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Council Packet - 3/18/2024
CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, March 18, 2024 5:30 PM CITY OF WATERLOO COMMUNITY VISION PLAN 1. Fly the W: To develop a sense of pride and relationship between residents and the City of Waterloo, and then leverage that pride to communicate the City's attributes to external audiences. 2. Elevate Housing: Redevelop, renovate, or improve 800 residences in Waterloo in eight years by providing access to capital. 3. Celebrate and Connect Neighborhoods: To leverage Waterloo's rich tradition of neighborhoods by celebrating and connecting them with the community and region at large. 4. Waterloo Works: Grow a diverse and skilled workforce in Waterloo that connects people and employers for mutual growth. 5. Crossroads Doubledown: Re -energize the Crossroads Mall area into a sports/recreation-themed gravitational center. 6. Power Up Downtown: Keep Waterloo's core downtown evolving to meet the needs of future generations, supporting and showcasing arts and cultural opportunities and creating an experience like no other. 7. Sportstown USA: To generate excitement, develop youth, and drive investment and economic impact from year-round visitors. 8. Community of Opportunity: Eliminate barriers that keep Waterloo residents, and the community as a whole, from reaching its true potential, creating an equitable, thriving, and sustainable community for future generations. Waterloo is a Community of Opportunity, where everyone can prosper. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A. Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The public Page 1 of 545 is required to follow the rules listed in this article when speaking during any meeting of the city council. B. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium, and after recognition by the presiding officer, shall state their name, address, and group affiliation, if appropriate, and speak clearly into the microphone. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes During the public comment section of the agenda. The public shall not be required to pre -register to speak during public comment. Individuals shall only speak on matters not listed on the regular agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by four o'clock (4:00) P.M. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence. Pledge of Allegiance - Nia Wilder, Ward 3 Council Member. Approval of Agenda as proposed or amended. Approval of Minutes of March 4, 2024, as proposed or amended. Page 2 of 545 Waterloo Police Department Live Saving Award presented to Officers Jessica Brownell, Cheyenne Shaw, and Keefe Williams. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. CONSENT AGENDA The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 18, 2024, and date of public hearing as May 6, 2024, in conjunction with the Street Department Seal Coat Program, and instruct the City Clerk to publish notice. 3. Resolution approving preliminary plans, specifications, bid documents, form of contract, etc., setting the date of bid opening as April 4, 2024, and date of public hearing as April 15, 2024, in conjunction with the 2024-2026 Wastewater Treatment Plant and Lagoon Mowing /Spraying Project, and instruct the City Clerk to publish notice. 4. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 4, 2024, and date of public hearing as April 15, 2024, in conjunction with the 2024-2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract for city -owned lots generally maintained by the Planning and Zoning Department, and instruct the City Clerk to publish notice. 5. Resolution approving award of bid to Restoration Services of Waterloo, Iowa, in the amount of $31,970.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Hangar No. 4 Tuckpointing and Painting, IDOT FY-23 CSVI Project, and authorizing the Mayor and City Clerk to execute said documents. 6. Resolution approving award of bid to Adams Outdoor Contracting Inc., of Waterloo, Iowa, in the amount of $79.99/acre Option A, $79.99/acre Option C, $249.99/acre Option D, and to Professional Lawn Care LLC, of Waterloo, Iowa in the amount of $82.50/acre Option B, approving the contracts, bonds, and certificates of insurance, in conjunction with the 2024- 2026 Right -of -Way Mowing Contract, and authorizing the Mayor and City Clerk to execute said documents. 7. Resolution approving award of bid to Mike Fereday Heating & Air Conditioning of Waterloo, Iowa, in the amount of $26,753.00, approving the contract, bonds, and certificate of Page 3 of 545 insurance, in conjunction with the Hangar No. 4 HVAC Replacement, IDOT FY-23 CSVI Project, and authorizing the Mayor and City Clerk to execute said documents. 8. Resolution approving the submission of a public service grant application from Walmart, Inc., in the amount of $5,000.00, for community outreach and education events, and authorizing the Fire Chief to execute said document. 9. Resolution approving the Economic Development Assistance Contract between the Iowa Economic Development Authority, Dignity Apparel, LLC, and the City of Waterloo for the High -Quality Jobs Application with the Iowa Economic Development Authority, for the addition of up to fifty-five jobs associated with their new business located at 2975 Airline Circle, and authorizing the Mayor to execute said document. 10. Motion to approve Final Quantity Summary with D & N Fence Co., Inc., of Cedar Rapids, Iowa, for a net decrease of $1,588.75, in conjunction with the FY 2024 Trolley Car Trail Chain Link Fence Replacement Project, Contract No. 1093, and authorizing the Mayor to execute said document. 11. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by D & N Fence Co., Inc., of Cedar Rapids, Iowa, in the amount of $105,811.25, in conjunction with the FY 2024 Trolley Car Trial Chain Link Fence Replacement Project, Contract No. 1093, and receive and file a two-year maintenance bond. 12. Motion to approve an Exception to Burning Yard Waste Application by Waterloo Leisure Services, to burn approximately 4 acres of native vegetation on property located west of the Greenbelt Lake parking area between March 25, 2024, and May 31, 2024, beginning at 10:00 a.m., weather permitting. 13. Complete Streets Advisory Committee minutes of November 26, 2023, and January 30, 2024. 14. Motion to receive and file Airport Board minutes of January 24, 2024. 15. Board of Adjustment Regular Meeting minutes of January 23, 2024, and February 13, 2024. 16. Motion to receive and file Community Development Board minutes of February 20, 2024. 17. Historic Preservation Commission minutes of December 19, 2023, and January 16, 2024. 18. Casey Gardner, Board/Commission: General Contractor Board, Expiration Date: February 16, 2027, Renewal. 19. Liquor Licenses a. Daq King, 632Sycamore St., Class C Alcohol w/Sunday Sales (New) Exp: 11/12/2024. b. Doughy Joey's Peetza Joynt, 300 W. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 2/7/2025. c. Spectra Venue Management (Convention Center), 200 W. 4th St., Class C Alcohol w/Outdoor Service, Catering and Sunday Sales (Renewal) Exp: 1/31/2025. Page 4 of 545 d. Ali's Corner, 1117 E. 4th St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 3/31/2025. e. Amalgamated Local 838 UAW, 2615 Washington St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 2/28/2025. f. Cadillac XBC, 650 La Porte Rd., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 3/27/2025. g. Grout Museum, 503 South St., Special Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 2/23/2025. h. Hampton Inn, 2034 La Porte Rd., Special Class C Alcohol w/Sunday Sales (Renewal) Exp: 1/31/2025. i. Jameson's Public House, 310 E. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 3/31/2025. j. New Star Fletcher, 315 Fletcher Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 1/29/2025. k. Snowden House, 306 Washington St., Special Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 12/14/2024. I. Uni Mart, 1615 Bishop Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 2/28/2025. m. El Patron, 30 E. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 2/28/2025. n. The Snack Shack, 4335 Texas St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 11/4/2024. o. The Spot #3, 117 E. San Marnan Dr., Class E Alcohol w/Sunday Sales (New) Exp: 2/28/2024. 20. Bonds. PUBLIC HEARINGS 1. Sale and Conveyance of city owned property located north of 216 Sunnyside Avenue to Iowa Heartland Habitat for Humanity in the amount of $1.00, with a Development Agreement and a Grant of $5,000.00 for infill housing development. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city -owned property located north of 216 Sunnyside Avenue, in the amount of $1.00 to Iowa Heartland Habitat for Humanity, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for the construction of a single-family home, with a $5,000.00 infill housing grant, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 2. Sale and conveyance of city -owned property located at 215 Locust Street, in the amount of $5,000.00, to Marcelino Balion Perez, including a Development Agreement and Real Estate Contract. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Page 5 of 545 Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city -owned property located at 215 Locust Street, in the amount of $5,000.00, to Marcelino Balion Perez, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement and Real Estate Contract with Marcelino Balion Perez for the rehabilitation of 215 Locust Street, including a refund of the $5,000.00 purchase price and a $5,000.00 infill housing grant upon completion of the project, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 3. FY 2024 Broadway Street Reconstruction Project, Contract No. 1095. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution approving award of bid to Cedar Valley Corporation, of Waterloo, Iowa, in the amount of $4,576.538.79, approving the contract, bond and certificate of insurance, in conjunction with the FY 2024 Broadway Street Reconstruction Project, Contract No. 1095, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 4. FY 2024 Kingsley Avenue Reconstruction Project, Contract No. 1100. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution approving award of bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $631,152.55, approving the contract, bond and certificate of insurance, in conjunction with the FY 2024 Kingsley Avenue Reconstruction Project, Contract No. 1100, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 5. FY 2024 Asphalt Overlay Program, Contract No. 1099. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read the bids and refer to the City Engineer for review. Submitted by: Jamie Knutson, City Engineer Page 6 of 545 RESOLUTIONS 1. Resolution approving a Professional Services Agreement with AECOM, of Waterloo, Iowa, in the amount of $122,000.00, in conjunction with the FY 2024 Sergeant Road Trail Repairs Project, Contract No. 1091, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 2. Resolution approving a Development Agreement with Net Worth Investment, LLC, for the construction of a ten unit residential building on an infill lot located east of 2557 West 3rd Street, including a $50,000.00 infill incentive upon substantial completion, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 3. Resolution approving a request by the City of Waterloo for the Final Plat of North Crossing 4th Addition, a 14-lot commercial subdivision located between Logan Avenue (US Highway 63) and East 4th Street, south of Ralston Road. Submitted by: Noel Anderson, Community Planning and Development Director 4. Resolution approving the Termination of a Development and Minimum Assessment Agreement with GMJ2 Industries, LLC, for property located south of 2330 GT Drive, originally approved by Council on May 26, 2015, for failure to complete the project per the timeline provided for in the Development Agreement, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 5. Resolution approving a Subordination Agreement with Grand Investments, LLC for the benefit of Arbor Commercial Funding I, LLC, to refinance an existing mortgage dated May 15, 2015, filed June 3, 2015, under recorded document number 2015-19747, and replace the current subordination agreement file October 9, 2015, under recorded document number 2016-6852, for projects located at 21 and 45 West Jefferson Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 6. Resolution approving an Amendment to the Development and Minimum Assessment Agreement with Superior Properties, LLC, executed on June 20, 2022, in conjunction with the development of property located at the southwest corner of Airline Highway and Geraldine Road, to extend the completion timeline to April 30, 2024, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 7. Resolution authorizing the issuance of General Obligation Capital Loan Notes, Series 2024D, and levying a tax for the payment thereof. Submitted by: Bridgett Wood, Finance Director 8. Resolution approving an agreement for a State and Community Highway Safety Grant, PAP Page 7 of 545 402-PS-2024, Task 04-00-53, in the amount of $29,200.00, for Waterloo Bicycle Education and Enforcement, and authorizing the Mayor to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 9. Resolution approving an agreement with MidAmerican Energy, in the amount of $4,182.54 for the purchase and installation of a streetlight to be located at 205 Southbrooke Drive, and authorizing the Mayor to execute said document. Submitted by: Randy Bennett, Public Works Division Manager ORDINANCES 1. An ordinance amending the City of Waterloo Traffic Code by adding Subsection (75a) Coral Drive, to Section 551, Parking prohibited at all times on certain streets. (75a) Coral Drive - East side between Bismark Avenue and Harwood Avenue. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Traffic Code by adding Subsection (75a) Coral Drive, along the east side of Coral Drive between Bismark Avenue and Harwood Avenue, to Section 551 Parking prohibited at all times on certain streets. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Randy Bennett, Public Works Division Manager 2. An ordinance amending the City of Waterloo Traffic Code by adding Subsection (23a) Axlewood Drive, to Section 551, Parking prohibited at all times on certain streets, East side of Axlewood Drive to Magnolia Parkway. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Traffic Code by adding Subsection (23a) Axelwood Drive, No Parking on the East side of Axlewood Drive to Magnolia Parkway, to Section 551, Parking prohibited at all times on certain streets. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Randy Bennett, Public Works Division Manager OTHER COUNCIL BUSINESS 1. Hearing and Order Assessing Civil Penalty to Dollar General, 428 E. 1st Street, Waterloo, Iowa 50703, for sale of tobacco to minor violation -first offense. Submitted by: Marty Petersen, City Attorney ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 8 of 545 Page 9 of 545 March 4, 2024 The City Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 PM, on Monday, March 4, 2024. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr. Chiles, Mr. Simon Ms. Wilder and Mr. Feuss. Mr. Chiles and Ms. Wilder joined via Zoom. Prayer or Moment of Silence. Pledge of Allegiance - Rob Nichols, At -Large Council Member Approval of Agenda as proposed or amended. Feuss/Creighton-Smith that the agenda, as proposed, be approved. Voice vote -Ayes: Seven. Motion carried. Approval of Minutes of February 19, 2024 Regular Session and February 20, 2024, Special Session, as presented. Feuss/Creighton-Smith that the minutes of the February 19, 2024, Regular Session and the February 20, 2024, Special Session, as proposed, be approved. Voice vote -Ayes: Seven. Motion carried. Mayor Hart read a proclamation calling for a cease-fire in the Israeli -Gaza conflict. PUBLIC COMMENTS The following individuals commented on various subjects. Charlie Grove, 1426 Shamrock Dr., Larry Stumme, 1008 Lois Ln., Forest Dillavou, 1725 Huntington Rd., Michael Blackwell, 5125 Millenium Drive, Cedar Falls, Beverly Cosby, 315 Wendell Ct., Nassar Hasir, Denver St. Mr. Boesen encouraged department heads to put more information in the council communications so that the council and the public have a better understanding of what the agenda item is about. He further asked departments to take a deep dive into our city website and review what is listed in their departments, as he has found errors. Feuss/Nichols to close public comments. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Feuss/Nichols that the following items on the consent agenda be received and placed on file, including Page 1 of 11 Page 10 of 545 payment of bills for February 26, 2024, in the amount of $4,192,258.34, and March 4, 2024, in the amount of $821,872.11. Roll Call vote -Ayes: Seven. Motion carried. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-107. Resolution setting date of public hearing as March 18, 2024, for the sale and conveyance of city -owned property located north of 216 Sunnyside Avenue, in the amount of $1.00, to Iowa Heartland Habitat for Humanity, including approval of a Development Agreement for the construction of a single-family home and a grant of $5,000.00 for infill housing development, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-108. Resolution setting date of public hearing as March 18, 2024, for the sale and conveyance of city -owned property located at 215 Locust Street, in the amount of $5,000.00, to Marcelino Balion Perez, including a Development Agreement and Real Estate Contract, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-109. Resolution setting date of the proposed levy public hearing as April 1, 2024, at 4:30 p.m. to approve the proposed levy rates as required by the state, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-110. Resolution approving award of bid to KW Electric, Inc., of Cedar Falls, Iowa, in the amount of $46,074.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Airport CARES Maintenance Grant, FAA AIP Project No. 3-19-0094-048, Miscellaneous Lighting Replacement Project, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-111. Motion to approve Final Quantity Summary, with K & W Electric, Inc., of Cedar Falls, Iowa, for a net increase of $307.90, in conjunction with the FY 2022 4th Street Bridge and Dam Lighting Project, Contract No. 1054, and authorizing the Mayor and City Clerk to execute said document. Feuss/Nichols Voice vote -Ayes: Seven. Motion carried. Mayor Hart requested an update of the project. Jamie Knutson, City Engineer, commented that everything that was bid for had been Page 2 of 11 Page 11 of 545 completed. He explained that there was some additional programming that public works had requested. Randy Bennett, Public Works Division Manager, explained the program integration that was requested. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by K & W Electric, Inc., of Cedar Falls, Iowa, in the amount of $696,730.20, in conjunction with the FY 2022 4th Street Bridge and Dam Lighting Project, Contract No. 1054, and receive and file a two-year maintenance bond. Feuss/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-115. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - First Offense, with National Cigar Store, 617 Sycamore Street, Waterloo, Iowa 50703, and acceptance of a civil penalty in the amount of $300.00, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-112. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - First Offense with Greenleaf Tobacco & E-Cigs, 1608 University Avenue, Suite B, Waterloo, Iowa 50701, and acceptance of a civil penalty in the amount of $300.00, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-113. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - First Offense with Metro Mart #4, 2322 Falls Avenue, Waterloo, Iowa 50701,and acceptance of a civil penalty in the amount of $300.00, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-114. Communication from the Street Department on the notice of the conclusion of employment of Gary Troutwine, Equipment Operator I, effective February 26, 2024, with recommendation of approval of payout of $1,052.64 for unused benefits. Motion approving the appointment of Allen Guthart from the current Civil Service List to the position of Animal Control Officer in the Animal Control Department, effective March 5, 2024, pending pre -employment physical and drug testing. Motion approving the appointment of Brian Wirtz from the current Civil Service List to the position of Chief Building Inspector in the Building Department, effective March 5, 2024. Page 3 of 11 Page 12 of 545 Robert Welch, Board/Commission: Leisure Service Commission, Expiration Date: March 4, 2027 (New) Motion to receive and file Leisure Services Commission Board minutes of November 14, 2023. Motion to receive and file Leisure Services Commission Board minutes of January 9, 2024. Motion to receive and file Airport Board minutes of December 19, 2023. Liquor Licenses a. King Star, 2035 E. Mitchell Ave., Class B Alcohol w/Sunday Sales (Renewal) Exp: 1/19/2025. b. Fairfield Inn & Suites, 2134 La Porte Rd., Class B Alcohol w/Sunday Sales (Renewal) Exp: 2/12/2025. c. Sams Club #6514, 210 E. Tower Park Dr., Class E Alcohol w/Sunday Sales (Renewal) Exp: 2/28/2025. d. El Senor Tequila Nightclub, 118 E. 11th St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 2/18/2025. e. The Comfort Zone, 213 E. 5th St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 1/17/2025. f. Ari'z Restaurant & More, 205 W. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 1/23/2025. PUBLIC HEARINGS FY 2024 CIP Pipelining Phase IVB1, Contract No. 1102. Feuss/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Feuss/Nichols to close the hearing. Voice vote -Ayes: Seven. Motion carried. Page 4 of 11 Page 13 of 545 Feuss/Nichols Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-116. Feuss/Nichols to receive, file, and instruct the City Clerk to read the bids. Voice vote -Ayes: Seven. Motion carried. Engineer's Estimate: Base Bid: $421,315.84 / Alt 1: $96,707.07 / Total Bid Estimate: $518,022.91 Insituform Technologies, US, LLC, Chesterfield, MO - 5% Security - Base Bid: $662,334.60 / Alt 1: $182,569.30 Municipal Pipe Tool, Co., LLC Hudson, IA - 5% Security - Base Bid: $416,121.20 / Alt 1: $117,607.00 Feuss/Nichols Resolution approving award of bid to Municipal Pipe Tool Co., LLC of Hudson, Iowa, in the amount of $416,121.20, reserving the right to authorize part or all the work described in Alternate No. 1 for $117,607.00, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2024 CIP Pipelining Phase IVB1, Contract No. 1102, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-117. 2024-2026 Right -of -Way Mowing Contract. Nichols/Feuss to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Nichols/Feuss to close the hearing. Voice vote -Ayes: Seven. Motion carried. Nichols/Feuss Resolution approving plans, specifications, form of contract etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-118. Nichols/Feuss to receive and file and instruct the City Clerk to read bids and refer to Leisure Services Director for review. Voice vote -Ayes: Seven. Motion carried. Professional Lawn Care, Waterloo, IA - 5% Security - Opt A: $86.75 per acre / Opt B: $82.50 per acre / Opt C: $89.75 per acre / Opt D: $376.50 per acre / Opt E: $774.80 per mowing. Adams Outdoor Contracting, Inc. - 5% Security - Opt A: $79.99 per acre / Opt B: $97.99 per acre / Opt C: $79.99 per acre / Opt D: $249.99 per acre / Opt E: $799.99 per mowing. Page 5 of 11 Page 14 of 545 General Obligation Bonds - ECP-1 - The issuance of not to exceed $4,200,000.00 General Obligation Bonds for essential corporate purposes. Feuss/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned the status of bonding from the last fiscal year and a description of each of the four bonds. Bridgett Wood, Finance Director, provided an overview of the amount of bonds paid off last fiscal year and this fiscal year. She further explained the difference between general corporate purpose and essential corporate purpose. Feuss/Nichols to close the hearing and receive and file oral comments. Voice vote -Ayes: Seven. Motion carried. Feuss/Nichols Resolution instituting proceedings to take additional action for the issuance of not to exceed $4,200,000.00 General Obligation Bonds. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-119. Mr. Boesen questioned if bonds for Waterloo Fiber will also be paid using user fees. Bridgett Wood explained that the city will pay for the bonds initially but when the utility generates revenue it will pay the city back. General Obligation Bonds - GCP-2 The issuance of not to exceed $700,000.00 in General Obligation Bonds for general corporate purposes. Feuss/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Nichols to close the hearing. Voice vote -Ayes: Seven. Motion carried. Page 6 of 11 Page 15 of 545 Feuss/Nichols Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000.00 General Obligation Bonds. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-120. General Obligation Bonds - GCP-3 The issuance of not to exceed $700,000.00 in General Obligation Bonds for general corporate purposes. Feuss/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Nichols to close the hearing. Voice vote -Ayes: Seven. Motion carried. Feuss/Nichols Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000.00 General Obligation Bonds. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-121. General Obligation Bonds - GCP-4 - The Issuance of not to exceed $700,000.00 General Obligation Bonds for essential Feuss/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Feuss/Nichols to close the hearing. Voice vote -Ayes: Seven. Motion carried. Veuss/Nichols Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000.00 General Obligation Bonds. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-122. RESOLUTIONS Resolution authorizing the issuance of General Obligation Bonds, Series 2024, and levying a tax for the payment thereof. Nichols/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-123. Page 7 of 11 Page 16 of 545 Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $7,948,000.00 Sewer Revenue Capital Loan Notes, Series 2024A, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes; Approval of the Tax Exemption Certificate. Nichols/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-124. Resolution approving Amendment No. 1 to the Professional Services Agreement with HR Green, Inc., originally executed on March 1, 2021, in the increased amount of $20,000.00, in conjunction with the 2021 EPA Brownfields Hazardous Substances and Petroleum Assessment Grant. Nichols/Creighton-Smith Mr. Boesen requested an explanation of what the extra $20,000.00 is to cover. Noel Anderson, Community Planning and Development Director, explained that the additional $20,000 is for the hard court site. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-125. Resolution approving a Temporary Construction Easement Agreement with Green Door Properties, LLC, located at 1420 West Donald Street, in the amount of $641.27, and an additional $1,000.00 for the removal of trees, for a total compensation amount of $1,641.27, in conjunction with the Titus Lift Station and Force Main Project, and authorizing Mayor and City Clerk to execute said document. Boesen/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-126. Resolution approving an amendment to the Development and Minimum Assessment Agreement with Camenzind Masonry, LLC, originally executed on August 15, 2022, in conjunction with a project located at 115 Warp Drive, to extend the completion date to October 31, 2024, and extending their Minimum Assessment date to December 31, 2034, and authorizing the Mayor and City Clerk to execute said document. Boesen/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-127. Resolution approving the Real Estate Purchase Agreement with Dhani Re Investments, LLC, for property located at 310 Upland Drive, in the amount of $400,000.00 plus up to $2,000.00 in closing costs, and authorizing the Mayor and City Clerk to execute said document. Boesen/Nichols Page 8 of 11 Page 17 of 545 The following individuals commented on this resolution: Forest Dillavou, 1725 Huntington Road and David Dryer, 3145 W. 4th Street. Noel Anderson, Community Planning and Development Director, concurs with the comments regarding the condition of the building. He shared background information on the property, the developer and how the price was negotiated. Mr. Boesen questioned if a hazard assessment had been completed. Noel Anderson explained it has not been assessed at this time. Mr. Boesen questioned why we would enter into an agreement before we know what our overall expenses will be for asbestos abatement. Noel Anderson explained that it is pretty standard practice and that the agreement allows for us to back out based on that type of environmental finding. Mr. Boesen requested a ballpark estimate to tear down the building and get it ready for development. Noel Anderson commented that would depend on the amount of asbestos found and provided a guesstimated amount of $120,000 to $160,000. Mr. Boesen commented on his apprehensions on this sale. Mr. Simon requested an explanation of general funding and TIF funding. Noel Anderson provided an explanation. Mr. Chiles commented that this property was brought up to him by citizens in that neighborhood. He stated that with this being in a TIF district, it makes the acquisition more reasonable, and he would be in favor of releasing this area after it was demolitioned with the intention of it going into residential. Neighbors have told him that even with the high cost they still want to see it gone. He asked for confirmation that we have the dollars available in the TIF and other costs that may occur. Noel Anderson confirmed funds are available through TIFs and bonds and reviewed the process of releasing the site as residential. Ms. Creighton -Smith questioned if was a possibility for the city to tear the building down and then ask the owner to build on it. Noel Anderson shared that the current owner has no interest in new construction. Mr. Boesen questioned the comment that the owner has no interest in new construction and asked if the owner had been approached at selling the lots for someone else to develop. He further questioned if the developer Noel Anderson explained that he stated he was not interested in one and two-family homes, his interest is in redevelopment of existing buildings for multi -family dwellings. Page 9 of 11 Page 18 of 545 Roll Call vote -Ayes: Five. Nays: Two (Boesen and Wilder). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-128. Resolution approving an amendment and extension to the Community Garden Agreement with the University of Northern Iowa Center for Energy and Environmental Education, to utilize an expanded designated portion of Highland Park as a community garden for growing vegetables, and authorizing the Mayor to execute said document. Nichols/Feuss Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-129. Resolution approving a Professional Services Agreement with Trane Technologies, in the amount not to exceed $100,000.00, for the replacement and installation of CO and CO/NO2 sensors and the interlocks with associated exhaust fans for the Public Works Building, and authorizing the Mayor to execute said document. Nichols/Feuss Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-130. Resolution approving a Federal -aid Agreement, Project No. HDP-8155(783)--71-07, with the Iowa Department of Transportation, in the amount of $2,711,900.00, in conjunction with the La Porte Road Improvements Project, and authorizing the Mayor and City Clerk to execute said document. Nichols/Feuss Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-131. Resolution approving a Federal -aid Agreement, Project No. HDP-8155-(786)--71-07, with the Iowa Department of Transportation, in the amount of $2,830,500.00, in conjunction with the La Porte Road Improvements Project, and authorizing the Mayor and City Clerk to execute said document. Feuss/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-032. Resolution approving a Federal -aid Agreement, Project No. HDP-8155(775)--71-07, with the Iowa Department of Transportation, in the amount of $4,386,427.00, in conjunction with the La Porte Road Improvements Project, and authorizing the Mayor and City Clerk to execute said document. Feuss/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-033. Resolution approving a Professional Services Contract with Employee & Family Resources of Des Moines, Iowa, in the amount of $15,552.00, to continue to provide an Employee Assistance Program, and authorizing the Mayor to execute said document. Page 10 of 11 Page 19 of 545 Feuss/Nichols The following individuals commented on this item: David Dryer, 3145 W. 4th Street. Mayor Hart explained the program. Mr. Boesen questioned if this was a renewal contract or a new contract. Missy Gearhart, Assistant Human Resources Director, explained that this is that the contract offers more services for the same price. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon assigned No. 2024-034. a new provider and approval by Mayor Resolution approving an Amendment to the Development and Minimum Assessment Agreement with Airline Storage, LLC, originally approved June 20, 2022, to extend the date to complete Phase I to December 31, 2024, Phase II completion to December 31, 2025, and exercising the option for Phase II property on or before September 30, 2024, for property located at 3318 West Airline Highway, and authorizing the Mayor and City Clerk to execute said document. Feuss/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-035. ADJOURNMENT Feuss/Boesen that the council adjourn at 6:47p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 11 of 11 Page 20 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 18, 2024, and date of public hearing as May 6, 2024, in conjunction with the Street Department Seal Coat Program, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Request approval of preliminary plans, specifications and form of contract in conjunction with Seal Coat Program bid letting. SUMMARY STATEMENT AND BACKGROUND INFORMATION Annual bid letting for seal coating of city roadways. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 21 of 545 1. Specs and Bid Proposal for Asphalt Emulsions 2024 Page 22 of 545 CITY OF SPECIFICATIONS AND BID PROPOSAL FOR ASPHALT EMULSIONS CITY OF WATERLOO, IOWA PREAMBLE: The undersigned being a corporation existing under the laws of the State of Iowa; a partnership consisting of the following partners: , or an individual doing business as , being familiar with the specifications affecting the cost of this commodity, hereby offers to furnish said commodity in accordance with the conditions and specifications provided herein. SUBMISSION OF BIDS AND BID OPENING: Sealed bid proposals will be received by the City of Waterloo Clerk's Office; 715 Mulberry Street; Waterloo, Iowa 50703, until 12:00 pm, on April 18th, 2024. Any bid submitted after the specified time shall be rejected. Bids will be publicly opened and read aloud at 1:00 pm on April 18th, 2024 in the City of Waterloo Council Chambers. Bid openings may also be viewed via YouTube live stream. SPECIFICATIONS: The City of Waterloo is seeking competitive price quotes on emulsified asphalt to be used in our seal coat program. This program consists of oiling seal coated roads with emulsified asphalt and spreading chips. A follow up of fog sealing and occasional reclaiming is also necessary. The bidder guarantees to provide product complying with the specifications set forth under the conditions outlined in section 4140 of the Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2012; AASHTO T-96, as related. A. Product Estimated Quantities 1. HFMS-2S (for reclaiming) 15,000 Gallons 2. CRS-2P (for seal coating) 70,000 Gallons 3. CSS-1 Dilute/4:1 (for fog sealing) 38,000 Gallons B. Measurement The net quantity in gallons will be determined from the delivery tickets supplied with each individual truck load. Each load shall be delivered with a producer's scale ticket showing gross, tare, and net weights converted to net gallons. The Contracting Authority reserves the right to re -weigh any or all trucks at the expense of the contracting authority to verify amounts. Net weights within 0.5% shall remain unadjusted. If the net weight varies more than 0.5%, the destination weight will be used. C. Delivery The quoted price shall include delivery to the Street Department storage facility located at 2300 Commercial Street in Waterloo, Iowa. The City reserves the right to off-load directly from The Contracting Authority's supplied tanker trailer to be left on site for the duration of the City's seal coat program. Page 23 of 545 Delivery shall be made by standard semi -tractor tanker load. Deliveries will normally be requested between 7:OOAM and 3:OOPM, Monday through Friday. Delivery of emulsion upon receipt of a call for a delivery shall be made no later than 8:OOAM the following business day unless delivery requested on a Friday, in which case shall be delivered the following Monday no later than 8:OOAM. D. Calls for Delivery Calls for delivery shall be made by the City of Waterloo Street Department during normal business hours, Monday through Friday. Calls will be made to the location supplied by the bidder. Notice of any changes in the call number or location must be made in writing prior to the effective time of the change. E. Payment Payment will be made within thirty (30) days of the receipt of a proper invoice for the material delivered. Invoices should be directed to: City of Waterloo Public Works; 625 Glenwood Street; Waterloo, Iowa 50703. FAX: (319) 232-0264. Matt.boquist@waterloo-ia.org (Street Department Director). BID PRICES: The Bidder proposes to meet or exceed the above specifications for the following price: Product Bid Quantity Unit Price TOTAL HFMS-25 15,000 Gallons $ $ CRS-2P 70,000 Gallons $ $ CSS-1 Dilute/ 4:1 38,000 Gallons $ $ CANCELLATION: The successful bidder understands that the Contracting Authority may Cancel this Agreement, with thirty (30) days notice, if he has knowledge that all conditions as stated in this Bid Proposal have not been fulfilled. The Bidder, having fully read this document, hereby acknowledges that this Bid Proposal completely reflects the total bid as contained herein. Name of Company Address By: (Signature) Telephone Title Email Address Date Page 24 of 545 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, bid documents, form of contract, etc., setting the date of bid opening as April 4, 2024, and date of public hearing as April 15, 2024, in conjunction with the 2024-2026 Wastewater Treatment Plant and Lagoon Mowing /Spraying Project, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approve resolution for FY24 mowing contract. SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution approving preliminary plans, specifications, Bid documents, and form of contract, etc., setting the date of bid opening as Thursday, April 4,2024, at 1:00pm. and date of public hearing as Monday, April 15, 2024, in conjunction with the 2024-2026 WWTP & Lagoon Mowing /Spraying, and direct City Clerk to publish said notice. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Sewer Funds ALTERNATIVE ACTION LEGAL DESCRIPTION Page 25 of 545 ATTACHMENTS 1. 2024 Mowing Contract Page 26 of 545 CITY OF WATERLOO Waste Management Services Department 2024-2026 WWTP & Lagoon Mowing/Spraying Waste Management Services Department is seeking bids for 2024-2026 WWTP & Lagoon Mowing/Spraying. BID REQUEST Sealed bids are due 1:OOpm, Thursday, April 4, 2024, to the City Clerk at her office at City Hall, 715 Mulberry Street, Waterloo, IA 50703. Bids must be submitted on the Waste Management Services Bid Form. Bids will be opened in the City Council Chambers in City Hall, Waterloo, Iowa on Thursday, April 4, 2024, at 1:OOpm. Public hearing on the project will be conducted Monday April 15, 2024 at the regularly scheduled 5:30pm City Council Meeting in the second floor Council Chambers. The City of Waterloo reserves the right to reject any and/or all bids. When submitting bid, please note on the lower, left-hand corner of envelope: Waste Management Services Department 2024-2026 WWTP & Lagoon Mowing/Spraying All work to meet City of Waterloo codes. Questions, please contact Brad Manahl, Assistant Director, at Waste Management Services Department, 291-4553, Monday through Friday 7:00 a.m. to 4:00 p.m. Page 27 of 545 CITY OF WATERLOO, IOWA Waste Management Services Department NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2024-2026 WWTP & Lagoon Mowing/Spraying RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, on Thursday, April 4, 2024, until 1:00pm., for the 2024.2026 WWTP & Lagoon Mowing/Spraying as described in the plans and specifications now on file in the City Clerk's office and Waste Management Services Department office. OPENING OF BIDS Ali proposals received for the 2024-2026 WWTP & Lagoon Mowing will be opened in City Council Chambers, second floor at City Hall, Waterloo, Iowa, on April 4, 2024, at 1:00 p.m., and the proposals will be referred to the Waste Management Services Department for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2024-2026 WWTP & Lagoon Mowing/Spraying at 5:30 p.m. on Monday, April 15, 2024. The contract documents are on file in the City Clerk's office, 715 Mulberry St. and Waste Management Services office, 3505 Easton Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary to mow the WWTP & Lagoon Mowing/Spraying in accordance with these plans and specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be the 2024-2026 growing season (approximately April 15th to October 15th each year). Page 28 of 545 PROPOSALS SUBMITTED All bids must be submitted on forms supplied by Waste Management Services Department. The bidder shall bid on a per unit price (WITH EACH "Option" treated as a separate unit) as shown on the Bid Form. Each unit should be bid as a stand-alone item and not merely as a component of a total bid package that includes all options together. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Three Thousand Dollars ($3,000.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD Waste Management Services has divided the mowing contract into three (3) areas as indicated on the Bid Form. Each is severable from the others and may be the subject of a separate contract. The City shall award one or more Contracts to the responsible Bidder(s) whose bid, conforming to the Specifications and without regard to whether the bid is made on a per -Option or a total basis, is most advantageous to the City and Waste Management Services Department, price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waste Management Services Department such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of acres mowed the previous period. A detailed bill of completed work must be received by the Waste Management Services Department before payment can be made. Actual number of acres mowed must agree with numbers recorded by Waste Management Services Department. Page 29 of 545 Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the day of , 2024 City of Waterloo, Iowa, Kelley Felchle, City Clerk Page 30 of 545 CITY OF WATERLOO, IOWA Waste Management Services Department INSTRUCTION TO BIDDERS I. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by Waste Management Services Department. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. Page 31 of 545 V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MI3E/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S OUALIFICATIONS Each Bidder shall, upon request of Waste Management Services Department, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. Waste Management Services Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish Waste Management Services Department all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy Waste Management Services Department that the Bidder is qualified to carry out properly the terms of the Contract. Page 32 of 545 IX. CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall can-y or require that there be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. C. The failure of the successful bidder to execute such agreement and to supply the required insurance within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re -advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the City or Waste Management Services Department for a refund. X. SEVERABILITY Either party may choose to terminate this contract or agreement by providing written notice during the month of January. Page 33 of 545 CITY OF WATERLOO, IOWA Waste Management Services Department GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain City of Waterloo Right Of Ways and/or properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to Waste Management Services Department/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waste Management Services Department/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. Page 34 of 545 Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waste Management Services Department. The Contractor shall avoid damage to existing trees, shrubs, turf, sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and mowing equipment. This protection shall be formed by creating a one foot clear zone radius around all trees and shrubs. This clear zone may be created by chemical application of properly applied non -selective herbicide or by use of string trimmers. Herbicide application is permissible only after providing a copy of the applicators current State of Iowa Commercial Pesticide Applicators License and a copy of the chemical label proposed to be used to Waste Management Services Department Staff. If using a string trimmer care shall be taken not to damage trees with this tool. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Page 35 of 545 Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury(including wrongful death) Aggregate, Products and Completed Operations Property Damage Comp. Auto Bodily Injury Property Damage $5,000,000.00 per person $5,000,000.00 $5,000,000.00 per accident $5,000,000.00 per person $5,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of $5,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. Page 36 of 545 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT SPECIFICATIONS for 2024-2026 WWTP & Lagoon Mowing/Spraying THREE YEAR CONTRACT The specifications listed below and the details of these bid documents shall be in place for three mowing seasons. The bidder shall honor their price for each bid item for the 2024, 2025, and 2026 mowing seasons. SCOPE OF WORK The Contractor shall provide all labor and material necessary to mow and weed control spraying from designated areas in accordance with these specifications. References in these specifications to Waste Management Services shall include the City of Waterloo. OPTION A: WASTEWATER TREATMENT PLANT (WWTP) The following WWTP area/area's to be mowed. The acreages listed are approximate only and shall be verified by bidder. The Wastewater Treatment Plant at 3505 Easton Ave., Waterloo, IA shall be mowed three times monthly or every ten (10) days from approximately April 16, 2024 to October 11, 2024 for a maximum of 16 mowing's. Approximately 45 acres shall be mowed not including buildings, tanks, roads, parking and structures. To be trimmed one (1) foot on each side of fence line to match the height and appearance of surrounding vegetation. Mow area/area's marked in Wastewater Treatment Plant Mowing Contract Drawing and on both sides of road on Easton Ave., mow at least three (3) feet on the outside of fenced area/area's where possible. There will also include two (2) weed control spraying around buildings, tanks, fencing, gravel area/area's, digester flare gravel area, electrical transformers and structures to help weed trimming and for control of weeds. The actual number of mowing's will be based on growing conditions and budget constraints determined by Waterloo Waste Management Services Department. OPTION S: LAGOON The following Lagoon area to be mowed. The acreages listed are approximate only and shall be verified by bidder. The Lagoon at 2749 Independence Ave., Waterloo, Ia shall be mowed on a bi-weekly basis from approximately April 16, 2024 to October 11, 2024 for a maximum of 12 mowing's. To be trimmed one (1) foot on each side of fence line to match the height and appearance of surrounding vegetation. Mow area/area's marked in Lift Station Mowing Contract Drawing or Photo's and mow at least three (3) feet on the outside of a fenced area. There will also include one (1) weed control spraying around buildings, tanks, fencing, gravel area's and structures to help weed trimming and for control of weeds. The actual number of mowing's will be based on growing conditions and budget constraints determined by Waterloo Waste Management Services Department. OPTION C: DIKE MOWINGS The following WWTP and Lagoon area which consist of only the Dike Sloped areas. The acreages listed are approximate only and shall be verified by bidder. The following area shall be mowed approximately May 13, 2024 to October 11, 2024 for a maximum of 4 mowing's. The actual number of mowing's will be based on growing conditions and budget constraints determined by Waterloo Waste Management Services Department. Page 37 of 545 EQ DIKE AREA 3505 Easton Ave., Waterloo, IA Approx. 1.5 Acre LAGOON SLOPE DIKE 2749 Independence Ave Approx. 2 Acre SITE CLEAN-UP Prior to each mowing the Contractor shall remove all trash and debris including paper, tree branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to Waste Management Services Department. SCHEDULING OF WORK Areas to be mowed shall be divided into categories for type and frequency of mowing. The listed schedules are for bid purposes only. Waste Management Services Department may add or delete mowing of areas based on growing conditions and budget considerations. GRASS CUTTING Grass shall be cut to an even height of four inches (3 1/2"). Grass cutting shall be accomplished in a manner so as not to result in scalping, bunching, rutting, uneven or rough cutting. All scalping, bunching, rutting or uneven cutting shall be promptly remedied by the Contractor to the satisfaction of the Waste Management Services Department with no additional cost to the Waterloo Waste Management Services Department. Grass clippings shall not be blown onto road surfaces in accordance with applicable laws and City ordinances. In areas such as narrow medians clippings shall be bagged or mulched straight down. Ultimately clippings may not land and stay on any road surfaces. TRIMMING Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences, and other objects to match the height and appearance of the surrounding vegetation. Vegetation growing over curbs and into roadways and sidewalk edges shall be trimmed. This shall include trimming around any additional plant materials that may be installed as new landscaping. Use of herbicides to reduce trimming requirements will be allowed with prior authorization from the Waste Management Services Department and applied by qualified state approved person with commercial applicator license. Copy of applicators current license must be provided to the Waste Management Services Department before any such application be completed. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences, benches, utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to Waste Management Services Department. All work shall be done in a manner so as not to result in damage to trees or shrubs. At no time shall any mowing or trimming equipment come in contact with any tree or shrub. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the City Forester with no additional cost to Waste Management Services Department. The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of Waste Management Services Department with no additional cost to Waste Management Services Department. Page 38 of 545 The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely manner. Types of equipment required for this contract: Line trimmers Walk -behind mowers Commercial rotary front mowers (60"-72" deck) Bagging/ mulching mowers Utility tractors with heavy-duty mowers Four wheel drive mower Hedge trimmers Equipment listed on the Bid Form will be reviewed by Waste Management Services Department to determine whether it is adequate for this mowing contract. Page 39 of 545 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of County of ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of Bidder that has submitted the attached Bid; , the 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Subscribed/ and. warn, to- before- nee'th claY of , 2024. S apriature. r My epere e Page 40 of 545 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of County of ) ) ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of hereinafter referred to as the "Subcontractor"; 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2024-2026 WWTP 7 LAGOON MOWING/SPRAYING CONTRACT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title S L a)ccra>ed, and, sivoryv to- lire, rne, th 4( clay of , 2024. SClnature, rittei My expCrea' . Page 41 of 545 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program — Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. Page 42 of 545 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date Page 43 of 545 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade I name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT OF BIDDERS QUALIFICATIONS PAGE 1 OF 2 Page 44 of 545 Dated this day of , 20 Name of Bidder State of County of ) ss ) By: Title: , being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of 20 s Notary Public My commission expires , 20 STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 Page 45 of 545 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER". In the penal sum dollar s ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 20 , for NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 20 Witness (Seal) Principal By (Title) (Seal) Surety By Witness Attorney -In -Fact Page 46 of 545 BIDDER: ADDRESS: CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT BID FORM for 2024-2026 WWTP & LAGOON MOWING/SPRAYING COMPANY NAME PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, Waterloo, Iowa, and Waste Management Services Department, 3505 Easton Ave., Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed 2024 WWTP & LAGOON MOWING/SPRAYING, in accordance with the contract documents and for the unit price in place for the following amount: OPTION A: provide all specified mowing & trimming services for three mowing monthly or every ten day mowing & two (2) weed control spraying services per contract: For Wastewater Treatment Plant at 3505 Easton Ave., Waterloo, IA Price Per Occurrence Mowing: dollars ($ ) Price Per Occurrence Weed Control Spraying: dollars ($ ) OPTION B: provide all specified mowing & trimming services for bi-weekly mowing & two (2) weed control spraying service per contract: For Lagoon at 2749 Independence Ave., Waterloo, IA Price Per Occurrence Mowing: Price Per Occurrence Weed Control Spraying: dollars ($ ) Page 47 of 545 Price Per Occurrence Weed Control Spraying: dollars ($ ) OPTION C: provide all specified dike/slope mowing for WWTP EQ Basin Dike and Lagoon Dike Four (4) times/year: LS-325 2749 Independence Ave LAGOON DIKE ONLY Wastewater Treatment Plant at 3505 Easton Ave., Waterloo, IA EQ DIKE ONLY Price Per Occurrence Mowing: dollars ($ 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of dollars ($ ) in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 5. Attached is a Non -Collusion Affidavit of Prime Contractor. 6. The Bidder is prepared to submit a financial and experience statement upon request. 7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / / / / / / 9. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre -bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non -collusion Affidavits of ALL Subcontractor(s). Page 48 of 545 The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. I . The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 10. The Bidder shall list all equipment available for this project: 11. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: Name and Title DATE: / / Page 49 of 545 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 2024 WWTP & LAGOON MOWING AND SPRAYING WWTP Mowing Contract Drawings Lift Station Mowing Contract Drawing or Photo's Cover Page Page 50 of 545 or) 00 0 0 cra (D b Page 51 of 545 S co 3 fD fl) = cQ 0 fD -a O eL G) a) ▪ o 0 0 CT O SD 0 2 v) fD 0 0) 0) m 1 G� 0 (f) !iG ro Page 52 of 545 Q or) 0 0 crq Page 53 of 545 0 _ 0 3 i (13 co 0 v� OcD o CD or ;Jg ,,_ f N cc i, 1 L r1 1.1� 0 N rOr cr w `1 SD uiu rF 1 F (° O p 'c o W v .A IN) J N _O J G� 0 0 0 gC b Page 54 of 545 O 3 O 0) 1 fD - 00 O o IN) P. co n..1 -.).' 2 N _J Vt a) 00 et G J 00 A O 1 F±. ON w cr SD 01 Di J VD4k 1" Om t ( a) w a) r-F w © N O W V 01. E O O 7r e-4. 0 0cra CYQ 0 Page 55 of 545 0 0 ao Page 56 of 545 G� 0 0,) 0 or) 0 0 vo, UQ CD 0 Page 57 of 545 tiq va 0 cn C� 0 o 3 o FIT aD I N O E E I -4‘i) G)a)'74: ol O � 13 CD rF iU O 0 0 Page 58 of 545 N O 3 i co (0 fD 00 crq n A, E p C t0 O CU o u�,. CU CL 0) r-I• a) O N P F voqkp •� :11111111— '91 •.> G> 0 0 0 vo b crg 0 Page 59 of 545 a. a) FIT D 0 0 0 Pi4: N 11�. •, i • • iv 0 co c� Q or) Page 60 of 545 Q 3 Q Q) to o ciq o� 0cu N m,,,;;.,. N L., k E , v N ,0ii frt g a ._ w co )� O 01 r V' Q CO 0 0 GrQ Page 61 of 545 m S 0 rJ C • 17 �4 OI la3Jed 1- O. O. CD N N co N r- 0 co 0 0 0) r O ,13 0 co m E n � stic 0 PI• fD rn rt fD 01 -I x a 3 g CU P* JaM A SJPJ\, vo c0 0 Page 62 of 545 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 2024 WWTP EQ DIKE & LAGOON DIKE Mowing Contract Drawings Page 63 of 545 c) 0 0 crq cD 4 m up b crq 0 ,-n N Page 64 of 545 Z L) ul Page 65 of 545 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 4, 2024, and date of public hearing as April 15, 2024, in conjunction with the 2024- 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract for city - owned lots generally maintained by the Planning and Zoning Department, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo through its Dilapidated Housing Task force has acquired properties over the last several years using Iowa Code 657A and other means. A majority of the properties have been demolished and are vacant lots, but some still have homes or other structures on them. Lots owned by the City of Waterloo must be maintained, including mowing. This bid will select a mowing contractor for the lots for the 2024 and 2025 mowing seasons. There are approximately 245 lots, 13 of which are over an acre. NEIGHBORHOOD IMPACT The request will have a positive impact on neighborhoods by ensuring City owned lots are properly mowed and do not become a nuisance to neighborhoods. DATA, ANALYSIS, AND STRATEGIES Property Maintenance IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Nuisance abatement ALTERNATIVE ACTION Page 66 of 545 LEGAL DESCRIPTION ATTACHMENTS 1 2024 and 2025 Planning and Zoning Mowing RFB 2. Exhibit A Master Mowing List Updated 03-01-24 3. Exhibit B MowingListMap-3-5-24 Page 67 of 545 CITY OF WATERLOO, IOWA Planning and Zoning Department Notice of Public Hearing on the Proposed Specifications and the Notice to Public Bidders For the 2024 and 2025 Residential Lots /Miscellaneous Areas Mowing and Lot Maintenance Services Contract. General Description The City of Waterloo Planning and Zoning Department is soliciting bids for mowing of city owned lots and miscellaneous areas. The City of Waterloo Planning and Zoning Department has approximately 245 properties to be mowed and maintained (see attached Exhibit "A" for the list of properties and attached Exhibit "B" for a map of the properties). The City's intent for these properties are for rehabilitation or demolition to remove blighted properties from neighborhoods and provide infill lots for new homes, or to sell to an adjacent homeowner. Most lots are vacant, although some still have a structure or structures that must be mowed around. The attached Exhibit "A" indicates what lots are vacant. SCOPE OF WORK The Contractor shall provide all labor and equipment necessary for mowing, trimming and removal and disposal of various debris. Assigned areas shall be mowed on an as needed basis while maintaining a mowing height not to exceed four inches (4") in height. Prior to each mowing, the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Planning and Zoning Depailinent (except larger illegal dumping items noted below). Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by mowing operations which may include adding soil and seeding damaged areas as needed. Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences and other objects to match the height and appearance of the surrounding vegetation. Only upon request of the project manager will you be required to edge vegetation growing over curb and sidewalk. A good -faith attempt will need to be made to keep all voluntary vegetation to a minimum in and around any buildings, fences, along alleyways, sidewalks and other rights -of -way and particularly in areas where there are blind spots being created. Occasionally, illegal dumping occurs on city owned lots in which case the City will be in charge of removing larger items such as stoves, mattresses, tires, furniture etc. The contractor will submit either by letter, fax or email to the project manager the location and a detailed list of the items needing to be picked up. The bidder shall bid a per unit price (per lot/per occurrence price) for lots under one (1) acre and an hourly rate for lots one (1) acre or more, for all city owned lots under the control of the Planning and Zoning Depailinent. All bidders should know that the list of properties fluctuates as the city is continually acquiring and selling properties. The contract will be for a two year period, covering the 2024 and 2025 mowing season. RECEIVING OF BIDS All bids must be received in a sealed mailing container or envelope and be plainly marked on the outside with the notation `SEALED RFB FOR 2024 AND 2025 RESIDENTIAL LOTS/MISCELLANEIOUS AREAS MOWING AND LOT MAINTENANCE SERVICES CONTRACT — in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday April 4, 2024 at 1:00 p.m. (our clock), Central Time, in order to be considered for the 2024 and 2025 mowing season. Bids sent electronically or via facsimile will not be accepted. OPENING OF BIDS All proposals received will be opened in the Harold E. Getty Council Chambers in City Hall of said City, on the 4th day of April, 2024 at 1:00 p.m. The bid opening will be livestreamed on YouTube and made available on the city website. Bids will be evaluated promptly after opening. The awarding of the contract is expected to be at the City Council meeting on Monday April 15, 2024. PUBLIC HEARING The Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2024 and 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services contract at the City Council Meeting, Monday April 15, 2024 at 5:30 p.m. Page 68 of 545 The contract documents are on file on the first floor in the City Clerk's office, City Hall, 715 Mulberry Street, and in the Planning and Zoning Department, second floor in Waterloo City Hall, 715 Mulberry Street, Waterloo, Iowa for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposals may be withdrawn any time prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately May 1, 2024 to October 31, 2025. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department with the exception that the required list of adequate equipment available for the proposed project may be submitted as a separate attachment and the bid bond can be supplied by the bidding company's insurance provider. The bidder shall bid a per unit price (per lot/per occurrence price) for all city owned lots and miscellaneous areas that are under 1 acre, and per hour price per occurrence for all city owned lots and miscellaneous areas that are over 1 acre. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award one contract to the lowest responsible Bidder whose bid conforms to the Specifications listed in this RFB and is most advantageous to the City, and the Planning and Zoning Department, price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. They city may award the contract at the time of bid hearing, however, the City and the Planning and Zoning Department may need time to review the contract bids and bidder information, in which case the award would be made within sixty (60) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount of Twenty Thousand Dollars ($20,000.00). The Bond is to be issued by a responsible surety approved by the City Clerk's office and City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of times each lot is mowed (and hours spent mowing for lots over 1 acre), keeping in mind that this is an as needed basis contract and that the residential lots/miscellaneous areas need only be maintained (mowed) at a height of (4") or less and shall not be mowed unless the average grass on a site exceeds 6". Lots shall not be mowed more than once per week regardless. A detailed bill of completed work must be received and approved by the Planning and Zoning Department (project manager) located at 715 Mulberry St., Waterloo, Iowa before payments will be made. The billing shall include: • Property addresses and/or description of where work was performed • Number of times and the date each property was mowed each month Page 69 of 545 CITY OF WATERLOO, IOWA Planning and Zoning Department INSTRUCTION TO BIDDERS I. EXPLANATION TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Request for Bids must be requested in writing via email or letter, and with sufficient time allowed for a reply to reach all bidders before submission of their bids. Any interpretation or changes made to the RFB will be in the form of an addendum of the Request for Bids and will be furnished to all prospective bidders. All prospective bidders will receive mail or email notifications of any addendums by the Project Manager. All bidders must acknowledge in the space provided on the Bid Form acknowledgement of such addendums received by the Project Manager prior to the 1:00 p.m. bid deadline set for the opening of bids. Oral explanations or instructions given before the award of the contract will not be accepted. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department. Before submitting a bid, each bidder shall carefully read the specifications and all other contract documents. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in its bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Request for Bids and Notice to Bidders after the exact time set for closing of bids_(Thursday, April 4, 2024, at 1:00 p.m.) will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written request received from bidders prior to the time set for closing of bids. IV. PUBLIC HEARING The Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2024 and 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract at the City Council Meeting, Monday April 15, 2024 at 5:30 p.m. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance Officer is Rudy D. Jones, Director of Community Development, located at: 620 Mulberry Street Suite 202, Waterloo, Iowa 50703, (319) 291-4429 Page 70 of 545 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The project area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Planning and Zoning Department submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Planning and Zoning Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Planning and Zoning Department all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Planning and Zoning Department that the Bidder is qualified to carry out properly the terms of the Contract. IX. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum of $20,000, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by it in performing the work. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the same amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all its employees and those of its subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds and certificate(s) of insurance within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re -advertise for bids, and may charge against the bidder the amount of the bid guaranty. If a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the City of Waterloo, or Planning and Zoning Department for a refund. Page 71 of 545 CITY OF WATERLOO, IOWA Planning and Zoning Department GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Planning and Zoning Department of the City of Waterloo. Project Manager — Aric Schroeder, City Planner for the City of Waterloo, or designee. Phone: (319) 291-4366. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Request for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications (and Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Planning and Zoning Department, who shall generally be on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all information before proceeding with the work and be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Planning and Zoning Department. The Contractor shall not commit or permit any act in which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as result of negligence in connection with the execution of work under this contract and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Planning and Zoning Department. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore, it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. Page 72 of 545 General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. Contractor shall not disturb (damage) existing walks, drives, parking areas, trees, shrubs, or turf within or areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the City or the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and equipment during time of performing services. Upon request, the City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liability Insurance The Contractor shall at all times during the term of the contract maintain in full force and effect, at its own expense, Employer's Liability, Worker's Compensation, Automobile, Public Liability and Property Damage Insurance, and other insurance and bonds as set forth below, including contractual liability coverage for the indemnity and hold harmless provisions of this Agreement. Each policy shall require at least 30 days' advance written notice to the City in the event of cancellation or material change in terms. The City of Waterloo, Iowa shall be specifically named as an additional insured on all insurance. Such coverages shall be primary, non-contributing and contain waivers of subrogation against any coverage held by the City. Before commencement of work hereunder, the Contractor agrees to furnish the City with certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. Insurance coverages shall comply with the limits specified below: Coverages Worker's Compensation Employer's Liability Bodily Injury Liability (Except automobile) Property Damage Liability (Except automobile) Automobile Bodily Injury Liability Excess Liability Automobile Property Damage Liability Limits of Liability Statutory $500,000 $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 each occurrence $ 5, 000, 000 $1,000,000 each occurrence Page 73 of 545 CITY OF WATERLOO, IOWA Planning and Zoning Department Bid Specifications for 2024 and 2025 Residential Lots Mowing/Miscellaneous Areas Mowing and Lot Maintenance Services Contract (May 1, 2024-October 31, 2025) SCOPE OF WORK The Contractor shall provide all labor and equipment necessary for mowing, trimming and removal and disposal of various debris. Assigned areas shall be mowed on an as needed basis when the average height of grass on a site exceeds (6"), while maintaining a mowing height not to exceed four (4") in height. Prior to each mowing, the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Planning and Zoning Department. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by mowing operations which may include adding soil and seeding damaged areas as needed. Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences and other objects to match the height and appearance of the surrounding vegetation. Only upon request of the project manager will you be required to edge vegetation growing over curb and sidewalk. A good -faith attempt will need to be made to keep all voluntary vegetation to a minimum in and around the any buildings, fences, along alleyways, sidewalks and other rights -of -way and particularly in areas where there are blind spots being created. Occasionally, illegal dumping occurs on city owned lots in which case the City will be in charge of removing larger items such as stoves, mattresses, tires, furniture etc. The contractor will submit either by letter, fax or email to the project manager the location and a detailed list of the items needing to be picked up. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences, benches, utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to the Planning and Zoning Department. At no time shall any mowing equipment come in contact with any privately owned tree or shrub during mowing. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall avoid damage to turf grass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. SCHEDULING OF WORK The Planning and Zoning Department may add or delete mowing of areas based on growing conditions, budget constraints or some lots may be sold or acquired throughout the year. The Planning Department will provide the Contractor with notification of any changes to the list of lots covered under the Contract. REQUIRED EQUIPMENT The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment listed on the Bid Form will be verified by the Planning and Zoning Department to determine whether it is adequate for this mowing contract. A portfolio of existing or past contracts with letters of recommendations would be helpful in verifying the bidder's qualifications. Types of mowing equipment required for this contract: Line trimmers Walk -behind mowers Utility tractors with heavy-duty mowers Page 74 of 545 Types of other equipment required for this contract in addition to equipment listed above: Pull behind trailer or usable truck bed Tarps or enclosed trailer for hauling brush when required Hedge trimmers Note: City ordinance requires all loads being transported must be completely covered. The City is not responsible for paying any fines you may be issued. For larger parcels that are overgrown, contractor shall have access to a brush hog type of mower so that contractor can meet the city's timeframe requirements. Excess amounts of cut grass and vegetation will need removed and not left on parcels or blown onto the sidewalk or into the street right-of-way. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. Page 75 of 545 CITY OF WATERLOO, IOWA Planning and Zoning Department 2024 and 2025 Residential Lots /Miscellaneous Areas Mowing and Lot Maintenance Services Contract REQUEST FOR BIDS The City of Waterloo Planning and Zoning Department is soliciting bids to provide equipment and labor for mowing and lot maintenance of City of Waterloo properties (the "Services") on an as -needed basis. All bids shall include a completed price quote. Conditions governing the Services are contained in the proposed form of Contract, attached to this RFB and by this reference incorporated herein. A. SUBMITTING AND OPENING PROPOSALS All proposals must be received in a sealed envelope in the City's Clerk's office (date and time stamped) by Thursday, April 4, 2024 at 1:00 p.m., Central Time (our clock) in order to be considered. The City Clerk's office is located at 715 Mulberry St., Waterloo, Iowa 50703. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation "SEALED RFB FOR 2024 AND 2025 RESIDENTIAL LOTS/MISCELLANEOUS AREAS MOWING AND LOT MAINTENANCE SERVICES CONTRACT," and the name of the company submitting the proposal. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late proposals will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. All proposals received by the bid deadline will be opened in the Harold E. Getty Council Chambers in City Hall, at 1:00 p.m., and the proposals will be acted upon at such later time and place by the City Council. The bid opening will be livestreamed on YouTube and made available on the city website. The main purpose of this opening is to reveal the name(s) or the Proposer(s), not to serve as a forum for determining the award of bids. The City of Waterloo will conduct a public hearing on the proposed specifications and form of contract for the 2024 and 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract at the City Council Meeting, Monday April 15, 2024 at 5:30 p.m. The contract documents are on file on the first floor in the City Clerk's office, City Hall, 715 Mulberry Street, and in the Planning and Zoning Department, second floor in Waterloo City Hall, 715 Mulberry Street, Waterloo, Iowa for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn any time prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. B. SCOPE OF SERVICES Services to be performed by the successful respondent (the "Contractor") for the City will be those described in the form of Contract attached hereto and these Specifications, which generally include but are not limited to mowing properties on an as -needed basis. C. REQUIRED INFORMATION: 1. All bids must be submitted on the included bid form, and include the noted required information. Page 76 of 545 2. Important Exceptions to Contract Documents — The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the proposals. Companies are cautioned that exceptions taken to this RFB may cause their proposal to be rejected. 3. Incomplete Information — Failure to complete or provide any of the information requested in this RFB may result in disqualification by reason of non -responsiveness. D. AWARD OF CONTRACT 1. Final selection of a contractor will be made of the responsive and responsible firm whose proposal, conforming to these documents, is most advantageous and offers the greatest overall value to the City of Waterloo with regard to the criteria detailed and the specifications set forth herein. The City will evaluate proposals in light of all factors it considers relevant, including but not limited to price, prior dealings, reputation, knowledge, skills, demonstrated commitment of the humane treatment of animals, demonstrated experience in managing and working with animals, nature and quality of facilities, and other information provided by the proposer in response to this RFB. 2. The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any proposer. The City reserves the right to defer acceptance of any proposal for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving proposals. 3. The City may select a proposer based on an "all or none" proposal, on individual responses, or as is otherwise deemed to be in the best interest of the City. 4. A Proposer's submission of a proposal constitutes its acceptance of the City's evaluation technique described in this section and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5. Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 6. After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto. 7. In the event a contract is terminated between both parties for any reason, the City of Waterloo will award the contract by offer to the next qualified bidder. The City of Waterloo reserves the right to award only those proposals that were opened in the Harold E. Getty Council Chambers on the second floor of City Hall, 715 Mulberry Street, Waterloo, Iowa on Thursday, April 4, 2024. E. MISCELLANEOUS 1. Questions regarding miscellaneous items will be directed to Aric Schroeder in the Planning and Zoning Department, 319.291.4366, Monday through Friday from 8:00 a.m. to 5:00 p.m. 2. This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. Page 77 of 545 F. GENERAL TERMS AND CONDITIONS OF PROPOSAL 1. LANGUAGE, WORDS USED INTERCHANGEABLY — The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 5. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 6. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officials, officers, employees and agents, from and against any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or company whatsoever, including the parties hereto and their employees, that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of the contract. 7. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the contract regardless of the exchange rate. All proposal responses must be submitted in English. 8. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 60 days after acceptance and on receipt of an original invoice. 9. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the contract documents and shall be acknowledged and dated on the signature page. 10. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated herein by reference. 11. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 12. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposers will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 13. CANCELLATION - Either party may cancel the contract in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 14. ASSIGNMENT - Proposer shall not assign the contract or any monies to become due thereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 15. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 16. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognizes this and waives any claim against the City of Waterloo and any of its officials, officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officials, officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. Page 78 of 545 Page 79 of 545 CITY OF WATERLOO, IOWA Community Planning and Development Department 2024 and 2025 Residential Lots Mowing/Miscellaneous Areas Mowing and Lot Maintenance Services Contract BID FORM BIDDER: ADDRESS: COMPANY NAME PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of , or a limited liability company existing under the laws of the State of , or a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, and the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed MOWINGS, in accordance with the contract documents and for the unit price in place for the following amount: Bid Price: Price per Lot/Area per occurrence for mowing and lot maintenance services for city owned lots under 1 acre for approximately 232 Properties. dollars ($ ) Written Price Per Lot/Occurrence: Bid Price: Price per Hour per occurrence for mowing and lot maintenance services for city owned lots 1 acre or more for approximately 13 Properties. dollars ($ ) Written Price Per Hour/Occurrence: 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within sixty (60) days after Bid Opening, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of dollars ($ ) in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 5. Attached is a Non -Collusion Affidavit of Prime Contractor. 6. The Bidder is prepared to submit a financial and experience statement upon request. Page 80 of 545 7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / / / / / / 9. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre -bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non -collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 10. The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment list may be submitted below or as a separate attachment: 11. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The owner (City of Waterloo) reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: / / Name and Title Page 81 of 545 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of County of , being first duly sworn, deposes and says that: 1. He/She is (Owner), (Partner), (Officer), (Representative), or (Agent) of , the Bidder that has submitted the attached Bid; 2. He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Stths-c4 dyed/ cuvi& -worn/ to- lWefo-re/ ww/thiik day of , 2024. S u -vouti re/ Titte/ My e/s- Page 82 of 545 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) , being first duly sworn, deposes and says that: 1. He/She is (Owner), (Partner), (Officer), (Representative), or (Agent) of , hereinafter referred to as the "Subcontractor"; 2. He/She is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2024 and 2025 Residential/Miscellaneous Areas mowing and Lot Maintenance Services in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Stcbs r bed aru' jvorry to- befor& m thr;J- day of , 2024. Stare, r Page 83 of 545 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program — Contract Compliance Provisions relative to Resolution No. 24664 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by Page 84 of 545 the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date Page 85 of 545 DRAFT CONTRACT CITY OF WATERLOO, IOWA 2024 and 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract CONTRACT PROVISIONS This Contract for mowing (the "Contract") is made and entered into effective May 1, 2024 and ending October 31, 2025, by and between the City of Waterloo, Iowa (the "City"), and (the "Contractor"). 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 Bids c. Notice of Public Hearing d. Instruction to Bidders e. Signed copy of Bid Form f. Non -Collusion Affidavit of Prime Bidder g. Non -Collusion Affidavit of Sub -Contractor h. Equal Opportunity i. General Conditions j. Bid 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 govern. 3. The Contractor agrees to be ready to commence the work within twenty-four (24) hours after the City issues a "Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following: a. Contractors will abide by ordinance sections 7-1-2B(1). Contractor will not be permitted to transfer grass onto or across any city street or alley. In the event grass is transferred into any street or alley it shall be removed by the Contractor. b. Contractor will abide by ordinance sections 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 bag all weeds/grass taller than 12" 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. d. Contractors are not to mow or trim any flowers or gardens unless specified by the Planning and Zoning Department. e. Contractors will trim around all trees, telephone poles, fences, structures, curbs and on the backside of alleys. f. In the event the Planning and Zoning Department finds that the Contractor did not fulfill its obligation, the Contractor will be required to go back to the property at no additional cost to the city or owner of the property. Page 86 of 545 g. 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 Project Manager. h. Properties found in compliance upon arrival of the contractor, will not result in additional charges to the City of Waterloo from the Contractor. 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. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and execution of work, if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have 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 will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all necessary services satisfactorily performed through the termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 9 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time without cause by delivering to Contractor twenty-one (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. Page 87 of 545 12. Because time is of great importance when completing mowing 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: Contractor: City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: Planning Department Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. 14. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent Contractor. 15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 17. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 18. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor as set forth on Exhibit "A" (Bid Form) attached hereto. IN WITNESS WHEREOF, the parties have executed this Contract for Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Quentin Hart - Mayor Name of Company Kelly Felchle -City Clerk By: Title: Page 88 of 545 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note Between 1305 & 1311 W 2nd St 2,115 y 891326307003 formerly 1309 W 2nd St NW of 434 Bayard St 3,585 59,959 3,276 y 891326357005 formerly 430 Bayard St NW of 714 La Porte Rd n 891336253035 891326129029 891326129028 891326129034 891326129026 891326128015 Former voleball courts of bowling alley. Over 1 acre. West of 133 University Av y Formerly 135 University Av. West of 133 University Av 3,276 y Formerly 137 University Av. East of 157 University Av 4,651 y East of 157 University Av 6,552 y Consider combining these four parcels. West of 226 Leland Av 6,505 y someone is parking on it...they should mow, or stop parking on it. Formerly 232 Leland Av Between 704 & 710 W 1st St 4,231 y 891326177011 formerly 706 W 1st St East of 139 Dawson St 3,899 y 891314486006 formerly 121 Cutler St, south of corner lot South side of Dawson St at Lincoln St 1,134 y 891314485010 891322155008 891322155018 891314483009 East of 516 Upton Av 4,862 n East of 516 Upton Av 2,616 n Consider combining both parcels. North of 1003 Logan Av 6,450 y formerly 1007 Logan Av North of 130 St Albans St 6,017 y 891323284001 formerly 201 Lincoln St West of 318 Center St 6,850 y 891323229014 formerly 326 Center St SE Cor. of Conger St & Broadway St 6,370 y 891323204001 Note there is a traffic box on part of this lot, so we could not sell the entire lot East of 122 W Parker St 5,000 y 891314433013 formerly 116 W Parker St East of 424 Dawson St 4,166 y 891314458011 formerly 420 Dawson St East of 851 Dawson St 6,552 y 891314358004 formerly 847 Dawson St South of 1015 Lincoln St 6,450 y 891314476008 formerly 1013 Lincoln St South of 725 Fairview Av 7,646 y 891323127013 formerly 717 Fairview Av East of 514 Bratnober St 2,080 y 891323207007 Formerly 508 Bratnober St. Demoed summer 2021. NE of 627 W 2nd St 4,995 y 891326253011 formerly 623 W 2nd St West of 651 Kern St 9,780 y 891314381031 Formerly 663 Kern St. Demoed fall 2021. North of 3127 Logan Av 26,227 n 891302476048 East of 3338 W Airline Hwy 7,480 , n 891305476015 Lot 2 of Wesport Addition. NE Cor. of Ansborough Av & Upton Av 30,213 n 891322153032 West of 917 Hartman Av 5,616 n 891328229001 North of 1021 Chalmers Av 6,777 257,411 73,822 14,001 n 891328229021 700 Blk of University Av West of US Hwy 63 n 891327226002 Former Weissman Iron & Metals. Over 1 acre. Lafayette St between Colorado St and Indiana St y 891230328011 Formerly 2265 Lafayette St, Lafayette School. Over 1 acre. West of 1330 Dearborn Av & 1127 Calhoun St n 891229306012 SW Cor. of Courtland St & Elm St 3,910 y 891325207006 formerly 326 Courtland St Between 806 Gilbert St & 1310 Cottage Grove Av 7,616 n 891229303009 West of 1919 Lafayette St 3,672 y 891230157007 formerly 1915-1917 Lafayette St. Under development agreement, soon to be conveyed. East of 1903 Lafayette ST 4,466 y 891230157008 Under development agreement, soon to be conveyed. SE of 1202 Sycamore St 5,734 y 891325181003 formerly 1218 Sycamore St SW of 1202 Sycamore St 5,475 y 891325181007 formerly 118 E 10th St SE of 1202 Sycamore St 4,778 y 891325181002 SE of 1202 Sycamore St 12,184 y 891325181004 North of 515 Independence Av 6,447 n 891324479019 formerly 519 Independence Av, alley access only Between 319 & 327 Glenwood St 3,992 y 891324454007 Between 222 & 232 Gable St 6,998 y 891313379004 formerly 230 Gable St Page 89 of 545 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note Between 314 & 328 E 1st St 8,968 y 891323478017 formerly 320 E 1st St NE of 117 E 9th St 2,520 y 891325176017 formerly 121 E 9th St NE of 117 E 9th St 4,682 y 891325176016 corner of E 9th St and Sycamore St NE of 117E 9th St 7,202 y 891325176005 NE of 117E 9th St 6,246 y 891325176004 Behind 117 E 9th St 7,454 y 891325176012 formerly 116-118 E 8th St West of 1335 Mulberry St 6,292 y 891325251007 formerly 1331 Mulberry St SW Cor. of Franklin St & Linden Av 6,826 y 891325278006 formerly 1828 Franklin St North of 506 Elm St 5,428 y 891325212016 formerly 510 Elm St South of 326 Fowler St 3,758 y 891325211007 formerly 515 Elm St Between 868 & 876 Fowler St 3,136 y 891230106013 891325211001 891325211002 891325212002 SE Cor. of Fowler St & Lane St 2,106 y formerly 302 Fowler St East of SE Cor. of Fowler St & Lane St 2,106 y formerly 304 Fowler St. Consider combining these two parcels East of 402 Fowler St 2,613 y Formerly 404 Fowler St. South of 608 Vinton St 3,501 y 891325227017 formerly 602 Vinton St West of 606 Independence Av 7,006 y 891325227001 This parcel acquired in 1988 by CLD 597197, presumably for intersection imp. Should Planning mow? SW Cor. of N Barclay St & Salisbury St 3,626 y 891324184009 This parcel acquired in 1972 by DEED 501897, presumably for road. Should Planning mow? North of 724 Vinton St 6,601 y 891324480002 formerly 728 Vinton St South of 733 Vinton St 4,389 y 891324479008 formerly 731 Vinton St North of 724 Vinton St 7,679 y 891324480001 formerly 734 Vinton St South of 749 Vinton St 6,583 y 891324479005 formerly 745 Vinton St North of 439 Cherry St 3,920 y 891324458009 formerly 449-447 Cherry St West of 718 Glenwood St 860 y 891324482001 small triangular lot west of parcel 891324482002 North of 508 Mobile St 8,200 y 891324477001 891323434003 891323434002 11 formerly 520 Mobile St, at dead end of Mobile Across from 81 Lafayette St 2,825 y Across from 81 Lafayette St 2,825 y Consider combining these 2 parcels. North of 221 Ash St 8,456 y 891324429005 South of 239 Ash St 8,458 y 891324429004 formerly 233 Ash St NE Cor. of Mulberry St & Oak Av 3,916 y 891323428020 Portion needed for right-of-way North of 1015 Mobile St 4,773 n 891324260010 formerly 1017 Mobile St North of 235 Jackson St 5,463 y 891324257010 formerly 239 Jackson St Between 155 & 167 Harrison St 7,044 y 891323288003 891323288005 891323288006 891323288007 891324183008 891323285009 891323285010 'Consider 891219205007 East of 155 Harrison St 7,044 y East of 155 Harrison St 9,391 y West of 137 Harrison St 4,696 y Consider combining these three parcels South of the SW Cor. Of N Barclay St & Oneida St 4,669 y formerly 213 N Barclay St 400 Blk Logan Av South of 105 Lincoln St 4,020 y 400 Blk Logan Av South of 105 Lincoln St 7,059 y combining both parcels. Formerly 421 Logan Av South of 2306 City View St 7,357 n East of 122 Sumner St 4,717 y 891324179005 Used as parking lot, look at selling. Formerly 132 Sumner St 100 Blk Sumner St West of 211 Linn St 8,472 y 891324176010 formerly 121 Sumner St West of 410 Adams St 8,794 y 891324134009 formerly 402 Adams St East of 418 Adams St 8,819 y 891324134013 formerly 426 Adams St West of 519 Adams St 3,519 y 891324207008 formerly 509 Adams St Page 90 of 545 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note NW Cor. of Adams St & E 4th St 17,049 y 891324107006 South of 120 Peek St 5,630 y 891324208016 formerly 116 Peek St North of 806 Logan Av 7,480 y 891324101009 formerly 812 Logan Av West of 123 Conger St 7,509 y 891323228002 formerly 125 Conger St South of 328 Ricker St 5,219 y 891313383009 formerly 821 Manson St West of 437 Ricker St 7,115 y 891313381010 East of 119 Ricker St 5,343 y 891313356010 formerly 129 Ricker St NE Cor. of Ricker St & Hwy 63 4,888 y 891313354020 North of 1809 E 4th St 7,755 y 891313356007 East of 307 Gable St 7,347 y 891313377012 formerly 315 Gable St 300 Blk Gable St West of 1009 Manson St 7,344 y 891313377010 East of 306 Charles St 7,340 y 891313331003 formerly 312 Charles St West of 220 Independence Av 8,339 y 891325202003 West of 824 Fowler St 8,424 y 891230106005 formerly 820 Fowler St East of 307 Adams St 3,410 y 891324132026 300 Blk Adams St East of 307 Adams St 8,579 y 891324132025 West of 327 Adams St 8,581 y 891324132024 consider combining these three parcels West of 117 Smith St 2,522 y 891324458021 formerly 115 Smith St East of 518 Cottage St 6,709 y 891324251005 formerly 520 Cottage St East of 620 Fowler St 7,006 y 891325234005 formerly 622 Fowler St North of 902 Logan Av 9,167 y 891313357007 902 Logan Av 14,208 y 891313357008 Dunsmore house. Consider combining these two parcels East of 126 Dearborn Av 8,541 y 891230305006 formerly 134 Dearborn Av 700 Blk Willow St East of 522 Beech St 13,858 y 891324427002 formerly 710 Willow St East of 217 Independence Av 3,252 y 891324457014 formerly 223 Independence Av South of 415 State St 8,380 y 891230151008 formerly 409 State St 200 Blk Courtland St South of 206 Irving St 2,261 y 891325202010 formerly 211 Courtland St NE Cor. of Courtland St & Irving St 3,944 y 891325202011 Consider combining these two parcels North of 1804 E 4th St 4,211 y 891313379013 Formerly 1808 E 4th St 1804 E 4th St 5,760 y 891313379012 Consider combining these two parcels. Home demolished in 2023. 700 Blk Vinton St North of 711 Vinton St 6,583 y 891324479011 formerly 717 Vinton St 700 Blk Vinton St North of 711 Vinton St 6,583 y 891324479010 Consider combining these two parcels 200 Blk of Hopkins Ct SE of 208 Salisbury St 4,495 n 891324184016 Formerly 220 Hopkins Ct. Demoed fall 2021. East of 3116 Franklin St 9,015 n 891229276008 formerly 3126 Franklin St West of 918 Newell St 52,380 n 891324203003 Formerly 820 Newell St. Over 1 acre. 1027 Sycamore St 2,389 y 891325137011 Building demolished in 2021 NW of 1027 Sycamore St 2,090 y 891325137012 formerly 1025 Sycamore St NE of 1027 Sycamore St 4,479 y 891325137010 1000 Blk of Sycamore SE of 204 E 8th St 8,958 y 891325137013 consider combining these 4 parcels East of 215 Sumner St 5,658 y 891324177016 formerly 219 Sumner St West of 225 Sumner St 5,656 y 891324177015 Formerly 223 Sumner St. Consider combining these two parcels. North of 415 Lane St 7,149 y 891324457010 formerly 419 Lane St 00 Blk of Lane St, across street from 82 Lane St 4,120 y 891325251003 NE of 410 Thompson Av 4,225 y 891323431012 formerly 414 Thompson Av Page 91 of 545 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note South of 326 Oak Av 1,754 y 891323430018 formerly 310 Oak Av SW of 406 E 10th St 2,626 y 891325209011 formerly 1201 Mulberry St South of 41 John St 6,233 n 891313351036 formerly 27 John St South of 414 Logan Av 7,971 y 891324156007 formerly 408-410 Logan Av South of 114 Warneka St 11,096 y 891313459019 formerly 915 Newell St NE of 409 E 8th St 9,519 y 891325127007 formerly 411 E 8th St SE of 906 Franklin St 2,785 y 891325127002 East of 124 Center St 31,007 y 891323231002 Formerly 120 Center St. Demoed fall of 2021. 100 Blk of Sumner St West of 211 Linn St 8,400 y 891324176011 891229358002 891229358003 891229358021 891229358001 891229226026 I 891229226025 891229226024 891313307009 Formerly 115 Sumner St. Demoed summer 2021. 1000 Blk of Fulton St across from 1013 Fulton St 10,400 n Formerly 1004 Fulton Av. Demoed fall 2021. 1000 Blk of Fulton St across from 1013 Fulton St 5,200 n 1000 Blk of Fulton St across from 1013 Fulton St 3,180 n 1000 Blk of Fulton St across from 1013 Fulton St 5,070 n consider combining these four parcels South of 171 Rebecca Ln 11,548 n Formerly 179 Rebecca Ln. Demoed fall 2021. South of 171 Rebbecca Ln 12,067 147,668 82,291 n East of 171 Rebbecca Ln n Consider combining these three parcels. Over 1 acre. 111.1.111111101111WRWIPIIIMPryard only. Under 1 acre. h . Mow front yard only. Under 1 acre. 123 E Parker St y 2127 E 4th St 126,154 y 891313307026 1526 E 4th St 7,263 y 891324129013 Formerly 1526 E 4th. Demoed 2022. 1527 E 4th St 4,271 y 891324105007 Formerly 1527 E 4th. Demoed 2022. 100 Blk of Shilliam Av across from 209 Jackson St 5,164 y 891324405003 Formerly 118 Shilliam Av. Demoed fall 2021. West of 218 Cottage St 8,441 y 891324176002 891324476004 891324476003 I 891324476009 Formerly 214 Cottage St. Demoed fall 2021. 900 Blk of Linden Av North of 751 Glenwood St 6,046 y Formerly 915 Linden St. Demoed fall 2021. 900 Blk of Linden Av North of 751 Glenwood St 6,047 y Consider combining these two parcels West of 729 Glenwood St 6,300 y Formerly 725 Glenwood St. Demoed fall 2021. West of 150 Harrison St 4,346 y 891323285027 891230308009 891230308008 IConsider 891324410001 Formerly 154 Harrison St. Demoed fall 2021. West of 246 Hogle St 5,473 y Formerly 242 Hogle St. Demoed fall 2021. West of 246 Hogle St 5,501 y combining these two parcels SE Cor. of Merriman St & Halstead St 3,564 y Formerly 200 Merriman St. Demoed fall 2021 105 E 11th St 26,880 y 891325181005 r lumber On demo list. Parcel used by bridge contractor. Removed from list for now. yard. 307 Sumner St 4,722 y 891324178017 Formerly 307 Sumner St. Demoed 2022 335 Sumner St 5,072 y 891324178010 Formerly 335 Sumner St. Demoed 2022 East of 402 Courtland St 10,200 y 891325208002 Formerly 408 Courtland St. Demoed 2022. 70 Sycamore St 39,636 y 891323476001 Former Crystal Ice building. 90 Sycamore St 15,228 y 891323476002 Former Crystal Ice building. 516 Pine St 3,810 y 891324310002 Soon to be sold to developer to be rehabed. 521 Pine St 4,601 y 891324307010 Soon to be sold to developer to be rehabed. West of 508 Adams St 8,743 y 891324210001 East of 427 Rath St 4,056 y 891230303007 East of 2012 Lafayette St 7,554 94,009 10,272 y 891230304006 1515 Sycamore St y 891325259002 Former Rath Administration building. Over 1 acre. East Cor. of Sycamore St & E 10th St y 891325180014 NW of 1217 Sycamore St 6,688 y 891325180013 formerly 1211 Sycamore St Between 508 & 526 Locust 1,927 y 891326331006 formerly 520 Locust St Page 92 of 545 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note Between 1128 & 1206 Washington St. 9,380 y 891325307007 Adj. to 622 W 9th St 2,774 y 891326432012 formerly 626-628 W 9th St West of 1129 South St 7,323 y 891325307024 East of 1023 South St 3,566 y 891326433006 formerly 1029 South St NW of 1316 Washington St 3,167 y 891325354049 City acquired from State CLD 623 Pg 63. Is planning responsible to mow? NE of 622 W 9th St 2,854 y 891326432010 East of 1421 Hawthorne Av 5,415 y 891336105018 formerly 1423 Hawthorne Av West of 1133 Bertch Av 6,362 y 891335226017 Formerly 1131 Bertch Av. This property should be a high priority to sell SE of 1018 Wellington St 8,423 y 891326476006 891325153003 891325153002 891325307032 891325307033 891325307003 formerly 1020 Wellington St SE of 915 Commercial St 6,784 y formerly 919-925 Commercial St (Castle Apartments) 100 Blk W 8th St SE of 915 Commercial St 3,618 n Consider combining these two parcels SE of 1218 Washington St 6,853 y NW Cor. of W 11th St & South St 10,832 y Consider combining these two parcels NW of 1124 Washington St 8,447 y formerly 1120 Washington St NE of 620 W 7th St 2,421 y 891326426007 formerly 614 W 7th St NE of 619 W 7th St, behind 908-910 South St 3,000 n 891326431002 Formerly 613 W 7th St. Alley access only. NW of 1108 Grant Av 6,981 y 891326481001 formerly 1100 Grant Av SW of 326 W 14th St 4,210 y 891325377008 formerly 328 W 14th St 742 Grant Av 3,936 y 891326411007 Building demolished in 2021 NE of 326 W 14th St 8,540 y 891325377006 817 Bluff St 20,517 y 891326283016 Quonset Hut part of former Johnstone Supply. Includes sidewalk along W 7th St SE of 1103 Commercial St 8,395 y 891325155013 NW Cor. of Williston Av & US Hwy 218 8,239 y 891325382012 891325354011 891325354012 891325354013 891313382019 SE of 1426 Washington St 7,233 y SE of 1426 Washington St 7,030 y SE of 1426 Washington St 6,995 y Consider combining these three parcels. 