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HomeMy WebLinkAbout04.18.2022 Supplemental AttachmentFINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1160-1528 11PRO. PDK9 TRAVEL REQUEST CITY OF WATERLOO FY 2021 BUDGETED $6,000.00 EXPENDED YTD $3,700.00 THIS REQUEST $1, 900.00 LEFT AFTER THIS REQUEST $300.00 DATE 4/4/22 Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Officers Al Bovy, William Herkelman, Jordan Ehlers and Dustin Lindaman DATE: 4/4/22 NAME OF CLASS / MEETING: Dogs for Law Enforcement Certification DESTINATION: Independence, Ia. DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 5/3/21 RETURN DATE: 5/7/21 DATE(S) OF MEETING: 5/3-5/7/21 PURPOSE OF TRAVEL/TRAINING: Lt. Fangman is requesting to send Officers Bovy, Herkelman, Ehlers and Lindaman to the Dogs for Law Enforcement yearly certification in Independence, la May 2-6, 2022. This is a mandatory certification for all Police K-9s and the cost will not exceed $1,900.00. This will be paid for out of the WPD K-9 fund. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: XXXXX CITY VEHICLE AIRFARE PRIVATE VEHICLE DEPARTING FROM: Waterloo PD ESTIMATE OF COST: 0.00 LODGING 300.00 MEALS 1,600.00 REGISTRATION 0.00 MILEAGE/FUEL TOTAL FOR ALL: $ 1,900.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 475.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Captain Aaron McClelland I APPROVE THIS TRAVEL REQUEST Quercttrcr DEPARTMENT HEAD MAYOR 4/4/22 4/18/22 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY 2022 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 $117,300.00 $87,885.68 $900.00 $13,360.30 4/4/22 Copy - Department NAME(S) AND POSITION(S): Officers Brandt, Ullom, and T. Schuster DATE: 4/4/2022 NAME OF CLASS / MEETING: Field Training Officer Certification DESTINATION: DEPARTURE POINT IF NOT WATERLOO: Waterloo, Ia. DEPARTURE DATE: 4/25/22 RETURN DATE: 4/27/22 DATE(S) OF MEETING: 4/25-27/22 PURPOSE OF TRAVEL/TRAINING: The above listed officers will attend a we based Field Training Officer Certification 4/25-27/22. This is a required certification to train new Police Officers. These officers will not need any other travel expenses. The cost for this required course will not exceed $900.00. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: XXXXX CITY VEHICLE AIRFARE PRIVATE VEHICLE DEPARTING FROM: Waterloo PD ESTIMATE OF COST: 0.00 0.00 LODGING MEALS 900.00 REGISTRATION 0.00 MILEAGE/FUEL TOTAL FOR ALL: $ 900.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 300.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Captain Aaron McClelland I APPROVE THIS TRAVEL REQUEST Qctert6rz r DEPARTMENT HEAD MAYOR 4/4/22 4/18/22 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED 224-32-5850-1346 TRAVEL REQUEST CITY OF WATERLOO FY 22 BUDGETED 10,000.00 EXPENDED YTD 0 THIS REQUEST 800.00 LEFT AFTER THIS REQUEST 9200.00 DATE 4-4-2022 Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Matt Chesmore,Kelly Martin,Jon Martin,Angie Fordyce, DATE: 4/4/2022 NAME OF CLASS / MEETING: Iowa Association of Housing Officials Class DESTINATION: DEPARTURE POINT IF NOT WATERLOO: Cedar Falls, Iowa DEPARTURE DATE: 4/28/2022 RETURN DATE: 04/29/2022 DATE(S) OF MEETING: 4/28/2022-4/29/2022 PURPOSE OF TRAVEL/TRAINING: Annual Association of Housing Officials Annual Class- Electrical Module- Safety Measures WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE x PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: LODGING TAXI MEALS PARKING 800.00 REGISTRATION AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 800.00 BUDGET LINE ITEM: 224-32-5850-1346 X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ 200.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Rudy D. Jones I APPROVE THIS TRAVEL REQUEST Q terz-cn 9-(arE DEPARTMENT HEAD MAYOR 4/4/2022 4/18/22 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST CITY OF WATERLOO FY 2022 BUDGETED $117,300.00 EXPENDED YTD $86,545.68 THIS REQUEST $19,218.00 LEFT AFTER THIS REQUEST $17,240.30 DATE 3/30/21 Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Officers Nino Costarella & Kejuan Tucker DATE: 3/30/2022 NAME OF CLASS / MEETING: Basic Officer Certification (ILEA) DESTINATION: ,Johnston, la. DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 5/3/22 RETURN DATE: 8/19/22 DATE(S) OF MEETING: 5/3/22-8/19/22 PURPOSE OF TRAVEL/TRAINING: Lt. McClelland is requesting to send Officers Nino Costarella and Kejuan Tucker to the Basic Officer Certification course at the Iowa Law Enforcement Academy May 3, 2021 through August 19, 2022. This is a required certification to be a peace officer in the state of Iowa. The cost for this course will not exceed $19,218.00. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: XXXXX CITY VEHICLE AIRFARE PRIVATE VEHICLE DEPARTING FROM: Waterloo PD ESTIMATE OF COST: 0.00 LODGING 4,468.00 MEALS 14,000.00 REGISTRATION 750.00 MILEAGE/FUEL TOTAL FOR ALL: $ 19,218.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 9,609.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Captain Aaron McClelland I APPROVE THIS TRAVEL REQUEST Quertf a ilar DEPARTMENT HEAD MAYOR 3/30/22 4/18/22 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-12-1410 1315 TRAVEL REQUEST CITY OF WATERLOO FY 22 BUDGETED $32,279.00 EXPENDED YTD $12,145.92 THIS REQUEST $2,430.00 LEFT AFTER THIS REQUEST $17,703.08 DATE 04-04-2022 Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): FF Jared Bargman I FF Timothy Gesie I FF David Hook DATE: 04-04-2022 NAME OF CLASS / MEETING: Stryker Cot Repair Training DESTINATION: DEPARTURE POINT IF NOT WATERLOO: Waterloo, Iowa DEPARTURE DATE: 03-15-2022 RETURN DATE: 03-15-2022 DATE(S) OF MEETING: 03-15-2022 PURPOSE OF TRAVEL/TRAINING: Become familiar with repairing the Stryker cot(s) that WFR utilizes for patient care in the ambulance. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: City of Waterloo, Iowa ESTIMATE OF COST: LODGING TAXI MEALS PARKING 2,430.00 REGISTRATION AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 2,430.00 BUDGET LINE ITEM: 010-12-1410 1315 X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ 810.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Pat Treloar I APPROVE THIS TRAVEL REQUEST Quercatz DEPARTMENT HEAD MAYOR 04-04-2022 4/18/22 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED 224 32 5850 1346 TRAVEL REQUEST CITY OF WATERLOO FY 22 BUDGETED $10,000.00 EXPENDED YTD 4115.00 THIS REQUEST 975.00 LEFT AFTER THIS REQUEST 4910.00 DATE 4-6-2022 Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Mindy Smith DATE: 4-6-2022 NAME OF CLASS / MEETING: Nan Mckay Webinar on Rent Calculation DESTINATION: DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April 26 RETURN DATE: April 28 DATE(S) OF MEETING: April 26-28, 2022 PURPOSE OF TRAVEL/TRAINING: The purpose of the training is to teach rent calculation for both the public housing and housing choice voucher program. Class will teach what is included and excluded from annual income and how to identify and calculate income from assets and calculate tenant payment WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: LODGING TAXI MEALS PARKING 975.00 REGISTRATION AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 975.00 BUDGET LINE ITEM: 224 32 5850 1346 X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ 975.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Rudy D Jones I APPROVE THIS TRAVEL REQUEST Quertarc 9-lar DEPARTMENT HEAD MAYOR 4-6-2022 4/18/22 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED 283-13-5452-1346 TRAVEL REQUEST CITY OF WATERLOO FY 22 BUDGETED 10,000.00 EXPENDED YTD 1,921.12 THIS REQUEST 1,192.50 LEFT AFTER THIS REQUEST 6,886.38 DATE 4/4/22 Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Senada Muhic, Housing Coordinator DATE: 04/04/2022 NAME OF CLASS / MEETING: HCV (Housing Choice Voucher) Specialist DESTINATION: DEPARTURE POINT IF NOT WATERLOO: Online DEPARTURE DATE: 06/13/2022 RETURN DATE: 06/17/2022 DATE(S) OF MEETING: 06/13/2022 - 06/17/2022 PURPOSE OF TRAVEL/TRAINING: As a condition of employment, all Housing Coordinators must be certified as a Housing Specialist within one year of their hire date. Ms. Muhic was hired as a Housing Coordinator on 08/17/2021. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: N/A ESTIMATE OF COST: LODGING TAXI MEALS PARKING 1,192.50 REGISTRATION AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 1,192.50 BUDGET LINE ITEM: 283-13-5452 1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 1192.50 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Julie Dawson I APPROVE THIS TRAVEL REQUEST Quertan DEPARTMENT HEAD MAYOR 04/04/2022 4/18/22 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 Capitol Indemnity Corporation 1600 Aspen Commons, Middleton, WI 53562 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, That Jeff Wilson dba Wilson Custom Tree, 212 Short Avenue, Cresco, IA 52136 as Principal, (hereinafter called the Contractor), and Capitol Indemnity Corporation as Surety, (hereinafter called Surety), are held and firmly bound unto City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 as Obligee, (hereinafter called the Owner), in the amount of Thirty Three Thousand One Hundred Forty Five and No/100 Dollars ($33,145.