does not correct the violation or non-compliance in a timely manner, then Agency may enter upon the Facility premises and take such action as deemed reasonably necessary to eliminate the violation or non-compliance. Costs incurred by Agency shall constitute a lien on the Facility and the Benefited Property, and City may assess such costs to each separately owned portion of the Benefited Property as a lien to be collected in the same manner as property taxes. Assessment shall be made to each parcel in proportion to the square footage or acreage of the subject parcel as compared to the square footage or acreage of the Benefited Property. Any notice to a property owner required before assessment of costs shall be to the property owner's name and address as shown in the real estate records of Black Hawk County, Iowa. In addition to the foregoing remedy and procedures, Agency may proceed as set forth in section 8-4C-7 of the Code of Ordinances. 6. Easement Grant to Agency. Owner hereby grants to Agency a perpetual access easement for purposes of inspection of the Facility and for any work necessary to correct any violation or non-compliance as provided in Section 5 above. 7. Matters Not Included. The parties agree that the maintenance responsibilities required by this Agreement do not include any duty to undertake maintenance that may be deemed necessary or advisable solely for aesthetic reasons or recreational purposes, except as expressly set forth in this Agreement. Maintenance or upkeep of the Facility for recreational purposes or aesthetic reasons is outside the scope of this Agreement and is left entirely to the discretion of Owner. 8. Interpretation. This Agreement shall be interpreted and applied in harmony with the storm water ordinances of the City of Waterloo, and to the extent of any conflict said ordinance shall prevail over the terms hereof. 9. Waiver. No delay by any parry in exercising, or omission by any party to exercise, its rights accruing upon any non-compliance or failure or performance by any party shall impair any such right or be construed to be a waiver thereof. A waiver by any party hereto of any of the covenants, conditions or agreements to be performed by any other party shall not be construed to be a waiver of any succeeding breach or of any other covenants, conditions or agreements contained herein. 10. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid, illegal or unenforceable, whether in whole or in part, the offending provision or 3 Page 394 of 447 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. 11. Covenants Run with the Land. All the terms and provisions hereof are and shall be deemed to run with the property described herein and shall burden and benefit such property and, with respect thereto, each owner, the holders or owners of any mortgage, indenture, deed of trust or deed to secure debt encumbering any of such property, any purchaser at a foreclosure sale or tax sale, and their respective heirs, personal representatives, successors and assigns. 12. Notices. Except as otherwise provided in Section 5, any notice under this Agreement shall be in writing and shall be delivered in person, 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 Agency, 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 Owner, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: City Engineer. (c) if to the Association, to the address of its registered agent for service of process as shown by the records of the Iowa Secretary of State. Delivery of notice shall be deemed to occur(i) on the date of delivery when delivered in person, (ii) three (3)business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or(iii)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. 13. Amendment, Modification, and Waiver. Waiver by a party of any specific default by another party shall not affect or impair any rights arising from any other default or any subsequent default. This Agreement may be modified or amended only by the mutual written agreement of the parties. 14. 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. 4 Page 395 of 447 15. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including counterparts exchange by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 16. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements,whether oral or written, with respect to the subject matter hereof. 17. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Storm Water Facility Maintenance and Repair Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CITY OF WATERLOO, IOWA (as Owner) (as Agency) By: By: Quentin Hart, Mayor Quentin Hart, Mayor Attest: Attest: Kelley Felchle, City Clerk Kelley Felchle, City Clerk 5 Page 396 of 447 EXHIBIT "A" Benefited Property Lots 1, 2 and 3, Waterloo Air and Rail Park, 1St Addition, as described in Doc. No. 2021-20194. AND Future Lot 5, Waterloo Air and Rail Park, 2nd Addition, to be platted. 1 Page 397 of 447 EXHIBIT `B" Inspection and Maintenance Requirements The Facility shall be maintained as required by the Agreement, and the additional standards set forth in this Exhibit"A" shall also apply. Maintenance shall include the activities set forth below and also those additional activities described in the Iowa Storm Water Management Manual as maintenance activities applicable with respect to wet detention ponds or facilities. Activities shall be performed in accordance with the respective schedules set forth below or in the Manual. Short-Term Maintenance—First Year Activi Schedule 1. Inspect erosion and sediment control measures Monthly and within three(3)days after rain events of 1" or more 2. Inspect Facility for signs of erosion,instability,and compromise Within 60 days of completion, and of structure and installed elements quarterly thereafter 3. Apply herbicide treatments and remove dead/dying plants By May 31 and July 31 previously treated 4. Maintain topsoil,re-seed,mulch By Aril 30 and August 31 5. Remove rogue shrubs and trees By October 31 6. Apply insecticides and fungicides As needed,to be determined bi- monthly 7. Inspect inlets and outlets,remove debris Monthly Short-Term Maintenance—Second and Third Years Activity Schedule 1. Remove erosion and sediment control measures When vegetation is established 2. Inspect Facility for signs of erosion,instability,and compromise Within 60 days of completion,and of structure and installed elements uarterl thereafter 3. Apply herbicide treatments and remove dead/dying plants By May 31 and July 31 previously treated 4. Maintain topsoil,re-seed,mulch By Aril 30 and August 31 5. Monitor vegetation and perform replacement plantings as needed Annually 6. Remove rogue shrubs and trees By October 31 7. Apply insecticides and fungicides As needed,to be determined bi- monthly 8. Inspect inlets and outlets,remove debris By April 30,July 31,and October 31,and as otherwise observed 9. Re air undercut or eroded areas As observed 10. Remove staking wires from authorized trees At end of third year Routine or Long-Term Maintenance Schedules set forth in the Manual will apply except as modified below. 1 Page 398 of 447 Activity Schedule 1. Inspect storm inlets and outlets for debris.Look for signs of Repair as necessary. Perform at sediment accumulation,flow channelization,erosion damage,or least annually AND after rain local streambank instability.Check the outfall for signs of events of 1.25"or greater. surface erosion,seepage or tunneling along outfall pipe. 2. Inspect Facility for signs of erosion,instability,and compromise Within 60 days of completion,and of structure and installed elements quarterly thereafter 3. Inspect forebays and other pretreatment areas,if any At least twice annually,no less than four months apart 4. Apply herbicide treatments and remove dead/dying plants By May 31 and July 31 previously treated 5. Maintain topsoil,re-seed,mulch By April 30 and August 31 6. Monitor vegetation and perform replacement plantings as needed Annually 7. Remove rogue shrubs and trees By October 31 8. Apply insecticides and fungicides As needed,to be determined bi- monthly 7. Inspect inlets and outlets,remove debris By April 30,July 31,and October 31,and as otherwise observed 8. Repair undercut or eroded areas As observed 9. Harvest wetland plants that have been"choked out'by sediment Annually accumulation 10. Remove sediment when total pool volume has become reduced As noted significantly(-25%),when plants along pond edge are"choked" with sediment,or when the pond becomes eutrophic Owner shall maintain a continuous chronological report that, at minimum, includes the information set forth on Exhibit`B-1" attached hereto. All reports shall be made available to Agency at any time upon request. 2 Page 399 of 447 EXHIBIT `B-1" Storm Water Management Report Project location: Owner/legal entity: Phone: Email: Date of initial operation: Date Item inspected Inspector Observations & remarks—work done (printed name) 1 Page 400 of 447 CITY OF WATERLOO Council Communication Resolution approving the Main Street Iowa Program Agreement, No. G300-MSI-50 between the Iowa Economic Development Authority(IEDA), the City of Waterloo and Cedar Skyline Corporation/DBA Main Street Waterloo, for the purpose of continuing the Main Street Program in Waterloo for a period of twenty- four(24)months, ending December 31, 2023, approving a commitment to provide funding from Downtown TIF and bond funds and hoteUmotel discretionary fund proceeds to the Main Street Waterloo Program, and committing to appoint a city official to represent the City on the Local Main Street Governing Board of Directors, and that the City and Main Street Waterloo will continue to follow the Main Street Approach as developed by Main Street America and espoused by Main Street Iowa, and authorizing the Mayor to execute said document. City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type ❑ Main Street, State and City Program Agreement 2022 Backup Material ❑ DRAFT Sample Resolution of Support Backup Material Resolution approving the Main Street Iowa Program Agreement, No. G300- MSI-50 between the Iowa Economic Development Authority(IEDA), the City of Waterloo and Cedar Skyline Corporation/DBA Main Street Waterloo, for the purpose of continuing the Main Street Program in Waterloo for a period of twenty-four 24, months, ending December 31, SUBJECT: 2023, approving a commitment to provide funding from Downtown TIF and bond funds and hotel/motel discretionary fund proceeds to the Main Street Waterloo Program, and committing to appoint a city official to represent the City on the Local Main Street Governing Board of Directors, and that the City and Main Street Waterloo will continue to follow the Main Street Approach as developed by Main Street America and espoused by Main Street Iowa, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: Approval The Main Street Waterloo program is a part of the Main Street Iowa program, administered by the Iowa Economic Development Authority (IEDA) as a partnership between IEDA, the City of Waterloo, and the local Summary Statement: Main Street Program, Main Street Waterloo. To maintain the affiliation with the Main Street Iowa program, a Program Agreement must be approved by the parties. The agreement lays out the responsibilities of the Local Main Street Program, responsibilities of IEDA, and responsibilities of the City of Waterloo. Data/Analysis and Strategies: Economic Development and Downtown Revitalization. The agreement requires the City of Waterloo to provide funding to the Main Page 401 of 447 Expenditure Required/Source of Street