232 Ricker St 3,570 y Parcel number was changed, used to be parcel 891313382006 North of 208 Denver St 5,040 y 891326305017 Home demolished in 2023. Home demolished in 2023. Home demolished in 2023. Home demolished in 2023. Over 1 acre. Approximatly half of the site is parking lot. 207 Lafayette St 4,050 y 891323478013 208 Sunnyside Av 2,205 y 891326108007 212 Sunnyside Av 2,205 y 891326108008 637 Ankeny St 6,432 228,559 31,102 119,224 6,300 n 891313352021 N of 250 Westfield Ave, part of Lot 1 of Techworks Add y 891323378017 SE of 250 Westfield Ave, part of Lot 1 of Techworks Add n 891323378018 Entire parcel is parking lot. Mow areas of right-of-way of Westfiled Av and W Jefferson St. E Cor. of W Commercial St & River Rd, Lot 3 Techworks Add n 891323455001 Over 1 acre. West of 215 Oneida St y 891324181014 Parcel added 2/17/23, previously was missed 1318 Martin Rd 32,000 101,059 101,059 101,059 6,400 n 891332476007 Parcel added 4/24/23, home will eventually be tore down N of 3620 Wagner Rd n 891303151009 Parcel added 4/24/23. Mow front 300 feet only. Over 1 acre. S of 3620 Wagner Rd n 891303151012 Parcel added 4/24/23. Mow front 300 feet only. Over 1 acre. N of 3488 Wagner Rd n 891303151013 Parcel added 4/24/23. Mow front 300 feet only. Over 1 acre. W of 306 Madison St y 891230129024 Parcel added 4/27/23. SW of 321 E 1st St 9,000 y 891323436006 Parcel added 4/27/23. E of 912 Newton St 6,050 y 891314351008 Parcel added 4/27/23. N of 914 Linden Av 14,644 n 891219351018 Parcel added 6/13/23 Page 93 of 545 Exhibit "A" 2024-2025 Mowing List as of 3/1/24 Property Lot Sq ft Sidewalk PIN Note 54 Lane St 56,933 y 891325254013 Parcel # changed, was 891325254010 Parcel added 8/1/23. Mow area under 1 acre. 1335 Mulberry Street 2,475 y 891325251006 Parcel added 9/11/23. Has a house. N of 1335 Mulberry Street 4,635 y 891325251004 Parcel added 9/11/23 200 E Mullan Av 8,025 y 831323477012 Parcel added 1/4/24 617 W 1st St 2,100 y 891326178016 Parcel added 2/8/24 708 W 3rd St 9,000 y 891326183004 Parcel added 2/8/24 324-326 W 7th St 4,875 y 891326283003 Parcel added 2/8/24. Sidewalk on W 7th and Bluff 1003 Vine St 7,000 y 891219307012 891325133001 891325133003 891325133004 891325133005 891325133018 891325180018 Parcel added 2/8/24. Sidewalk on Vine and Steely NW of 924 Lafayette St, corner of Lafayette & E 7th 4,730 y Parcel added 2/8/24 NW of 924 Lafayette St, corner of Lafayette & E 7th 3,870 y Parcel added 2/8/24 NW of 924 Lafayette St, corner of Lafayette & E 7th 6,000 y Parcel added 2/8/24 NW of 924 Lafayette St, corner of Lafayette & E 7th 4,500 y Parcel added 2/8/24 NE of 204 E 7th St, corner of Lafayette & E 7th 3,200 y Parcel added 2/8/24. Consider combining these 5 parcels NW of 1217 Sycamore St 4,080 y Parcel added 2/8/24 W of 532 Dawson St 4,290 y 891314457018 Parcel added 2/8/24 NW of 1112 Sycamore St 12,600 y 891325179008 formerly 1100 Sycamore St. Parcel added 2/8/24 E of 1320 Mulberry St, corner of Mulberry and Lane 13,724 y 891325251008 Parcel added 2/8/24 S of 542 Indiana St 71,000 5,600 n 891230329029 Previously missed. Parcel added 2/8/24 1712 E 4th St y 891313382015 Parcel added 3/1/24. Includes a home. 1738 Flower St 15,000 n 891321377012 Parcel added 3/1/24. Includes an appartment complex. 408 Vermont St 8,400 y 891326355002 Parcel added 3/1/24. Includes a home. 724 Lincoln St 6,721 y 891323227002 Parcel added 3/1/24. Includes a home. 418 Oak Av 5,200 y 891323428019 Parcel added 3/1/24. Includes a home. 110 Chestnut St 4,500 y 891323237027 Parcel added 3/1/24. Includes a home. 318 Bratnober St 4,270 y 891323235010 Parcel added 3/1/24. Includes a home. 309 E 2nd St 7,350 y 891323478009 Parcel added 3/1/24. Includes a home. Page 94 of 545 1 City of Waterloo Planning Department Mowing Lots 0 8 Waterloo Corp_Li its Over 1 Acre IR Under 1 Acre 0 0.3 0.6 1.2 Miles • 11 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving award of bid to Restoration Services of Waterloo, Iowa, in the amount of $31,970.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Hangar No. 4 Tuckpointing and Painting, IDOT FY-23 CSVI Project, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 96 of 545 1. RSI Contract+Attach A - HANGAR 4 TP&P ALO3.14.24 2. 10.02.2023 Waterloo Regional Airport - HANGAR NO. 4 IMPROVEMENTS (2023) — TUCKPOINTING AND PAINTING Page 97 of 545 CONTRACT FOR HANGAR NO. 4 IMPROVEMENTS (2023) Tuckpointing and Painting AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA THIS AGREEMENT, made and entered into this day of , 2024, by and between the Waterloo Regional Airport for the City of Waterloo, Black Hawk County, Iowa, hereinafter referred to as the "Owner" and Restoration Services, Inc. a corporation organized and existing under the laws of the State of Iowa, hereinafter referred to as the "Contractor." WITNESSETH: That the Contractor for and in consideration of Thirty -One Thousand Nine Hundred Seventy Dollars ($31,970.00), based on the unit bid prices payable as set forth in the Specifications constituting a part of this Contract, hereby agrees to construct in accordance with the Plans and Specifications therefore, and in the location designated on the Plans, the various items of work awarded said Contractor on the day of , 2024, as follows, being numbered one (1) and two (2) as shown in schedule of prices bid in the attached Proposal, Attachment A, which is a part of this Contract. Said Specifications and Plans are hereby made a part of and the basis of this Agreement and a true copy of said Plans and Specifications is now with the Waterloo Regional Airport in the office of the Director of Aviation, Waterloo, Iowa, under date of , 2024. 1. That in consideration of the foregoing, the Owner hereby agrees to pay the Contractor promptly and according to the requirements of the Specifications, the amounts set forth, subject to the conditions as set forth in the Specifications. 2. That it is understood that the parties named herein are the only persons interested in this Contract and principals. 3. That the Contractor has examined the site of the proposed work, Plans, Specifications, and Contract Documents in order that he might become familiar with the character, quality, and quantity of the work to be performed, the materials to be furnished and the requirements of the Specifications, and Contract Documents. 4. It is hereby further agreed that any reference herein to the "Contract" shall include all "Contract Documents" for the Waterloo Regional Airport, IDOT CSVI Project no. 9I230AL0200, Contract No. CNTRT-0000-4606 Hangar No. 4 Improvements — Tuckpointing and Painting and said "Contract Documents" are hereby made a part of this agreement as fully as if set out at length herein, and that this contract is limited to the items in the proposal as signed by the "Contractor" and included in the "Contract Documents." 5. That in the event any surety upon any bond furnished in connection with this Contract becomes unacceptable to the Owner, or if any such surety shall fail to furnish reports as to his fmancial condition from time to time as requested by the Owner, the Contractor agrees to furnish promptly such additional security as may be required from time to time to protect the interests of the Owner or of persons supplying labor or materials in the prosecution of the work contemplated by the Contract. 6. That the Contractor shall not commence any work to be performed under this Contract until he has obtained from responsible insurance companies, all insurance required, as set forth in the General Provisions and that the Contractor shall maintain this insurance in full force and effect until the work to be performed under this Contract has been accepted by the Owner. 7. That the Contractor shall not start working on any alterations requiring a supplemental agreement until the agreement setting forth the adjusted price shall be executed by the Owner and the Contractor. IDOT CSVI Project No. 9I230AL0200 C-1 CONTRACT CONTRACT NO. 4606 Hangar No. 4 Tuckpointing and Painting AECOM 60703079 Page 98 of 545 8. That the Contractor, at all times, shall observe and comply with all federal, state, territory or possession and local laws, codes, ordinances and regulations in any manner affecting the conduct of the work, and the Contractor and his surety shall indemnify and save harmless the Owner and all his officers, Engineer, agents and servants against claims or liability arising from or based on the violation of any such law, ordinance, deregulation, order or decree, whether by himself or his employees. 9. That it is further understood and agreed by the parties to this Contract that the above work shall be commenced within 10 days after "Notice to Proceed" and shall be completed according to the terms of the entire contract within sixty (60) calendar days from the date established in the Notice to Proceed. Failure to complete within the allotted time will result in assessment of liquidated damages in the amount of $500.00 per calendar day for each day in excess of the authorized contract time. 10. The Contractor and Owner understand and agree that time is of essence for completion of the Work and that the Owner will suffer additional expense and financial loss if said work is not completed within the authorized Contract Time. Furthermore, the Contractor and Owner recognize and understand the difficulty, delay, and expense in establishing the exact amount of actual financial loss and additional expense. Accordingly, in place of requiring such proof, the Contractor expressly agrees to pay the Owner as liquidated damages the non -penal sum of $500.00 per day for each calendar day required in excess of the authorized Contract Time for the overall contract. Furthermore, the Contractor understands and agrees that: a. the Owner has the right to deduct from any moneys due the Contractor, the amount of said liquidated damages. b. the Owner has the right to recover the amount of said liquidated damages from the Contractor, Surety, or both. 11. The Contractor understands and agrees that all certifications made by the Contractor within the Proposal shall apply under this Agreement as if fully rewritten herein. The Contractor further certifies the following: a. Certification of Eligibility (29 CFR Part 5.5) (1) By Entering into this contract, the Contractor certifies that neither he or she nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1); (2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1); (3) The penalty for making false statements is prescribed in the U.S. Criminal Code 18 U.S.C. b. Certification of Non -Segregated Facilities (41 CFR Part 60-1.8) The federally assisted construction Contractor certifies that it does not maintain or provide, for its employees, any segregated facilities at any of its establishments and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The Bidder certifies that it will not maintain or provide, for its employees, segregated facilities at any of its establishments and that it will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Bidder agrees that a breach of this certification is a violation of the Equal Opportunity Clause, which is to be incorporated in the contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, or national origin because DOT CSVI Project No. 9I230AL0200 C-2 CONTRACT CONTRACT NO. 4606 Hangar No. 4 Tuckpointing and Painting AECOM 60703079 Page 99 of 545 of habit, local custom, or any other reason. The Bidder agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding S10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that it will retain such certifications in its files. l2. It is further understood that any action in court against the Contractor or sureties on his bond because of damage to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the Specifications, or on account of the failure of said Contractor to fully comply with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 13. Second Party shall maintain all work done hereunder in good order for a period of 12 months from and after the date it is accepted by the Waterloo Regional Airport, City of Waterloo, Iowa, which maintenance shall be without expense to First Party or the abutting property. In the event of the failure or default of Second Party to remedy any or all defects appearing in said work within a period of 12 months from the date of its acceptance by said Board and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said City, addressed to said Contractor at the address herein given, then First Party may proceed to remedy such defects and the cost and expenses thereof may be recovered from said Second Party and the sureties on its bond by action brought in any court of competent jurisdiction, but such suit may be brought in the District Court of Black Hawk County, Iowa. IN WITNESS WHEREOF, the parties hereto have set their hands for the purpose herein expressed to this and three other instruments of like tenor, as of the day of , 2024. CITY OF WATERLOO ATTEST: Secretary CONTRACTOR Rest ation Services, Inc. By OuivIef Mayor Firm Name Signature Title / 7 2 Co -min.; z: 4t.l Sf W ocl-edoorril 'a ?oa Business Address Witness Witness [DOT CSY[ Project No_ 9123eAL0200 CONTRACT NO. 4606 C-3 CONTRACT Hangar No, 4 Tuckpointing and Paining AECOM 60763079 Page 100 of 545 PERFORMANCE BOND KNOW ALL MEN 13V THESE PRESENTS: Thai we. Restoration Services, hie_ as PRINCIPAL also referred to as CONTRACTOR, d Merchants Bonding Company (Mutual) as Y, are held mid thinly- bound unto no Waterton Regionid Airport. 2790 Lis,logsion Lane, Waterloo, lima 50703 as OWNER_ in the full sant ofThirty-One Thousand Nine Hundred Seventy Dollars (S119-10,00-t. for the payment of 1 id 11 and natty to bC 1113(1e, We hind ourselves. our heirs, excentors, administrators, saccesstas told assigns. jointly and severally_ by these presents. \V] IFRFAS, the above -bound Principal has entered into a contract with the OWNER dated the 16 day of February 20.24for in-inform/lc/11s nt the Wntedeo Regional Airport, which includes, The IDO'r CSV1 Protect. Contract N. CNTRI4n1604606. -Hangar No. 4 tinprovetnents— Tuckpointing, and Painting pt-ttd consists of the reillOYai of deteriorated (116117ar joints from the initsoary followed by replacement with fresh mortar mix. Paint exterior ic1 walls after tockpointing efforts are complete. This wort( arid ilI other ineidenials shall be performed as shown on the Drawings and described iii the Specifications. NOW, THERFFORF. the conditions of this obligation are such that if the atorte-hound PRTNCIPAI. shall faithfillly and folly comply with the ternill and conditions of said contract. includins. b131311.)1 limited to. any obligations created ri'z1nal!rh-1uiruennanientes Ea \York inanslup and oiateriids which iv:annoy notion attarainee may csnend for a period of time beyond completion of said contract. and such alternations or additions i.111(ly luin:1(Itt Therein or irihe plans ndspecilicnkioim and shall indemnify and save the OWNSER harmless against 3Lly cieitns -or teeing any fnrro material. process, composition or anything which is patented. and likewise indemnify and save he OWNER harmless againsi ull claims for damages by reason or any default or neglinence. want of skill or care en the part of said PRINCIPAL or Agents in and about the performance of said contract, and shall comply with all lows pertaining to said -work, and shall comply -0, itit tind peribrin arty and nli guarinneQs providrel for in -5,.;i6 contact; than this obligation shall be void: otherwise of nth force and effect. PROVIDED. further than upon either the default of the PRINCIPAL, or ibe failure of he said PRINCIPAL to promptly anti efrimenny prosecute said Work, in nay rt.,spect at,n-ItInct2 the rontravi Drtc.Alment,, th, abov, hound SURETY shall allotremedy the default of the PRINCIPAL charge of ,laid Work no,t eompleoi the Contract at his °Ivo expense, pursuant tli its terms. reeciVing, howerur, any balance of the funds in the hands of said OWNER clue Lill(ler said C0711raCi. It sha If he the duty of the SURETY 1u give an unequivocal notice in ,.yrting to the OWNER wichir ten ( In) days after receipt of a declaration of default. of the SURETY'S election either to remedy the default or defaults promptly or to perform the commet promptly. Time being ot the ttSS-,;(11-... In said notice of cit.:Aron, the SURI tYshall inchoate the dale on which the remedy or performance im ill COMMQ11(.71:. and it shall be the duty DI the SURETY to give prompt notice in writing to the OldriNF.R immediately upon completion of r.,a) the remedy and,or correction of each default, (ft) the remedy and/or correction of each item of -condemned work, (c) the furnishings, of each retained item of -work, :And id) tilt! pCrli)frnancc orthe contract. The St RETY shell not asset solvency of its PRINCIPA_L as justification for frailinc- to pthintilly remedy the deli -toll ro defaults or peril am the erautact. In the cyansaid PR lNCIPA shitil fail (r- (1(.1(11 the prosecution and completion isaid Wbrk and sitid suRFTY.,hon aLso jail to act promptly as hereinabove provided, then he OWNER shall cause ten (Ith days' notice of such failure to be given, both to said PRINCIPAL and St 7RETY_ and in the expiration rif said tea (10) days, if said PRINCIPAL or SURETY do not proceed promptly to execute said Contract, the OWNER shall have the auttimily to cause said Work lo be dune and when ihe same is completed and the cost thereof estitnated. the said PRINCIPAL and SURETY shall and hereby aeree to pay any excess in the cost of said Work above the agreed price- to be paid under said Contract. Upon completion cif 'said Conn-m.1 pursuant to ns terflIS, if any funds remain due on said Contract. 1110 Sattlu shall be paid to said PRINCIPAL and SURETY_ 11)0 Pioici, 9(231/A3.029D CON RAC I Na 41,5r, ( Ding. 4 rest.,'Cm i515(1711-3075 Page 101 of 545 The said PRINCIPAL and SURETY further agree as part of this obligation to pay all such damages of any kind to person or property that ni.ty result from a failure in any respect to perform and cornpictc said Contract including. but not iilnitcd to, all repair and reptac.ment costs necessary to rrctirs construction error, architectural and engineering costs- and fees, ail (but nut limited to) consultant fees. all testing and laboratory fees, and ail legal fees and litigation costs incurred by thc OWNER. The decision of the OWNER, upon any disputed question connected with the escctio» orsaid Contract, or turn failure or delay in the prosecution of the Work by said PRINCIPAL or SURETY, shrill he final and conclusive. The SURETY Y agrees that, ether than as is provided in this bend, it may not demand of the OWNER the(3\VNhR shall (a) perform any thine of act, t tr) give any notice. lc) Mulish any clerical assistance. (d) render aov service. (3) farttish any papers or documents, or ((l take any other action of any nature or description Whieli is not required of the OWNER to be done under the contract documents. IN -WITNESS WHEREOF, the SURETY and PRINCIPAL have executed this instrument under their several 'seals this 16 day of February , 202A, the none and corporate seal of each corporate party beira_ hereto affixed, and these presents duly signed by its undersigned representative, pursuant CO autltoritt of its go,eming body. TN THE PRESENCE C)F: T�� (f) PRINCIPAL: 64&4f I c),Cl'r U; ce$1'Z� By: 6�pltiG..... :0r.pp�., y. SI IRETY: ;.r':`a 4 lee`; Merchants Bonding Company (Mutual) Ls 1933 ;_y; By: scar '�... .. NOTE: (a) Where the Performance Hood is executed by an attorney -in -fact, there shall be attached to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. Each caps of the Bond shall be countersigned by an authorized agent of the bonding company licensed to do business in the State of Iona. The title of this person countersigning the Bond shall appear atier his or her sit_mature. (6) (•_) 'she seal of the: banding company shall he attached to irach copy of the bond_ (d) The Contractor's signature on thc bond shell correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution (which may be combined with the corporate resolution franling the signing officer authority to execute contracts) pranting the corporate officer who executes the Bond the authority to do so_ Surety coinpanjes execnling bonds Must appear on the Treasury Delsartreent's current list Circular 570 as aritended) and be attthorifcd to transact business in site Stale of Iowa. 1I)OT CSV I Prnjcct No. 9123i11 L02011 CON rR AC NFO.4606 Ei:,tt1er No. 4 T.!Apo iiiin1 .cid P:iinimg CON tit;\(' F•CcOM 6079I(}7 Page 102 of 545 PAYMENT BOND KNOW Ai.l_ MEN 13Y THESE PRESENTS_ That lee, Restoration Services, Inc.. as PRINCIPAL, also referred €v as UON`I RAC"I OR, and Merchants Bonding Company (Mutual) as SURETY. are held sod hi ntl% Entail onto Waterloo Regional Airport, 2790 Liviiniston Lane, W;xerltxt_ loivt; 0703 as OWNER, in the full sum of Thirty -One Thousand Niac Hundred Seventy Dollars (331.970_00). for the use and protection of saki OWNER. and all subcontractors and all persons supplyin!_ tal:nr, utatcrials, machinery and equipment for the performance of the work provided for in the contract hereinafter rcita-red to, for the payment of which, well and truly to be made. we hind ourselves, our heirs, executors, administrator. successors and assigns,. jointly and severally, by these presents. WHEREAS. the above bound Principal has entered into a contract tha (.OWNER dated the 16 day of February , 2624. far improvemerns at the ,Valerie° Regional Airport. rparl. which The MOT CSV'I Prroject, Contract No. CNTRT-00004606. Hangar No. 4 Intprovernents—Tuckpointing and Painting project consists of the removal of deteriorated mortar joints from the masonry followed by replacement a-it[t fresh mortar mix. Paint exterior block walls after tuckpoin€ing efforts are complete. This work and all other incidentals Shall be performed as shown on the i zrawings and described in the Specifications. NOW, 'FtIEREFORE, the condition of this obligation is such that if the abase -bound PRINCIPAL shall promptly make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of the work provided for in said Contract_ then this obligation shall be voict_ othcrH iNC, it shall rematin in fah force and effect, :subject. however, to the following conditions: The said SURETY to this bend, for .attire receivtil, hereby stipulates and apices that no change or changes, extension of time or extensions of time, alteration of alterations or addition or additions to the terms of the contract or to the work to be performed thcreunder, or the specifications or drawings accompan y:nit saint shall in any wise affect its obligation ou this bond. and it does hereby waive notice oi' any Stich chance or changes, extension of time. or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work or to the speciticatium or drawings. A claimant is defined as any subcontractor and any person supplying labor. materials. machinery, or equipment in the prosecution of the work provided for in said contract. Signed and sated this 16 _ day of February , 20?4_ IN THE PRESENCE OF: ff]oT CSbit Protect Ng, 912 zi1At_13n131t 1, ONTRACI NH) .ti, ;h PRINCIPAL: SURETY: �'13tis�Cvtc_6)vic Q�QtN6 ....... tIPOR 9 4)/6pfir Merchants Bonding ComparmvjMutuai) s 1933 -,a tlaug,:r btu. 1 rlrrkpulntion• :m i Paindrer ('0NTNAf:'i' M-.C(lM 6i1704074 Page 103 of 545 NOTE: (al Where the Payment Bond is executed by an attorney -in -fact, there shall be attached to each copy of the Rand a certified copy of Power of Attorney properly executed and dated. (it) Each copy of the Bond shall be countersigned by an authorized agent ufthe bonding company licensed to do bii ine s in the State of Iowa. The title of the person coontcr nr ling the Bond shall appear after his or her Ni€nature. lc.) The seal oldie handing company shall be attached to each copy of the bond. (d) The Contracto€'s signature on the bond shall correspond with the signature in the contract. (e) The frond shall be accompanied by a corporate resolution (which may be combined with the corporate resolution granting the ;igting officer /authority to execute contracts) granting the corrarrate officer who executes the Bond the authority to do so. (fy Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and he authorized to transact business in the State of Iowa. /DOT (:SVI Projci 7 No. '023e CONTRACT NO.46ttt L02011 €'-7 µ_t CONTRACT ngnr Na_ 4 Fr ktuintmg rand t'nintin , AECOM 61t7n3079- Page 104 of 545 POA 0018 (10/22) MERCHANTS BONDING COMPANY,,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/bia Merchants National Indemnity Company (in California only) (herein collectively called the `Companies) do hereby make, constitute and appoint, individually, Samantha Trost their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and ail bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shah have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and out hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. if is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at feast thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 17th day of March 2023 it. co /0.-- 3Rq� - :4O 01CPt3/?9 11.. : -o- v:m: .ram'•: _o_ to :Cr z •z: v:-,. sv 2003 : y 1933 • e STATEOFtOWA • ......•� COUNTY OF DALLAS ss, On this 17th day of March 2023 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Kim Lee CorinnisSion Ni n*er 132137 Ily Commission Expires April 14, 2024 (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. in Witness Whereof. I have hereunto set my hand and affixed the seal of the Companies on this 17th day of March . 2023 _ ...,.,4,01,..%.1.1. ................. .s....i... ...,z,•;,9:;.4114:. 6-p-o'C;C;471.;c::;.. 9 -, • . ;z:2�' -.-.4en... • • •x: a. 'x o -. 2003 :;,� 1933 c = '•. .'. • •ram.: MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY £ Secretary Page 105 of 545 MERCHANTS\ BONDING COMPANY,. MERCHANTS BONDING COMPANY (MUTUAL) • P.Q. BOX 14498 • DES MOINES, IOWA 50306-3498 ['HONE: (800) 678-8171 • FAX: (515) 243-3854 ADDENDUM TO BOND This Addendum is in reference to the bonds) to which it is attached. Merchants Bonding Company (Mutual) ("Merchants") deems the digital or electronic image of Merchants' corporate seal below affixed to the hond(s) to the same extent as if a raised corporate seal was physically stamped or impressed upon the bond(s). The digital or electronic seal below shalt have the same force and effect as though manually fixed to the bond(s). All terms of the bond(s) remain the same. Signed and effective March 23, 2020. MERCHANTS BONDING COMPANY (MUTUAL) 0Q`gPR/i�iO9•' 4 9a.ti� •z: Vic: 1933 : c; By: 1 arry Taylor, President Page 106 of 545 755OPROPOSAI. FORM FOR HANGAR NO. 4 IMPROVEMENTS (2023) Tuckpointing and Painting AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 All: I. The undersigned, being a Corpora'kon existing under the laws of the State of .TOl,t.) A , a Partnership consisting of the following partners:_ t) Clrr Ili (/ tQv\ j co- , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this Hangar No. 4 Improvements (2023) Tuckpninting and Painting, Contract 4606, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: 2. The extent of the work involved is as follows. This IDOT CSV1 Project No. 9I230A1.0200, Contract No. CNTRT-00004606 project portion consists of the removal of deteriorated mortar joints from the masonry followed by replacement with fresh mortar mix. Paint exterior block walls after tuckpointing efforts are complete. 3. The undersigned, in compliance with your Invitation for Bids dated , hereby proposes to do the work called for in said Contract and Specifications and shox u on said Plans and Addendum Nos. 4/ & and to furnish all materials, tools, labor and all appliances and appurtenances necessary for the said work at the following rates and prices: IDOT CSVL Project No. 91230AL0200 CONTRACT NO.4606 P-I PROPOSAL FORM Hangar No. 4 Tuckpoinling and Painting AL COM 60703079 Page 107 of 545 ITEMIZED PROPOSAL WATERLOO REGIONAL AIRPORT WATERLOO, IOWA PROSECP. • HANGAR No. 4 IMPROVEMENTS — Tuckpointing and Painting MOT CSVI Project, Contract No. CNTRT-00004606 ITEM NO. DESCRIPTION UNIT _ ESTIMATED QUANTITY UNIT BID PRICE TOTAL BID PRICE BASE BID 1 TUCKPOINTING SQFT 5,000 $ 3 1r $ 18 7 0 t� 2 PAINTING SQFT 5,400 $ a, L) 5 $ 13 )Sa _a- r TOTAL BID SS 1 lq 70 1 4. The Airport reserves the right to award the contract based on the Total Bid. 5. The undersigned understands that the above quantities of work to be done are approximate only and are intended principally to serve as a guide in evaluating the bids. All quantities are subject to increase or decrease and are to be performed at the unit prices stipulated herein. 6. It is understood that the schedule of minimum wage rates, as established by the Secretary of Labor and included in the -Specifications, are to govern on this -project, and the undersigned certifies that he has examined this schedule of wage rates and that the prices hid are based on such established wage rates. 7. • The bidder shall make good faith efforts, as defined in Appendix A of 49 CFR.Part 26, Regulations of the Office of the Secretary of Transportation, to subcontract zero10%) percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). Individuals who .are rebuttably presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. The apparent successful competitor will be required to submit information concerning the DBE's that will participate in the contract. The information will include the name and address of each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract. If the bidder fails to achieve the contract goal stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. In the event that the apparent successful competitor For this solicitation qualified as a DBE, the contract goal shall be deemed to have been met. A bid that fails to meet these requirements will be considered nonresponsive. 8. The undersigned certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he•does not permit his employees to perform their services titany.location, under his control, where segregated facilities are maintained. The undersigned certifies. further that he will not maintain. or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The undersigned agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, tismeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in .fact segregated on the.basis of raco, color, religion, or national origin, because of habit, local custom, or any other reason. The undersigned agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his fifes. 9. The undersigned agrees, upon written notice of the acceptance of this bid, within ninety (90) days after the opening • of the bids; that he will execute the Contract in accordance withthe bid as•accepted and give Contract (Perfor-rnancc and Payment) bond on attached forms within fifteen (15) days after the prescribed forms are presented for signature. IDOT CSVI Project No. 9I230ALO200 CONTRACT NO. 4606 P.2 PROPOSAL FORM Hangar No. 4 Tuekpoinling and Painting AECOM 60703079 Page 108 of 545 10. The undersigned understands, award of contract is contingent upon receipt of project funding from the Federal Aviation Administration. If funding is not received, bid bonds will be returned to all bidders and the project will be postponed. 11. The trndersi} ied further agrees that if awarded the Contract, he will commence the work within ten (10) calendar days after the receipt of a "Notice to Proceed" and that he will substantially complete all work according to the terms of the entire contract within Sixty (60) calendar days from the date established in the Notice to Proceed. An extension of time may be allowed when extra or additional work is ordered by the Engineer. 12. The undersigned agrees that within 30 days after award of this contract, the Contractor/Subcontractor shall Ole a compliance report (Standard Form 100) if s/he has not submitted a complete compliance report within 12 months proceeding the date of award. This report is required if the Contractor/Subcontractor meets all of the following conditions: a. Contractors/Subcontractors are not exempt based on 41 CFR 60-1,5. b.) Has 50 or more employees. c. Is a prime contractor or first tier subcontractor. d. There is a contract, subcontract, or purchase order amounting to $50,000 or more. i)13. To satisfy Clear Air and Water Pollution Control Requirements on all Construction Contracts and Subcontracts exceeding $100,000.00 Contractors and Subcontractors agree: a. That any facility to be used in the performance of the Contract or to benefit from the Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. b. To comply with all the requirements of Section 306 of the Clean Air Act (42 USC 1857(11)), and Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Regulations (40 CFR Part (15)). c. That as a condition for award of a Contract he shall notify the awarding official of the receipt of any communication from EPA indicating that a facility to be utilized for performance of or benefit from the Contract is under consideration to be listed on the EPA List of Violating Facilities. d. To include or cause to be included in any Contract or Subcontract which exceeds $100,000.00 the aforementioned criteria and requirements. 14. The contractor, by submission of this offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States trade Representative (IJSTR). b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign country on said list or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country MOT CSVT Project No. 91230AL0200 CONTRACT NO. d606 P-3 PROPOSAL FORM Hangar No. 4 7'tFckpointing and Painting AECOM 60703079 Page 109 of 545 on the said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate ‘vritten notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. `Ilse subcontractor agrees to provide immediate written notice to the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when staking the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract or subcontract for default at no cost t0 the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinar-y course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 15. The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify this statement, it shall attach an explanation to this solicitation/proposal. 16. As evidence of good faith in submitting this Proposal, the undersigned encloses bid security in the amount of five (5) percent of the bid which, in case he refuses or fails to accept an award and to enter into a Contract and File the required bonds within the prescribed time, shall be forfeited to the Waterloo Regional Airport as liquidated damages- 17. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's finn is a person or Firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). 18. No part of this contract shall be subcontracted to any person or fine ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). 19. The undersigned hereby declares that the only parties interested in this Proposal are named herein, that this Proposal is made without collusion with any other person, first, or corporation, that no member of the Council, Waterloo Regional Airport or agent of the City of Waterloo, Iowa, is directly or indirectly financially interested in this bid. 20, in submitting this bid, it is understood that the right to reject any and all bids has been reserved and that this bid may not be withdrawn for a period of ninety (90) days front the opening tliereof. 