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated April 18, 2022 entered into a contract with Owner for 2022 Wastewater Treatment Plant (WWTP) & Lift Stations Mowing in accordance with drawings and specifications prepared by City of Waterloo, IA which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. Bond Number CIC1917283 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations there under, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contract of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. Signed and sealed this 18th day of April, 2022. (Witness) Cal Anderson, Attorney -In -Fact Jeff Wilson dba Wilson Custom Tree (Print Name of Principal) (Seal) (Sig f •i, 9icr of the Principal) \r (Print Name of Officer of the Principal and Title) CoI Indemnity Corporation (Signature of Attorney-in-F Rita Jorgenson, Attorney -In -Fact (Print Name of Attorney -in -Fact and title) (Sea!) SBD 012 (05-14) Copyright 2014, Capitol Transamerica Corporation Page 1 of 1 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of jithiriL, County ofrYa/Lk_ } On this 146 day of 0 p' t 1` , in the year (71-bA.2 , before me personally comes4e,/AC to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he/she executed the same. April D. Dui 1,:d , "aikie Commission Number 783136 io MY COMM. EXPLS/II 1 023 Notary Public State of ACKNOWLEDGMENT OF PRINCIPAL (Partnership) County of On this } , in the year , before me personally come(s) day of a member of the co -partnership o to me known and kn o me to be the person who is described in and executed the foregoing instrument, and acknowl s to me that he/she executed the same as the act and deed of the said co -partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation/LLC) State of County of On this day of , i R- e year , before me personally come(s) , to me known, who being duly sworn, deposes and says that that he/she is the of the he/she resides in the City of , the corporation described in and which executede1`oregoing instrument, and that he/she signed his/her name thereto by like order. Notary Public CAPITOL INDEMNITY CORPORATION POWER OF ATTORNEY CIC1917283 Bond Number KNOW ALL MEN BY 1kHSE PRESENTS. That the CAPITOL ENDENINTTY CORPORATION, a corporation of the State of \Wisconsin, having its. principal offices in the City of Middleton, Wisconsin. does make. constitute and appoint JACK ANDERSON; RONALD RAIHOI; RITA JORGENSON is true and lawful Attorney(s)-in-fact, to ntake., execute, seal and deliver for and on its behalf. as surety, and as its act and dt.vd. any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED; $20,000,000.00 This Power of Attorney is wanted and is signed and scaled by facsimile under and by the authority of the followinu Resolution atlitpled by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the nth day of May, 2002. "RESOLVED, that the President. Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, he and they hereby as panted the power and authorization to appoint by a Power of Attorney for the purposes only of' executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the burliness of this company: the signature of such officers and seal of the Company may bc affixed to any such power of attorney or to any certificate relating thereto by 1111;bilTli1C, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is aaoho.1. Any such appointment may be revoked, for cause. or without cause, by any of said officers. at any time." In connection with obligations in favor of the Florida Department of fransportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on eq,incering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the. final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only. it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revoeation. IN V\ TTNESS WHEREOF. the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to he hereto affixed duly attested, this 1st day of January, 2020 Attest: ( Ryan J. Byrnes Senior Vice President, Chief Financial Officer and Treasurer t.1/4SZONDYri Suzanne M. Broadbent Assistant Secretary STATE OF WISCONSIN COUNTY OF DANE On the 1st day °limitary, 2020 before me personally he resides in the County of Hartford, State of CORPORATION, the corporation described in and seal affixed to said instrument is such corporate seal; thereto by like order. STATE OF WISCONSIN COI INTY OF DANE S.S.: CAPITOL INDEMNIT1' CORPORATION John I.. Sennott, Jr Chief Executive Officer and President came John L. Sennott, Sr, to me known, who being by me duly swam, did depose and say: that Connecticut: that he is Chief Executive Officer and President of CAPITOL INDEIONITY which exeittote: tis‘04) vei7cat, that he knows the seal of the said corporation; that the that it was so affixed by order of the Board of Directors of said corporation and that he signed his name - . eq. David J. Regele Notary Public, Dane Co., WI My Commission Is Permanent I. the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Cnrporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked: and furthemiore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton. State of Wisconsin this 18th 001VIlliefeeee, ,S day of April 20 22 Andrew R. Diaz•Matos • ..... rsesaissia- Senior Vice President, General Counsel and Secretary THIS DOCUMENT HAS BEEN GENERATED FOR A SPECIFIC BOND. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-47544.9. C4C-ePOA44 (Rev. (11-207.01 - ACKNOWLEDGEMENT OF SURETY STATE OF MINNESOTA COUNTY OF CHIPPEWA On this 14th day of April , 2022 , before me, a Notary Public within and for said County, personally appeared Rita Jorgenson to me personally known, who being by me duly sworn he/she did say that he/she is the attorney -in -fact of Capitol Indemnity Corporation , the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Rita Jorgenson acknowledged said instrument to be the free act and deed of said corporation. 414/ e. C7 NOTARY PUBLIC My Commission Expires //3/XWa LEANNE C. DUBS Notary Public -Minnesota My Commission Expires Jan 31, 2023 WILSCUS-01 SCHBRI '4comb CERTIFICATE OF LIABILITY INSURANCE �� DATD/YYYY) 3/15/215/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Kingsgate Insurance Center, Inc. 924 Central Ave Fort Dodge, IA 50501 CONTACT NAME: PHONE FAX (A/c, No, Ext): (515) 576-4321 (A/C, No): (515) 576-8567 ADDRESS: email@kingsgateins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Western National Insurance Group 15377 INSURED Wilson Custom Tree Trimmers, LLC 212 Short Street Cresco, IA 52136 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X CPP 1222017 10/11/2021 10/11/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR PREM SES((Ea occur ence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRX JECTO PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY X X AUTOSULED NON-OWNEDUO CPP 1221318 10/11/2021 10/11/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY accident) DAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE UMB 1037553 10/11/2021 10/11/2022 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Equipment Floater CPP 1222018 10/11/2021 10/11/2022 Leased/Rented Equip 50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) - Tree Trimming - The City of Waterloo is listed as an additional insured on the General Liability. CERTIFICATE HOLDER CANCELLATION Cityof Waterloo 715 Mulberry St Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE D ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY OF WATERLOO, I WA CODE ENFORCEMENT DEPARTMENT CONTRACT for FY 2023 OMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL This Contract for Complaint mowing and Snow removal (the "Contract") is made and entered into on April 18, 2022, by and between the City of Waterloo, lowa (the `City"), and B & B Lawn Care Inc. (the "C..ont actor") 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 Proposals c, Notice of Hearing d. Instruction to Bidders e, Signed copy of Bid f. General Conditions g_ Specifications These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall be 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 timeframe. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following! a) 'I he Contractor will remove all litter, garbage, or junk on vacant lots andfor vacant properties that would be cause the Contractor not to be able to fulfill the obligation ofwecdlgrass or snow removal at their own cost. b) Contractors will abide by ordinance sections a. 7-1-2B(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_ 7-1-2F Contractors will not be permitted to blow tiveedslgrass onto or across any street or alley. In the event weeds/grass is transferred into the street it shall be removed by the Contractor c} Contractors shall bag all weedslgrass taller than 12" in residential areas and dispose of the rubbish properly. Disposal can he done at the City of Waterloo Yard Waste Site located at 2749 Independence Ave., Waterloo, Iowa_ a. No branches may exceed two and one-half inches (2 W) in diameter and three and one-half feet (3 %.') in length. b. No bogs or full sired trees. FY 2023 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL CONTRACT - Page 1 c. Must provide proof of identification upon arrival at the yard waste site. List of employees identification most he pre -approved nod on file with the Code Enforcement department before dropping off. d. Yard waste drop off may only be utilized Monday through Friday, no exceptions. d) All loads being transported on city streets must be covered and contained. Ordinance 4-3A-4. c) Contractors are not to mow or trim any flowers or gardens unless specified by the Code Enforcement Department, f) Contractors will trim around all trees, telephone poles, fences, structures, curbs and on the backside of al]cys. g) Contractors must have a camera that will time stamp and date photos. Photos must be taken of the property before work begins and when the work is finished. h) Contractors will be provided with a yardstick that must be used to measure the length of the grass in each set of photos taken while at a property_ i) Referrals may only be completed between 6:01.1am—8:OOpm. j) The City of Waterloo will not be obligated to pay the full amount for referral work when all necessary photos required by the Contractor have not been turned into our office. kj In the event the Code Enforcement 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 or owner of the property. 