Waterloo program, but does not specify an amount. This is covered Funds: by the funding previously approved by separate professional services agreement between the City of Waterloo and Main Street Waterloo, so does not require any additional funding. Page 402 of 447 Agreement# G300-MSI-50 MAIN STREET IOWA PROGRAM CONTINUATION AGREEMENT THIS MAIN STREET IOWA PROGRAM CONTINUATION AGREEMENT ("Agreement") is entered into and executed by the Iowa Economic Development Authority (the "IEDA"), the City of Waterloo (the "City"), and Cedar Skyline Corporation / DBA Main Street Waterloo (the "Local Main Street Program") (Individually "Party" and Jointly, the "Parties"). WHEREAS, the IEDA administers the Main Street Iowa Program (the "MSI Program"); and WHEREAS, the City was selected to participate in the MSI Program in 1996 and entered into a Program Agreement with the IEDA pursuant to which the City and the Local Main Street Program established a partnership with IEDA; and WHEREAS, the City and the Local Main Street Program desire to continue to participate in the MSI Program; and WHEREAS, the IEDA desires to continue the relationship which has been established with the City and the Local Main Street Program; NOW THEREFORE, in consideration of the foregoing and mutual covenants and agreements contained herein, the Parties agree as follows: SECTION I. The Local Main Street Program agrees to: 1. Main Street Revitalization Focus: a. Maintain the Local Main Street Program's focus on the revitalization of the designated Main Street district utilizing the Main Street Approach®. This focus should be reflected in the programs annual plan of action, goals and objectives, vision, and mission statement. b. Promote the revitalization of the Main Street district through advocacy of tools and resources that support district investment, for example: development incentives, ordinances and policy that promote the revitalization of the district, design guidelines or standards that promote the protection of the traditional character of the district, district development planning, etc. 2. Main Street Paid Executive Director: a. Employ a paid full-time Executive Director for the Local Main Street Program who will be responsible for the day-to-day administration of the Local Main Street Program in the City. Full-time employment is defined as 40 hours per week dedicated to the Local Main Street Program. Part time employment is 25 hours per week dedicated to the Local Main Street Program. The Local Main Street Program and the City will work to the best of their ability to provide professional support, competitive compensation, and benefits for the Executive Director position. b. In the event this position is vacated during the time of this agreement, the Local Main Street Program shall fill this position in a reasonable time and provide a written timeline to fill this position to the IEDA's Main Street Iowa State Coordinator ("the Coordinator"). c. If the Executive Director for the Local Main Street Program also serves as the director, executive director, chief executive officer, president, or other leadership role for another organization or program (e.g., chamber, tourism, community/county economic development, City, etc.) the Executive Director shall dedicate at least twenty-five hours per week to their duties as Executive Director of the Local Main Street Program. d. Develop and maintain an accurate position description for the Executive Director, a copy of which shall be provided to the Coordinator, which includes the rate of compensation and describes the professional activities for which the Executive Director is responsible. e. Maintain worker's compensation insurance for the Executive Director and staff. Page 1 of 5 Page 403 of 447 Agreement# G300-MSI-50 3. Designated Main Street District: Submit to the Coordinator a current map of the approved designated Main Street district contemporaneously with execution of this Agreement. 4. Main Street Program Office: Maintain an office within the designated boundaries of the local Main Street district. 5. Main Street Economic Impact Reporting: a. Submit economic impact reports to the Coordinator on or before established due date documenting the progress of the Local Main Street Program's activities. b. If the Local Main Street Program is 30 or more days late submitting any economic impact report, Main Street Iowa design services, business support services, eligibility for grant applications, and targeted technical assistance visits available through Main Street Iowa may be suspended until the Local Main Street Program has submitted all required reports. 6. National Main Street Accreditation: a. Maintain Main Street America National Accreditation. b. Maintain a "Main Street America Member Community" membership with Main Street America. c. Use the words "Main Street" when referring to and marketing the Local Main Street Program, either as an official part of the organization's name or as a tagline such as "A Main Street Iowa Program". As a designated Main Street Iowa community, the Local Main Street Program shall include the Main Street America and Main Street Iowa logos on all communication materials. 7. Training Requirements: a. Participate, as required by the IEDA, in training sessions as scheduled throughout the year. To remain in compliance and to be eligible for Main Street America National Accreditation, the Local Main Street Program shall be represented at both days, in their entirety, of the three (3) annual training sessions that have been designated as mandatory on the MSI Program calendar. b. Any newly hired Executive Director will be required to participate in Main Street Orientation as soon after the hire date as feasible. Registration and all related travel expenses for training will be paid by the Local Main Street Program. 8. Demonstrated Support: a. Obtain from the City's governing body a Resolution of Support of the Local Main Street Program. This resolution must describe sources and amounts of funding for the program, a commitment to appoint a City official to represent the City on the Local Main Street Program governing board of directors, and that the City will continue to follow the Main Street Approach®as developed by Main Street America and espoused by Main Street Iowa for Main Street district revitalization. b. Obtain a Resolution of Support from the Local Main Street Program governing board in which the board commits to continuing Main Street district revitalization following the Main Street Approach®as developed by the Main Street America and espoused by the MSI Program. 9. Compliance: a. Not assign this agreement to another organization without obtaining prior written approval of the IEDA. b. Remain in compliance with the requirements of the MSI Program as outlined in this agreement and the administrative rules for the MSI Program, 261 IAC Chapter 39. If the Page 2 of 5 Page 404 of 447 Agreement# G300-MSI-50 IEDA finds that the Local Main Street Program is not in compliance with the requirements of this program agreement: i. IEDA shall issue an "Initial Warning" describing how the Local Main Street Program is out of compliance and provide guidance on how to resolve the issues. The Local Main Street Program will have 90 days to resolve non- compliance issues. During this 90-day period, all Main Street Iowa services, with the exception of targeted technical assistance to help the Local Main Street Program mitigate non-compliant items, will be suspended. At the end of the 90- day period, the IEDA will evaluate whether The Local Main Street Program has resolved the non-compliant issues. ii. If the Local Main Street Program is not in compliance at the end of the 90-day Initial Warning period, the IEDA may issue a Final Warning notifying the Local Main Street Program that, if the Local Main Street Program is not in compliance within 90 days after issuance of the Final Warning, Main Street Iowa may terminate this Agreement. iii. The IEDA will send Notice of Termination via overnight delivery service to the Local Main Street Program, the City, and Main Street America. Termination of this Agreement will result in the loss of recognition as a participant in the MSI Program and discontinuation all services provided by IEDA. iv. Within 30 days after issuance of the Notice of Termination, the Local Main Street Program shall cease using the trademarked brand "Main Street" and/or "Main Street Program" in its name or as part of its organization's identity. v. The City may reapply for Main Street Iowa designation. 10. Main Street Re-Designation: a. Continued participation in the MSI Program after the term of this Agreement shall be contingent upon re-designation as a participant in the MSI Program. Submission of a request for re-designation shall be submitted at least 90 days prior to the end of the term of this Agreement. b. The IEDA will provide information and guidance regarding re-designation to the Local Main Street Program at least 6 months prior to the re-designation request submission deadline. c. To be re-designated as a participant in the MSI Program, at a minimum, the Local Main Street Program shall: i. Document local revitalization impacts through its partnership with Main Street Iowa; ii. Demonstrate the Local Main Street Program's active utilization of MSI Program services and benefits; iii. Identify specific plans for future downtown/Main Street district revitalization; iv. Set out future Main Street Iowa technical assistance needs; and v. Demonstrate continued broad-based commitment and support of the Local Main Street Program and its revitalization efforts. SECTION II. The CITY agrees to: 1. Main Street Revitalization Support: a. Support and partner with the Local Main Street Program's focus on the revitalization of the designated Main Street district utilizing the Main Street Approach®. b. Support the revitalization of the Main Street district by utilizing tools and resources that support Main Street district investment, for example: development incentives, ordinances and policy that promote the revitalization of the district, design guidelines or standards that promote the protection of the traditional character of the district, district development planning, etc. Page 3 of 5 Page 405 of 447 Agreement# G300-MSI-50 2. Main Street Financial Support: Invest financially into the operation of the Local Main Street Program. 3. National Main Street Accreditation: Support the Local Main Street Program in compliance with this Agreement and with the completion of the annual Main Street America Accreditation and the re-designation process described above. 4. Demonstrated Support: Pass a Resolution to demonstrate the City's support of the Local Main Street Program and revitalization of the downtown/designated Main Street district as an important element of the City's economic development strategy. In the resolution, the City must commit to providing funding for the Local Main Street Program, appoint a City official to represent the City on the Local Main Street Program governing board, and commit to continuing to follow the Main Street Approach®as developed by the Main Street America and espoused by the MSI Program for local Main Street district revitalization efforts. SECTION III. The IEDA agrees to: 1. National Main Street Accreditation: Administer the Main Street America Accreditation process in Iowa on behalf of Main Street America and recognize Local Main Street Programs and Cities who successfully meet the Main Street America Accreditation Standards. 