21. Contractor certifies that all employees employed by Contractor or any subcontractor working on behalf of the Contractor are in compliance with the Inunigration Reform Control Act of 1986 (IRCA) and indemnifies the Owner ITiOT CSVI Project No. 91230AL0200 CONTRACT NO. 4606 P-a PROPOSAL FORM Hangar No. 4 Tuckpointing and tainting AECONI 60703079 Page 110 of 545 and holds harmless Owner for any violations of 1RCA as a result of the Contractor's employees or his subcontractor's employees working on behalf of the Contractor on the Owner's project. 22. The undersigned certifies, to the best of his or her knowledge and belief that: a. No Federal appropriated funds shall be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee ofany agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. b. if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee ofany agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant, the Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities", in accordance with its instructions. c. The Undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, "title 3l, U.S. Code. Any person who fails to tile the required certification shall be subject to a civil penalty of not less than $ l 0,000 and not more than $200,000 for each such failure. 24. Dnig Tree Workplace, Act of 1988. a, By submission of this offer, the offeror, if other than an individual, who is making an offer that equals or exceeds $25,000, certifies and agrees that with respect to all employees of the offeror to he employed under a contract resulting from this solicitation, it will --no later than 30 calendar days after contract award (unless a longer period is agreed to in writing, for contracts of 30 calendar days or more performance duration;) or as soon as possible for contracts of less than 30 calendar days performance duration, but in any case, by a date prior to when performance is expected to be completed -- (I) (2) Publish a statement notifying such employees that the unlawful manufacturer, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition. Establish an on -going drug -free awareness program to inform such employees about -- (a) (b) (0) (d) The dangers of drug abuse in the workplace. The Contractor's policy of maintaining a drug -free workplace. Any available drug counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph a. (1) of this provision. MOT CSVE Project No. 91230AL0200 CON't RAC I' NO. 4606 p-5 PROPOSAL FORM Hangar No.4 `1uckpoinring and Painting AECOM 60703079 Page 111 of 545 (4) Notify such employees in writing in the statement required by subparagraph a.(l) of this provision that, as a condition of continued employment on the contract resulting from this solicitation, the employee will-- (5) (a) Abide by the terms of the statement; and (b) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction. Notify the Contracting Officer in writing within 10 calendar days after receiving notice undersubdivisiott a. (4) (b) of this provision, -from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; and (6) Within 30 calendar days after receiving notice under subdivision a.(4)(b) of this provision of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace. (7) (a) (b) Take appropriate personnel action against such employee, up to and including termination; or Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. Make a good faith effort to maintain a drug -free workplace through implementation of subparagraphs a. (1) through a. (6) of this provision. b. By submission of its offer, the offeror, if an individual who is making an offer of any dollar value, certifies and agrees that other offeror will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of the contract resulting from this solicitation. c. Failure of the offeror to provide the certification required by paragraphs a. or b. of this provision, renders the offeror unqualified and ineligible for award. [See FAR 9.104-1(g) and 19.602-1a.(2)(a)]. d. In addition to other remedies available to the Government, the certification in paragraphs a. or b. of this provision concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under title 18, United States Code, Section 1001. 25. Attachment to This Bid. The following documents are attached to and made a part of this Bid: a. Bid Guaranty in the Corm of A ff 4 b. Non -Collusion Affidavit of Prime Bidder. c. Statement of Intent —Non-Discrimination and Equal Opportunity Statement. d. Buy American Certification Statement. e. Bidder's Information Sheet. f. Synopsis of Experience Record. (IDOT Certification may be substituted.) g. Completed DBE forms "Utilization Statement" and "Letter of Intent." 1DOT CSVI Project No. 91230AL0200 CONTRACT NO.461.16 P-6 PROPOSAL FORM Hangar No.4'tiickpointing and Painting AECOM 6t}703a79 Page 112 of 545 26. The Bidder shall indicate whether the bid is submitted by-a/an: ❑ individual, Sole Proprietorship ❑ Partnership Corporation ❑ Joint -venture: all parties must join -in and execute all documents ❑ Other Respectfully submitted, By Bidder %010,d4clarittI V Signature Title I ---) r)a co... Kk a S W 1&o 1 �A .s376a Address (include Zip Code) 3� q-a33 g Telephone No. MOT CSVT Project No, 91230ALO200 CONTRACT I NO. 4606 P-7 PROPOSAL FORM i-lpngur No. 4 Tuckpointing And Painting AECOM 60703079 Page 'i 13 of 545 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of IOW P ) )ss County of Btcook,.v., ) that: as\ Re 4--ec. , being first duly sworn, deposes and says (1) He is (Owner lPartner, fficer, Representative, or Agent) of FPS4-8ril.4L`L l V Z-LtS1 t wk.0 , , the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid. (3) Such bid is genuine and is not a collusive or sham bid. (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Biddle( or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me this 2-1:; day of r , 20 a) Title My Comtnission Expires '! (r , 20Z (Signed) Title V Ao *"'"" •. JONATHAN W BARI ' COMMISSION NO.1305920 * * MY COMMISSION EXPIRES 'ova IDOT CSYI Project No. 91230AL0200 P-S PROPOSAL FORM CONTRACT NO. 4606 AECOM 60703079 Page 114 of 545 STATEMENT OF INTENT NONDISCRIMINATION AND EQUAL OPPORTUNITY STATEMENT The Contractor does hereby certify to the Waterloo Regional Airport, that no person shall, in any way, be favored or discriminated against because of his race, political or religious opinions and affiliations, national origins, sex, age, sexual orientation, gender identity, disability, color, creed, marital status, employee union or association membership or oftiee herein. If selected as the successful bidder, this contractor hereby agrees to file either a nondiscrimination and equal opportunity statement and/or an Affirmative Action Program. Improvements to the Waterloo Regional Airport consisting of HANGAR No. 4 IMPROVEMENTS — Tuckpointing and Painting IDOT CSVI Project, Contract No. CNTRT-00004606 COMPANY '1)( EXECUTIVE OFFICER Da R€4e� AFFIRMATIVE ACTION OFFICER ADDRESS OF TILE AFFIRMATIVE ACTION OFFICER 1 7.Z ComwtelCi1s�, Woc.A-61,061/1 S670 Q PHONE NUMBER q ,;33-5-! 1 7 IDOT CSVI Project No. 91230AL0200 P-9 PROPOSAL FORM CONTRACT NO. 4606 AECOM 60713079 Page 115 of 545 BID SUMMARY SHEET WATERLOO REGIONAL AIRPORT HANGAR NO. 4 IMPROVEMENTS (2023) —TUCKPOINTING AND PAINTING IDOT CSVI PROJECT NO. 90230ALO200 IDOT CONTRACT NO. CNTRT-00004606 AECOM PROJECT NO. 60703079 January 25, 2024 ENGINGEER'S ESTIMATE $79,100.00 Base Bid Bidder Bid Security Restoration Services, Inc. Waterloo, IA Tuckpointing Painting Total $18,720.00 $13,250.00 $31,970.00 5% Page 116 of 545 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Paul Huting, Leisure Services Director Leisure Services Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving award of bid to Adams Outdoor Contracting Inc., of Waterloo, Iowa, in the amount of $79.99/acre Option A, $79.99/acre Option C, $249.99/acre Option D, and to Professional Lawn Care LLC, of Waterloo, Iowa in the amount of $82.50/acre Option B, approving the contracts, bonds, and certificates of insurance, in conjunction with the 2024-2026 Right -of -Way Mowing Contract, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approve Contracts SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo utilizes contractors to mow many of the City's right of ways including the following: - San Marnan Drive - US Hwy 218 - US Hwy 20 overpasses - Greenhill Road - University Ave - Martin Luther King Jr. Drive - Broadway Street - Dubuque Road - US Hwy 63/ Logan Ave. including Hanover St. - Crossroads Blvd. - Carriage Hill Drive Drainage Ditch Pricing for this contract will be honored for three years including the 2024-2026 mowing seasons. Leisure Services has been using private mowing contractors to mow these right of way areas for 30+ years. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 117 of 545 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES 4100-1390 Contracted Services Option A: $79.99/acre Option B: $82.50/acre Option C: $79.99/acre Option D: $249.99/acre Option E: $774.80/mowing ALTERNATIVE ACTION Purchase more mowing and transport equipment, hire more City maintenance employees and mow these areas "in-house." LEGAL DESCRIPTION ATTACHMENTS 1. 2024 Bid Tab 2. 2024 Contract for ROW -Adams Outdoor Contracting Inc 3. 2024 Contract for ROW -Professional LC 4. 2024 Contract Mowing Bid Documents Page 118 of 545 CITY OF WATERLOO LEISURE SERVICES COMMISSION BID TAB 2024-2026 RIGHT-OF-WAY MOWING The Waterloo Leisure Services Commission is seeking bids for 2024-2026 RIGHT-OF-WAY MOWING. Bid Opening February 29, 2024. PER ACRE OPTIONS A, B, C, D PER MOWING OPTION E NAME & ADDRESS BID OPTION A BID OPTION B BID OPTION C BID OPTION D BID OPTION E BID SECURITY Adams Outdoor Contracting Inc. 79.99 97.99 79.99 249.99 799.99 $3,000 check Professional Lawn Care 86.75 82.50 89.75 376.50 774.80 $3,000 check Page 119 of 545 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for 2024-2026 RIGHT-OF-WAY MOWING This Contract for Right -of -Way Mowing (the "Contract") is made and entered into on March 18, 2024, by and between the City of Waterloo, Iowa (the "City"), and Adams Outdoor Contracting Inc. (the "Contractor"). This contract covers the mowing seasons in calendar year 2024-2026. WITNESSETH: 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 and shown on the Plans. 2. The Contract Documents shall consist of the following: a. This Contract b. Notice of Hearing c. Instruction to Bidders d. Signed copy of Bid e. General Conditions f. Specifications g. Plans 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. 3. The Contractor agrees to commence the work within ten (10) days after the City issues a "Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water 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. 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, Mowing Contract - Page 1 of 4 Page 120 of 545 City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have 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 will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all services performed through 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 7 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 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. 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 Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk Adams Outdoor Contracting Inc. 124 Center Street Waterloo, Iowa 50703 Attn: Robert Adams 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. 13. 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 Mowing Contract - Page 2 of 4 Page 121 of 545 as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent contractor. 14. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 15. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 16. 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. 17. 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 Right -of -Way Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA Mayor City Clerk CONTRACTOR Adams Outdoor Contracting Inc. By: Title: Mowing Contract - Page 3 of 4 Page 122 of 545 Exhibit A- Rates Option A: Price per acre: Seventy Nine & 99/100 dollars ($79.99) Option C: Price per acre: Seventy Nine & 99/100 dollars ($79.99) Option D: Price per acre: Two Hundred Forty Nine & 99/100 dollars ($249.99) Mowing Contract - Page 4 of 4 Page 123 of 545 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for 2024-2026 RIGHT-OF-WAY MOWING This Contract for Right -of -Way Mowing (the "Contract") is made and entered into on March 18, 2024, by and between the City of Waterloo, Iowa (the "City"), and Professional Lawn Care LLC (the "Contractor"). This contract covers the mowing seasons in calendar year 2024-2026. WITNESSETH: 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 and shown on the Plans. 2. The Contract Documents shall consist of the following: a. This Contract b. Notice of Hearing c. Instruction to Bidders d. Signed copy of Bid e. General Conditions f. Specifications g. Plans 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. 3. The Contractor agrees to commence the work within ten (10) days after the City issues a "Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water 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. 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, Mowing Contract - Page 1 of 4 Page 124 of 545 City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have 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 will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all services performed through 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 7 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 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. 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 Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk Professional Lawn Care LLC PO Box 1942 Waterloo, Iowa 50704 Attn: Andrew Lickteig 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. 13. 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 Mowing Contract - Page 2 of 4 Page 125 of 545 as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent contractor. 14. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 15. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 16. 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. 17. 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 Right -of -Way Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA Mayor City Clerk CONTRACTOR Professional Lawn Care LLC. By: Title: Mowing Contract - Page 3 of 4 Page 126 of 545 Exhibit A- Rates Option B: Price per acre: Eighty Two & 50/100 dollars ($82.50) Mowing Contract - Page 4 of 4 Page 127 of 545 CITY OF WATERLOO LEISURE SERVICES COMMISSION 2024-2026 RIGHT-OF-WAY MOWING The Waterloo Leisure Services Commission is seeking bids for 2024-2026 RIGHT-OF-WAY MOWING. BID REQUEST Sealed bids are due 1:O0pm, Thursday, February 29, 2024, to the City Clerk at her office at City Hall, 715 Mulberry Street, Waterloo, IA 50703. Bids must be submitted on the Waterloo Leisure Services Bid Form. Bids will be opened in the City Council Chambers in City Hall, Waterloo, Iowa on Thursday, February 29, 2024, at 1:00pm. Public hearing on the project will be conducted Monday March 4, 2024 at the regularly scheduled 5:30pm City Council Meeting in the second floor Council Chambers. The City of Waterloo reserves the right to reject any and/or all bids. When submitting bid, please note on the lower, left-hand corner of envelope: Waterloo Leisure Services Commission 2024-2026 RIGHT-OF-WAY MOWING All work to meet City of Waterloo codes. Questions, please contact JB Bolger, Park Superintendent, at Leisure Services, 291-4370, Monday through Friday 7:00 a.m. to 4:00 p.m. Page 128 of 545 CITY OF WATERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2024-2026 RIGHT-OF-WAY MOWING RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, on Thursday, February 29, 2024, until 1:00pm., for the 2024-2026 RIGHT-OF-WAY MOWING as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All proposals received for the 2024-2026 RIGHT-OF-WAY MOWING will be opened in City Council Chambers, second floor at City Hall, Waterloo, Iowa, on February 29, 2024, at 1:00 p.m., and the proposals will be referred to the Waterloo Leisure Services Commission for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2024-2026 RIGHT-OF-WAY MOWING at 5:30 p.m. on Monday, March 4, 2024. The contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary to mow the designated right-of-way areas in accordance with these plans and specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be the 2024-2026 growing season (approximately May lst to October 15th each year). Page 129 of 545 PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services Commission. The bidder shall bid on a per unit price (WITH EACH "Option" treated as a separate unit) as shown on the Bid Form. Each unit should be bid as a stand-alone item and not merely as a component of a total bid package that includes all options together. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Three Thousand Dollars ($3,000.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The Leisure Services Commission has divided the mowing contract into three (3) areas as indicated on the Bid Form. Each is severable from the others and may be the subject of a separate contract. The City shall award one or more Contracts to the responsible Bidder(s) whose bid, conforming to the Specifications and without regard to whether the bid is made on a per -Option or a total basis, is most advantageous to the City and the Waterloo Leisure Services Commission, price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waterloo Leisure Services Commission such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of acres mowed the previous period. A detailed bill of completed work must be received by the Waterloo Leisure Services Commission before payment can be made. Actual number of acres mowed must agree with numbers recorded by the Leisure Services Commission. Page 130 of 545 Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the day of , 2024 City of Waterloo, Iowa, Kelley Felchle, City Clerk Page 131 of 545 CITY OF WATERLOO, IOWA Waterloo Leisure Services INSTRUCTION TO BIDDERS I. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by Waterloo Leisure Services. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. Page 132 of 545 V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBEIWBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Leisure Services, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Waterloo Leisure Services Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Waterloo Leisure Services all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Waterloo Leisure Services that the Bidder is qualified to carry out properly the terms of the Contract. Page 133 of 545 IX. CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. C. The failure of the successful bidder to execute such agreement and to supply the required insurance within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re -advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the City or Waterloo Leisure Services for a refund. X. SEVERABILITY Either party may choose to terminate this contract or agreement by providing written notice during the month of January. Page 134 of 545 CITY OF WATERLOO, IOWA Waterloo Leisure Services GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain City of Waterloo Right Of Ways and/or properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure Services/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. Page 135 of 545 Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Leisure Services. The Contractor shall avoid damage to existing trees, shrubs, turf, sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and mowing equipment. This protection shall be formed by creating a one foot clear zone radius around all trees and shrubs. This clear zone may be created by chemical application of properly applied non -selective herbicide or by use of string trimmers. Herbicide application is permissible only after providing a copy of the applicators current State of Iowa Commercial Pesticide Applicators License and a copy of the chemical label proposed to be used to Waterloo Leisure Services Staff. If using a string trimmer care shall be taken not to damage trees with this tool. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Page 136 of 545 Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury(including wrongful death) Aggregate, Products and Completed Operations Property Damage Comp. Auto Bodily Injury Property Damage $5,000,000.00 per person $5,000,000.00 $5,000,000.00 per accident $5,000,000.00 per person $5,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of $5,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. Page 137 of 545 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION SPECIFICATIONS for 2024-2026 RIGHT-OF-WAY MOWING THREE YEAR CONTRACT The specifications listed below and the details of these bid documents shall be in place for three mowing seasons. The bidder shall honor their price for each bid item for the 2024, 2025, and 2026 mowing seasons. SCOPE OF WORK The Contractor shall provide all labor and material necessary to mow the designated right-of-way and other turf areas in accordance with these specifications. MOWING LOCATIONS The following are the locations to be mowed. Included in the mowing areas are medians, shoulders, ditches, frontage, and water detention and drainage areas. The acreages listed are approximate only and shall be verified by the bidder. The Leisure Services Commission reserves the right to modify and verify actual acreages mowed throughout the season. Budget constraints and actual growing conditions may impact actual number of mowings allowed. UNIVERSITY AVE: DUE TO THE ADDITION OF MANY NEW TREES AND THIN/ESTABLISHING TURF- CONTRACTOR MUST USE ONLY REAR -WHEEL STEER- OUTFRONT STYLE MOWERS ON UNIVESITY AVE. EXAMPLES OF THIS EQUIPMENT ARE: • JOHN DEERE 1580 • TORO GROUNDSMASTER 3200/3300 ANY MOWER USING ZERO TURN TECHNOLOGY IS EXPRESSLY FORBIDEN TO BE USED IN THE UNIVERSITY AVE CORRIDOOR. Broadway St. (22 acres) Parker St. to Airport Blvd. Dubuque Road (8.2 acres) Nevada St. to Evansdale city limits San Marnan Dr. (36.6 Acres) West 4th to Texas St. US 218 corridor (69.7 acres) US 63 interchange to San Marnan Dr. Highway 20 overpasses (7 acres) Hammond Ave., Kimball Ave., Ansborough Ave., W.4th St. Martin Luther King Jr. Dr. (23 acres) Franklin St. to Idaho Police Training Center (2.6 acres) Martin Luther King & Elk Run Rd Greenhill Road (28 acres) Cedar Falls city limits to US 218 interchange University Avenue (14.5 acres) Midway Dr. to US 63 Logan Ave/ HWY 63 (9.1 acres) Medians and public right of way Newell Street to Ralston Road including Hanover Street right of way between road and RR Tracks. SITE CLEAN-UP Prior to each mowing the Contractor shall remove all trash and debris including paper, tree branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Leisure Services Commission. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by snow plow & snow removal operations. This Page 138 of 545 includes adding soil and seeding damaged areas as needed. Downed tree branches need to be removed before each mowing, do not pile them adjacent to trees and leave behind. To include the responsibility for legally disposing of animal carcasses by contacting the City of Waterloo Animal Control Office at 319-883-0797. SCHEDULING OF WORK Areas to be mowed shall be divided into categories for type and frequency of mowing. The listed schedules are for bid purposes only. The Leisure Services Commission may add or delete mowing of areas based on growing conditions and budget considerations. The following right-of-way areas shall be mowed on a by -weekly basis from approximately May 1st to October 15 (maximum 12 mowings). 1) Greenhill Road (28 acres) 2) San Marnan Dr. (36.6 acres) Medians, north & south frontage from West 4th to Texas St. 3) University Ave. (14.5 acres) NOTE: Expanded 1.5 acres from the last contract to include mowing in and around Northstar Community Services water detention basin. 4) US 218 corridor —(69.7 acres) US 63 interchange to San Marnan Dr. 5) Martin Luther King Jr. Dr. (23 acres from Franklin St. to Idaho St.) 6) Logan Ave/ HWY 63 North (9.1 acres Newell St. to Ralston Rd.) NOTE: Homeowner on the Southwest corner of the Parker/Logan intersection will complete the mowing in the right of way in front of their home. This portion of the contract is expanded one acre from the last contract to include mowing the right of way along Hanover Street adjacent to the rail road tracks. 7) Crossroads Blvd (2 acres) The following right-of-way areas shall be mowed on a biweekly basis from approximately Mayl to June 15, and monthly from June 15 to October 15, for a maximum of 8 mowings based on growing conditions and budget restraints. 1) Broadway St (22 acres) 2) Dubuque Rd. (8.2 acres) 3) Hwy 20 overpasses (7 acres) The following location shall be mowed on a weekly basis from approximately May 1 to June 15. 1) Police Training Center (2.6 acres Martin Luther King & Elk Run Rd.) The following location shall be mowed on a monthly basis from approximately May 1 to October 15. 1) Carriage Hill Drive Drainage Ditch (0.5 acres est) Page 139 of 545 GRASS CUTTING Grass shall be cut to an even height of four inches (3"). Grass cutting shall be accomplished in a manner so as not to result in scalping, bunching, rutting, uneven or rough cutting. All scalping, bunching, rutting or uneven cutting shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. Grass clippings shall not be blown onto road surfaces in accordance with applicable laws and City ordinances. In areas such as narrow medians clippings shall be bagged or mulched straight down. Ultimately clippings may not land and stay on any road surfaces. TRIMMING Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences, and other objects to match the height and appearance of the surrounding vegetation. Vegetation growing over curbs and into roadways and sidewalk edges shall be trimmed. This shall include trimming around any additional plant materials that may be installed as new landscaping. Use of herbicides to reduce trimming requirements will be allowed with prior authorization from the Leisure Services Commission and applied by qualified state approved person with commercial applicator license. Copy of applicators current license must be provided to the Leisure Services Commission before any such application be completed. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences, benches, utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to the Leisure Services Commission. All work shall be done in a manner so as not to result in damage to trees or shrubs. At no time shall any mowing or trimming equipment come in contact with any tree or shrub. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the City Forester with no additional cost to the Leisure Services Commission. The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely manner. Types of equipment REQUIRED for this contract: Line trimmers Walk -behind mowers Bagging/ mulching mowers Four wheel drive slope running tractor/mower MINUMUM (3) Commercial outfront rotary mowers- 72" or larger deck MINUMUM (3) Utility tractors with Landpride or comparable 14 to 22' tow -behind finish mowers Page 140 of 545 ZERO TURN EQUIPMENT IS NOT ALLOWED ON UNIVERSITY AVE OR FOR MOWING IN ANY AREAS AROUND TREES. MUST USE REAR WHEEL STEER COMMERCIAL OUTFRONT MOWERS SUCH AS JOHN DEERE 1580 OR TORO 3200/3300. Equipment listed on the Bid Form will be reviewed by Leisure Services Commission to determine whether it is adequate for this mowing contract. IF REQUESTED THE BIDDER WILL BE REQUIRED TO PRODUCE REQUIRED EQUIPMENT FLEET FOR REVIEW AT THE LEISURE SERVICES OFFICE-1101 CAMPBELL AVE. WATERLOO, IOWA 50701. WATERLOO LEISURE SERVICES STAFF WILL NOT TRAVEL OUTSIDE CITY LIMITS TO CONDUCT REQUIRED EQUIPMENT FLEET REVIEWS. Page 141 of 545 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) ) County of ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title S wirs,cv'i,Ue cL c c& s-war'w to- before/ itt,e/ tl clay of , 2024. S L 4 wtt tve' rim My e4cpiv'e,s- Page 142 of 545 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of hereinafter referred to as the "Subcontractor"; 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2024-2026 RIGHT-OF-WAY MOWING CONTRACT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title S wb-s-cv'%b-ec7 curtdi worn/ to- lrefo-re' wi e/ thi% clay of , 2024. Su 'wttwre' Titles My e ixes/ Page 143 of 545 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program — Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. Page 144 of 545 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date Page 145 of 545 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT OF BIDDERS QUALIFICATIONS PAGE 1 OF 2 Page 146 of 545 Dated this day of , 20 State of ) ) ss County of ) Name of Bidder By: Title: , being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires , 20 STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 Page 147 of 545 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER". In the penal sum dollar s ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 20, for NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 20 Witness Principal By Surety (Seal) (Title) (Seal) By Witness Attorney -In -Fact Page 148 of 545 BIDDER: CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM for 2024-2026 RIGHT-OF-WAY MOWING ADDRESS: COMPANY NAME PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, Waterloo, Iowa, and the Waterloo Leisure Services Commission, 1101 Campbell Ave., Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed RIGHT-OF- WAY MOWING, in accordance with the contract documents and for the unit price in place for the following amount: OPTION A: provide all mowing services for: • Broadway St. (22 acres) Parker St. to Airport Blvd. • Dubuque Road (8.2 acres) Nevada St. to Evansdale city limits • San Marnan Dr. (36.6 acres) W.4th St. to Texas St. • US 218 corridor (69.7 acres) US 63 interchange to San Marnan Dr. • Highway 20 overpasses (7 acres) Hammond Ave., Kimball Ave., Ansborough Ave., W.4th St. • Martin Luther King Jr. Dr. (23 acres) Franklin St. to Idaho. • Police Training Center (2.6 acres) Martin Luther King & Elk Run Rd. Total 169.1 acres Price Per Acre: dollars ($ OPTION B: provide all specified mowing services for • University Ave. (14.5 acres) and • Greenhill Road (28 acres) Total 42.5 acres Price Per Acre: dollars ($ ) ) Page 149 of 545 OPTION C: provide all specified mowing services for Logan Ave/Hwy 63 (9.1 acres) Price Per Acre: dollars($ ) OPTION D: provide all specified mowing services for Crossroads Blvd (2 acres) Price Per Acre: dollars($ OPTION E: provide all specified mowing services for Carriage Hill Drive Drainage Ditch (0.5 acres est.) Price Per MOWING: dollars($ ) 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of dollars ($ ) in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 5. Attached is a Non -Collusion Affidavit of Prime Contractor. 6. The Bidder is prepared to submit a financial and experience statement upon request. 7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / / 9. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre -bid Contract Information Form submitted with Page 150 of 545 this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non -collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 10. The Bidder shall list all equipment available for this project: 11. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: / / Name and Title Page 151 of 545 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving award of bid to Mike Fereday Heating & Air Conditioning of Waterloo, Iowa, in the amount of $26,753.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Hangar No. 4 HVAC Replacement, IDOT FY-23 CSVI Project, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 152 of 545 1. Mike Fereday Heating & Air Condidioning Contract 2. General Liability Insurance 3. Personal Property Insurance 4. Certificate of Liability Insurance Page 153 of 545 CONTRACT FOR HANGAR NO. 4 IMPROVEMENTS (2023) Shop HVAC Replacement AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA THIS AGREEMENT, made and entered into this day of , 2024, by and between the Waterloo Regional Airport for the City of Waterloo, Black Hawk County, Iowa, hereinafter referred to as the "Owner" and Mike Fereday Heating & Air Conditioning (a corporation organized and existing under the laws of the State ofTel} ), (a partnership consisting of WV-04-04 +-TN. 1066(an individual trading as ) of i]&4etivv , in the State of Iowa, hereinafter referred to as the "Con ractor." WITNESSETH: That the Contractor for and in consideration of Twenty -Six Thousand Seven Hundred Fifty -Three and No/100 Dollars ($26,753.00), based on the unit bid prices payable as set forth in the Specifications constituting a part of this Contract, hereby agrees to construct in accordance with the Plans and Specifications therefore, and in the location designated on the Plans, the various items of work awarded said Contractor on the day of , 2024, as follows, being numbered one (I) through four (4) as shown in schedule of prices bid in the attached Proposal which is a part of this Contract. Said Specifications and Plans are hereby made a part of and the basis of this Agreement and a true copy of said Plans and Specifications is now with the Waterloo Regional Airport in the office of the Director of Aviation, Waterloo, Iowa, under date of , 2024. I. That in consideration of the foregoing, the Owner hereby agrees to pay the Contractor promptly and according to the requirements of the Specifications, the amounts set forth, subject to the conditions as set forth in the Specifications. 2. That it is understood that the parties named herein are the only persons interested in this Contract and principals. 3. That the Contractor has examined the site of the proposed work, Plans, Specifications, and Contract Documents in order that he Haight become familiar with the character, quality, and quantity of the work to be performed, the materials to be furnished and the requirements of the Specifications, and Contract Documents. 