1) 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. tn.) Charges for sand, salt or both will be determined by following: The owner shall be charged $15 for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk per residence_ if the properly is located on a corner lot the owner of the property shall be charged $30 for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk provided that ice removal is needed on both sidewalks_ Prior approval is required in the event you feel additional salt is necessary. n) Contractor shall remove all involuntary vines, brush, or trees along any fence and the portion of property to the alley when referral is given by the Code Enforcement Department. o) The owner shall be charged one amount of 15 minutes travel time in addition to all outer fees applied per referral. p) Completed referrals must be turned into our office every two (2) weeks with paperwork and photos for review. q) Any completed referral paperwork turned in after fourty-five (45) days will be subject to non- payment. r) Properties found in compliance upon arrival of contractor, will not result in additional charges to the City of Waterloo from the Contractor_ s) Unless prior approval has been given. the City of Waterloo will only be obligated to pay for the work of two people per referral_ 4. The Contractor agrees to comply with and obey all 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 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_ G. 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 FY Yla C0MP1.A1NT MOWING' WITH OOMN AENT SNOW RFMOVAT. CONTRACT — Pate 2 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 ofthe delay caused by the City. 8, The City, at its sok discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including, hut 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 terimination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligtions 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, daanac 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, 1 I _ Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 1, Because time is of great importance when completing referral work, 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 registered or certified mail, postage prepaid and addressed: City City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk Contractor B &. B Lawn Care 124 Center St_ Waterloo, lovva 50703 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. 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 ofthe other party or any other person. Contractor is an independent Contractor, FY 2023 ()DWI rtn• MOWING wrrH COMPLAINTS[ OW REMOVAL CONTRACT — Page 3 15. This Contract shall be binding upon and inure to the benefit of the parties and the repective 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 fords 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 he deemed to be written and shall be construed and enforced as so limited, l7_ 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. IN WITNESS WHEREOF, the parties have executed this Contract for Complaint Mowing and Snow Removal by their duly authorized representatives as of the dale first set forth above. CITY OF WATERLOO, TOWA CONTRACTOR Nlay€or Kelley EeCch(e B dge. B Lawn Care Inc, Name of Contractor By: _ City Clerk Robert Adams, Waterloo, lows Title: Owner ! Y 2 COMPLAINT MOWING w':m COMPLAINT SNOW REMOVAL CONTRACT Papa 4 CITY OF WATERLOO IOWA CODE ENFORCEMENT DEPARTMENT CONTRACT for FY 2023 COMPLAINT' MOWING WITIL COMPLAINT AINT SNOW REMOVAL This Contract. for Complaint mowing and Snow removal (the "Contract") is made and entered into on April I R, 2022, by and between the City of Waterloo, lowa (the "City"), and P & J Operations L.L.0 (the "Contractor"). _ The Contractor shall Furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform alj 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 proposals c, Notice of Hearing d, Instruction to Bidders e_ Signed copy of Bid f. General Conditions g, Specifications These: documents form the Contract Documents and are all fully incorporated as a part of this Contract as il' 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 be 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 timeframc_ Time is of the essence in the performance of duties under this Contract, The Contractor also agrees to the following: a) The Contractor will remove all litter, garbage, or junk on vacant Tots audfor vacant properties that would be cause the Contractor not to be able to fulfill the obligation ofweed/grass or snow removal at their own cost. b) Contractors will abide by ordinance sections a. 7-1-2B(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. 7-1-2F Contractors will not be permitted to blow weeds/grass onto or across any street or alley. In the event weeds/grass is transferred into the street it shall be removed by the Contractor c) Contractors shall crag all weeds/grass taller than I " in residential areas and dispose of the rubbish properly. Disposal can be done at the City of Waterloo Yard Waste Site located at 2749 independence Ave., Waterloo, Iowa. a. No branches may exceed two and one-half inches (2 1l") in diameter and three and one-half feet (3'4') in length. b. No logs or full sized trees. FY 2023 COMPLAINTMOW]Ner wm•JCOMPLAINT SNOW REMOVAL ❑onTRACT- Pre I c. Must provide proof of identification upon arrival at the yard waste site. List of employees identification must he pre -approved and on file with the Code Enfornement department before dropping off. d, Yard waste drop off may only be utilized Monday through Friday, no exceptions. d) All loads being transported on city streets must be covered and contained. Ordinance 4-3A-4. c) Contractors are not to mow or tam any flowers or gardens unless specified by the Code Enforcement Department. f) Contractors will trim around all trees, telephone poles, fences, structures, curbs and on the backside of alleys. g) Contractors must have a camera that will time stamp and date photos. Photos must be taken of the property before work begins and when the work is finished_ Ch) Contractors will be provided with a yardstick that must be used to measure the length of the grass in each set of photos taken while at a property. i) Referrals may only be completed between ( 00am—X:OOpm. j) The City of Waterloo will not be obligated to pay the full amount for referral work when all necessary photos required by the Contractor have not been turned into our office. k) In the event the Code Enforcement Department finds that the Contractor did not fulfill its obligation. the Contractor will be required to go bank to the property at no additional cost to the city or owner of the property 1) 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_ m) Charges for sand, salt or both will be determined by following: The owner shall be charged $15 for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk per residence. If the property is located on a corner lot the owner of the property shall be charged S3O for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk provided that ice removal is needed on both sidewalks. Prior approval is required in the event you feel additional salt is necessary_ n) Contractor shall remove all involuntary vines, brush, or trees along any fence and the portion of property to the alley when referral is given by the Code Enforcement Department. o) The owner shall be charged one amount of 15 minutes travel time in addition to all other fees applied per referral. p) Completed referrals must be turned into our office every two (2.) weeks with paperwork and photos for review. q) Any completed referral paperwork turned in after fourty-five (45) days will he subject to non- payment r) Properties found in compliance upon arrival of contractor, will not result in additional charges to the City of Waterloo from the Contractor_ s) Unless prior approval has been given, the City of waterloo will only be obligated to pay for the work of two people per referral_ 4. The Contractor agrees to comply with and obey all 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 dray under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 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 I V 21)23 c »IP1ANT mown1G WITH COMPr..ATNT SNOW REMOVAL CONTRACT - PAgc 2 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 ainst 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 semices have not been delivered or accepted_ The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third - party claims filed or reasonable evidence that a claim wilt 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, andior 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 v►rhole 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 (21) 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 referral work, 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 he delivered. in person or by United States registered or certified mail, postage prepaid and addressed: City City of Waterloo, Iowa 715 Mulberry t, Waterloo, Iowa 50703 Attn: City Clerk Contractor P & J Operations L.L.0 2119 City View St, Waterloo, Iowa 50707 Delivery of notice shall be deemed to occur O) 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_ I4_ Nothing in this Contract shall, or shall be dccmed 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 obli ations of the other party or any other person_ Contractor is an independent Cf." Nttractor_ FY 2023 COMPLAENT MOWING WITH COMPLAJNT snKar REMOVAL CONTRACT Page 3 15. This Contract shall he binding npnn r,nrl inns to the benefit of the parties and the respective successor ind assigns of each. 16. In the elent 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. lf, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would 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 utter hereof. This Contract may not be modified or amended except by the mutual written agreement ofthe parties_ 8. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor as set forth on Exhibit "A'° attached hereto_ IN WITNESS WHEREOF, the parties have executed this Contract for Complaint Mowing and Snow Removal by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Qaertil/Z 9-tar Mayor ReCCey Fe(cfi(e P & J Operations L_L_C Name oFcontractor 13y. City Clerk James Adams, Waterloo, Iowa Title' Owner rY 2023 COMPIAL fl MOWING WITH COMPLAINT S[4Ow REMOVAL,C74NTRAC1 — Pap 4 Preparer Information: Adrienne Miller 715 Mulberry Street Waterloo, Iowa 50703 (319) 291-4366 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of April 18, 2022 , by and between Vaxxone LLC ("Developer") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Developer is willing and able to finance and construct one single-family dwelling and related improvements on property located at 1600 Lark Lane in Waterloo, generally described as parcel 8913-28-403-030, legally described as set forth on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Improvements by Developer. Developer will construct on the Property one single-family dwelling, valued at over $250,000. The dwelling shall be completed to a finished state, including installation of driveway, sidewalk, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (home construction and finishing as so described are referred to as the "Improvements"). The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". All Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. DEVELOPMENT AGREEMENT Page 2 2. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to enter into this agreement with Developer and that without said commitment City would not do so. Developer's responsibilities under this Agreement are therefore subject to the following deadlines: a. Construction. Developer must begin construction of the Improvements within six (6) months (the "Start Deadline") after the date of this Agreement and must substantially complete the Improvements within twenty fourth (24) months thereafter (the "Completion Deadline"). If Developer has not obtained a building permit and in good faith begun construction of the Improvements by the Start Deadline, then at City's option this agreement will be voided, but if construction is imminent the City Council may, but shall not be required to, consent to an extension of time to begin construction or, if appropriate, to complete construction, and if an extension is granted but construction has not been commenced or substantially completed, as applicable, within such extended period, then the agreement shall be voided after the end of said extended period. b. Unavoidable Delays. If Developer has begun activity in compliance with the foregoing deadlines or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer, the requirement that construction is to be completed by the Completion Deadline shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension, the agreement shall be voided. 3. Incentives. A. Partial Tax Exemption. Because the Property is located in the City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in the CLURA Plan, provided that Company meets all requirements to qualify for such exemption. B. Development Grant. Upon completion of the new home and all related Housing Improvements, as evidenced by issuance of a certificate of occupancy, City will make to the developer party a one-time grant of $5,000.00 for the completed home, in accordance with City infill policy. 4. Indemnity. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Developer's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal DEVELOPMENT AGREEMENT Page 3 expenses, including but not limited to reasonable attorneys' fees. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until substantial completion of the Project, Developer agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's undertaking of the Project and of which Developer notifies City in advance of Developer's execution of any such mortgage. The Property may be mortgaged or encumbered only to support the construction of Improvements on the Property. Developer may not cross-collateralize the Property to support the construction of improvements on any other real estate. 6. Water and Sewer; Utilities. Developer will be responsible for extending water, sewer and utilities services to any location on the Property and for payment of any associated connection fees. 7. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 8. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Developer is duly organized, validly existing, and in good standing under the laws of the State of Iowa. C. Developer has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Developer. 9. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to substantial completion of Improvements, whether in whole or in part, to any other person or entity DEVELOPMENT AGREEMENT Page 4 without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 10. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 11. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, to Jon Voigt, PO Box 333, Cedar Falls, Iowa 50613. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 12. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 13. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and DEVELOPMENT AGREEMENT Page 5 nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 15. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 18. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 19. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. DEVELOPMENT AGREEMENT Page 6 CITY OF WATERLOO, IOWA DEVELOPER Own -an 1--(ar By: DINAIIY SIGNED Quentin M. Hart, Mayor Jon Voigt Kelley Fe[chle Attest: Kelley Felchle, City Clerk EXHIBIT "A" Legal Description of Property Bronson First Addition Lot 8 Parcel Number 8913-28-403-030 STAFF PERSON: DATE: SUBJECT: REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: John Dornoff November 9, 2021 Final Plat — West Port Request by the City of Waterloo for the Preliminary Plat of West Port a 5-lot commercial subdivision located in the "M-1" Light Industrial District east of 3338 West Airline Highway. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50701 The applicant is requesting to plat the property located east of 3338 West Airline Highway. The request would not appear to have a negative impact on the neighborhood as the area is largely made up of commercial and industrial uses. Westport Addition Page 1 of 5 VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: The request would not appear to have an impact on vehicular or pedestrian traffic movements in the area. The area is served by West Airline Highway, which is classified as a minor arterial. There is no sidewalks in the area. The nearest recreational trail is the Cedar Valley Lake Trail located within George Wyth State Park located south of US Highway 218. The area of the proposed site is currently zoned "M-1" Light Industrial District and has been zoned as such since the adoption of the Zoning Ordinance 2479 in 1969. Surrounding uses and zoning: North — Canadian National Railroad and Waterloo Regional Airport zoned "M-2,P" Planned Industrial District. South — West Airline Highway and industrial zoned "M-1" Light Industrial District. East — Industrial zoned "M-1" Light Industrial District. West — Industrial and commercial zoned "M-1,C-Z" Conditional Light Manufacturing District and "M-1" Light Industrial District. No Buffering will be required for the rezone. A drainage plan will need to be submitted to Engineering during the building review stage when lots are developed. No portion of the property in question is located in a special flood hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0167F, dated July 18, 2011. There are no schools located within a mile of the plat area. There is an 8" sanitary sewer line located along West Airline Highway. There is overhead power lines located on the south side of West Airline Highway. The Future Land Use Map designates this area as Industrial. The request is consistent with the Comprehensive Plan and Future Land Use Map. Westport Addition Page 2 of 5 STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: The applicant is proposing to plat 5 lots along West Airline Highway south of the Waterloo Regional Airport. The lot sizes are as follows: Lot 1: 1.10 acres, Lot 2: 1.09 Acres, Lot 3: 1.08 acres, Lot 4: 1.07 acres, and Lot 5: 1.07 acres. The final plat contains: a) Legal Description b) Property Lines c) Date d) Right-of-way width e) Proper Lot Sequence A Deed of Dedication and Engineers Certificate of Survey will need to be submitted and approved before the final plat is approved. CHICAGO, CENTRAL & PACIFIC RAILROAD 0' RCN! (500. 25' S 59 29' E) _ 500 21' S 59°12.22" E ., "104 3 a� Parcel 'A" - SE 1/ 4 5-89-13 (92.97) 93.05' 0241"W 100oz LOT 1 t0000 LOT 2 1000E 4 LOT 3 Mary e LOT 4 moos LOT 5 370.35's00'19' e 070,32'5 01'03'37" El '- n m 3 Any 3 E u A w m�T Parcel " H" 6E 714 5-89-13 5 47>905F I10AC 97.962SF 1.05 AC TF i.88AC oaoo 1.14SF 1.OEAc PRO30 L. ,SIENENT 48.4905E 1.07 AC iuirr -•� VV l Traci" F" .. _ I SE LW4"5-89-13 22- 1o000'' 00090 MO MT Trad A d�� aooas SRR'SF���I Oe ac s 1, • xssti�i ' Westport Addition Page 3 of 5 Picture 1: Looking northwest from Airline Highway toward 3338 West Airline Highway visible in the background. Picture 2: Looking north from West Airline Highway. Westport Addition Page 4 of 5 STAFF Therefore, staff recommends that the request by the City of Waterloo RECOMMENDATION: for the Final Plat of West Port a 5-lot commercial subdivision located in the "M-1" Light Industrial District east of 3338 West Airline Highway be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would create additional developable properties near the Waterloo Regional Airport. And with the following condition(s): 1. That the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. Westport Addition Page 5 of 5 City of Waterloo Planning, Programming and Zoning Commission November 9, 2021 East of 3338 West Airline Highway Final Plat City of Waterloo City of Waterloo Planning, Programming and Zoning Commission November 9, 2021 East of 3338 WestAirline Highway Final Plat City of Waterloo Index Legend Location Description: Parcel G & Tracts C & D SE 1/ 4, Sec. 5, T89N, R13W City of Waterloo, Iowa Requestor: Noel Anderson, City of Waterloo Proprietor: City of Waterloo Surveyor: William W. Castle Surveyor Company: City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312 FD #4 REBAR W/ OUT ID CAP 223.62' Parcel "A" SE 1/ 4 5-89-13 Misc Book 297 Page 615 EX. 30' UTILITY (92.95') 93.05' N 01 °02'47" W 223.5' EASEMENT Parcel "J" SE 1/ 4 5-89-13 Doc #2022-815 223.5' c) 0 ° o • Z co co co u7 co co CHICAGO, CENTRAL & PACIFIC RAILROAD 100' ROW (500.25' S 88°28' E) 500.23' S 89°12'22" E 100.03' 100.05' 100.05' 100.05' LOT 1 47,760 SF 1.10 AC FD #4 REBAR W/ YELLOW ID CAP "IOWA - 8033" Tract "C" 0 Doc #20I. -9617 Parcel 'G" SE 1/ 4 5-E Doc #2019-9618 473.00' S 01 °03'37" LOT 2 47,462 SF 1.09 AC LOT 3 47,138 SF 1.06 AC (500.0' S 69'40'15" W) 499.93' S 89'55'56" w Tract "D" Doc #2019-9617 9-13 469.76' S 01°03'37" E LOT 4 46,814 SF 1.07 AC PRO. 35' UTILITY EASEMENT FD #4 REBAR W/ ORANGE ID CAP "IOWA - 23212" (TYPICAL UNLESS NOTED) W 466.52' S 01 °03'3 100.05' LOT 5 46,490 SF 1.07 AC 33.01' N 01°03'341" W 1,028.08' S 88°56'19" W S 1/4 CORNER, SEC. 5, T89N, R13W, FD. #4 REBAR IN PCC PAVEMENT PER MISC. BK. 344, PG. 129 Plat Legend: • Found Monument O Set 5/8" x 24" Rebar w/Blue Plastic Cap "Iowa -19715" ▪ Cut "X" in concrete, found or set (123.45') Record Measurement 123.45' Field Measurement POC Point of Commencement POB Point of Beginning N 99.95' 100.00' 100.00' 100.00' I ` (500.0' S 89°40'50" W) 499.95' S 88°56'19" W 1 (500.0') 499.95' S 88056'19" W 204.25' W 6) Parcel "E" 0 z.0 SE 1/ 4 5-89-13 o r (Remainder) co O Doc #2016-11511 in to CO CV o cow (93.05') 92.96' S 01°03'37" E co -Ail o N 100.00' N N I POB WEST AIRLINE HIGHWAY This P VARIABLE WIDTH ROW Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa Stale Plane Coordinate System, North Zone, NAD 83 (2011). 