2. Main Street Technical Assistance: a. Maintain a team of downtown revitalization specialists, including a Main Street Iowa State Coordinator, to manage communication between the Local Main Street Program, City, the Main Street Iowa Program, and state government agencies. b. Provide, as requested and as can be scheduled, on-site technical assistance to the Local Main Street Program and City by one or more downtown revitalization specialists. Technical assistance may include design, economic vitality, promotion, organization, committee training, board planning retreat facilitation, and action planning. c. Conduct an on-site partnership visit at least once every two years. d. Provide continuing advice and information to the Local Main Street Program and City. 3. Main Street Training: a. Coordinate at least three (3) statewide training sessions annually for Local Main Street Programs and Cities. The nature of training to be provided at each session shall be based on the combined needs of all Iowa Main Street Communities. b. Conduct at least three MSI Program orientations for all new Executive Directors and Local Main Street Program board members and volunteers. The Orientation will introduce the Executive Director and Local Main Street Program volunteers and board members to the Main Street Program and to their immediate responsibilities. c. Offer optional regional training sessions. d. Statewide training sessions, orientations, and optional regional training sessions may be virtual, as determined by IEDA. 4. Main Street Network: Include the Local Main Street Program and City in the Main Street Iowa network. 5. Main Street Designation: Create and implement a re-designation process to be completed by all Local Main Street Programs every five (5) years. Page 4 of 5 Page 406 of 447 Agreement# G300-MSI-50 SECTION IV. The PARTIES hereto otherwise agree as follows: 1. The term of this Agreement shall be for a period of twenty-four (24) months beginning January 1, 2022 and ending December 31, 2023. 2. This Agreement may be amended by a written agreement to amend the Agreement signed by all three Parties, provided that the IEDA may unilaterally amend this Agreement to comply with legislative, administrative, and policy changes by the federal or state government. 3. Should any governmental unit enact, promulgate, or adopt laws, regulations, rules, or policies which alter or in any way affect the MSI Program, the City and the Local Main Street Program shall not hold IEDA liable in any manner for the resulting changes. 4. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their successors. 5. No Party shall discriminate against any employee or applicant for employment because of race, color, sex, age, disability, creed, religion, sexual orientation, marital status, or national origin. 6. Any Party may terminate this Agreement without cause after 30 days written notice to the other two parties. 7. This Agreement supersedes any previous agreements or negotiations, whether oral or written. 8. Nothing contained in this Agreement shall create any employer-employee relationship between or among any of the Parties. IN WITNESS WHEREOF, the parties have executed this agreement. BY: Mayor Signature Date Waterloo, IA Mayor Printed Name City BY: Board President Signature Date Cedar Skyline Corporation Board President Printed Name DBA Main Street Waterloo Local Main Street Program BY: Deborah V. Durham, Director Date Iowa Economic Development Authority Page 5 of 5 Page 407 of 447 CITY OF WATERLOO RESOLUTION Resolution of Support and Financial Commitment for the Main Street Program in Waterloo, Iowa. WHEREAS, an Agreement between the Iowa Economic Development Authority, Main Street Waterloo and the City of Waterloo for the purpose of continuing the Main Street Iowa program in Waterloo has been executed and, WHEREAS, this Agreement is pursuant to contractual agreements between Main Street America and the Iowa Economic Development Authority to assist in the revitalization of the designated Main Street project area of Waterloo, Iowa and, WHEREAS, the City Council of Waterloo endorses the goal of economic revitalization of the designated Main Street District within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Approach® as developed by Main Street America and espoused by Main Street Iowa. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waterloo, Iowa, meeting in regular session on (date) that the City of Waterloo hereby agrees to support both financially and philosophically the work of Main Street Waterloo, designates the Main Street Board to supervise the Executive Director and commits to appoint a city official to represent the City on the local Main Street Board. The source of funds to support Main Street Waterloo will be Tax Increment Financing (TIF) and the City's Hotel Motel Discretionary fund. PASSED, APPROVED, AND ADOPTED THIS day of 2021. Mayor Page 408 of 447 CITY OF WATERLOO Council Communication Resolution approving a request by the City of Waterloo for an amendment to the deed of dedication for Waterloo Air and Rail Park 1st Addition to allow for stormwater from the 1st Addition to be collected in Waterloo Air and Rail Park 2nd Addition, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type ❑ Amendment to the Deed of Dedication Backup Material Resolution approving a request by the City of Waterloo for an amendment to the deed of dedication for Waterloo Air and Rail Park 1st Addition to allow SUBJECT: for stormwater from the 1st Addition to be collected in Waterloo Air and Rail Park 2nd Addition, 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 Transmitted is a request to approve a resolution by the City of Waterloo for an amendment to the deed of dedication for Waterloo Air and Rail Park 1st Addition to allow for stormwater to be collected in Waterloo Air and Rail Summary Statement: Park 2nd Addition. The amendment is needed since stormwater originating from the 1st addition will be collected in Tract"B" of the 2nd addition. Please find attached to this letter the amendment to the deed of dedication for Waterloo Air and Rail Park 1st Addition. The request would not appear to have a negative impact on the surrounding Neighborhood Impact: neighborhood or land use in the area and better serve the stormwater needs of development in the area. Expenditure Required/Source of None Funds: Page 409 of 447 Prepared by Christopher S.Wendland, P.O.Box 596,Waterloo,IA 50704 319-234-5701 After recording,return to Waterloo P&Z,Attn:Noel Anderson,715 Mulberry Street,Waterloo,IA 50703 AMENDMENT TO DEED OF DEDICATION WATERLOO AIR AND RAIL PARK, 1sT ADDITION CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA The undersigned, being the owner of all lots in Waterloo Air and Rail Park, 1'Addition, does hereby make the following amendment to the Deed of Dedication filed with the plat of said addition on March 29, 2021 as Doc. No. 2021-20194: 1. A new Section 4 is hereby added to Article I of the Deed of Dedication, as follows: 4. Storm Water Management Facility. Certain real estate described as Tract"B" in future Waterloo Air and Rail Park, 2nd Addition (the "2nd Addition") shall be a storm water management facility(the "Facility"), and said Facility shall benefit certain lots in this subdivision and in the 2nd Addition, all as described on Exhibit"A" attached hereto (collectively, the "Benefited Property"). The Owner shall perform the duties with relation to the Facility as required under a Maintenance and Repair Agreement to be filed concurrently with the final Plat for the 2nd Addition, until such time that the Owner, in its sole discretion, assigns such duties to the WARP Storm Water Drainage Association(the "Association"). The Owner shall file articles of incorporation and adopt bylaws of the Association on or before the date on which the City of Waterloo, Iowa has accepted the Facility and other public improvements pursuant to the 2nd Addition plat. The purpose of the Association shall be to ensure compliance with the Maintenance and Repair Agreement and to perform such other functions as may be set forth in the articles of incorporation and bylaws of the Association. The Association shall have authority to establish annual fees for membership in the Association and shall have authority to adjust the annual membership fees as it deems appropriate to carry out the duties described in this paragraph and in the Maintenance and Repair Agreement. The owner of each lot or other parcel of land included in the Benefited Property shall be a member of the Association. The annual fee to be paid by each Association member shall be proportional to the square footage or acreage of real estate owned by the member as compared to the square footage or acreage of the Benefited Property. Membership fees that are unpaid shall be Page 410 of 447 assessed as a lien against the member's property in the manner and as provided for in the articles of incorporation or bylaws of the Association. 2. Except as set forth herein, the Deed of Dedication and all of its terms, restrictions and provisions shall remain unmodified and in full force and effect. Executed by the undersigned on 12021. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) The foregoing record was acknowledged before me on by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 Page 411 of 447 EXHIBIT "A" Benefited Property Lots 1, 2 and 3, Waterloo Air and Rail Park, 1St Addition, as described in Doc. No. 2021-20194. AND Future Lot 5, Waterloo Air and Rail Park, 2nd Addition, to be platted. Page 412 of 447 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo Code of Ordinances Sidewalk Construction, Inspections, and Repair, Public Ways and Property. City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type ❑ Sidewalk Ord. Changes Backup Material Motion to receive, file, consider, and pass for the first time, an ordinance amending the City of Waterloo Code of Ordinances by repealing Chapter 2, Sidewalk Construction, Inspections, and Repair, and Article A, Inspection SUBJECT: and Repair, of Title 7, Public Ways and Property. 