4. It is hereby further agreed that any reference herein to the "Contract" shall include all "Contract Documents" for the Waterloo Regional Airport, IDOT CSVI Project no. 91230AL0200, Contract No. CNTRT-0000-4606 Hangar No. 4 Improvements — Shop HVAC Replacement and said "Contract Documents" are hereby made a part of this agreement as fully as if set out at length herein, and that this contract is limited to the items in the proposal as signed by the "Contractor" and included in the "Contract Documents." 5. That the Contractor shall not commence any work to be performed under this Contract until he has obtained from responsible insurance companies, all insurance required, as set forth in the General Provisions and that the Contractor shall maintain this insurance in full force and effect until the work to be performed under this Contract has been accepted by the Owner. 6. That the Contractor shall not start working on any alterations requiring a supplemental agreement until the agreement setting forth the adjusted price shall be executed by the Owner and the Contractor. 7. That the Contractor, at all times, shall observe and comply with all federal, state, territory or possession and local laws, codes, ordinances and regulations in any manner affecting the conduct of the work, and the Contractor and his surety shall indemnify and save harmless the Owner and all his officers, Engineer, agents and servants IDOT CSV1 Project No. 91230AL0200 CONTRACT NO. 4606 C-1 CONTRACT Hangar No. 4 Shop HVAC Replacement AECOM 60703079 Page 154 of 545 against claims or liability arising from or based on the violation of any such law, ordinance, deregulation, order or decree, whether by himself or his employees. 8. That it is further understood and agreed by the parties to this Contract that the above work shall be commenced within 10 days after "Notice to Proceed" and shall be completed according to the terms of the entire contract within ninety (90) calendar days from the date established in the Notice to Proceed. 9. The Contractor understands and agrees that all certifications made by the Contractor within the Proposal shall apply under this Agreement as if fully rewritten herein. The Contractor further certifies the following: a. Certification of Eligibility (29 CFR Part 5.5) (1) The penalty for making false statements is prescribed in the U.S. Criminal Code 18 U.S.C. 10. It is further understood that any action in court against the Contractor because of damage to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the Specifications, or on account of the failure of said Contractor to fully comply with these provisions, shall be brought in the District Court of the State of lowa in and for Black Hawk County. 11. Second Party shall maintain all work done hereunder in good order for a period of 12 months from and after the date it is accepted by the Waterloo Regional Airport, City of Waterloo, Iowa, which maintenance shall be without expense to First Party or the abutting property. In the event of the failure or default of Second Party to remedy any or all defects appearing in said work within a period of 12 months from the date of its acceptance by said Board and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said City, addressed to said Contractor at the address herein given, then First Party may proceed to remedy such defects and the cost and expenses thereof may be recovered from said Second Party and the sureties on its bond by action brought in any court of competent jurisdiction, but such suit may be brought in the District Court of Black Hawk County, Iowa. IN WITNESS WHEREOF, the parties hereto have set their hands for the purpose herein expressed to this and three other instruments of like tenor, as of the day of , 2024. ATTEST: Secretary CITY OF WATERLOO By Mayor CONTRACTOR Mike Fereday Heating & Air Conditioning By Firm Name Signature Title f.,?7 /Je7 - Business Address Witness Witness !DOT CSVI Project No. 91230AL0200 C-2 CONTRACT CONTRACT NO. 4606 Hangar No. 4 Shop HVAC Replacement AECOM 60703079 Page 155 of 545 Attachment t"Att Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 All: PROPOSAL FORM FOR HANGAR NO, 4 IMPROVEMENTS (2023) Shop HVAC Replacement AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA The undersigned, being a Corporation existing under the laws of the State of Tot, !�4 a Partnership consisting of the following partners: jVkt kr_ui r . -4-�v�. 1~'e✓'Cdo�.y having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting die cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this Hangar No. 4 Itnprovenients (2023) Shop HVAC Replacement, Contract 4606, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: 2. The extent of (he work involved is as follows. The IDOT CSVI Protect No. 9I230AL0200, Contract No. CNTRT 00004606 protect which consists of the demolition, replacement, and the final connection of one (1) split HVAC system and two (2) natural gas furnace units. Unless otherwise noted, the intention is all existing ductwork and electrical circuits shall be reconnected to the units. Contractor shall upgrade and replace existing thermostats controlling these units. 3. The undersigned, in compliance with your Invitation for Bids dated 2/29 f _. ul , hereby proposes to do the work called for in said Contract and Specifications and shown on said Plans and Addendum Nos. and to furnish all materials, tools, labor and all appliances and appurtenances necessary for the said work at the following rates and prices: IDOT CSVI Project No. 91230AL0200 CONTRACT NO.4606 P-1 PROPOSAL FORM Hangar No. 4 Slop HVAC Replacement AECOM 60103079 Page 156 of 545 ITEMIZED PROPOSAL WATERLOO REGIONAL AIRPORT WATERLOO, IOWA PROJECT: • HANGAR No, 4 IMPROVEMENTS — Shop HVAC Replacement IDOT CSVI Project, Contract No, CNTRT-00004606 ITEM NO. DESCRIPTION 1 I UNIT ESTIMATED QUANTITY UNIT BID PRICE TOTAL BID PRICE BASE BID I DEMOLISH FURNACE SYSTEMS EA 2 $ 65 $ 31 c c 2 INSTALL HVAC SYSTEMS EA 2 $ 9fl g $ I / 63 3 DEMOLISH AJC SPLIT SYSTEM EA I $ 406%9 $ ci/ 9f 7 $ 400,9 $ 9rf 9l % 4 INSTALL A/C SPLIT SYSTEM EA I TOTAL BID $ Ail 153 4, The Airport reserves the right to award the contract based on the Total Bid. 5. The undersigned understands that the above quantities of work to be done are approximate only and are intended principally to serve as a guide in evaluating the bids. Ali quantities are subject to Increase or decrease and are to be performed at the unit prices stipulated herein. 6. The undersigned agrees, upon written notice of the acceptance of this bid, within ninety (90) days after the opening of the bids, that he will execute the Contract in accordance with the bid as accepted. 7. The undersigned further agrees that if awarded the Contract, he will commence the work within ten (10) calendar days after the receipt of a "Notice to Proceed" and that he will substantially complete ail work according to the terms of the entire contract within ninety (90) calendar days from the date established in the Notice to Proceed. An extension of time may be allowed when extra or additional work is ordered by the Engineer. 8. The undersigned agrees that within 30 days after award of this contract, the Contractor/Subcontractor shall file a compliance report (Standard Form 100) if s/he has not submitted a complete compliance report within 12 months proceeding the dale of award. This report is required If the Contractor/Subcontractor meets all of the following conditions: a. Contractors/Subcontractors are not exempt based on 41 CFR 60-1,5. b. Has 50 or more employees. c. Is a prime contractor or first tier subcontractor. d. There is a contract, subcontract, or purchase order amounting to $50,000 or more. 9. To satisfy Clear Air and Water Pollution Control Requirements on all Construction Contracts and Subcontracts exceeding $100,000.00 Contractors and Subcontractors agree: a. That any facility to be used in the performance of the Contractor to benefit from the Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities, b. To comply with all the requirements of Section 306 of the Clean Air Act (42 USC 1857(h)), and Section 508 of the Clean Water Act (33 IISC 1368), Executive Order 11738, and Environmental Protection Regulations (40 CFR Part (15)). MOT CSVI Project No. 91230AL0200 CONTRACT NO. 4606 P-2 PROPOSAL FORM Hangar No. 4 Shop HVAC Replacement AECOM 60703079 Page 157 of 545 c. That as a condition for award of a Contract he shall notify the awarding official of the receipt of any communication from EPA indicating that a facility to be utilized for performance of or benefit from the Contract is under consideration to be listed on the EPA List of Violating Facilities. d. To include or cause to be included in any Contract or Subcontract which exceeds $100,000.00 the aforementioned criteria and requirements. 10. The contractor, by submission of this offer and/or execution of a contract, certifies that it: a. Is not owned or controlled by one or more citizens or nationals of a foreign country included in the List of countries that discriminate against U.S. firms published by the Office of the United States trade Representative (USTR). b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign country on said list or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list, 11. The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify this statement, it shall attach an explanation to this solicitation/proposal, 12. The undersigned hereby declares that the only parties interested in this Proposal are named herein, (hat this Proposal is made without collusion with any other person, firm, or corporation, that no member of the Council, Waterloo Regional Airport or agent of the City of Waterloo, Iowa, is directly or indirectly financially interested in this bid. 13. In submitting this bid, it is understood that the right to reject any and all bids has been reserved and that this bid may not be withdrawn for a period of ninety (90) days from the opening thereof. 14. Contractor certifies that all employees employed by Contractor or any subcontractor working on behalf of the Contractor are in compliance with the Immigration Reform Control Act of 1986 (1RCA) and indemnifies the Owner and holds harmless Owner for any violations of IRCA as a result of the Contractor's employees or his subcontractor's employees working on behalf of the Contractor on the Owner's project. 15. The undersigned certifies, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds shall be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant, the Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities", in accordance with its instructions. c. The Undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipienls shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction IDOT CSVI Project No. 91230AL0200 CONTRACT NO. 4606 P--3 PROPOSAL FORM Hangar No. 4 Strop HVAC Replacement AECOM 60703079 Page 158 of 545 imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $200,000 for each such failure. 16. Attachment to This Bid. The following documents are attached to and made a part of this Bid: a. Non -Collusion Affidavit of Prime Bidder. b. Targeted Small Business (TSB) Affirmative Action Responsibilities 17. The Bidder shall indicate whether the bid is submitted by a/an: ❑ individual, Sole Proprietorship ❑ Partnership © Corporation ❑ Joint -venture: all parties must join -in and execute all documents O Other Respectfully submitted, By Title Address 5070 2- (include Zip Code) 3f9-Z32 -01oa Telephone No. !DOT CSV! Project No. 91230ALO20O CONTRACT NO.4606 P-9 PROPOSAL FORM Hangar Na 4 Shop HVAC Replacement AECOM 60703079 Page 159 of 545 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of t,ry o� ) 4 )ss County of �lC/.k. 146 t, iiC ) , being first duly sworn, deposes and says that: (I) He is Partner. Officer, Representative, or Agent) of M ;Vt. hevA' At( Gvwlt tidnl'dj the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid. (3) Such bid is genuine and is not a collusive or sham bid. (4) Neither the saki Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of Its a ts, representaives, owners, employees, or parties in interest, including this affiant. (Signed) Title ErP Subscribed and sworn to before me this day of , 20 J-..Wa A40. My Commission Expires 26 Title ASHLEY KREMER esAt Commission Number824976 My C is fo xplree IDOT CSVI Project No. 9I230AL0200 CONTRACT NO. 4606 P-5 PROPOSAL FORM Hangar No. 4 Shop HVAC Replacement AECOM 60703079 Page 160 of 545 Exhibit A CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party Statc-Assisted Projects) September 2020 IDOT CSVr Project No. 91230AL0200 CONTRACT NO. 4606 P.6 CONTRACT Hangar No. 4 Shop HVAC Replacement AECOM 60703079 Page 161 of 545 CONTRACT PROVISION Targeted .Smart Orlsiness(TSB) AfflrmatiVe Action Responsibilities. on Non.Federat-aid Projects (Third -party State -Assisted Projects) 1. TSB DEFINITION A TSB:is a small business, as defined by Iowa Code Section 15.102(10), which is 51% or more owned, operated and actively managed by one or fnore wornen, minority persons, service -disabled veterans or persons with a disability provided the business meets all of the following requirements: is located in this state, is operated lbr profit and has an annual gross Meanie of less than 4 million dollars computed as an average of the three preceding liseni years. 2, TSB REQUIREMENTS `1n ad State -assisted projects made available through the Iowa Iiepatiment of Transportation, local goventntents have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on lows Code Section 1 913.7. These requirements supersede all existing TSB regulations, orders, circulars and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Economic Development Authority Targeted Small Business Cortifieation Program 1963 Bell Avenue, Suite 200 Des Moines, IA 50315 Plume: (515-348-6159) Wohslte: Jitters:Ifiownecotrolnicdeveloplticnt.eon111sb 4. THE CONTRACTOR'S TSB POLICY The contractor is expected tO promote pmitcipation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result,oriented program. Therefore, the contractor's TSB policy shall be: 'It Is the policy of this Ilan that Targeted Small Business (TSB) concerns shall have the. maximum practical opportunity to participate In contracts funded with State -assisted funds which are administered by this Brat (e,g, suppliers, manufacturers and subcontractors). The purpose of our policy is to eneourtigo and increase the TSB participation in contracting opportunities made available by State -assisted programs. 5. CONTRACTORS SHALL APPOINT AN EQUAL EMPLOYMENT OPPORTUNITY (RBO) OFFICER The cent actor -shalt designate o responsible person to serve as TSB officer to fulfill the contractors affirmative ,action responsibilities.- This person shall have the necessary statistics, funding, authority and responsibility to carry out and enforce the firi}r's EEO policy. The EEO officer shall be responsible for develophig, managing and iniplenrenting the program on a day-to-day basis. The officer stroll also: A, For current TSB information; contact the. Iowa E0110111iC Development Authority (515-348-6159) to identify potential material suppliers, manufacturers and contractors. IDOT CSVI Project No. 91230AL0200 CONTRACT NO.4606 P-7 Hangar No. 4 Shop HVAC Replacement Page 1 CONTRACT AECOM 60703079 Page 162 of 545 TSB Affirmative Action Responsibilities A. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm's B. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time quotations are submitted. Maintain complete records of negotiations efforts. C, Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans/specifications or other actions that can be viewed as technical assistance. D. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. E. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. 6, COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work or other commercially usefid function. A. The bidder may count: 1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or 2) Work to be subcontracted to a TSB; or 3) Any other commercially useful function. B. The contractor may count: 1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. 2) 60% of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a commercially useful function in the supply process. 3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor, 4) Work the Contracting Authority has determined that it involves a commercially useful function. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program, For example, leasing equipment or purchasing materials from pritne contractor would not count. 7. 7. REQUIRED DATA, DOCUMENTS AND CONTRACT AWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A, Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre -Bid Contact Information". This form inhales: [DOT CSVI Project No. 91230AL0200 CONTRACT N0.4606 P-3 Hangar No. 4 Shop HVAC Replacement Page 2 CONTRACT A ECOM 60703079 Page 163 of 545 1) Nattte(s) of the TSB(s) contacted regarding subeontractable items. 2) Date of the contract. 3) Whether or not a TSB bid/quotation was received. 4) Whether or not the TSB's bid/quotation was Used, 5) The dollar amount proposed to be subcontracted. B. Contractors Using Quotes From TSBS Use those TSBs whose quotes are listed in the "Quotation Used in Bid" column along with a "yes" indicated ott the Pre- RED Contract Jnforntatian form. C. Contractors NOT Using Quotes Prom TSBs If there are no TSBs listed on the Pre -bid Contact information Form, then the contractor shall document All efforts made to include TSB participation in this project by documenting the following: .t) What pre -solicitation or pre -bid meetings scheduled by the contracting authority were attended? 2) Which general news circulation, trade associations and/or niinority-focused media were advertised concerning tine subcontracting opportunities? 3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? 4) Were initial solicitations of interested TSI3s followed tip? 5) Were TSl3s provided with adequate information about the plans, specifications and requirements of the contract? 6) Were interested TSBs negotiated With in geed faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? 7) Were interested TSl3s assisted in obtaining bonding, lines of credit or insurance required by the contractor? 8) Were services used ofminoiity community organization, minority contractors' groups; local State and Federal minority business assistance offices or any other organization providing such assistance. The above doeuruei}cation shall remain in the contractor's files for a period of three (3) years after the completion of the project and be available for examination by the Iowa Economic Development Authority. 8. •POSITIVE EFFORT DOCUMENTATION W(.fEN NO GOALS ARE ASSINGIiD Contractors arc also required to make positive efforts in utilizing TSBs on all State -assisted projects which are not assigned goals. Fonn 730007, "TSB Pre -bid Contact information" is required to be subinitted with bids on all projects. II'there is no TSB participation, then the contractor shall comply with section 7C of this document prior to the contract award. Form 730007 can be found Isere; Itttps:llfonns.iowadot.gov/CornrsMgtlgxteruail730007.dot 1 DOT CS VI Project No. 91230AL0200 CONTRACT NO, 4606 r-9 Hangar No, 4 Shop tIVAC Replacement Page 3 CONTRACT AECOM 60703079 Page 164 of 545 ;v co ro c .n 0 0 'in 3 °) 4) o Em ,y) a) w al V E ccoo i 0 as g v) EL c 4 w CO cs c • E t .0 I H m L 0 0 0 > B et m 0) c 2' 8 0 to 1-- U i t wo c tfyU co iraal zQ U @ 6 co 0t, 0 ca E z O O O2 Q .0) 0a) 0) OW 4 Q) U 0 a 0 E �_ Ll � E [i a) E a 8 rz: U a p c o (0 0❑ DE1 0 CO N C 0 W. -. F- �? ai #' P F-a ?1ic F_ e E (0 2o(9� vs Oo Cr c ci 00 EL' 8.0 (ato c ,,03 .454) F— =c0 mE oc0a E CO Q= cn -0 cr a) «� 0. CO O 0 43. 0 O 'C7 t d Q) E I a) N d N 3 zy us0 [0 N OcO ZC U 13 � .0 z 1 .2 aa.., 4,�Q €� to •ct2g 4 'u) wr tc ,.., ' @ .2 I0 a a) W a) Ili mr -0.." ` eli O 0 a) n. 0 '0 cti co z (To QUOTATION USED IN BID DOLLAR AMT_ PROPOSED TO BE SUBCONTRACTED Wz QUOTES RECEIVED DATES CONTACTED iz 2 DATES CONTACTED SUBCONTRACTOR u t- o 0 0 Page 165 of 545 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7, it Is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate In the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contraotors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultanis, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall Include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515-725-3132) or from its website al: https:/fwww.iowa.govilsblindex.phplhorne. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (REP) process. 3. Soliciting bids or proposats from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation In each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms In the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Ald Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision Is available on-line at: htlp://www.dot.state.la.usliocal_systems/publicationsfsb contract_provisfon.pdf b) Ensuring that tho awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (REP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should Include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal: and, If the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient`s positive efforts and it should be placed in the general project fite. 2. Bidding proposals or RFPs noting established TSB goals, If any. 3. The attached "Checklist and Certification.' This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. rDOTCSVI Project No. 91230AL0200 CONTRACT NO. 4606 P-11 CONTRACT Hangar No. 4 Shop HVAC Replaceineosl AECOM 60703079 Page 5 Page 166 of 545 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non-Federal-ald Projects (Third•Party State•AssIsted Projects) Recipient: 1. ;too 6►4 AN Project Number: cl 300 AuoabO County: 13 to Gk f-t•,AW k- Agreement Number: 9. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? t YES U NO If no, explain 2. Were qualified TSB firms notified of project? n YES IJNO If yes, by C 1 letter, u telephone, LI personal contact, or t7 other (specify) If no, explain may/ 3. Were bids or proposals solicited from qualified TSB firms? n YES XNO If no, explain /v/A- 4. Was a goal or percentage established for TSB participation? © YES ONO If yes, what was the goal or percentage? if no, explain why not: IV /lam' 5. Old the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? n YES JNO If no, what action was taken by Recipient? NM - Is documentation in files? n YES INO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ it/ r4 What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es) of the TSB firm(s) Was the goal or percentage achieved? n YES ONO If no, explain 4///4- (Use additional sheets if necessary) As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State-assisled contracts associated with this project. I DOT CSV I Project No. 91230AL0200 CONTRACT NO. 4606 P-12 Hangar No. 4 Shop HVAC Replacement CONTRACT AECOM 60703079 Page 6 Page 167 of 545 HASTINGS MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG20380413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Page 168 of 545 HASTINGS MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS PLUS This endorsement modifies insurance provided under the following in the Property Section: BUILDING AND PERSONAL PROPERTY COVERAGE FORM BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM CAUSES OF LOSS - SPECIAL FORM This endorsement modifies insurance provided under the following in the Liability Section: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COVERAGE LIMITS The following is a summary of coverage limits provided by this endorsement. It is subject to the terms and conditions of your policy except as amended herein. Property Limits Accounts Receivable $50,000 Arson and Theft Reward $30,000 Back Up of Sewers or Drains $25,000 Building Glass Coverage for Tenants $10,000 Changes in or Extremes of Temperature or Humidity $10,000 Debris Removal $30,000 Electronic Data Processing Equipment with Additional Causes of Loss $50,000 Employees Tools $15,000 Fire Department Service Charge $10,000 Fire Extinguisher Recharge Expense $10,000 Lock and Key Replacement Expense $5,000 Newly Acquired or Constructed Property Buildings $1,000,000 Personal Property $500,000 Business Income/Extra Expense $250,000 Ordinance or Law Loss to Undamaged Portion of Building Included Demolition Cost $50,000 Increased Cost of Construction 25% Outdoor Property $25,000 Each tree, shrub, or plant $1,000 Patterns, Dies, Molds and Forms - Theft Limitation Waiver Personal Effects and Property of Others - At each described premises $25,000 Personal Property Off -Premises Worldwide $50,000 Pollutant Clean Up and Removal - Aggregate Limit per Location $30,000 Premises Boundary Increase 1,000 ft Property Leased, Rented or Borrowed $50,000 Property Off Premises and in Transit $100,000 Property in Custody of Salespersons $50,000 Rental Reimbursement $25,000 Signs Attached to Buildings $25,000 Utility Services - Direct Damage - Limit per Location $50,000 Utility Services - Time Element - Limit per Location $50,000 Valuable Papers and Records $50,000 Crime Limits Employee Dishonesty Coverage $25,000* Extortion Coverage $25,000 Forgery or Alteration Coverage $25,000 Debit, Credit or Charge Card Forgery $25,000 Money and Securities Coverage $25,000* Money Orders and Counterfeit Paper Currency Coverage $25,000 * The limits shown above for Employee Dishonesty and Money and Securities are provided hereunder, plus the limit, if any, shown in the Declarations for each of those coverages. CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 1 of 20 Contains copyrighted material of American Association of Insurance Services Page 169 of 545 Liability Limits Aggregate Limit — Per Location/Per Project Automatic Additional Insured Coverage — By Contract, Agreement or Permit Automatic Additional Insured Coverage for Vendors Automatic Additional Insured Status for Lessor of Leased Equipment Broad Form Property Damage $100,000 Occurrence Coverage for Property Loaned to an Insured Coverage for Customer's Property in the insured's care, custody or control Coverage for Customer's Property due to the insured's work being incorrectly performed upon it Broadened Knowledge of Occurrence Damage to Premises — Fire and Lightning, Smoke, Soot or Leakage from a Fire Protection System Fire Damage Additional Limit $100,000 Incidental Medical Services — Nurse, Medical Technician or Paramedic Limited Fungi or Bacteria Coverage $50,000 Medical Payments —Additional Limit $10,000 Non -Owned Watercraft — Less than 51 feet Primary and Noncontributory — Other Insurance Condition Product Recall Expense $50,000 ($10,000 ded.) Supplementary Payments — Additional Limits Bail Bonds $1,000 Loss of Earnings $300 Waiver of Transfer of Rights of Recovery Against Us Blanket PROPERTY SECTION Deductible Provisions Except as provided below, loss or damage payable under this section is subject to the property deductible provisions applying to covered property to which this endorsement applies. A maximum deductible of $250 applies to Personal Property Off -Premises. No deductible applies to the following: Accounts Receivable, Arson and Theft Reward, Fire Department Service Charge, Fire Extinguisher Recharge Expense, or Lock and Key Replacement. Accounts Receivable We will pay the amounts due from your customers that you are unable to collect resulting from direct physical loss or damage by any Covered Cause of Loss to your records of Accounts Receivable at the described premises. This includes: A Interest charges on any loan required to offset amounts you are unable to collect; B. Collection expenses in excess of your normal collection expenses made necessary by the loss or damage; and C. Other reasonable expenses that you incur to reestablish your records of Accounts Receivable. The most we will pay under this coverage is $50,000 in any one occurrence of loss. Arson and Theft Reward We will pay a reward of $30,000 in total: A For information which leads to an arson conviction in connection with a fire loss sustained at the described premises; or B. For information which leads to a theft conviction in connection with a theft loss sustained at the described premises. In the event that a theft loss and an arson loss result from the same event, the most we will pay for that event is $30,000. Back Up of Sewers or Drains We will pay for direct loss or damage to covered property at the described premises caused directly or indirectly by water that backs up through a sewer or drain or overflows from a sump pump system. The most we will pay for loss or damage under this coverage provision is $25,000 in any one occurrence of loss. CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 2 of 20 Contains copyrighted material of American Association of Insurance Services Page 170 of 545 Building Glass Coverage for Tenants Under Covered Property, a limit of $10,000 is provided to cover building glass for which the insured, as a tenant, is responsible. Changes in or Extremes of Temperature or Humidity Exclusion B.2.d.(7)(b) in Causes of Loss — Special Form does not apply. We will pay up to $10,000 for loss or damage to covered perishable goods at the described premises caused by or resulting from changes in or extremes of temperature or humidity. This includes interruption of power on or away from the described premises. Debris Removal Under Additional Coverage A.4. in the Building and Personal Property Coverage Form, the Debris Removal Additional Limit is increased from $10,000 to $30,000. Electronic Data Processing Coverage Electronic Data Processing Equipment is covered for the following Additional Causes of Loss: A Mechanical Breakdown — meaning breakdown or malfunction, component failure, faulty installation or blowout. B. Electrical Disturbances — meaning electrical or magnetic damage, disturbance or erasure of electronic recordings. C. Power Supply Interruption — including power surges, blackouts or brownouts. D. Changes in or Extremes of Temperature — within the building housing the covered equipment. The most we will pay for loss or damage in any one occurrence is $50,000. Employees Tools Your Business Personal Property insurance is extended to cover tools owned by your employees and used in your business. Coverage applies at the described premises, off premises, and in transit. The most we will pay for loss or damage in any one occurrence of loss is $15,000. Fire Department Service Charge Under Additional Coverage A4.c. in the Building and Personal Property Coverage Form, the Fire Department Service Charge Additional Limit is increased from $1,000 to $10,000. Fire Extinguisher Recharge Expense We will pay the cost to recharge your fire extinguisher system after it is used to extinguish or prevent a fire to covered property at the described location. The most we will pay for this expense is $10,000 for any one occurrence. Lock and Key Replacement We will pay for the cost to replace the keys and locks at the "insured's premises" and the insured's "client's premises" due to theft or other loss to keys entrusted to you by your "client". We will not pay for loss or damage resulting from any dishonest or criminal act (including theft) by you, any of your partners, members, officers, managers, employees (including temporary employees and leased workers), directors, trustees or authorized representatives, whether acting alone or in collusion with each other or with any other party; or theft by any person to whom you entrust the keys of a "client" for any purpose, whether acting alone or in collusion with any other party. This exclusion: A. Applies whether or not an act occurs during your normal hours of operation; B. Does not apply to acts of destruction by your employees (including temporary employees and leased workers) or authorized representatives; but theft by your employees (including temporary employees and leased workers) or authorized representatives is not covered. The criminal acts portion of this exclusion will not be applied in a way that denies coverage benefits without a court or other adjudicatory body convicting the insured of a criminal act that resulted in loss. The most we will pay under this Additional Coverage for all loss or damage in any one occurrence is $5,000. A per occurrence deductible of $100 will apply. The following definitions apply: A "Client" means an individual or organization with whom you have a written contract for your services for a described premises. B. "Client's premises" means any building your "client" occupies in conducting its business. C. "Insured's premises" means the insured locations as specified in the Declarations of the policy. CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 3 of 20 Contains copyrighted material of American Association of Insurance Services Page 171 of 545 Newly Acquired or Constructed Property Under Coverage Extension A5.a. in the Building and Personal Property Coverage Form: A The most we will pay for loss or damage under this extension for Buildings is increased from $250,000 to $1,000,000 at each building; and B. The most we will pay for loss or damage under this extension for Your Business Personal Property is increased from $100,000 to $500,000 at each building. Under Coverage Extension A6. in the Business Income (and Extra Expense) Coverage Form, the most we will pay under this extension, for the sum of Business Income and Extra Expense Incurred, is increased from $100,000 to $250,000 at each location. Ordinance or Law Coverage This coverage supersedes Additional Coverage A4.e., Increased Cost of Construction, in the Building and Personal Property Coverage Form. This coverage is subject to the deductible applying to the building at the described location to which this coverage applies. A Coverage for Loss to the Undamaged Portion of the Building — If a Covered Cause of Loss occurs to a covered building at a described location, we will pay for loss to the undamaged portion of the building caused by enforcement of any ordinance or law that requires the demolition of the undamaged portion. The ordinance must be in force at the time of loss. This is not additional insurance, but included within the covered Building limit of insurance shown in the Declarations. B. Demolition Cost Coverage — If a Covered Cause of Loss occurs to a covered Building at a described location, we will pay the cost to demolish and clear the site of undamaged parts of the property caused by enforcement of any building, zoning or land use ordinance or law. The most we will pay for Demolition Costs shall not exceed $50,000. C. Increased Cost of Construction Coverage — If a Covered Cause of Loss occurs to a covered Building at a described location, we will pay for the increased cost to repair, rebuild or construct the property caused by