2. Survey field work completed on October 11, 2021. 3. All dimensions are in US Survey feet and decimals thereof. 4. See Deed of Dedication for covenants and restrictions.. 5. Proposed contours to be determined by developer of each lot. 6. Developers of each lot responsible for installation of utility services. 7. Property corners to be set within seven months of date of survey. 204.1' Tract "B" Doc #2019-9617 0 80.05' 80.0' Tract "F" Doc #2019-9617 Tract "A" Doc #2019.9617 204.1' t 33.00' N 01 °03'37" W (1,141.8' S 89°40'50" W) 1,141.71' S 88°56'19" W t or'uhdivlsit has been reviewed by City annex or design 0 50 100 200 Scale: 1 inch = 100 feet Tract "E" Doc #2019-9617 80.0' POC FINAL PLAT WEST PORT A REPLAT OF PARCEL G, TRACT C, AND TRACT D, IN THE SE 1/4, SEC. 5, T89N, R13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA West Port, being a replat of Parcel G per Plat of Survey recorded as Document Number 2019-9618 in the Black Hawk County Recorder's Office, and Tracts C and D per Plat of Survey recorded as Document Number 2019-9617 in the Black Hawk County Recorder's Office, all in the Southeast Quarter (SE 1/4), Section 5, Township 89 North (T89N), Range 13 West (R13W) of the 5th Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows: Commencing at the Southeast Corner of said Section 5; thence South 8E"56'19" West 1,141.71 feet (1,141.8 feet per Doc. No. 2019-9617) along the south line of said Section 5; thence North 01°03'37" West 33.00 feet to the southeast corner of said Tract C and the point of beginning of this description; thence South 88°56'19" West 499.95 feet (500.10 feet per Doc. No. 2019-9617) along the south line of said Tract C to the common south corner of said Tract C and Parcel J of said SE 1/4; thence North 01°02'47' West 93.05 feet (92.95 feet per Doc. No. 2319-9617) along the west line of said Tracts C and D and the east line of said Parcel J to the common corner of Tract D and Parcels J, G, and A of said 5E 1/4; thence North 01°03'54" West 386.43 feet (386.45 feet per Miscellaneous Book 297 Page 613 and 386.6 feet per Doc. No. 2019-9618) along the common line of said Parcels A and G to the south line of the Chicago, Central, and Pacific Railroad; thence South 89°12'22" East 500.23 feet (500.25 feet per Doc. No. 2019-9618) along said southerly Railroad line to the east line of said Parcel G; thence South 01°03'37" East 370.32 feet (370.35 feet per Doc. No. 2019-9618) along the common line of said Parcels G and E of said SE 1/4 to the common corner of Parcels G and E and Tracts D and B of Plat of Survey Doc. No. 2019-9617; thence continuing South 01°03'37" East 92.96 feet (93.05 feet per Doc. No. 2019-9617) along the east line; of said Tracts C and D and the west lines of Tracts B and A (all tracts per Plat of Survey Doc. No. 2019-9617) to the point of beginning, containing 5.41 acres. SE CORNER, SEC. 5, TB9N, R13W, FD. #4 REBAR IN PCC PAVEMENT PER MISC. BK. 344, PG. 129 Engineer / Surveyor: William Castle, PLS, PE City of Waterloo Engr. Dept. 715 Mulberry Street Waterloo, Iowa 50703 Phone (319) 291-4312 Owner / Developer: City of Waterloo, IA Survey Requested By: Noel Anderson Economic Development Dir. 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4366 I hereby certify that this surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the eta of toil /gz.0 Z r William W. Castle, PLS Date License Number 19715 My License Renewal Date is December 31, 2021. Pages or sheets covered by this seal : ' 11 O CO a LL I co DD CO 0 W 0 ry-7 ILE a. W W LL 0 rJ w W IY w m -J U tii co � W 10 a= 3 0- N O CNIci 0 W N ?H v 00p� ceZ12 Q z a. w w ❑ DEED OF DEDICATION WEST PORT WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA The City of Waterloo, Iowa ("Owner"), being desirous of platting into lots the land described in the attached Certificate of Survey, by William W. Castle, a licensed land surveyor, dated October 18, 2022, 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 West Port, Waterloo, Black Hawk County, Iowa (the "Property"), all of which is with the free consent and desire of the undersigned. No dedications for public streets are made as part of this 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 RESTRICTIONS; EASEMENTS 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, if any. 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. ARTICLE II USE OF THE PROPERTY 1. 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 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 DEVELOPMENT STANDARDS 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 fifteen (15) feet. On -street parking will not be permitted. 2. Truck Parking and Maneuvering. The maneuvering area for trucks for docking 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 screened from road right of way view. 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 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. 2 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. Duration of Covenants. Unless otherwise extended or removed, these restrictions shall be applicable for a term of twenty-one (21) 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. 2. 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 April 18 , 2022. CITY OF WATERLOO, IOWA By: Qaerdin }�ar' Quentin M. Hart, Mayor RlelThy Ee(ch Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on c,9 ,2022 by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, espectively, of the City of Waterloo, Iowa. DPP'"�a LEANN M EVEN S C11 „„iii#,S COMMISSION NO.731693 Nott.ry Public *it * MY clowis ON, x_fIRES 3 Certificate of Survey I, William W. Castle, a duly licensed Land Surveyor in the State of Iowa, do hereby certify that a survey was made, under my supervision, of the property to be known as West Port, in the Southeast Quarter of Section 5, Township 89 North, Range 13 West of the 5th PM, City of Waterloo, Black Hawk County, State of Iowa, as shown on the attached plat, and further described as follows: West Port, being a replat of Parcel G per Plat of Survey recorded as Document Number 2019-9618 in the Black Hawk County Recorder's Office, and Tracts C and D per Plat of Survey recorded as Document Number 2019-9617 in the Black Hawk County Recorder's Office, all in the Southeast Quarter (SE 1/4), Section 5, Township 89 North (T89N), Range 13 West (R13W) of the 5th Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows: Commencing at the Southeast Corner of said Section 5; thence South 88°56'19" West 1,141.71 feet (1,141.8 feet per Doc. No. 2019-9617) along the south line of said Section 5; thence North 01°03'37" West 33.00 feet to the southeast corner of said Tract C and the point of beginning of this description; thence South 88°56'19" West 499.95 feet (500.0 feet per Doc. No. 2019-9617) along the south line of said Tract C to the common south corner of said Tract C and Parcel J of said SE 1/4; thence North 01°02'47" West 93.05 feet (92.95 feet per Doc. No. 2019-9617) along the west line of said Tracts C and D and the east line of said Parcel J to the common corner of Tract D and Parcels J, G, and A of said SE 1/4; thence North 01°03'54" West 386.43 feet (386.45 feet per Miscellaneous Book 297 Page 613 and 386.6 feet per Doc. No. 2019-9618) along the common line of said Parcels A and G to the south line of the Chicago, Central, and Pacific Railroad; thence South 89°12'22" East 500.23 feet (500.25 feet per Doc. No. 2019-9618) along said southerly Railroad line to the east line of said Parcel G; thence South 01°03'37" East 370.32 feet (370.35 feet per Doc. No. 2019-9618) along the common line of said Parcels G and E of said SE 1/4 to the common corner of Parcels G and E and Tracts D and B of Plat of Survey Doc. No. 2019- 9617; thence continuing South 01°03'37" East 92.96 feet (93.05 feet per Doc. No. 2019-9617) along the east lines of said Tracts C and D and the west lines of Tracts B and A (all tracts per Plat of Survey Doc. No. 2019-9617) to the point of beginning, containing 5.41 acres. further certify that the plat as shown is a correct representation of the survey and that iron monuments will be placed at all corners as indicated on the plat within one year from the filing of the plat. kiktO / William W. Castle, PLS Date Iowa License Number 19715 My license renewal date is December 31, 2021. ,,,.. IN\\\ot50S0 00N0 /40 w°oe WIWAM • o 90 o z • CASTLE o V % 19715 o g * 1oWA *- '‘‘ Mayor QUENTIN HART COUNCIL MEMBERS JOHN CHILES Ward 1 JONATHAN GRIEDER Ward NIA WILDER Ward 3 JEROME AMOS, .1R. Wand 4 RAY FEUSS Ward 5 ROB NICHOLS At -Large DATE BOESEN At -Large CITY OF WATERLOO, OWA ENGINEERING DEPARTMENT • 715 Mulberry St • Waterloo, IA 50703 • Phone (319) 291-4312 • Fax (319) 291-4262 Email: city.engineer@waterloo-ia.org JAMIE KNUTSON, PE • City Engineer April 6, 2022 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT WEST PORT Dear Arica • 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. Sincerel Dennis . Gentz, P.E. Assistant City Engineer WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer f. Zoning District(s): CITY OF WATERLOO PLANNING AND ZONING CONIlVIISSION REQUEST FOR PLATTING (FINAL) 1. APPLICATION INFORMATION: a. Applicant's Name (please print): a(�9 Of ci,.