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: Jamie Knutson, PE, City Engineer Page 413 of 447 7-2-1: CITY COUNCIL TO ORDER CONSTRUCTION: A. Permanent Or Temporary Sidewalks: The city council may, by resolution, order the construction of permanent and/or temporary sidewalks upon any streets, highways, avenues or public grounds in the city, but the construction of permanent sidewalks shall not be made until the bed of the sidewalks shall have been graded, so that when completed, the sidewalks shall be at the established grade. B. Vote Required For Improvement: Unless the owners of a majority of the linear feet of property fronting on the proposed sidewalk improvement petition the city council therefor, the proposed improvement shall not be made unless three-fourths (3/4) of all the members of the city council shall, by vote, order the making thereof. (Rev. Ord. 1193, Comp. 1941, p. 5-14; amd. Ord. 3626, 3-13-1989; Ord. 3649, 6-5-1989) 7-2-2: PUBLIC IMPROVEMENT PROCEDURES: The procedure for the construction of the public improvements in the nature of the construction of new public sidewalks, whether permanent or temporary, shall be governed by any and all provisions of the Iowa Code, then in existence,with regard to notice for hearing, publication of notice, notice of assessments and any other relevant statutory rules and regulations. (Rev. Ord. 1193, Comp. 1941, p. S-14; amd. Ord. 3626, 3-13-1989; Ord. 3649, 6-5-1989) 7-2-3: SPECIAL ASSESSMENTS FOR IMPROVEMENTS: A. Payments: Any assessment that exceeds five hundred dollars ($500.00) maybe paid in installments as set by the city council, not exceeding nine (9), in the same manner and at the same interest rate as for special assessments under Iowa Code chapter 384, division IV. (Ord. 5346, 4-11-2016) B. Certification Of Special Assessments To County Treasurer: Upon making the special assessment pursuant to this chapter, it shall be certified to the county treasurer and shall be placed on the tax list as is provided by law. (Ord. 4611, 4-28-2003) 7-2-4: JOB PERMITS REQUIRED: A. No person, except the public works director or the city engineer,while acting in their official capacity, or a contractor in performing the necessary work on a contract with the city, shall construct or cause to be constructed any concrete sidewalk in any public street, avenue, alley or highway within the city except such walks as are required to connect residences or other buildings with the city sidewalks, curbs or street roadways,without first obtaining a permit therefor, signed by the city engineer. The permit shall describe the location of the work and state the time in which it is to be done. If an extension of time is required,the permittee shall present the permit to the city engineer for an extension of the completion date, and no extension of time shall be valid unless signed by the city engineer. B. All permits issued pursuant to subsection A of this section must be kept at the place of construction for which they were issued during the time when the work is being done and exhibited when called for by the city official having the authority to examine the permit(s). Page 414 of 447 C. Sidewalk improvement permit fees shall be set by resolution of the city council and be collected by the office of the city engineer. Work performed by the city shall not require a permit fee. (Rev. Ord. 1783, Comp. 1941, p. 5-25; amd. Ord. 2878, 4-18-1977; Ord. 3626, 3- 13-1989; Ord. 3649, 6-5-1989) 7-2-5: CONTRACTOR'S BOND: Any person constructing sidewalks within the city must first file a right of way construction bond with the city clerk in the sum of fifteen thousand dollars ($15,000.00), effective January 1, 2017. The application for such construction must be approved by the city council and conditioned upon the fulfillment of the following: A. Faithful performance of all duties and regulations required by this chapter; B. Faithful performance of every driveway and sidewalk specification on file in the city engineer's office, and/or any provision of this code or other city ordinance regulating the construction, reconstruction or repair of sidewalks within the city; C. Prompt payment to the city of any sums that may become due for any reason or under this chapter; D. Prompt payment of all fines imposed upon said person for a violation of this chapter, which violations occur during the life of the bond; and E. Upon indemnifying and keeping the city harmless from any liability arising from said person's constructing or reconstructing sidewalks within the city. (Ord. 5346, 4-11-2016) 7-2-6: STANDARDS AND SPECIFICATIONS: Standards and specifications for concrete sidewalks shall be prescribed from time to time by the city council, and shall be on file in the office of the city engineer; conformance with such standards and specifications is required, and failure to comply shall be grounds for revocation of the permit issued pursuant to this chapter to construct a sidewalk. (1970 Code § 33-70) 7-2-7: VIOLATION; PENALTY: A. Any person violating the provisions of this chapter shall be deemed guilty of an offense, and shall be liable for all damage sustained by the city or by any person. Failure to comply with any of the provisions of this chapter shall be deemed a municipal infraction and upon conviction thereof shall be punished in accordance with subsection 1-3-2C of this code. B. In the case of a construction specification of this chapter not being complied with,the sidewalk contractor shall be given written notice by the city engineer, or designee, stating the specifications not complied with and the contractor shall cause the work to comply with such specifications within fifteen (15) days of the mailing of the notice. If the contractor fails to comply with the notice, the bonding company shall be immediately notified by certified- Mail regular mail of such failure to comply. C. Any person who shall have violated the provisions of this chapter shall be refused any further permit required by this chapter until that person has complied with all the provisions of this chapter. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5-1989; Ord. 4441, 10- 16-2000) Page 415 of 447 ARTICLE A. INSPECTION AND REPAIR SECTION: 7-2A-1: Definitions 7-2A-2: Sidewalk Specifications 7-2A-3: Permits 7-2A-4: Inspections 7-2A-5: Improvements And Repairs 7-2A-6: Barricades And Warning Lights 7-2A-7: Cost Of Improvements; Assessments 7-2A-8: Vacation Of Sidewalks 7-2A-1: DEFINITIONS: As used in this article,the following words have the following meanings: CITY ENGINEER: The city engineer or personnel designated by the city engineer to perform the duties prescribed for the engineer by this article. DEFECTIVE SIDEWALK: Any public sidewalk exhibiting one or more of the following characteristics: A. Vertical separations equal to three-quarters inch (3/4") or more; B. Horizontal separations equal to three-quarters inch (3/4") or more; C. Spalling or surface deterioration over fifty percent (50%) of the surface of a single square of the sidewalk and one or more half-inch (1/2") depressions; D. A single square of sidewalk cracked in such a manner causing MOFe than three (3) or more pieces with one or more loose pieces; E. A sidewalk that is sloped or tilted creating water pockets, greater than 1/z the width of the sidewalk, measured at any one point; F. A change from design or construction grade equal to or greater than two inches (2") in a ten foot (10') long area or less; G. Holes and/or depressions greater than one-half inch (1/2") deep and one and one-half inches (11/2") or more in any horizontal dimensions; Holes to the full depth of the sidewalk shall be repaired by removal and replacement of the full panel from existing joint to existing joint. H. Vertical or horizontal separations equal to three-fourths inch (3/4") or more where sidewalk abuts the curb, or any other fixture or structure and the separation is deemed unsafe; I. Any other defects deemed unsafe by the City Engineer. OWNER: The person owning the fee title or the contract purchaser for purposes of notification required herein. For all other purposes, "owner" shall include the lessee, if any. SIDEWALK IMPROVEMENTS: The reconstruction, repair, replacement or removal of a public sidewalk or the excavating, filling or depositing of material in the public right of way in connection therewith. Page 416 of 447 SIDEWALK REPAIRS: Sidewalk repairs shall be by removal and replacement of full sidewalk panels from existing joint to existing joint for all defect types except surface depressions with an area of eighteen (18) square inches or less,which qualify for repair by patching. Holes to the full depth of the sidewalk and sections of the sidewalk complete! panel's. . - Pit exceeding eighteen (18) square inches may also be r-epaiFed by patehing. Nosidewalk panel shall have a patched area, including surface and full depth patches, exeeeding fifty peFeent (50%) of the gFe to-than An.,_hAlf 4/2) squaFe feet No sidewalk panel shall have a patched area exceeding 20% of the panel's total area. Sidewalk panels exceeding 20% of patched surface area shall be removed and replaced from existing joint to existing joint. A list of approved patching materials shall be on file in the city engineer's office. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5-1989; Ord. 3875, 7-6-1992) 7-2A-2: SIDEWALK SPECIFICATIONS: All sidewalk improvements on public property, whether performed by the owner of the abutting property or by the city, shall be performed under the supervision and inspection of the city engineer or designee and in accordance with the plans and specifications prepared by the city engineer's office and approved by the city council. No permanent sidewalk improvements shall be performed until the bed for the same shall have been graded so that when completed such sidewalk shall be at the location and grade established by the city engineer or designee. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5- 1989) 7-2A-3: PERMITS: A. Permit Required: No person shall make any sidewalk improvements whether ordered by the city council or not, unless such person obtains a permit from the city engineer and agrees that, in making the sidewalk improvements, compliance will be made with the ordinances of this city and with the specifications for the sidewalks as prepared by the city engineer and approved by the city council, and that the work shall be done under the direction and supervision of the city engineer and subject to the approval of the city engineer or designee. B. Bonds: A bond shall be required for all repairs except repairs made by patching as allowed under the definition of"sidewalk repairs" in section 7-2A-1 of this article. The bond shall be filed in the proper amount and the owner shall also agree to hold the city free from all liability for damages on account of injuries received by anyone through the negligence of such person or agents thereof in making the sidewalk improvements, or by reason of failure to properly guard the premises. C. Filing, Term Of Permits: All permits issued shall be filed and preserved in the office of the city engineer. Before granting any permit to make sidewalk improvements,the city engineer shall determine the PFOPFiey appropriateness of the same and shall state in all permits issued lv ie�the lvt^ hcommenced, if notupon issuance orthe-permit, A when the sidewalk work is to be completed. D. Extension Of Permit: The time of completion for the sidewalk improvements may be extended by the city engineer when in his judgment the same extension is deemed Page 417 of 447 necessary. The city engineer may withhold the issuance of any permit for any sidewalk improvements for a sufficient period to determine the necessity for the proposed improvements or if weather conditions will adversely affect the sidewalk improvements. E. Permit Fees: Sidewalk permit fees shall be set by resolution of the city council and collected by the city engineer's office. Work performed by the city shall not require a permit fee. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5-1989; Ord. 3708, 4-23- 1990) F. Failure To Obtain Permit: Whenever any sidewalk improvements are not completed in conformance to the provisions of this article, i.e., not in compliance with the current sidewalk standard specifications, or without a permit,the city engineer shall serve notice upon the property owner and/or the contractor doing such work of the nonconformance. If construction work is underway without a permit, the notice shall order the work to cease until a permit is obtained, and a fee of*4°x^ i,„nar^a dellaFs ($200.00) three (3) times the permit cost in addition to the cost of the original permit is paid. If the sidewalk improvement underway with a permit is not in conformance with the current sidewalk specifications, all work must be corrected to comply with the current specifications. In the event that the sidewalk work has been completed without obtaining a permit, a permit shall be immediately obtained, and a fee of'Elve hun-d-red dellaFs ($200.00) three (3) times the permit cost in addition to the cost of the original permit is paid, and any corrections needed shall be completed within five (5) days after receipt of the permit.Any person who shall have violated the provisions of this chapter shall be refused any further permits required by this chapter until he has complied with all of the provisions of this chapter. Failure to comply with this notice shall result in the completion of the work being done by the office of the city engineer with the costs being assessed to the property owner as provided in this article. (Ord. 4611, 4-28-2003) 7-2A-4: INSPECTIONS: A. Time Of Inspections: The office of the city engineer, its employees, or designees shall be responsible for inspecting the public sidewalks on a ten-(1) twelve (12) year cycle within the city or on a complaint basis. These inspections shall be made to determine if any of the public sidewalks within the city are defective as previously defined. B. Inspection And Approval: The city engineer, or a designee, shall inspect the work, and may order the corrections if the work does not meet specifications. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5-1989) 7-2A-5: IMPROVEMENTS AND REPAIRS: A. Sidewalk Improvements Ordered: The city engineer may order the reconstruction, repair or replacement of permanent sidewalks upon any public stFeet^r coi right of way. Notice of this order shall be sent to the owner by ceFtified mai- regular mail. This notice shall include the fact that a hearing shall be held by the city council within fifteen 5) thirty (30) days from the date of sending of the notice. The notice shall also contain information regarding the estimated costs of reconstruction, repair or replacement, as estimated by the office of the city engineer. Page 418 of 447 B. Defective Sidewalks Repaired: It shall be the duty of the abutting property owner at any time, or within forty five (45) days from the date of notice from the city, to repair, replace or reconstruct all broken or defective sidewalks in the public right of way abutting said property. If, after the expiration of the forty five (45) days, as provided in the notice, the required work has not been done or is not in the process of completion, the city engineer shall proceed to repair, replace or reconstruct the sidewalk. The total costs, including, but not limited to, engineering, inspection, construction and administrative costs, shall be assessed to the property as taxes or special assessments as provided hereinafter. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5-1989) 7-2A-6: BARRICADES AND WARNING LIGHTS 1 : Proper warning lights and barricades shall be placed to protect persons from materials, equipment and dangerous conditions. Placement and maintenance of adequate warnings is the responsibility of the constructor, thee 4Ax R e v ^r*'-e I e S s e e of the „r^„^rt-y or the person conducting the work. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5-1989) Notes 1. See also sections 7-1-3 and 7-3-10 of this title. 7-2A-7: COST OF IMPROVEMENTS; ASSESSMENTS: A. Hearing On Estimated Costs: The city council shall hold a hearing within fifteen 5) thirty (30) days from the date of the sending of the notice, as aforementioned,wherein, at the time and place designated in the notice,the city council shall consider the estimated costs of reconstruction, repair or replacement which may be assessed against the property owners and any errors, irregularities or inequalities in the proposed reconstruction, repair or replacement.Affected property owners shall have the right to object to the proposed costs. B. Notice Of Assessment For Repair Costs: When the city engineer submits an assessment for sidewalk improvements or repair, the city clerk shall send a notice of such facts to the owner of the abutting property. The notice may shall be sent give-n ether-by personal ser--vice ^,-by e *;f9^a by regular mail to the last known address of the owner. The notice shall contain a statement of the work performed, the total costs of the work that is being assessed, a description of the property affected, and the fact that the person may pay the amount assessed by a certain date without interest or penalty. The notice shall also indicate that the person may object to such assessment, on account of errors, irregularities or inequalities, and give the place and time at which the city council will hear such objections. The time set for hearing shall be at least f;ftee (1 5) within thirty (30) days after the service or mailing of the notice. C. Hearing And Assessment: At the time and place designated in the notice, the city council shall consider all objections to the assessment, correct all errors or omissions and adopt a corrected list of the amounts to be assessed against the property. (Ord. 3626, 3-13- 1989; amd. Ord. 3649, 6-5-1989) Page 419 of 447 D. Billing, Certification To County: Thirty (30) days after the decision of the city council of the assessment, the city clerk shall certify any unpaid amounts to the Black Hawk County treasurer. The unpaid assessments shall be collected by the county treasurer in the same manner as special assessments. The following schedule shall control the method wherein the property owner shall be required to pay any unpaid portion of the total costs of the repair of the sidewalk: $0.00 to $500.00 1 year $500.01 to $1,500.00 3 years $1,500.01 to $2,500.00 5 years $2,500.01 to $3,500.00 7 years $3,500.01 and over 9 years Such assessments shall be paid in the same manner and at the same interest rates as for special assessments under Iowa Code chapter 384, division IV. No interest shall be charged for such assessments, or parts thereof, if paid within thirty (30) days from the date of the city council determination on the final amounts of the assessment. (Ord. 5346, 4-11-2016) 7-2A-8: VACATION OF SIDEWALKS: A sidewalk may be vacated by the owner of the property by making a request to the planning, programming and zoning commission. The city engineer, and/or his designee, will review the request and forward it, along with his recommendation, to the planning, programming and zoning commission. The planning, programming and zoning commission will review the vacation request at its regular monthly meeting. The commission's recommendation will be forwarded to the city council for its consideration at its next regular meeting. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5-1989) Page 420 of 447 CITY OF WATERLOO Council Communication An ordinance amending Section 11, Chapter 4, Title 4, Prohibited Acts and Conditions, Scattering of Refuse and Litter. City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type ❑ Ordinance as proposed Backup Material Motion to receive, file and consider for the first time, an an Ordinance amending the City of Waterloo Code of Ordinances by repealing Section 11, Prohibited Acts and Conditions. of Chapter 4, Litter Control, Title 4, Public Health and Safety. and enacting in lieu thereof a new Section 11, Prohibited SUBJECT: Acts and Conditions, of Chapter 4, Litter Control. Title 4, Public Health and S afe1y. Motion to suspend the rules. Motion to receive, file and consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Martin M. Petersen. City Attorney Page 421 of 447 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY REPEALING SECTION 11, PROHIBITED ACTS AND CONDITIONS, OF CHAPTER 4, LITTER CONTROL, TITLE 4, PUBLIC HEALTH AND SAFETY, AND ENACTING IN LIEU THEREOF A NEW SECTION 11, PROHIBITED ACTS AND CONDITIONS, OF CHAPTER 4, LITTER CONTROL,TITLE 4,PUBLIC HEALTH AND SAFETY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That Section 11, Prohibited Acts and Conditions, Chapter 4, Litter Control, Title 4, Public Health and Safety is hereby repealed and a new Section 11,Prohibited Acts and Conditions,Chapter 4, Litter Control, Title 4, Public Health and Safety is enacted in lieu thereof as follows: 4-4-11: PROHIBITED ACTS AND CONDITIONS: A. Scattering of Refuse and Litter: It shall be unlawful for any person to: 1. Scatter refuse, garbage or yard waste about or litter any public or private street or area or place; 2. Cast, throw, place, sweep or deposit anywhere within the city any refuse, trash, garbage or yard waste in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied or unoccupied premises within the city; 3. Throw or deposit any refuse, garbage, yard waste or debris in any stream or body of water; 4. Deposit Excluded Waste, including Styrofoam, as defined in Title 4, Chapter 3, Section 1 of the Waterloo City Code (including regulations thereof), in or near a drop off recycling site, or in any public or private street or area or place. Any person violating the provisions of this subsection A may be subject to a fine of up to five hundred dollars ($500.00) for a first offense, and up to seven hundred fifty dollars ($750.00) for any subsequent offense. (Ord. 4342, 2-22-1999) B. Sunken Receptacles: Refuse contained in sunken or underground receptacles will not be collected by the city. 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 , 2021. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 422 of 447 CITY OF WATERLOO Council Communication 3:55 p.m. Council Work Session, Harold E. Getty Council Chambers City Council Meeting: 11/1/2021 Prepared: Submitted by: Submitted By: Page 423 of 447 CITY OF WATERLOO Council Communication 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers City Council Meeting: 11/1/2021 Prepared: Submitted by: Submitted By: Page 424 of 447 CITY OF WATERLOO Council Communication Communication from the Waterloo Public Library on the notice of the conclusion of employment for James N. Bennett, Library Assistant, effective October 2, 2021 with recommendation of approval of payout of$1,460.05 for unused benefits. City Council Meeting: 11/1/2021 Prepared: ATTACHMENTS: Description Type Communication from the Waterloo Public Library on the notice of the SUBJECT: conclusion of employment for James N. Bennett, Library Assistant. effective October 2, 2021 with recommendation of approval of payout of$1.460.05 for unused benefits. Submitted by: Submitted By: Page 425 of 447 CITY OF WATERLOO Council Communication Communication from the Waterloo Police Department on the notice of the conclusion of employment for Jeremy Berryman, Police Officer, effective September 4, 2021 with recommendation of approval of payout of $15,019.12 for unused benefits. City Council Meeting: 11/1/2021 Prepared: ATTACHMENTS: Description Type Communication from the Waterloo Police Department on the notice of the SUBJECT: conclusion of employment for Jeremy Berry nv pan, Police Officer. effective September 4, 2021 with recommendation of approval of payout of $15,019.12 for unused benefits. Submitted by: Submitted By: Page 426 of 447 CITY OF WATERLOO Council Communication Communication from the Human Resources Department on the notice of the conclusion of employment for Cheryl Huddleston, Human Resources Manager, effective November 5, 2021 with recommendation of approval of payout of$6,682.20 for unused benefits. City Council Meeting: 11/1/2021 Prepared: ATTACHMENTS: Description Type Communication from the Human Resources Department on the notice of the SUBJECT: conclusion of employment for Cheryl Huddleston, Human Resources Manager, effective November 5, 2021 with recommendation of approval of payout of$6,682.20 for unused benefits. Submitted by: Submitted By: Page 427 of 447 CITY OF WATERLOO Council Communication Certified List for the position of