enforcement of building, zoning or land use ordinances or laws. This coverage applies only if the restored or remodeled property is intended for similar occupancy as the current property, unless such occupancy is not permitted by zoning or land use ordinance or law. The Coinsurance Additional Condition does not apply to Increased Cost of Construction Coverage. We will not pay for any increased cost of construction if the building is not repaired or replaced. The most we will pay for Increased Cost of Construction Coverage is the lesser of: 1. The actual increased cost of construction; or 2. Not more than 25% of the limit of insurance applying to the covered Building. We will not pay for: 1. Enforcement of any ordinance or law which requires the demolition, repair, replacement, reconstruction, remodeling or remediation of property due to contamination by "pollutants" or due to the presence, growth, proliferation, spread or any activity of "fungus", wet or dry rot or bacteria; or 2. The costs associated with the enforcement of any ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of "pollutants", "fungus", wet or dry rot or bacteria. Outdoor Property Coverage Extension A5.e. of the Building and Personal Property Coverage Form is amended as follows: A The Covered Causes of Loss applying to Outdoor Property are broadened and include any Covered Cause of Loss applying to your covered Buildings or Business Personal Property described in the Declarations. B. The most we will pay for loss or damage to Outdoor Property is increased to $25,000, but not more than $1,000 for any one tree, shrub or plant. Patterns, Dies, Molds and Forms — Theft Limitation Waiver The Theft limitation applying to patterns, dies, molds or forms contained in Paragraph C.3.c of the Causes of Loss — Special Form does not apply. This coverage is subject to the deductible applying to Business Personal Property at the described location to which this coverage applies. CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 4 of 20 Contains copyrighted material of American Association of Insurance Services Page 172 of 545 Personal Effects and Property of Others Paragraph A5.b. of the Building and Personal Property Coverage Form is replaced by the following: (1) The insurance applying to Your Business Personal Property is extended to cover personal effects owned by you, your officers, your partners or your employees, except tools belonging to your employees. Personal effects are covered for loss or damage by a Covered Cause of Loss, including theft. (2) We cover personal property of others in your care, custody or control, except tools belonging to your employees. The most we will pay for loss or damage under this extension is $25,000 at each described premises. Our payment for loss of or damage to personal property of others will only be for the account of the owner of the property. Personal Property Off -Premises Worldwide Under Coverage Extension A.5.d. in the Building and Personal Property Coverage Form, Coverage Territory in Commercial Property Conditions does not apply. The most we will pay for loss or damage under this extension for Personal Property worldwide is increased from $10,000 to $50,000. Pollutant Clean Up and Removal Under Additional Coverage A.4.d. in the Building and Personal Property Coverage Form, the Pollutant Clean Up and Removal Additional Limit is increased from $10,000 to $30,000. Premises Boundary Increased Under the Building and Personal Property Coverage Form, Coverage A.1.b., the 100 feet limitation is increased to 1,000 feet. Property Leased, Rented or Borrowed from Others A. We will pay up to $50,000 for accidental physical damage or loss to contractors' equipment and tools leased, rented, or borrowed from others by you, or your employees, that are used in the course of your business operations. Contractors' equipment includes machinery, equipment, and tools of a mobile nature. This includes self-propelled vehicles not designed for use on public roads and vehicles designed for use on public roads that are unlicensed and not operated on public roads. Tools include portable equipment used in your business that are not included in the definition above for contractors' equipment. Actual cash value (ACV) loss settlement applies to the covered property. Loss payment not to exceed $50,000. No deductible applies. B. Perils Covered We cover external risk of direct physical loss unless the loss is limited or caused by a peril that is excluded. C. Perils Excluded 1. We do not pay for the loss if one or more of the following exclusions apply to the loss, regardless of other causes or events that contribute to or aggravate the loss, whether such causes or events act to produce the loss before, at the same time as, or after the excluded causes or events. a. Civil Authority — We do not pay for loss caused by order of any civil authority, including seizure, confiscation, destruction, or quarantine of property. We do pay for loss resulting from acts of destruction by the civil authority to prevent the spread of fire, unless the fire is caused by a peril excluded under this coverage. b. Nuclear Hazard — We do not pay for loss caused by or resulting from a nuclear reaction or radioactive contamination (whether controlled or uncontrolled; whether caused by natural, accidental, or artificial means). Loss caused by nuclear hazard is not considered loss by fire, explosion, or smoke. We do pay for direct loss by fire resulting from the nuclear hazard. c. War — We do not pay for loss caused by war. This means: (1) Declared war, undeclared war, civil war, insurrection, rebellion, or revolution; (2) A warlike act by a military force or by military personnel; (3) The destruction, seizure, or use of the property for a military purpose; or (4) The discharge of a nuclear weapon even if it is accidental. 2. We do not pay for loss or damage if one or more of the following exclusions apply to the loss. a. Criminal, Fraudulent, or Dishonest Acts — We do not pay for loss caused by or resulting from criminal, fraudulent, dishonest, or illegal acts alone or in collusion with another by: CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 5 of 20 Contains copyrighted material of American Association of Insurance Services Page 173 of 545 (1) You; (2) Others who have interest in the property; (3) Others to whom you entrusted the property; (4) Your partners, officers, directors, trustees, or joint ventures; or (5) The employees or agents of (1) through (4) above, whether or not they are at work. This exclusion does not apply to acts of destruction by your employees, but we do not pay for theft by employees. This exclusion does not apply to covered property in the custody of a carrier for hire. The criminal acts portion of this exclusion will not be applied in a way that denies coverage benefits without a court or other adjudicatory body convicting the insured of a criminal act that resulted in loss. b. Contamination or Deterioration — We do not pay for loss caused by contamination or deterioration including corrosion, decay, fungus, mildew, mold, rot, rust, or any quality, fault, or weakness in the covered property that causes it to damage or destroy itself. c. Loss of Use — We do not pay for loss caused by or resulting from loss of use, business interruption, delay, or loss of market. d. Missing Property — We do not pay for missing property where the only proof of loss is unexplained or mysterious disappearance of covered property, or shortage of property discovered on taking inventory, or any other instance where there is no physical evidence to show what happened to the covered property. This exclusion does not apply to covered property in the custody of a carrier for hire. e. Pollutants — We do not pay for loss caused by or resulting from release, discharge, seepage, migration, dispersal, or escape of "pollutants" unless the release, discharge, seepage, migration, dispersal, or escape is caused by a "specified peril". We do pay for any resulting loss caused by a "specified peril". f. Puncture, Blowout, and Road Damage — We do not pay for loss caused by puncture, blowout, and road damage to tires and tubes mounted on vehicles. However, we do pay for puncture, blowout or road damage caused by a "specified peril". g. Temperature/Humidity — We do not pay for loss caused by humidity, dampness, dryness or change in or extreme of temperature. h. Weight of Load — We do not pay for loss caused by the weight of a load which, under the operating conditions at the time of loss, exceeds the registered lifting capacity of any equipment or machine. i. Voluntary Parting — We do not pay for loss caused by or resulting from voluntary parting with title to or possession of any property because of fraudulent scheme, trick, or false pretense. 3. We do not pay for loss or damage if one or more of the following exclusions apply to the loss. But if loss by fire or explosion results we do pay for the resulting loss. a. Mechanical Breakdown — We do not pay for loss caused by any: (1) Structural, mechanical, or remodeling process; or (2) Structural, mechanical, or electrical breakdown or malfunction. b. Wear and Tear — We do not pay for loss caused by wear and tear, marring or scratching. D. Property Not Covered 1. Aircraft or watercraft 2. Automobiles and trucks including tractors, trailers and similar conveyances designed for highway use 3. Contraband or property in the course of illegal transportation or trade 4. Property loaned, leased, or rented to others 5. Property located underground or in connection with mining operations 6. Waterborne property 7. Building supplies or materials, or property that has become a permanent part of a structure 8. Communication devices, computers and their equipment or accessories 9. Office furnishings or equipment 10. Valuable papers including plans, blue prints, designs, or specifications CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 6 of 20 Contains copyrighted material of American Association of Insurance Services Page 174 of 545 E. Definitions 1. "Pollutant" means: a. Any solid, liquid, gaseous, or thermal irritant or contaminant; or b. Waste, including materials to be disposed of as well as recycled, reclaimed, or reconditioned. 2. "Specified perils" means aircraft; civil commotion; explosion; falling objects; fire; hail; leakage from the fire extinguishing equipment; lightning; riot; sinkhole collapse; smoke; sonic boom; vandalism; vehicles; volcanic action; water damage; weight of ice, snow, or sleet; and windstorm. Property Off Premises and Property in Transit Coverage Extension A5.d. of the Building and Personal Property Coverage Form and Additional Coverage Extension F.1. of the Causes of Loss — Special Form are deleted and replaced by the following: Property Off Premises — The insurance provided by the Building and Personal Property Coverage Form is extended to apply to Covered Property (including stock) that is temporarily at a location you do not own, lease or operate. This includes property at fairs or exhibitions, property in or on a vehicle, and property in the care, custody or control of your salespersons or employees. It also includes property temporarily at the residence of a person authorized to have custody of the property. Property in Transit — The insurance provided by the Causes of Loss — Special Form Coverage Part is extended to apply to your Covered Property while it is in transit between points in the Coverage Territory. The most we will pay for loss or damage under this extension is increased to $100,000 in any one occurrence of loss, but not more than $50,000 on samples and other property carried by salespersons for demonstration purposes. Rental Reimbursement A. In the event of a loss by a covered peril to your contractors' equipment, we will reimburse you for your expense to rent similar equipment while your equipment is inoperable. We will continue to reimburse you for the rental of equipment after the expiration date of this coverage, provided the loss occurred before the expiration date. We will not reimburse you: 1. For the rental of equipment until after the described waiting period has passed since your contractors' equipment was rendered inoperable. If no waiting period is indicated, then a 72-hour waiting period applies. 2. If you can continue or resume your operations with similar equipment that is available to you at no additional expense to you. 3. For the rental expense of any equipment unless you make every reasonable effort to repair, replace, or rebuild the inoperable equipment after the covered loss occurs. No deductible amount applies. Contractors' equipment includes machinery, equipment, and tools of a mobile nature that you use in your business. This includes self-propelled vehicles not designed for use on public roads and vehicles designed for use on public roads that are unlicensed and not operated on public roads. Tools include portable equipment used in your business that are not included in the definition above for contractors' equipment. B. Perils Covered We cover external risk of direct physical loss unless the loss is limited or caused by a peril that is excluded. C. Perils Excluded 1. We do not pay for the loss if one or more of the following exclusions apply to the loss, regardless of other causes or events that contribute to or aggravate the loss, whether such causes or events act to produce the loss before, at the same time as, or after the excluded causes or events. a. Civil Authority — We do not pay for loss caused by order of any civil authority, including seizure, confiscation, destruction, or quarantine of property. We do pay for loss resulting from acts of destruction by the civil authority to prevent the spread of fire, unless the fire is caused by a peril excluded under this coverage. b. Nuclear Hazard — We do not pay for loss caused by or resulting from a nuclear reaction, or radioactive contamination (whether controlled or uncontrolled; whether caused by natural, accidental, or artificial means). Loss caused by nuclear hazard is not considered loss by fire, explosion, or smoke. We do pay for direct loss by fire resulting from the nuclear hazard. CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 7 of 20 Contains copyrighted material of American Association of Insurance Services Page 175 of 545 c. War — We do not pay for loss caused by war. This means: (1) Declared war, undeclared war, civil war, insurrection, rebellion, or revolution; (2) A warlike act by a military force or by military personnel; (3) The destruction, seizure, or use of the property for a military purpose; or (4) The discharge of a nuclear weapon even if it is accidental. 2. We do not pay for loss or damage if one or more of the following exclusions apply to the loss. a. Criminal, Fraudulent, or Dishonest Acts — We do not pay for loss caused by or resulting from criminal, fraudulent, dishonest, or illegal acts alone or in collusion with another by: (1) You; (2) Others who have interest in the property; (3) Others to whom you entrusted the property; (4) Your partners, officers, directors, trustees, or joint ventures; or (5) The employees or agents of (1) through (4) above, whether or not they are at work. This exclusion does not apply to acts of destruction by your employees, but we do not pay for theft by employees. This exclusion does not apply to covered property in the custody of a carrier for hire. The criminal acts portion of this exclusion will not be applied in a way that denies coverage benefits without a court or other adjudicatory body convicting the insured of a criminal act that resulted in loss. b. Contamination or Deterioration — We do not pay for loss caused by contamination or deterioration including corrosion, decay, fungus, mildew, mold, rot, rust, or any quality, fault, or weakness in the covered property that causes it to damage or destroy itself. c. Loss of Use — We do not pay for loss caused by or resulting from loss of use, business interruption, delay, or loss of market. d. Missing Property — We do not pay for missing property where the only proof of loss is unexplained or mysterious disappearance of covered property, or shortage of property discovered on taking inventory, or any other instance where there is no physical evidence to show what happened to the covered property. This exclusion does not apply to covered property in the custody of a carrier for hire. e. Pollutants — We do not pay for loss caused by or resulting from release, discharge, seepage, migration, dispersal, or escape of "pollutants" unless the release, discharge, seepage, migration, dispersal, or escape is caused by a "specified peril". We do pay for any resulting loss caused by a "specified peril". f. Puncture, Blowout, and Road Damage — We do not pay for loss caused by puncture, blowout, and road damage to tires and tubes mounted on vehicles. However, we do pay for puncture, blowout or road damage caused by a "specified peril". g. Temperature/Humidity — We do not pay for loss caused by humidity, dampness, dryness or change in or extreme of temperature. h. Weight of Load — We do not pay for loss caused by the weight of a load which, under the operating conditions at the time of loss, exceeds the registered lifting capacity of any equipment or machine. i. Voluntary Parting — We do not pay for loss caused by or resulting from voluntary parting with title to or possession of any property because of fraudulent scheme, trick, or false pretense. 3. We do not pay for loss or damage if one or more of the following exclusions apply to the loss. But if loss by fire or explosion results we do pay for the resulting loss. a. Mechanical Breakdown — We do not pay for loss caused by any: (1) Structural, mechanical, or remodeling process; or (2) Structural, mechanical, or electrical breakdown or malfunction. b. Wear and Tear — We do not pay for loss caused by wear and tear, marring or scratching. D. Property Not Covered 1. Aircraft or watercraft 2. Automobiles and trucks including tractors, trailers and similar conveyances designed for highway use CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 8 of 20 Contains copyrighted material of American Association of Insurance Services Page 176 of 545 3. Contraband or property in the course of illegal transportation or trade 4. Property loaned, leased, or rented to others 5. Property located underground or in connection with mining operations 6. Waterborne property 7. Building supplies or materials, or property that has become a permanent part of a structure 8. Communication devices, computers and their equipment or accessories 9. Office furnishings or equipment 10. Valuable papers including plans, blue prints, designs, or specifications E. Definitions 1. "Pollutant" means: a. Any solid, liquid, gaseous, or thermal irritant or contaminant; or b. Waste, including materials to be disposed of as well as recycled, reclaimed, or reconditioned. 2. "Specified perils" means aircraft; civil commotion; explosion; falling objects; fire; hail; leakage from the fire extinguishing equipment; lightning; riot; sinkhole collapse; smoke; sonic boom; vandalism; vehicles; volcanic action; water damage; weight of ice, snow, or sleet; and windstorm. Signs Attached to Buildings Under Coverage Extension A5.e. in the Building and Personal Property Coverage Form, Outdoor Property is amended to include signs attached to buildings. The most we will pay for loss or damage under this extension for signs attached to buildings is $25,000. Utility Services DIRECT DAMAGE AND TIME ELEMENT A Covered Property Buildings and Personal Property at locations scheduled in the Declarations. B. Exception Coverage under Utility Services — Direct Damage for loss or damage to Covered Property does not apply to loss or damage to electronic data, including destruction or corruption of electronic data. Coverage under Utility Services — Time Element does not apply to Business Income or Extra Expense related to interruption in utility service which causes loss or damage to electronic data, including destruction or corruption of electronic data. The term electronic data has the meaning set forth in the Building and Personal Property Coverage Form. C. Utility Services 1. Water Supply Services, meaning the following types of property supplying water to the described premises: a. Pumping stations; and b. Water mains. 2. Communication Supply Services, meaning property supplying communication services, including telephone, radio, microwave or television services to the described premises, such as: a. Communication transmission lines, including optic fiber transmission lines; b. Coaxial cables; and c. Microwave radio relays except satellites. Overhead transmission lines are included. 3. Power Supply Services, meaning the following types of property supplying electricity, steam or gas to the described premises: a. Utility generating plants; b. Switching stations; c. Substations; d. Transformers; and e. Transmission lines. Overhead transmission lines are included. CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 9 of 20 Contains copyrighted material of American Association of Insurance Services Page 177 of 545 DIRECT DAMAGE A Coverage We will pay for loss of or damage to Covered Property described above, caused by an interruption in utility service to the premises described above. The interruption in utility service must result from direct physical loss or damage by a Covered Cause of Loss to utility services described above if such utility services are located off the described premises. B. Limit of Insurance The Limit of Insurance for Utility Services — Direct Damage is $50,000 per location. TIME ELEMENT A. Coverage Your coverage for Business Income and Extra Expense, as provided in the Business Income (and Extra Expense) Coverage Form, is extended to apply to a "suspension" of "operations" at the premises described above caused by an interruption in utility services to that premises. The interruption in utility services must result from direct physical loss or damage by a Covered Cause of Loss to utility services described above if such utility services are located outside of a covered building described in the Declarations. B. Coinsurance The Coinsurance Additional Condition does not apply to this coverage. C. Limit of Insurance The Limit of Insurance for Utility Services — Time Element is $50,000 per location. Valuable Papers and Records Coverage Extension A5.c. of the Building and Personal Property Coverage Form is amended as follows: The most we will pay under this extension is increased to $50,000. CRIME SECTION Commercial Crime Coverage The following coverages are added to the policy in accordance with the terms and conditions contained herein. Refer to the Crime General Provisions for common General Exclusions, Conditions and Definitions applying to all coverages. Throughout this endorsement, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Words and phrases in quotation marks are defined in this endorsement. Employee Dishonesty Coverage A. Coverage — We will pay for loss of, and loss from damage to, "money", "securities" and "property other than money and securities" resulting from "employee dishonesty". We will also pay for loss caused by an "employee" while temporarily outside the territory specified in the Crime General Provisions section contained in this endorsement. B. Additional Exclusions, Conditions and Definitions — In addition to the Crime General Provisions contained herein, this coverage is subject to the following: 1. Additional Exclusions We will not pay for loss as specified below: a. Loss caused by any "employee" for whom similar prior insurance has been cancelled and not reinstated since the last such cancellation. b. Loss, or that part of any loss, the proof of which, as to its existence or amount, is dependent upon an inventory computation or a profit and loss computation. 2. Additional Condition This insurance is cancelled as to any "employee": a. Immediately upon discovery by: (1) You; or (2) Any of your partners, officers or directors not in collusion with the "employee"; of any dishonest act committed by that "employee", whether before or after becoming employed by you; or CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 10 of 20 Contains copyrighted material of American Association of Insurance Services Page 178 of 545 b. On the date in the notice mailed to you. That date will be at least 30 days after the date of mailing. Mailing of the notice to the last address known to us will be sufficient proof of notice. Delivery of notice is the same as mailing. 3. Additional Definitions a. "Employee dishonesty" means only dishonest acts committed by an "employee", whether identified or not, acting alone or in collusion with other persons, except you or a partner, with the manifest intent to: (1) Cause you to sustain loss; and also (2) Obtain financial benefit (other than salaries, commissions, fees, bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employment) for: (a) The "employee"; or (b) Any person or organization intended by the "employee" to receive that benefit. b. "Occurrence" means all loss caused by, or involving, one or more "employees", whether the result of a single act or series of acts. C. Limit of Insurance The most we will pay for loss in any one "occurrence" is $25,000 plus the limit, if any, shown in the Declarations for Employee Dishonesty Coverage. Extortion Coverage A. Coverage — We will pay for loss of "money", "securities" and "property other than money and securities" by "extortion". B. Additional Exclusions, Conditions and Definitions — In addition to the Crime General Provisions contained herein, this coverage is subject to the following: 1. Additional Exclusion We will not pay for loss of property surrendered before a reasonable effort has been made to report an extortionist's demand to all the following: a. An associate; b. The Federal Bureau of Investigation; and c. Local law enforcement authorities. 2. Additional Conditions a. Policy Period — Loss is covered only if the threat to do bodily harm is first communicated to you during the policy period. b. Territory — Loss is covered only if the capture, or alleged capture, takes place within the United States of America, U.S. Virgin Islands, Puerto Rico, Canal Zone or Canada. Paragraph b. of the Policy Period General Condition and the Territory General Condition does not apply. c. Valuation of Securities and Property Other Than Money and Securities — The Valuation -Settlement General Condition is amended as follows: (1) The first sentence of Paragraph b. is deleted and the following is substituted: b. Loss of "securities" for not more than their value on the day they were surrendered. (2) The following is added: c. Loss of "property other than money and securities" for not more than its actual cash value at the time it was surrendered. 3. Additional Definitions a. "Extortion" means the surrender of property away from the "premises" as a result of a threat communicated to you to do bodily harm to you or an "employee", or to a relative or invitee of either, who is, or allegedly is, being held captive. b. "Occurrence" means an: (1) Act, or series of related acts, involving one or more persons; or (2) Act, or series of related acts, or events not involving any person. c. "Premises" means the interior of that portion of any building you occupy in conducting your business. CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 11 of 20 Contains copyrighted material of American Association of Insurance Services Page 179 of 545 C. Limit of Insurance The most we will pay for loss in any one "occurrence" is $25,000. Forgery or Alteration Coverage A Coverage — We will pay for loss involving covered instruments resulting directly from forgery or alteration of, on, or in any covered instrument. 1. Covered Instruments — Checks, drafts, promissory notes or similar written promises, orders or directions to pay a sum certain in "money" that are: a. Made or drawn by or drawn upon you; b. Made or drawn by one acting as your agent; or that are purported to have been so made or drawn. 2. Credit, Debit or Charge Card Forgery — Covered instruments include written instruments required in conjunction with any credit, debit or charge card issued to you or any "employee" for business purposes. B. Additional Exclusions, Conditions and Definitions — In addition to the Crime General Provisions contained herein, this coverage is subject to the following: 1. Additional Exclusion We will not pay for loss arising from any credit, debit or charge card if you have not complied fully with the provisions, conditions or other terms under which the card was issued. 2. Additional Conditions a. Facsimile Signatures — We will treat mechanically or electronically reproduced facsimile signatures the same as handwritten signatures. b General Amendment — As respects this coverage, the words "covered property" in the Crime General Provisions mean covered instruments. c. Proof of Loss — You must include with your proof of loss any instrument involved in that loss or, if that is not possible, an affidavit setting forth the amount and cause of loss. d Territory— The Territory General Condition applies to this coverage. 3. Additional Definition "Occurrence" means all loss caused by any person or in which that person is involved, whether the loss involves one or more instruments. C. Limit of Insurance The most we will pay for loss in any one "occurrence" for covered instruments described in Paragraph Al. is $25,000. The most we will pay for credit, debit or charge card forgery in Paragraph A2. is $25,000 in any one "occurrence" of loss. Money and Securities Coverage A Coverage — We will pay for the theft, disappearance or destruction of "money" and "securities" used in your business while inside the "premises" or in the care and custody of a "messenger" outside the "premises". We will also pay for loss of, and loss from damage to, a safe, vault, cash register, cash box or cash drawer located inside the "premises" resulting directly from the actual or attempted theft or unlawful entry into those containers. B. Additional Exclusions, Conditions and Definitions — In addition to the Crime General Provisions contained herein, this coverage is subject to the following: 1. Additional Exclusions We will not pay for loss resulting from: a. Accounting or arithmetical errors; b. The giving or surrendering of property in any exchange or purchase; c. Property contained in any money -operated device unless the amount of "money" deposited in it is recorded by a continuous recording instrument in the device; d. Property after it has been transferred or surrendered to a person or place outside the "premises": (1) On the basis of unauthorized instructions; or (2) As a result of a threat to do bodily harm to any person or damage to any property. CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 12 of 20 Contains copyrighted material of American Association of Insurance Services Page 180 of 545 But Subparagraph (2) above does not apply to loss of the property while in the care or custody of a "messenger" if you: (1) Had no knowledge of any threat at the time the conveyance began; or (2) Had knowledge of a threat at the time the conveyance began, but the loss was not related to the threat; or e. Your, or anyone acting on your express or implied authority, being induced by any dishonest act to voluntarily part with title to or possession of any property. 2. Additional Condition — Duties in the Event of Loss — If you have reason to believe that any loss of, or loss from damage to, covered property involves a violation of law, you must notify the police. 3. Additional Definitions a. "Premises" means the interior of that portion of any building you occupy in conducting your business, including the interior of that portion of any building occupied by a banking institution or similar safe depository. b. "Messenger" means you, any of your partners, an "employee", or an armored motor vehicle company while having care and custody of the property outside the "premises". c. "Occurrence" means an: (1) Act, or series of related acts, involving one or more persons; or (2) Act, or series of related acts, or events not involving any person. C. Limit of Insurance The most we will pay for loss in any one "occurrence" is $25,000 plus the limit, if any, shown in the Declarations for Money and Securities Coverage. Money Orders and Counterfeit Paper Currency Coverage A. Coverage — We will pay for loss due to the acquisition of covered property resulting directly from the Covered Causes of Loss. Covered Property means: 1. Money orders, including counterfeit money orders, of any United States or Canadian post office, express company, or national or state (or Canadian) chartered bank; and 2. Counterfeit United States or Canadian paper currency. Covered Causes of Loss — Acceptance in good faith, in exchange for merchandise, money or services, of: 1. Any money order that is not paid upon presentation; and 2. Counterfeit United States or Canadian paper currency; that is acquired during the regular course of business. B. Additional Exclusions, Conditions and Definitions — In addition to the Crime General Provisions contained herein, this coverage is subject to the following: 1. Additional Exclusions — We will not pay for loss specified below: a. The giving or surrendering of property in any exchange or purchase; or b. Your, or anyone acting on your express or implied authority, being induced by any dishonest act to voluntarily part with title or possession of any property. 2. Additional Condition — Duties in the Event of Loss — If you have reason to believe that any loss of, or loss from damage to, covered property involves a violation of law, you must notify the police. 3. Additional Definition "Occurrence" means an: a. Act, or series of related acts, involving one or more persons; or b. Act, or series of related acts, or events not involving any person. C. Limit of Insurance The most we will pay for loss in any one "occurrence" is $25,000. Crime General Provisions Unless stated otherwise in any individual coverage contained in this endorsement, the following General Exclusions, General Conditions and General Definitions apply to Crime coverages included in this endorsement. Exception: General Exclusion 2. does not apply to Employee Dishonesty Coverage. CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 13 of 20 Contains copyrighted material of American Association of Insurance Services Page 181 of 545 A General Exclusions We will not pay for loss as specified below: 1. Acts Committed by You or Your Partners — Loss resulting from any dishonest or criminal act committed by you or any of your partners, whether acting alone or in collusion with other persons. 