\�T�L- �J Address: ace,��j (�tL. seek c Phone: 30 „--t-f319CD City: (/ifk\—C6-14LnJ State: ,r9- Zip: 5d70( Email: Ai71cLe 44fir2;04CLe i,,;laa€Loole"„0PG- b. Status of Applicant: (a) Owner_>c(b) Other (CHECK ONE): If other explain: c. Property Owner's Name if different than above (please print): Address: Phone: City: State: Zip: 2. PREPARER INFORMATION: a. Preparer's Business Name (please print): Primary Preparer's Name: Phone: E-mail: 3. PROPERTY III FORMATION: a. Name of Plat: 1; uesai- coin b. General Location of Property: c. Area of Proposed Plat: d. Area of Proposed Plat to be dedicated/conveyed to the City: e. Value of area to be dedicated/conveyed to the City: VYl 4. OTHER DOCUMENTATION: a. Date of Preliminary Plat Approval: P&Z City Council b. Six (6) copies of the Final Plat which are in conformance with Section 11-3-3 of the Subdivision Ord. (also submit a digital copy of the plat in PDF format) c. Three (3) copies of Deed of Dedication (must be original signatures) d. Three (3) copies of all Contract, Petition and Waiver forms (must be original signatures) e. Three(3) copies of Certificate of Survey (must be original signatures) 5. PUBLIC IMPROVEMENTS a. Costs for any public improvements: Estimate Actual Total Cost Storm Sewer Sanitary Sewer Paving Land Dedicated TOTAL The Request Fee of $215 + $10 per lot (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and penalty of perjury that all information on this request and submitted along with it is true and correct. All information will be used by the - -rloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The and - signe 'i authorize City Zoning Officials to enter the property in questi • rds to the request. Signature of Applicant Date Signature of Owner Date PROFESSIONAL SERVICES AGREEMENT Iowa DOT Project Number_ ICAAP-SWAP-8155(781)--SH-07 THIS AGREEMENT is made as of this 1 8th day of April, 2022, between City of Waterloo ("OWNER"), and HDR ENGINEERING, INC., ("ENGINEER" or "CONSULTANT") for services in connection with the project known as Upgrade to Adaptive Traffic Signal Technology on Logan Avenue ("Project"); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The HDR Engineering, Inc. Terms and Conditions, which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "HDR Engineering, Inc. Terms and Conditions for Professional Services." The OWNER shall name an individual (Project Manager) with full authority to manage this Agreement on OWNER's behalf. The Project Manager for this agreement is Mohammad Elahi, Traffic Engineer. SECTION IV. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of Time and Materials with actual labor hours at the rates included in Exhibit A, to be paid as total compensation for each hour an employee works on the project, plus Reimbursable Expenses, estimated to be $19,552.00 and a contingency amount of $3,448.00 but the total including contingency not to exceed $23,000. The labor rates are the direct ENGINEER'S employee pay rate multiplied by a factor to cover overhead costs. Agreement for Professional Services 1 1/2020 The OWNER shall provide tax exempt certificate to the ENGINEER so that material and services can be procured by ENGINEER free of tax in the course of fulfilling ENGINEER's obligations under this Agreement. Compensation terms are defined as follows: Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation travel, subconsultants, subcontractors, technology charges, telephone, telex, shipping and express, and other incurred expense. Contingency amount shall only be utilized by prior written request of the ENGINEER and approval of the Project Manager. SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the service within the time period(s) described in Exhibit A. Agreement time may be extended by Project Manager. Unless otherwise stated elsewhere in this Agreement, the rates of compensation for ENGINEER'S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER'S services are exceeded through no fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures and amounts of ENGINEER'S compensation shall be equitably adjusted. SECTION VI. MISCALANEOUS This project will be let by the Iowa Department of Transportation. Agreement for Professional Services 2 1/2020 SECTION VII. SPECIAL PROVISIONS IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of Waterloo "OWNER" BY: NAME: TITLE: Quinten Hart Mayor ADDRESS: 715 Mulberry Street Waterloo, Iowa 50703 HDR ENGINEERING, INC. "ENGINEER" BY: NAME: TITLE: ADDRESS: Matthew B Tondl Senior Vice President 1917 S. 67th Street Omaha, Nebraska 68106 Agreement for Professional Services 3 1/2020 EXHIBIT A SCOPE OF SERVICES SCOPE OF SERVICES UPGRADE TO ADAPTIVE TRAFFIC SIGNAL TECHNOLOGY ON LOGAN AVE (US 63) CITY OF WATERLOO This document outlines the services that HDR will perform for the City of Waterloo (City) for the Upgrade to Adaptive Traffic Signal Technology on Logan Ave (US 63) project. Approximate periods of performance for each task are included. These are subject to change at the direction of the City. Task 1: Project Management (April 2022 — April 2023) Project management incudes: • Regular coordination between HDR project manager and the City • Staff coordination • Maintain project schedule and budget • Provide monthly progress reports and invoices • Up to 3 conference calls for two staff members with the City • QA/QC of deliverables Task 2: Data Collection (April 2022 — May 2022) HDR will have Iowa -Counts collect two separate 12-hour intersection turning movement counts for the following five intersections: • Logan Ave & Conger St/Newell St • Logan Ave & Parker St • Logan Ave & Esther St • Logan Ave & Dale St • Logan Ave & Donald St Traffic counts will be collected for the following time periods in 15-minute intervals: • 7am-7pm on a Tuesday, Wednesday, or Thursday when schools are in session • 7am-7pm on a Friday when schools are in session Task 3: Review Systems Engineering Document (May 2022) HDR will review the Systems Engineering Document assembled by the City and provide one (1) round of comments. Task 4: Develop Base Timing Plans (May 2022 — September 2022) HDR will evaluate the pedestrian walk and flashing don't walk intervals at all signalized crosswalks at the five signalized intersections in the study area to make sure they are adequate and provide updated timings if determined needed. HDR will examine the feasibility of using leading pedestrian intervals at these five intersections using guidance found in the literature (e.g. NCHRP Research Report 969) and provide recommended use with the updated timings. HDR will develop timing plans for four time periods: AM Peak, Midday Peak, PM Peak, and Offpeak. These timing plans will be modified if necessary to be suitable for Friday -specific traffic conditions based on the count data collected in Task 2. Part of this task will be determining the feasibility of continuing coordination from the intersections to the south along US 63. HDR will coordinate with the City to determine start/stop times for each of the three developed plans. HDR will provide final base timing plans in tabular format. Task 5: Design Supervision (June 2022) Contract documents including plans will be designed by the City. HDR will supervise, review, and approve the design work and assemble a plan set to be used in project letting by the Iowa Department of Transportation. Task 6: Corridor Performance (April 2022 — April 2023) HDR will perform travel time runs along the corridor to collect performance data for existing conditions and for conditions after new base timings are implemented and the adaptive signal system has been fine-tuned by the City. Travel time run data will be collected using Tru-Traffic software and completed on a Thursday 3-6pm and on a Friday 3-6pm while school is in session and include a minimum of five travel time runs in each travel direction before and after project implementation. The travel time data will be used to compute the following performance measures: • Change in corridor travel time • Change in delay • Change in stops • Change in fuel • Change in CO, VOC and NOx emissions User costs for delay and fuel consumption for the PM Peak hours of data collected from the before/after travel time runs will be calculated based on local demographic information. Key Assumptions • HDR will use existing yellow change and red clearance intervals in the development of base timing plans. • The adaptive control system vendor will provide all support in setting the adaptive parameters and fine-tuning the adaptive system. • The period of performance will be dependent on when the travel time runs can be conducted for the after conditions. Fee Schedule Classification Billing Rate Project Manager $155 Senior Traffic Engineer $200 Traffic Engineer $155 Traffic EIT $105 Project Administration $155 EXHIBIT B TERMS AND CONDITIONS HDR Engineering, Inc. Terms and Conditions for Professional Services 1. STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. 2. INSURANCE/INDEMNITY ENGINEER agrees to procure and maintain, at its expense, Workers' Compensation insurance as required by statute; Employer's Liability of $250,000; Automobile Liability insurance of $1,000,000 combined single limit for bodily injury and property damage covering all vehicles, including hired vehicles, owned and non -owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and property damage; and Professional Liability insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which ENGINEER is legally liable. If flying an Unmanned Aerial System (UAS or drone), ENGINEER will procure and maintain aircraft unmanned aerial systems insurance of $1,000,000 per occurrence. OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OWNER. ENGINEER agrees to indemnify OWNER for third party personal injury and property damage claims to the extent caused by ENGINEER's negligent acts, errors or omissions. However, neither Party to this Agreement shall be liable to the other Party for any special, incidental, indirect, or consequential damages (including but not limited to loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; and/or fines or penalties), loss of profits or revenue arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to any such damages caused by the negligence, errors or omissions, strict liability or breach of contract. 3. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. 4. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement. OWNER agrees to include ENGINEER as an indemnified party in OWNER's construction contracts for the work, which shall protect ENGINEER to the same degree as OWNER. Further, OWNER agrees that ENGINEER shall be listed as an additional insured under the construction contractor's liability insurance policies. 5. CONTROLLING LAW This Agreement is to be governed by the law of the state where ENGINEER's services are performed. 6. SERVICES AND INFORMATION OWNER will provide all criteria and information pertaining to OWNER's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. OWNER will also provide copies of any OWNER -furnished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project. OWNER will furnish the services of soils/geotechnical engineers or other consultants that include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER agrees to bear full responsibility for the technical accuracy and content of OWNER -furnished documents and services. In performing professional engineering and related services hereunder, it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sole responsibility to obtain the advice of an attorney, insurance counselor or accountant to protect the OWNER's legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER's representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attorney, insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER's interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGINEER. 7. SUCCESSORS, ASSIGNS AND BENEFICIARIES OWNER and ENGINEER, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest in this Agreement or claims arising therefrom without the written consent of the other. No third party beneficiaries are intended under this Agreement. 8. RE -USE OF DOCUMENTS All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project. ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, and OWNER will defend, indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, including attorney's fees, arising or resulting therefrom. Any such verification or adaptation will 1 (5/2020) entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 9. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice to the other party. Where the method of payment is "lump sum," or cost reimbursement, the final invoice will include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11. INVOICES ENGINEER will submit monthly invoices for services rendered and OWNER will make payments to ENGINEER within thirty (30) days of OWNER's receipt of ENGINEER's invoice. ENGINEER will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by OWNER's auditors upon request. If OWNER disputes any items in ENGINEER's invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification and/or correction. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. OWNER recognizes that late payment of invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER interest at the rate of one percent (1 %) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within thirty (30) days from the date OWNER receives ENGINEER's invoice. In the event undisputed portions of ENGINEER's invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice -to -proceed, or like document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity for individuals based on color, religion, sex, or national origin, or disabled veteran, recently separated veteran, other protected veteran and armed forces service medal veteran status, disabilities under provisions of executive order 11246, and other employment, statutes and regulations, as stated in Title 41 Part 60 of the Code of Federal Regulations § 60-1.4 (a-f), § 60-300.5 (a-e), § 60-741 (a-e). 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that ENGINEER's scope of services do not include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with ENGINEER's services under this Agreement. If ENGINEER's services hereunder cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's sole negligence or willful misconduct. 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between ENGINEER and OWNER, supersedes and controls over all prior written or oral Terms & Conditions for Professional Services 2 (5/2020) understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. 17. ALLOCATION OF RISK OWNER AND ENGINEER HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING ENGINEER'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE RISKS, SO, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ENGINEER (AND ITS RELATED CORPORATIONS, SUBCONSULTANTS AND EMPLOYEES) TO OWNER AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE LESSER OF $1,000,000 OR ITS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF ENGINEER'S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S) OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. 18. LITIGATION SUPPORT In the event ENGINEER is required to respond to a subpoena, government inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which ENGINEER is not a party, OWNER shall reimburse ENGINEER for reasonable costs in responding and compensate ENGINEER at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. 19. NO THIRD PARTY BENEFICIARIES No third party beneficiaries are intended under this Agreement. In the event a reliance letter or certification is required under the scope of services, the parties agree to use a form that is mutually acceptable to both parties. 20. UTILITY LOCATION If underground sampling/testing is to be performed, a local utility locating service shall be contacted to make arrangements for all utilities to determine the location of underground utilities. In addition, OWNER shall notify ENGINEER of the presence and location of any underground utilities located on the OWNER's property which are not the responsibility of private/public utilities. ENGINEER shall take reasonable precautions to avoid damaging underground utilities that are properly marked. The OWNER agrees to waive any claim against ENGINEER and will indemnify and hold ENGINEER harmless from any claim of liability, injury or loss caused by or allegedly caused by ENGINEER's damaging of underground utilities that are not properly marked or are not called to ENGINEER's attention prior to beginning the underground sampling/testing. 21 UNMANNED AERIAL SYSTEMS If operating UAS, ENGINEER will obtain all permits or exemptions required by law to operate any UAS included in the services. ENGINEER's operators have completed the training, certifications and licensure as required by the applicable jurisdiction in which the UAS will be operated. OWNER will obtain any necessary permissions for ENGINEER to operate over private property, and assist, as necessary, with all other necessary permissions for operations. 22. OPERATIONAL TECHNOLOGY SYSTEMS OWNER agrees that the effectiveness of operational technology systems ("OT Systems") and features designed, recommended or assessed by ENGINEER are dependent upon OWNER's continued operation and maintenance of the OT Systems in accordance with all standards, best practices, laws, and regulations that govern the operation and maintenance of the OT Systems. OWNER shall be solely responsible for operating and maintaining the OT System in accordance with applicable industry standards (i.e. ISA, NIST, etc.) and best practices, which generally include but are not limited to, cyber security policies and procedures, documentation and training requirements, continuous monitoring of assets for tampering and intrusion, periodic evaluation for asset vulnerabilities, implementation and update of appropriate technical, physical, and operational standards, and offline testing of all software/firmware patches/updates prior to placing updates into production. Additionally, OWNER recognizes and agrees that OT Systems are subject to internal and external breach, compromise, and similar incidents. Security features designed, recommended or assessed by ENGINEER are intended to reduce the likelihood that OT Systems will be compromised by such incidents. However, ENGINEER does not guarantee that OWNER's OT Systems are impenetrable and OWNER agrees to waive any claims against ENGINEER resulting from any such incidents that relate to or affect OWNER's OT Systems. 23. FORCE MAJEURE ENGINEER shall not be responsible for delays caused by factors beyond ENGINEER's reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, government ordered industry shutdowns, power or server outages, acts of nature, widespread infectious disease outbreaks (including, but not limited to epidemics and pandemics), failure of any governmental or other regulatory authority to act in a timely manner, failure of the OWNER to furnish timely information or approve or disapprove of ENGINEER's services or work product, or delays caused by faulty performance by the OWNER's or by contractors of any level or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing. When such delays beyond ENGINEER's reasonable control occur, the OWNER agrees that ENGINEER shall not be responsible for damages, nor shall ENGINEER be deemed in default of this Agreement, and the parties will negotiate an equitable adjustment to ENGINEER's schedule and/or compensation if impacted by the force majeure event or condition. Terms & Conditions for Professional Services 3 (5/2020) Iowa Department of Natural Resources Wastewater Section Construction Permit Application Sewage Treatment Agreement INSTRUCTIONS This agreement must be executed for all projects where construction and sewage treatment will be provided by different parties; i.e., a private subdivision connecting to a municipal system. This agreement must be executed by the parties who are owners at the time the permit is issued, regardless of whether title to the proposed construction project will be transferred after completion of the