Garage Mechanic for the City of Waterloo, Iowa Central Garage - Public Works Department, as certified by the Civil Service Commission on September 24, 2021. City Council Meeting: 11/1/2021 Prepared: ATTACHMENTS: Description Type Certified List for the position of Garage Mechanic for the City of Waterloo, SUBJECT: Iowa Central Garage - Public Works Department, as certified by the Civil Service Commission on September 24, 2021. Submitted by: Submitted By: Page 428 of 447 CITY OF WATERLOO Council Communication Certified List for the position of Park Maintenance II Crew Leader for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on September 24, 2021. City Council Meeting: 11/1/2021 Prepared: ATTACHMENTS: Description Type Certified List for the position of Park Maintenance II Crew Leader for the SUBJECT: City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on September 24, 2021. Submitted by: Submitted By: Page 429 of 447 CITY OF WATERLOO Council Communication Leisure Services Commission Board minutes of September 14, 2021. City Council Meeting: 11/1/2021 Prepared: ATTACHMENTS: Description Type ❑ 09/14/2021 Minutes Backup Material SUBJECT: Leisure Services Commission Board minutes of September 14, 2021. Submitted by: Submitted By: Page 430 of 447 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, September 14, 2021 300 Jefferson Street The meeting was held in the Multipurpose Room at the SportsPlex. Brenda Durbahn called the meeting to order at 7:30am. Present: Brenda Durbahn, Sharon Samec, Tim Moses, Jadyn Spencer, Tom Powers and Bob Bamsey and Council Liaison Dave Boesen, Amy Rivers Waterloo Courier Staff, Paul Huting, Chris Dolan, Mark Gallagher, Travis Nichols, and JB Bolger Absent: Todd Derifield, Tom Christensen, Brenda Durbahn stated the order of the agenda would be changed to discuss the Trails Map Project first. She then called for approval of the agenda. Sharon Samec made a motion to approve agenda. Second by Tom Powers Ayes: All. Nays: None Brenda Durbahn called for motion for approval of the August 10, 2021 meeting minutes. Bob Bamsey made a motion to approve minutes, second by Sharon Samec Ayes: All Nays: None Brenda Durbahn called for approval of the bills. Motion by Bob Bamsey to approve the August bills, second by Tom Powers Ayes: All Nays: None UPDATE ON INTERACTIVE TRAILS MAP PROJECT Kyle Durant and Aldina Dautovic from INRCOG were present to update staff on this project. INRCOG has convened stake holders to begin working toward creating an interactive trails map to supplement to paper guides that have been distributed for many years. QUIT CLAIM DEED FOR R.O.W Property is needed near the intersection of Shaulis and Hess Roads for the construction of a roundabout. A quit claim deed will be presented to Council for approval to dedicate .61 acres of former South Hills Golf Course property as R.O.W. A resolution was proposed by Bob Bamsey to dedicate .61 acres of former South Hills Golf Cause property as R.O.W. Second by Sharon Samec Ayes: All Nayes: None YOUNG ARENA ICE RATES Young Arena Ice rates have not been adjusted for three years. Arena staff proposed changing rates to the following: Ice Rates for Contracted Users to $190.00 Warrior High School Hockey Team Monthly Practice/Game Fee $4,000.00 A contracted used is renting 20 hours or more per year. These rates would be affective for the year 2021 -- 2022 and 2022 — 2023. Bob Bamsey made a resolution recommending 20212022 and 2022-2023 ice rates for adoption by City Council. Second by Tom Powers Ayes: All Nayes: None STAFF UPDATES Forestry — JB Bolger in absence of Todd Derifield Bid packets for stump removal of city trees in front of private homes has been mailed out. The completion deadline for this work is 12131121. Page 431 of 447 Young Arena — Chris Dolan WBH exhibition games September 15�" and '18th. WBH home opener vs CR Friday October 1. Ice System repairs continue on #1 motor, electrical, logic controls and glycol pumps. Replacement of south roof will begin in September Sports and SportsPlex — Mark Gallagher Plex - Major overhaul of group fitness class delivery. Submitted state grant for lost revenue for fitness facilities. Launching new software for registrations and memberships. Sports — Outdoor Pools are shut down for the season. RSP booked for 3 more tournaments. Fall programs kicking off. Productive community meeting regrading Gates Park last month. Construction — Travis Nichols The construction crew has been doing general park and facility maintenance and inspections. We continue to run a fulltime garbage route and restroom cleaning schedule. The crew had minor flood clean up from high water event. We installed to memorial benches at two locations and installed new backboards at the horse shoe pit at Byrnes Park. Young Arena Roof Project had material delivered and is scheduled to start sometime in September. There was discussion on Sulentic Park shelter and the intent to remove current structure and wait for input from neighborhood on replacement at new location. Golf and Downtown Area — JB Bolger Mailed out bid packets for irrigation control system updates for Gates Park and South Hills. Hoping to get both done this fall, budget for this project is $60,000. • We will be monitoring the weather but likely closing Marks Park for the season in E' the next couple weeks. We will keep it open while there is still warm weather in the forecast. E We have contractors in place to paint all of the on-course golf restrooms yet this fall. • Staff has been in early discussions about developing a new website for the department. This would be for all Leisure Services divisions except for the Sports/Sportsplex. The current website is about nine years old and is functioning but ready for a refresh. The next regular Leisure Services Commission Meeting will be held Tuesday, October 12, 2021. The meeting will be held in person at the SportsPlex. I Brenda Durbahn asked for motion to adjourn. Motion by Sharon Samec, second Tom Powers. BrendaJDurbn adjourned the meeting at 8:20am. Sharon Samec, rt' 0 Z Signed t ifi s Dafi i Page 432 of 447 CITY OF WATERLOO Council Communication Historic Preservation Commission minutes of September 21, 2021. City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type U minutes Backup Material SUBJECT: Historic Preservation Commission minutes of September 21, 2021. Submitted by: Submitted By: Page 433 of 447 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING-SEPTEMBER 21, 2021-4:30 P.M. Meeting was held via zoom. Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:33 p.m. Commission Members present electronically were: Ed Ottesen, Terry Stevens, Alice Rohret, Terry Stevens,Nick Hedrick, Susan Price, and Matthew Gilbert. Commission Member(s) absent were: None. Others present: John Dornoff-Planning Staff; Ed Gallagher-Grout Museum Liaison; and Heather Seitsinger. Approval ofA,-enda Motion made by Price, seconded by Rohret to approve the agenda of the September 21, 2021, regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Price, seconded by Stevens to approve the minutes of the August 17, 2021 meeting. Motion carried unanimously. Oral Presentations None Hearings None Buildinm Consultation Lindsay Pieters, 202 Highland Boulevard, was looking to put a black vinyl chain link fence near the back of the property next to the driveway. Dornoff stated that because a building permit would not be needed he could approve the fence internally once a site plan was submitted. Reports 1. Main Street Ottesen stated one review on downtown convention plaza. October 10 is Tour D'Loo. Main Street is still looking for volunteers. 2. Silos and Smokestacks. No Report -1- Page 434 of 447 3. Grout Museum Gallagher reported the Tour of homes went off well with about 350 people going through the homes. New displays coming soon. Rohret reported that on October 1St and 2nd there will be a bizarre at the Snowden House. 4. Building Update Duplex on Park Avenue is getting complaints and is a possible 657A. The building on 3'd street behind the Sportsplex is for sale. 5. Proiect Update No update. 6. Highland Concert at 7 pm on Saturday. 7. Walnut Habitat continues to build homes. Discussion Items/Possible Action Items 1. Updating Goals and Action Plan Ottesen goes over the goals. Changed the dates for collaborations due to the current COVID crises. Stevens will discuss with churches about sacred places grant. Stevens will provide an article for the Waterloo Courier and Rohret will do one about the Walnut Neighborhood. The commission will try to work with Waterloo Foundation. 2. HPC Awards Banquet 2022 No discussion. 3. School Project No discussion. 4. Main Street Collaboration No discussion. -2- Page 435 of 447 5. Other Collaborations Stevens suggested that the commission talks to the NAACP and will contact them. Stevens also said she would contact some of the black churches. Price to try to contact the Cedar Valley Historical Society. 6. Demolitions/City-Owned Properties No discussion. Design Guidelines No Action. Other Discussion: Adi ournment Ottesen adjourned the meeting at 5:19 p.m. Respectfully submitted, )� �--Y4 John Dornoff Planner I -3- Page 436 of 447 CITY OF WATERLOO Council Communication Planning and Zoning minutes of September 14, 2021. City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type U minutes Backup Material SUBJECT: Planning and Zoning minutes of September 14, 2021. Submitted by: Submitted By: Page 437 of 447 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING, AND ZONING COMMISSION REGULAR MEETING-4:00 P.M. SEPTEMBER 14, 2021 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. via zoom, and in-person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Patrisha Serfling, Sue Flynn, and Craig Holdiman. Members present electronically were: Virginia Wilber, Eric Donat, and Cody Leistikow. Members absent were: Brandon Schoborg with two open positions. Others present were: Noel Anderson—Community Planning and Development Director; Aric Schroeder, Seth Hyberger, and John Dornoff—Planning Department; and 45 citizens. Others present electronically: Tim Andera—Planning Department; Jaime Knutson—City Engineer, Jonathan Grieder—City Council Liaison, Dave Boesen—City Council; Nick Fratzke—INRCOG; and three citizens. I. Approval of the Agenda It was moved by Holdiman, seconded by Leistikow to approve the agenda combining hearing A-2 with B-1. Motion carried unanimously. II. Approval of the Minutes from the regular meeting on August 10, 2021. It was moved by Holdiman, seconded by Flynn to approve the minutes ofAugust 10, 2021. Motion carried unanimously. III. Financial Report July 2021 Anderson reviewed the financial report. It was moved by Holdiman, seconded by Serfling to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations There were no oral presentations. V. New Business A. Hearing-Site Plan Amendment 1. Request by Northland Products Company to rezone approximately 5.19 acres from"M-1"Light Industrial District to "M-1, C-Z" Light Industrial Conditional Zoning District to allow for compactors and drum washing systems in relation to a petroleum operation located at 2830 Geraldine Drive. It was moved by Flynn and seconded by Holdiman to receive and place on file the statement of verification at 4:05 p.m. Motion carried unanimously and Wilber declared the hearing open. Andera read the staff report recommending approval of the request with the following conditions: 1) that the final site plan meets all applicable city codes, including but not limited to, parking, landscaping, Page 438 of 447 Planning and Zoning Commission September 14,2021 drainage, etc.; and 2)that there is no outside storage of materials or other items related to the operations of the business. Brian Motzko, Vice-President for Northland Oil was present to answer questions. Flynn asked if the cleaning of the barrels will be outdoors or indoors since it is so close to US Highway 218 to which Motzko answered that it would all be done indoors. Serfling asked Motzko if he was the owner of the business, to which he responded that no he is one of the Vice-Presidents and that he has been with the company for 29 years. It was moved by Holdiman, seconded by Serfling to close the public hearing. Motion carried unanimously. The hearing was closed at 4:15 p.m. It was moved by Holdiman, seconded by Flynn to recommend approval of the rezoning request with the following conditions: 1) that the final site plan meets all applicable city codes, including but not limited to,parking, landscaping, drainage, etc.;and 2) that there is no outside storage of materials or other items related to the operations of the business. Motion carried unanimously. 