project. This agreement is not necessary when a contract for sewage treatment already exists; i.e., service contracts between municipalities. However, the Department of Natural Resources must be informed in writing that the contractual agreement does exist. APPLICANT Owner: Jeremey J. Bullerman ENGINEER Firm: Helland Engineering & Surveying, Ltd. Address: 100 Martin Road, Waterloo, Iowa 50701 Address: 6109 Chancellor Drive, Cedar Falls, Iowa 50613 Representative: Kyle J. Helland Project Officer: Ronald D. Arends Phone Number: 319-266-0161 Phone Number: 319-290-6240 Project Identification: 146 Martin Road Condominiums, Waterloo, Iowa 50701 Owner and System Receiving Wastes: Waterloo Water Pollution Control Plant, IA 079001 Fed. 0042650 CERTIFICATION I am the authorized representative of the owner identified above and state that the proposed sanitary sewage facilities shall be constructed in accordance with the plans and specifications and all wastes contributed by this project shall be discharged to the treatment system 'dentified above. Signature j�... ,,,A1 Title: President Date 03/07/2022 I AGREEMENT TO PROVIDE SEWAGE TREATMENT i am the authorized representative of the owner of the system identified above and state that the connection of the proposed sanitary sewage facilities identified above is approved by the owner, and that the owner accepts responsibility for providing adequate treatment of all wastes contributed by this project, in accordance with the provisions of Chapter 455B, Code of Iowa, and the rules of the Department of Natural Resources. This agreement shall not be construed in any way to affect any local ordinances, sewer service agreements, or fee systems entered into between the parties. Name: Quentin Hart Title: Mayor Signature Quevzris Date 4/18/2022 Phone: 319-291-4303 9/2018 cmc DNR Form 542-3219; 29 CITY OF WATERLOO, I WA CODE ENFORCEMENT DEPARTMENT CONTRACT for FY 2023 OMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL This Contract for Complaint mowing and Snow removal (the "Contract") is made and entered into on April 18, 2022, by and between the City of Waterloo, lowa (the `City"), and B & B Lawn Care Inc. (the "C..ont actor") 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 Proposals c, Notice of Hearing d. Instruction to Bidders e, Signed copy of Bid f. General Conditions g_ Specifications These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall be 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 timeframe. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following! a) 'I he Contractor will remove all litter, garbage, or junk on vacant lots andfor vacant properties that would be cause the Contractor not to be able to fulfill the obligation ofwecdlgrass or snow removal at their own cost. b) Contractors will abide by ordinance sections a. 7-1-2B(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_ 7-1-2F Contractors will not be permitted to blow tiveedslgrass onto or across any street or alley. In the event weeds/grass is transferred into the street it shall be removed by the Contractor c} Contractors shall bag all weedslgrass taller than 12" in residential areas and dispose of the rubbish properly. Disposal can he done at the City of Waterloo Yard Waste Site located at 2749 Independence Ave., Waterloo, Iowa_ a. No branches may exceed two and one-half inches (2 W) in diameter and three and one-half feet (3 %.') in length. b. No bogs or full sired trees. FY 2023 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL CONTRACT - Page 1 c. Must provide proof of identification upon arrival at the yard waste site. List of employees identification most he pre -approved nod on file with the Code Enforcement department before dropping off. d. Yard waste drop off may only be utilized Monday through Friday, no exceptions. d) All loads being transported on city streets must be covered and contained. Ordinance 4-3A-4. c) Contractors are not to mow or trim any flowers or gardens unless specified by the Code Enforcement Department, f) Contractors will trim around all trees, telephone poles, fences, structures, curbs and on the backside of al]cys. g) Contractors must have a camera that will time stamp and date photos. Photos must be taken of the property before work begins and when the work is finished. h) Contractors will be provided with a yardstick that must be used to measure the length of the grass in each set of photos taken while at a property_ i) Referrals may only be completed between 6:01.1am—8:OOpm. j) The City of Waterloo will not be obligated to pay the full amount for referral work when all necessary photos required by the Contractor have not been turned into our office. kj In the event the Code Enforcement 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 or owner of the property. 1) 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. tn.) Charges for sand, salt or both will be determined by following: The owner shall be charged $15 for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk per residence_ if the properly is located on a corner lot the owner of the property shall be charged $30 for any amount of salt that needs to be used to assist in the removal of ice from the sidewalk provided that ice removal is needed on both sidewalks_ Prior approval is required in the event you feel additional salt is necessary. n) Contractor shall remove all involuntary vines, brush, or trees along any fence and the portion of property to the alley when referral is given by the Code Enforcement Department. o) The owner shall be charged one amount of 15 minutes travel time in addition to all outer fees applied per referral. p) Completed referrals must be turned into our office every two (2) weeks with paperwork and photos for review. q) Any completed referral paperwork turned in after fourty-five (45) days will be subject to non- payment. r) Properties found in compliance upon arrival of contractor, will not result in additional charges to the City of Waterloo from the Contractor_ s) Unless prior approval has been given. the City of Waterloo will only be obligated to pay for the work of two people per referral_ 4. The Contractor agrees to comply with and obey all 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 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_ G. 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 FY Yla C0MP1.A1NT MOWING' WITH OOMN AENT SNOW RFMOVAT. CONTRACT — Pate 2 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 ofthe delay caused by the City. 8, The City, at its sok discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including, hut 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 terimination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligtions 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, daanac 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, 1 I _ Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 1, Because time is of great importance when completing referral work, 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 registered or certified mail, postage prepaid and addressed: City City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk Contractor B &. B Lawn Care 124 Center St_ Waterloo, lovva 50703 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. 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 ofthe other party or any other person. Contractor is an independent Contractor, FY 2023 ()DWI rtn• MOWING wrrH COMPLAINTS[ OW REMOVAL CONTRACT — Page 3 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 fords 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 he deemed to be written and shall be construed and enforced as so limited, l7_ 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. IN WITNESS WHEREOF, the parties have executed this Contract for Complaint Mowing and Snow Removal by their duly authorized representatives as of the dale first set forth above. CITY OF WATERLOO, TOWA CONTRACTOR Qae/til/Z 9 Lart Mayor 7(efTy Fefch1 City Clerk B dge. B Lawn Care Inc, Name of Contractor By: Robert Adams, Waterloo, lows Title: Owner ! Y 2033 COMPLAINT MOWING w':m COMPLAINT SNOW REMOVAL CONTRACT Papa 4 Ns Robinson Engineering Company Consulting Engineers Delane Creek Watershed Assessment Waterloo, Iowa Addendum No. 1 WHEREAS, City of Waterloo and Robinson Engineering Company entered into a contract dated March 16, 2020 for the design of the Delane Creek within the City of Waterloo, Iowa. WHEREAS, City of Waterloo and Robinson Engineering Company desire to amend the previous agreement to make the following revisions to the contract. NOW THEREFORE, it is mutually agreed to amend the original Consultant Agreement as follows: I. Scope of Services The scope of services is amended to add sampling and testing of surface water samples from the Sunnyside Watershed. Tests will be taken monthly for nine months. Once this information is obtained, a simple analysis will be completed on a combination of these test results and results previously obtained. A previously written report will be updated with the new data and modified conclusions. One additional sample will be obtained from the Sunnyside Watershed for pesticide and herbicide testing. The results from testing completed will be included in the written report for this watershed. II. Compensation The additional work will be completed for the following cost: Testing, Analysis and Report Update: $5,650.00 Pesticide and Herbicide Testing: + $330.00 Total $5,980.00 The compensation for this supplemental agreement is to be integrated with that covered under the original contract. III. In all other respects, the obligations of City of Waterloo and Robinson Engineering Company shall remain as specified in the Original Contract dated July 30, 2018, and all addendums. IN WHITNESS WHEREOF, the parties hereto have executed this Addendum No. 1 as of the dates shown below. OWNER: 62uerturi 9-far City of Waterloo By: Quentin M. Hart Title: Mayor RelThy rFetcI ATTEST: Kelley Felchle, CMC City Clerk ENGINEER: Robinson Engineeriplg Company By: Monica Smith, PE Title: President 819 Second Street NE, Independence, IA 50644 Phone: 3 l 9-334-7211