2. Request by John Hoerner to rezone approximately 4.86 acres from"R-3"Multiple Residence District to "C-2" Commercial District to construct a self-storage facility at 310 Upland Drive. It was moved by Flynn and seconded by Serfling to receive and place on file the statement of verification at 4:16 p.m. Motion carried unanimously and Wilber declared the hearing open. Dornoff read the staff report recommending denial of the request, however, if the commission weve to recommend approval, to do so with the following conditions: 1)that a buffer is created between any fencing installed on the site and adjacent residential properties which would include a 4-foot hedge and trees; 2)that upgrades be made to Fairway Lane, a private street, for proper stormwater maintenance, to meeting commercial requirements for hard surfacing, and for added traffic load; and 3) sidewalks be installed along Upland Drive. Dornoff noted that staff received a petition against the proposed rezone which had 89 signatures on it and one letter of opposition. Flynn asked if asbestos has been removed from the building, Holdiman noted that it should have been done when they were looking to turn it into a Veteran's home to which Anderson responded that he was not sure and with the building having gone to tax sale it may have never been abated. Flynn also asked if the request was approved who would be responsible for the construction of the sidewalk to which Anderson responded it would be the developer. Steven Bedard, 2317 Pelican Road, stated that he has lived there for 20 years stated that he and his wife collected the 89 signatures of people against the rezone because 1) there is no other commercial properties in the area, 2)Neighbors bought their home because they wanted to be in a quiet residential neighborhood, 3) increased crime, 4) substantial increase in danger to pedestrians and other motorist with increased commercial traffic 5) facility will drop property values 6) increased pollution 7) increased storm water issues and 8) there is other storage units in the area. Flynn questioned if they needed to make a motion on B-1 since A-2 was going to be recommending for denial to which Anderson responded that since the commission is a recommendation body, they need to act on both, as the Board of Adjustment has their own actions separate from the rezone that would go to Council. It was moved by Serfling, seconded by Donat to close the public hearing. Motion carried unanimously. The hearing was closed at 4:33 p.m. - 2 - Page 439 of 447 Planning and Zoning Commission September 14,2021 It was moved by Leistikow, seconded by Serfling to recommend denial of the rezone request. Motion carried unanimously. B. Special Permits 1. Request by John Hoerner for a Special Permit to allow for a storage facility in the proposed"C- 2" Commercial District located at 310 Upland Drive. Dornoff read the staff report recommending denial of the request, however, if the request is approved it do so with the following conditions: 1)that a buffer be created between any fencing installed on the site and adjacent residential structures which would include a 4-foot hedge and trees; 2) that upgrades be made to Fairway Lane, a private street for proper stormwater maintenance, to meeting commercial requirements for hard surfacing, and for added traffic load; and 3) sidewalks be installed along Upland Drive. Discussed under item A-2 It was moved by Leistikow, seconded by Serfling to recommend denial of the Special Permit request. Motion carried unanimously. C. Plats 1. Request by L and BB, LLC for the Final Plat of Southland Park Sixth Addition a six lot residential subdivision, a replat of lots C-5 & C-6 of Southland Park Third Addition in the "R- 3,R-P"Planned Multiple Residence District located southeast of 2950 Southland Drive. Dornoff read the staff report recommending approval of the plat request. Wendell Lupkes, VJ Engineering stated that he was available to answer questions and asked that it be moved along to council. Flynn asked if there was any issues with the added homes on the sewer to which Anderson responded that there was no concerns expressed at the Technical Review Committee. It was moved by Holdiman, seconded by Donat to recommend approval of the final plat request. Motion carried unanimously. D. Annexation 1. Request by Andrew Lusson to annex 78.37 acres of land south of East Orange Road located at and adjacent to 6033 Dysart Road. Dornoff read the staff report recommending approval of the request. Holdiman asked what the zoning would be on the land once it was annexed to which Dornoff responded that any land annexed into the city is automatically zoned"A-1"Agricultural District. Anderson stated that city attorney's opinion was that it would be inappropriate to take any action on the rezone or special permit until the annexation is complete. Serfling asked how would the properties then be rezoned to which Anderson responded that the annexation will need to go through a city process then a state process then once completed the rezone and special permit will come back to the commission to make a recommendation on and the property would need to be zoned at least"C-2" Commercial District but staff would recommend"C-P" Planned Commercial District so it would be site plan specific and any changes would have to come back to the Commission. Flynn asked for confirmation that all the Commission is doing is recommending approval or denial of the annexation to which will then go to council to which Anderson confirmed. - 3 - Page 440 of 447 Planning and Zoning Commission September 14,2021 Andrew Lusson, 750 Hunter Drive, Evansdale confirmed that once the annexation is approved he would be looking to rezone the property and ask for a special permit to allow for a campground. He stated that he sent a letter out to the residents in the area adjoining the annexation with his email and personal phone number however has not received any other questions. Lusson also noted that he had multiple discussions with Dennis Lickteig who lives at 6030 Dysart Road across from the proposed annexation who is now in favor of the request. Wilber asked if the process from annexing the property first then asking for the rezone and special permit has been explained to the applicant to which Lusson responded yes. Flynn asked if utilities were extended to the site the cost would be the responsibility of the applicant to which Anderson responded yes. Maxine Kehret, 6200 Foulk Road, has property directly east of the area to be annexed and is concerned about water drainage to their property if the annexation area is developed. She submitted photos of how the area floods any time there is massive rains and asked if this was the proper time to bring it up to which Anderson stated it is the right time and the City Engineer is on zoom and is available to answer questions. Sara Blake, 3111 Violet Drive, and President of Southdale Neighborhood Association, which is across the street from the proposal, lives in the house with her three children who are 2, 4, and 6, has lived in the house for 4 years but is a lifetime Waterloo resident. Picked this area because it was still in city but father out. Enjoy looking out at the open fields and so do the children. Stated an annexation should preserve the quality of life for them and their neighbors, and not cause sprawl, traffic congestion and environmental degradation which this proposal will cause. Concerned about the traffic conditions at the intersection of Orange and Dysart along with drainage issues the area already has. She has collected 254 signatures of her neighbors and surrounding neighbors who are opposed to the annexation,rezone and special permit. She also stated that she has discussed the problems with the applicant. Serfling noted the staff report says it's a voluntary annexation but noted Blake is opposed to it to which Schroeder responded that the owners of the property are the ones who are voluntarily asking for it to be annexed into the city. Flynn asked if any of the current owners lived in the area. Monica Ambrose, 5819 Dahlia Boulevard stated that there is 7 deed holders two of which are out of state and questioned why the property owners are not the applicant and does Lusson have legal authority to have it annexed to which Schroeder responded that there are 12 owners who have signed the petition to have the property annexed and Schroeder went over the names of those on the petition for voluntary annexation. Ambrose stated that she is against the proposal as there is 453 campsites going on the 73 acres with all the traffic to go with it heading down Orange Road past these the homes. The KOA campground has just over a hundred sites. Wilber asked if the owners understood that the annexation could be approved but the rezone and special permit denied to which Anderson responded yes the owners have been notified and Schroeder confirmed and stated that the owners have been notified and if approved but development does not go through for any reason there are requesting an agreement that the land would be severed/deannexed. Bev Olds, 3126 Violet Drive, Vice-President of Southdale Neighborhood Association, stated she lives across Orange Road from the property proposed to be annexed and one of the 23 properties notified of the proposed rezone and special permit applications but there is actually 5 neighborhoods that will be affected by the annexation including the 254 people who signed the petition would all be affected by the decision. This project does nothing to enhance the neighborhood or community. William Youngblut, 6732 La Porte Road, stated that he owns the 50 acres to the east of the proposed annexation, says that water runs off the site onto his land and asked if the city had a plan to deal with the - 4 - Page 441 of 447 Planning and Zoning Commission September 14,2021 water because the city is already overburdened with water runoff in the area to which Schroeder answered that water will still run off but as part of the development a stormwater detention plan will need to be submitted. Knutson went over what the requirements would be for stormwater detention. Chris Leonard, 3133 Violet Drive, stated that he and his wife have lived there for 36 years and have experienced backup sewage and water. He is against the annexation because of sprawl and noted cities of comparable population and the number of square miles of property in the city boundary and that the city already has many infrastructure problems, the area should have a Land Evaluation and Site Assessment (LESA)which is part of the Black Hawk County Zoning Ordinance, that an environmental study should be done. Schroeder responded that if LESA score is part of Black Hawk County and if the land is annexed it would fall under the City of Waterloo Zoning Ordinance which does not have a LESA piece, and that an environmental study would only be done if there was a reasonable concern that there was an environmental issue. Leistikow asked if George Wirth State Park is part of the city of Waterloo and does that count toward the cities land area to which Anderson responded yes, the area east of Iowa Highway 58 is part of the city and counted as part of the landmass. Lisa Hagedorn, 5807 Cimarron Lane, stated concerns about water detention because they have had flooding at their home because they are lower than the street. They are building bioswales in the area which will hopefully help. She also stated that roads should be 30 miles per hour to which Flynn stated that she needs to take that to the city council. Wilber asked about the work on Dysart road and if it would cover the section of road south of the Shaulis/US Highway 218 intersection to which Knutson answered that work is currently happening between Hess Road and US 218, explained what is being done with that road work however there is nothing planned south of the Shaulis/US 218 intersection at this time. Boesen stated that he has had discussions with Sandi Greco to do a traffic study of Dysart Road however the road has been closed for the last 3 summers for various work so it has not been possible, but once the work is done next year he plans to readdress the issue. Lindsey Klein, 3143 Marigold Drive stated she has lived in the neighborhood for 28 years and that she disagrees with the statement that the area is becoming more recreational as it is still more residential and agricultural. The recreational area is actually 2 to 2'/z miles away with the Shaulis Road trail being an hour walk away. The annexation area going from agricultural to commercial does not fit with the neighborhood. Klein submitted pictures for the commission members to see. Many of the homes close to the annexation area have small children including the speaker having a 2-year-old. She also stated that she grew up on Dahlia and has experienced flooding including when she was sleeping downstairs. Also stated that annexing farmable ground is wrong and that it will have a negative effect on city resources. Melvin Wittwer, 5725 Aster Lane, stated he has lived in Southdale addition since 1988 and there have been sewer backups but explained that the city put in a new lift station and that solved the problems but then the city took them off that line. While they are talking campground now if they put high-rises in that area the sewer system could not handle the flow. There might be a need for a new lift station and wants to know if the taxpayers will be on the hook for it. Stated that the site plan looks lame, is not to scale, there are no engineering studies or surveys, looks like the applicant did it on a cocktail napkin. Also stated that the KOA has approximately 130 sites and the applicant wants 450 sites but the KOA is only 50% occupied on the 4th of July. Ben Kutz, 2718 Violet Drive, stated he is concerned about safety, knows several community officer, but in the past couple of summers have had teenagers from the trailer court come over to try to break into cars and is afraid that if there is a campground across the street the parents camping there will have too many cocktails and let their kids go have a little adventure. There was also a death at the intersection of Dysart Road and Orange Road on July 11, 2016. The speed limits in the area need to be reduced and he - 5 - Page 442 of 447 Planning and Zoning Commission September 14,2021 has two boys himself and on most days you can find children playing in the streets of the neighborhood. They want it nice and quiet. Lori Glover, 2710 Violet Drive, stated that she moved 6 years ago and moved out there because they wanted something quiet. Traffic has been increasing and to add another campground there will just increase the traffic. She also asked if police and fire had any concerns at the Technical Review Committee about the proposal to which Dornoff indicated no. She did thank Knutson to the upgrade to Dysart Road. Matt Even, 4500 Hess Road, stated that he manages the KOA campground and that he is generally supportive of economic development and expansion of the tax base,however, there is already plenty of campsites in the area and it is taken many years for the KOA to regularly filled enough to break even. This season will be the first one that they do break even since opening 9 years ago, and didn't think another campground was needed. Robert Mews, 5925 Foulk Road, stated that he used to live in Southdale but now lives at the bottom of the hill from the area and gets all the water from the area where the campground is going to go. With climate change, rain events are getting worse and you cannot control Mother Nature. The land proposed to be annexed is good ground and should not be taken out of production. Lusson stated that he understands the water situation, noted that the problems to the east will be addressed with the detention pond that will be part of the project. Water retention will be taken care of through the engineering process. Stated that he wants to ensure the site is not an eyesore and is planning to plant trees to buffer from the homes and wants to have a nice campground. Wilber asked if Lusson has done any market studies to determine the number of spaces the market will handle to which Lusson says yes, explained the site, and stated that with the increase in water park use, the new theme park attendance, increase in the number of campers, and the market study was done through Black Hawk County Economic Development showing the need with the additional tourism to the area. Flynn asked if there will be a dumpsite for the people using the campground and where would it flow to and Lusson answered that there will be a dumpsite for the campground plus some sites have their own dump facilities and would go through the campground and connect with the Dahlia sewer system. Lusson also stated that he does not intend to hard surface any of the campground so that rainwater could soak into the ground. Wittwer asked how the applicant is going to use the Dahlia sewer connection because a lift station will be needed because all of the land runs downhill and Lusson answered that it would be retained on-site then pumped to the Dahlia connection. Michael Tompkins, 5819 Dahlia Blvd, stated that the sewer pipe in Dahlia is smaller than it is supposed to be so there is no way the waste from the campground can be handled. Dennis Paulson, 2711 Violet Drive, stated that if the commission votes in favor of this proposal they are contributing to a circus. He expressed concern with the dust from gravel roads and stated it is a low-rent operation and everyone will pay for it. Even asked Lusson if he is building the campground because of the theme park to which Lusson responded that it was because of the park but also due to increased ownership of campers in the Midwest and increased tourist activity expected for the area. Leistikow stated that the commission has worked extensively on the future land use map which includes controlling sprawl which the campground would contribute to. Flynn stated that the commission needs to be careful and hindering future growth and like the drive-in movie theater at the National Cattle Congress there needs to be innovation but in this case not enough - 6 - Page 443 of 447 Planning and Zoning Commission September 14,2021 homework has been done in her opinion. Flynn would like to see the proposal for the sewer, water, and other issues that were brought up be addressed and it is currently too premature for approval to which Leistikow agreed along with Wilber and Donat. It was moved by Holdiman, seconded by Serfling to recommend denial of the annexation request. Motion carried unanimously. VI. Adjournment It was moved by Flynn, seconded by Holdiman, to adjourn the meeting at 5:58 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I - 7 - Page 444 of 447 CITY OF WATERLOO Council Communication Design Review Board minutes of April 22, 2021 City Council Meeting: 11/1/2021 Prepared: 10/20/2021 ATTACHMENTS: Description Type U minutes Backup Material SUBJECT: Design Review Board minutes of April 22, 2021 Submitted by: Submitted By: Page 445 of 447 MINUTES HIGHWAY 218 DESIGN REVIEW BOARD REGULAR MEETING—3:30 P.M.April 22, 2021 Zoom Meeting—City Hall Hyberger called the regular meeting of the Highway 218 Design Review Board to order at 3:30 p.m. for the Zoom Meeting at City Hall. I. Roll Call The following members were present: Carty, Kuiper, Hansen, Wiele, Weber, and Ottesen. Others in attendance were Alvi Kaikov, Mark Huonder, John Schebaum, Tania Inigo, and John Franz with Franz Architects -representing Burger King. Staff in attendance was Hyberger. II. Approval of the April 22, 2021 agenda. It was moved by Hansen and seconded by Wiele to approve the agenda. Motion carried unanimously. III. Approval of the minutes from their Regular Meeting on February 1, 2021. It was moved by Carty and seconded by Weber to approve the minutes from the Regular Meeting on February 1, 2021. Motion carried unanimously. IV. Decision Items 1. Burger King— 1925 La Porte Road Hyberger gave the staff report noting that staff is recommending approval to allow for the construction of a new 2,977 square feet Burger King Building at 1925 La Porte Road with the condition that the Landscape Plan lists the types of landscaping and landscaping points to determine that the landscaping plan is in compliance with the Highway 218 Corridor. Weber asked Alvi if there will be any changes regarding the pylon and directional sign locations. Alvi noted those will be placed in the same locations. In addition Weber asked when construction will begin. Alvi noted that plans will be submitted in May with plans to start construction in July. Wiele asked if there will be any changes to the drive through lane or the entrance of E San Marnan Drive. Huonder noted there will be changes to the drive through lane,but there will be no changes to the entrance off of E San Marnan Drive and the curb cut will remain in place. Weber asked the applicant if the trees will remain. Huonder noted most of the trees will remain where they are currently. Hansen asked if the new drive through lane or other changes will trigger a new storm water plan. Huonder noted that they will work with the City Engineering Department to make any changes that may be required. It was moved by Hansen and seconded by Weber to approve the request to allow for the construction of a new 2,977 feet Burger King with the condition that the applicant will revise the Landscape Plan to list types of landscaping and landscaping points to determine that the landscaping plan is in compliance with the Highway 218 Corridor. Motion carried unanimously. V. Discussion Items Page 446 of 447 HIGHWAY 218 DESIGN REVIEW BOARD April 22,2021 There were no discussion items. VI. Adjournment With no further business to discuss, it was moved by Hansen and seconded by Wiele to adjourn the meeting. Motion carried unanimously and the meeting adjourned at 3:50 p.m. Respectfully submitted, -7 t Seth Hyberger, Planner I Page 447 of 447