2. Acts of Employees, Directors, Trustees or Representatives — Loss resulting from any dishonest or criminal act committed by any of your "employees", directors, trustees or authorized representatives: a. Acting alone or in collusion with other persons; or b. While performing services for you or otherwise The criminal acts portion of this exclusion will not be applied in a way that denies coverage benefits without a court or other adjudicatory body convicting the insured of a criminal act that resulted in loss. 3. Governmental Action — Loss resulting from seizure or destruction of property by order of governmental authority. 4. Indirect Loss — Loss that is an indirect result of any act or "occurrence" covered by this insurance including, but not limited to, loss resulting from: a. Your inability to realize income that you would have realized had there been no loss of, or loss from damage to, covered property; b. Payment of damages of any type for which you are legally liable (but we will pay compensatory damages arising directly from a loss covered under this insurance); or c. Payment of costs, fees or other expenses you incur in establishing either the existence or the amount of loss under this insurance. 5. Legal Expenses — Expenses related to any legal action. 6. Nuclear — Loss resulting from nuclear reaction, nuclear radiation or radioactive contamination, or any related act or incident. 7. War and Similar Actions — Loss resulting from war, whether or not declared, warlike action, insurrection, rebellion or revolution, or any related act or incident. B. General Conditions 1. Discovery Period for Loss — We will pay only for covered loss discovered no later than one year from the end of the policy period. 2. Duties in the Event of Loss — After you discover a loss or a situation that may result in loss of, or loss from damage to, covered property, you must: a. Notify us as soon as possible; b. Submit to examination under oath at our request and give us a signed statement of your answers; c. Give us a detailed, sworn proof of loss within 120 days; and d. Cooperate with us in the investigation and settlement of any claim. 3. Joint Insured a. If any insured, or partner or officer of that insured, has knowledge of any information relevant to this insurance, that knowledge is considered knowledge of every insured. b. An "employee" of any insured is considered to be an "employee" of every insured. c. If this insurance, or any of its coverages, is cancelled or terminated as to any insured, loss sustained by that insured is covered only if discovered no later than one year from the date of that cancellation or termination. d. We will not pay more for loss sustained by more than one insured than the amount we would pay if all the loss had been sustained by one insured. 4. Legal Action Against Us — You may not bring any legal action against us involving loss: a. Unless you have complied with all the terms of this insurance; and b. Until 90 days after you have filed proof of loss with us; and c. Unless brought within two years from the date you discover the loss. The period of time for filing suit against the company must be extended by the number of days between the date the proof of loss was filed and the date the claim was denied, in whole or in part. 5. Loss Covered Under More Than One Coverage of This Insurance — If two or more coverages of this insurance apply to the same loss, we will pay the lesser of: CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 14 of 20 Contains copyrighted material of American Association of Insurance Services Page 182 of 545 a. The actual amount of loss; or b. The sum of the limits of insurance applicable to those coverages. 6. Other Insurance — This insurance does not apply to loss recoverable or recovered under other insurance or indemnity. However, if the limit of the other insurance or indemnity is insufficient to cover the entire amount of the loss, this insurance will apply to that part of the loss, other than that falling within any deductible amount, not recoverable or recovered under the other insurance or indemnity. However, this insurance will not apply to the amount of loss that is more than the applicable Limit of Insurance shown in this endorsement. Coverage under the policy will share proportionately with other similar coverages the insured may have. 7. Ownership of Property/Interests Covered — The property covered under this insurance is limited to property: a. That you own or hold; or b. For which you are legally liable. However, this insurance is for your benefit only. It provides no rights or benefits to any other person or organization. 8. Policy Period a. The policy period is shown in the Declarations. b. We will pay only for loss that you sustain through acts committed or events occurring during the policy period. 9. Records — You must keep records of all covered property so we can verify the amount of any loss. 10. Recoveries a. Any recoveries, less the cost of obtaining them, made after settlement of loss covered by this insurance will be distributed as follows: (1) To you, until you are reimbursed for any loss that you sustain that exceeds the Limit of Insurance; (2) Then to us, until we are reimbursed for the settlement made. b. Recoveries do not include any recovery: (1) From insurance, suretyship, reinsurance, security or indemnity taken for our benefit; or (2) Of original "securities" after duplicates of them have been issued. 11. Territory — This insurance covers only acts committed or events occurring within the United States of America, U.S. Virgin Islands, Puerto Rico, Canal Zone or Canada. 12. Valuation — Settlement Subject to the applicable Limit of Insurance provision, we will pay for: a. Loss of "money", but only up to and including its face value. b. Loss of "securities", but only up to and including their value at the close of business on the day the loss was discovered. We may, at our option: (1) Pay the value of such "securities" or replace them in kind, in which event you must assign to us all your rights, title and interest in and to those "securities"; or (2) Pay the cost of any Lost Securities Bond required in connection with issuing duplicates of the "securities". However, we will be liable only for the payment of so much of the cost of the bond as would be charged for a bond having a penalty not exceeding the lesser of the: (a) Value of the "securities" at the close of business on the day the loss was discovered; or (b) Limit of Insurance. C. General Definitions 1. "Employee" means: a. Any natural person: (1) While in your service, and for 30 days after termination of service; and (2) Whom you compensate directly by salary, wages or commissions; and (3) Whom you have the right to direct and control while performing services for you; or b. Any natural person employed by an employment contractor while that person is subject to your direction and control and performing services for you excluding, however, any such person while having care and custody of property outside the "premises". CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 15 of 20 Contains copyrighted material of American Association of Insurance Services Page 183 of 545 But "employee" does not mean any: (1) Agent, broker, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (2) Director or trustee, except while performing acts coming within the scope of the usual duties of an "employee". 2. "Money means: a. Currency, coins and bank notes in current use and having a face value; and b. Travelers checks, register checks and money orders held for sale to the public. 3. "Property other than money and securities" means any tangible property other than "money" and "securities" that has intrinsic value but does not include any property not covered under any individual crime coverages. 4. "Securities" means negotiable and nonnegotiable instruments or contracts representing either "money" or other property and includes: a. Tokens, tickets, revenue and other stamps (whether represented by actual stamps or unused value in a meter) in current use; and b. Evidences of debt issued in connection with credit or charge cards, which cards are not issued by you; but does not include "money". GENERAL LIABILITY SECTION The Commercial General Liability Coverage Form is modified as follows: Additional Insured by Contract, Agreement or Permit A The following is added to Section II — Who Is An Insured: Any person or organization with whom you agreed, because of a written contract or written agreement, is an insured but only with respect to liability arising out of your ongoing operations performed for that insured, or facilities owned or used by you. With respect to the insurance afforded to these additional insureds, the following exclusions apply: 1. The rendering of or failure to render professional services; 2. Liability arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured; or 3. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Additional Insured — Vendors A The following is added to Section II — Who Is An Insured: CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 16 of 20 Contains copyrighted material of American Association of Insurance Services Page 184 of 545 Vendors with whom you agreed, because of a written contract or written agreement, who sell or distribute "your products" in the regular course of their business, are insureds but only with respect to "bodily injury" or "property damage" arising out of "your product". The insurance afforded the vendor does not apply to: 1. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement; this exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2. Any express warranties unauthorized by you, or any physical or chemical change in the product made intentionally by the vendor; 3. Repackaging, except when unpacked solely for inspection, demonstration, testing or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 4. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make, or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; 5. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 6. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or 7. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: a. The exceptions contained in Subparagraphs 3. or 5.; or b. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, accompanying or containing such products. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Additional Insured — Lessor of Leased Equipment The following is added to Section II — Who Is An Insured: A Any person(s) or organization(s) with whom you agreed, because of a written contract or written agreement, is an insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a written contract or written agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 17 of 20 Contains copyrighted material of American Association of Insurance Services Page 185 of 545 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Aggregate Limit Amendment Under Section III — Limits Of Insurance, Item 2., the General Aggregate Limit applies: A To each described location insured (Location means the premises described in the Declarations involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad); and B. To each of your projects away from premises owned by or rented to you. Broad Form Property Damage Under Section I — Coverage A, Exclusion 2.j. is modified as follows: A Paragraph (3) does not apply. B. Paragraphs (4) and (6) do not apply to customers' property. We do not cover any property: A Subject to motor vehicle registration; or B. While being used to perform construction operations. Our limit for any one "occurrence" under this coverage provision is $100,000. Insurance under this coverage provision is excess over any other insurance available to the insured whether primary, excess, contingent or on any other basis. This coverage provision does not modify the provisions of any endorsement added to this policy that also modifies Exclusion 2.j. of Section I — Coverage A. Damage to Premises The last paragraph following the exclusions applying to Section I — Coverage A is amended to read as follows: Exclusions c. through n. do not apply to damage by fire, lightning, smoke, soot or leakage from a fire protection system while the premises are rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. Fire Damage Additional Limit In addition to the Fire Damage Limit stated in the Declarations, we will pay an additional amount of $100,000 for damages because of "property damage" to premises rented to you arising out of any one fire. Subject to Paragraph 5. of Section III — Limits Of Insurance, the Fire Damage Limit stated in the Declarations plus this additional limit is the most we will pay under Section I — Coverage A for damages because of "property damage" to premises rented to you arising out of any one fire. Incidental Medical Services — Specified Persons Section II — Who Is An Insured is modified as follows: A Paragraph 2.a.(1)(d) does not apply to "bodily injury" arising out of medical services rendered by a nurse, medical technician or paramedic employed by you. B. This coverage provision does not apply if you or any of the above are engaged in the business, profession or occupation of providing professional health care services. Knowledge of Occurrence Under Section IV — Commercial General Liability Conditions, the following is added to Item 2. Duties In The Event of Occurrence, Offense, Claim or Suit: Knowledge of an "occurrence", offense, claim or "suit" will be considered knowledge of the insured when reported directly to you, your officers, partners or any other person authorized by you to give us such notice. Limited Fungi or Bacteria Coverage The following is added under Section I — Coverages: CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 18 of 20 Contains copyrighted material of American Association of Insurance Services Page 186 of 545 A The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverage B — Personal and Advertising Injury Liability: 2. Exclusions This insurance does not apply to: a. "Personal and advertising injury arising out of a "fungi or bacteria incident". b. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. B. Coverage provided by this insurance for "bodily injury" or "property damage", arising out of a "fungi or bacteria incident", is subject to the Fungi and Bacteria Liability Aggregate Limit as described in Paragraph C. below. This provision B. does not apply to any "fungi" or bacteria that are, are on, or are contained in a good or product intended for bodily consumption. C. The following are added to Section III — Limits Of Insurance: 1. Subject to Paragraphs 2. and 3. of Section III — Limits Of Insurance, as applicable, the Fungi and Bacteria Liability Aggregate Limit of $50,000 is the most we will pay under Coverage A for all "bodily injury" or "property damage" and Coverage C for Medical Payments arising out of one or more "fungi or bacteria incidents". This provision C.1. does not apply to any "fungi" or bacteria that are, are on, or are contained in a good or product intended for bodily consumption. 2. Paragraph 5., the Each Occurrence Limit, Paragraph 6., the Damage To Premises Rented To You Limit, and Paragraph 7., the Medical Expense Limit, of Section III — Limits Of Insurance continue to apply to "bodily injury" or "property damage" arising out of a "fungi or bacteria incident" but only if, and to the extent that, limits are available under the Fungi and Bacteria Liability Aggregate Limit. D. The following definitions are added to the Definitions Section: 1. "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. 2. "Fungi or bacteria incident" means an incident which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. Medical Payments — Additional Limit Under Coverage C — Medical Payments, we will pay up to an additional $10,000 for covered medical expenses. In addition, Paragraph 1.a.(3)(b) is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and Non -Owned Watercraft Under Section I — Coverage A, Exclusion g.(2)(a) is amended to read: (a) Less than 51 feet long; and Primary and Noncontributory — Other Insurance Condition This insurance provided to the additional insured is primary and will not seek contribution from any other insurance available to an additional insured under your policy provided that: A. The additional insured is a Named Insured under such other insurance; and B. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Product Recall Expense Under Section I — Coverage A Exclusion 2.n. does not apply to the following coverage provision: We will pay up to $50,000 for any cost or expense incurred by you for the withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of "your product" if such product is withdrawn or recalled from the market by you or any government body because of a known or suspected defect, deficiency, inadequacy or dangerous condition in "your product" that has resulted in or will result in "bodily injury" or "property damage". This coverage does not apply to: CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 19 of 20 Contains copyrighted material of American Association of Insurance Services Page 187 of 545 1. A condition in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the sale or distribution of that product; 2. Failure of the product to accomplish its intended purpose; 3. A breach of warranty of fitness, quality, durability or performance; 4. Loss of customer approval, or any cost incurred to regain customer approval; 5. Redistribution or replacement of "your product" which has been recalled by like products or substitutes; 6. Recall of "your product" that has no known or suspected defect, solely because a known or suspected defect has been found in other goods or products that are also "your product"; 7. Product withdrawal initiated due to expiration of the designated shelf life of "your product"; 8. Product withdrawal initiated due to copyright, patent, trade secret or trademark infringements; or 9. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. A deductible of $10,000 applies to Product Recall Expense. Supplementary Payments — Coverages A and B A Our limit for bail bonds in Item 1 .b. is increased from $250 to $1,000. B. Our limit for loss of earnings in Item 1.d. is increased from $250 to $300. Waiver of Transfer of Rights of Recovery Against Others to Us The Transfer of Rights of Recovery Against Others to Us Condition (Section IV — Commercial General Liability Conditions) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to: A Any person or organization which, before the loss, you have agreed, because of written contract or written agreement, to waive your right of recovery; and B. Any other person or organization that requires you to waive your right of recovery under the contract or agreement described in Paragraph A above. CON6063 (10/19) Contains copyrighted material of Insurance Services Office, Inc. Page 20 of 20 Contains copyrighted material of American Association of Insurance Services Page 188 of 545 ______........N MIKEF-1 ACORL CERTIFICATE OF LIABILITY INSURANCE 4..-----03/143/14/2024 OP ID: JT DADD/YYYY) 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 319-233-6103 The Sinnott Agency, Inc. 622 W 4th St., PO Box 1918 Waterloo, IA 50704 Daniel Sinnott CONTACT PHONE 319-233-6103 FAX 319-234-8133 (A/C, No, Ext): (A/C, No): ADDRIEss:Janant@sinnottagency.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : HASTINGS MUTUAL I�yg �p MIKE FEREDAY HEATING & AIR CONDITIONING INC 827 W 5TH ST WATERLOO, IA 50702 INSURER B : PREVISOR INSURANCE CO 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP IMM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X CPP6130444 01/01/2024 01/01/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 100,000 $ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES PECOT- PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON-OWNEDUUO ACV6130446 01/01/2024 01/01/2025 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY a E accident) DAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE ULC6130448 01/01/2024 01/01/2025 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION $ 0 $ B 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 N / A PRV3015791-00 01/01/2024 01/01/2025 " PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ A INSTALLATION FLOAT CPP6130444 01/01/2024 01/01/2025 INST. FLOATER 375,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) WHEN REQUIRED IN WRITTEN CONTRACT. SEE 2ND PAGE PROJECT: HANGAR NO. 4 IMPROVEMENTS (2023) SHOP HVAC REPLACEMENT, WATERLOO REGIONAL AIRPORT CERTIFICATE HOLDER CANCELLATION CITYWLO CITY OF 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 fUett- ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 189 of 545 NOTEPAD: HOLDER CODE CITYWLO INSURED'S NAME MIKE FEREDAY HEATING & MIKEF-1 PAGE 2 OP ID: JT Date 03/14/2024 WHEN REQUIRED IN WRITTEN CONTRACT, PER POLICY FORMS/PROVISIONS: THE CITY OF WATERLOO, IOWA, AND AECOM TECHNICAL SERVICEES, INC. ARE INCLUDED AS ADDITIONAL INSUREDS UNDER THE GENERAL LIABILITY POLICY PER CON6063 10/19, CG2038 4/13. PROJECT: HANGAR NO. 4 IMPROVEMENTS (2023) SHOP HVAC REPLACEMENT, WATERLOO REGIONAL AIRPORT Page 190 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Bill Beck, Fire Chief March 18, 2024 Fire Rescue Department AGENDA ITEM TITLE Resolution approving the submission of a public service grant application from Walmart, Inc., in the amount of $5,000.00, for community outreach and education events, and authorizing the Fire Chief to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Local Grant Guidelines Page 191 of 545 Page 192 of 545 3/6/24, 9:32 AM Spark Good Local Grants Guidelines Program Guidelines Spark Good Local Grants Guidelines Walmart believes that strengthening local communities creates value for business as well as society. Each year, Walmart U.S. stores, Sam's Clubs and Distribution Centers award local cash grants ranging from $250 to $5000. These local grants are designed to address the unique needs of the communities where we operate. The 2024 grant cycle begins March 1, 2024 Applications will be accepted on a quarterly basis. Don't know how to determine your local facility? Don't worry, the application will assist you. Before applying for a Spark Good Local Grant, organizations must review the below guidelines. Program Guidelines • Spark Good Local Grants are awarded through an open application process to eligible organizations operating locally and directly benefiting the service area of the facility from when they are requesting funding. • All organizations interested in applying for a Spark Good Local Grant must have a Spark Good account on Walmart.com/nonprofits and be verified by Walmart's third -party verification partner, Deed. Only authorized users of the organization's Spark Good account may apply. • Grant amounts range from a minimum of $250 to a maximum of $5,000. • Grant applications are accepted and reviewed on a quarterly basis. Deadlines for submissions include: o Quarter 1: March 1 - April 15 o Quarter 2: May 1 - July 15 o Quarter 3: Aug. 1 - Oct. 15 o Quarter 4: Nov. 1 - Dec. 31 • Organizations may only have a combined total number of 25 submitted and/or approved applications at any given one time for the calendar year, regardless of quarterly submission. • Final decisions on applications submitted within each quarter are made prior to the next quarter's application opening. • If approved, grant funds are distributed through electronic payment. Organization Eligibility • Organizations must have a Spark Good account and be verified by Deed, Walmart's third -party verification service provider. • If recommended for funding, the organization must provide electronic payment information to complete the approval process. All grants are disbursed through electronic payment. • Organizations applying must meet one of following criteria: o An organization holding a current tax-exempt status as a public charity under Section 501(c)(3) of the Internal Revenue Code, listed on the IRS Master File and conducting activities within the United States, classified as a public charity under Section 509(a)(1), (2) or (3) (Types I or II); and Deed verified. o A recognized government entity: state, county or city agency, including law enforcement or fire departments, that are requesting funds exclusively for public purposes and Deed verified. https://walmart.org/how-we-give/program-guidelines/spark-good-local-grants-guidelines Page 193 of &45 3/6/24, 9:32 AM Spark Good Local Grants Guidelines o A K-12 public or nonprofit private school, charter school, community/junior college, state/private college or university; or a church or other faith -based organization with a proposed project that benefits the community at large, such as food pantries, soup kitchens and clothing closets and Deed verified. Note: Non -charities, including organizations recognized as 501(c)(4)s, (c)(6)s, and (c)(19)s like homeowner's associations, civic leagues, or volunteer fire companies, are not eligible at this time. Selection and Approval Process • Facility management review applications and make initial funding recommendations on all submitted requests. • Each facility manager may set the frequency and process in which application determinations are made. • The facility manager and the grant administrator reserve the right to adjust the amount awarded to each organization without prior notice. • Organizations will be notified of any decision via e-mail. All funding decisions are final. • If an organization is recommended for funding, organization will be notified about how to set up electronic payment to complete the final approval step in the grant application process. • Upon receiving a grant, organizations may contact the local facility from which funds were awarded to discuss their announcement and/or a formal recognition event (only if desired). All grant applications are made subject to review of the organization's reputation and activities and its agreement to comply with applicable terms and conditions. Submission of an application does not guarantee funding. Funding exclusions include: organizations that deny service, membership or other involvement on the basis of race, religion, color, sex, sexual orientation, gender identity, age, national origin, ancestry, citizenship, veteran, or disability status. Access the application from your Spark Good account on Walmart.com. https://wal mart.org/how-we-give/program-guidelines/spark-good-local-grants-guidelines Page 194 of W45 3/6/24, 9:32 AM Spark Good Local Grants Guidelines Tools and Resources Grant Eligibility Walmart :;: org Walmart Corporate Site 1 Governance 1 Terms of Use 1 California Privacy Policy 1 Policies 1 Privacy & Security 1 Careers 1 © 2024 Walmart, Inc. https://walmart.org/how-we-give/program-guidelines/spark-good-local-grants-guidelines Page 195 of W45 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving the Economic Development Assistance Contract between the Iowa Economic Development Authority, Dignity Apparel, LLC, and the City of Waterloo for the High -Quality Jobs Application with the Iowa Economic Development Authority, for the addition of up to fifty-five jobs associated with their new business located at 2975 Airline Circle, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Back Alley Printers also known as dignity Apparel, has applied for the High Quality Jobs Tax Credit with the Iowa Economic Development Authority. This application is associated with the creation of up to fifty-five new jobs at their printing business located at 2975 Airline Circle. NEIGHBORHOOD IMPACT This project will have a positive impact on the neighborhood with the creation of new jobs and the utilization of a building that was recently vacated by the former owner. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 196 of 545 ATTACHMENTS 1. Signed IEDA form 2. Economic Development Assistance Contract - 23-HQJP-025 signed 3.7.2024 Page 197 of 545 IOW,4m economic development Debi V. Durham, Executive Director Iowa Economic Development Authority Business Financial Assistance Application Business Finance - Business Development Division Iowa Economic Development Authority 1963 Bell Avenue, Suite 200 Des Moines, IA 50315 iowaeda.com Email: businessfinance@iowaeda.com Application Instructions To Complete Electronic Form: Click on TEXT BOX to add text. Double click on YES/NO boxes and select "Checked" All applicants must complete the Business Financial Assistance Application, and attach only those additional sections for the components to which the applicant is applying. STATE of IOWA — Financial Assistance Program High Quality Jobs Program (HQJ) ▪ Tax Credits ❑ Direct Financial Assistance 2. Before filling out this application form, please read all applicable sections of the Iowa Code and Iowa Administrative Code (rules). https://www.legis.iowa.dov/law/administrativeRules 3. Only typed or computer -generated applications will be accepted and reviewed. Any material changes to the format, questions or wording of questions presented in this application will render the application invalid, and it will not be accepted. 4. Complete the applicable sections of the application fully. If questions are left unanswered or required attachments not submitted, an explanation must be included. 5. Use clear and concise language. Attachments should only be used when requested or as supporting documentation. 6. Any inaccurate information of a significant nature may disqualify the application from consideration. 7. The following must be submitted to Business Finance at Iowa Economic Development Authority (IEDA) to initiate the review process: • One signed application form and all required attachments submitted electronically to the project manager. Facsimile copies will not be accepted. Applications must be submitted to IEDA Business Finance before 4:00 p.m. on the fourth Monday of the month. Applications will be reviewed by the IEDA Board on the third Friday of the following month. v.1.7.2021 Page 198 of 545 Public Records Policies During the application process, the information submitted to IEDA is exempt from disclosure under the "industrial prospects" exemption found in Section 22.7(8). However, once an award is received, the industrial prospects exemption no longer applies and all documents submitted and generated during the application and negotiation process become public records under Iowa's Open Records Law (Iowa Code, Chapter 22), unless: 1) The information belongs to one of the classes of records automatically treated as confidential; or 2) You have applied for and received written notice that the information will be treated as confidential. Automatically Confidential Records IEDA automatically treats the following records as confidential and will withhold them from public inspection even without a request for confidential treatment: • Tax Records and Tax Liability Information • Quarterly Iowa Employer's Contribution and Payroll Report prepared for the Iowa Workforce Development Department • Payroll Registers • Business Financial Statements and Projections (unless those statements are already publicly available elsewhere, e.g., 10-K filings) • Personal Financial Statements Exemptions to the Open Records Law To have additional information treated as confidential, you must fill out the confidential treatment request form. This form is available by request. Under the Open Records Law, IEDA may lawfully treat certain information as confidential if that information falls within an exemption to the Open Records Law. The following exemptions represent records which may lawfully be treated as confidential under the Open Records law and which are most often applicable to the information submitted to IEDA: • Release of information would give an unfair advantage to competitors — Iowa Code Sec. 15.118 • Trade secrets — See Iowa Code section 22.7(3), see also Iowa Code Ch. 550 • Information on an industrial prospect with which the IEDA is currently negotiating — See Iowa Code section 22.7(8) • Communications not required by law, rule or regulation made to IEDA by persons outside the government to the extent that IEDA could reasonably believe that those persons would be discouraged from making them to IEDA if they were made available for general public examination — Iowa Code section 22.7(18) Non -Confidential Information Information submitted to IEDA as part of the application process or that is contained in a contract for program benefits is generally considered material to the eligibility requirements of the program or to the amount of incentives or assistance to be provided. Such information is generally not given confidential treatment. Such information includes, but is not limited to, the number and type of jobs incented, the wage levels for the incented jobs, the company's employee benefit information and the project budget. Additional Information Available. Copies of Iowa's Open Record law and IEDA's administrative rules relating to public records are available from the IEDA upon request. IEDA — Business Financial Assistance Application 2 v.10.6.2021 Page 199 of 545 SECTION A Applicant Information Date Application Submitted: 5/19/2023 1. Name of Business: Dignity Apparel 2. Entity Name(s) for contracting (please include all that are involved in proposed project): Image Pointe / Dignity Apparel / JP Management 3. Address: 1224 LaPorte Rd 4. City, State and Zip Code: Waterloo, IA 50702 5. Contact Person: Kris Field Title: Manager, Business Intelligence 6. Phone: 800 408-2388 Fax: Email: kris@imagepointe.com 7. FEIN: 87-3746919 8. Please indicate your tax period end date: December 9. NAICS Code for primary business operations: 315220 / 315240 10. US DOT Number: 11. Does the Business file a consolidated tax return under a different tax ID number? ® Yes (If yes, please also provide the tax ID number) 42-1189011 ❑ No a. Is the contact person listed above authorized to obligate the Business? ® Yes ❑ No If no, please provide the name and title of a company officer authorized to obligate the Business: 12. If the application was prepared by someone other than the contact person listed above, please complete the following: Name of Business: Address: City, State and Zip Code: Contact Person: Title: Phone: Fax: Email: Sponsor Information (A sponsor organization is a city or county) 13. Sponsor Organization: City of Waterloo 14. Official Contact (e.g. Mayor, Chairperson, etc.): Noel Anderson Title: Community Planning and Development Director 15. Address: 715 Mulberry St 16. City, State & Zip Code: Waterloo, IA 50703 17. Phone: 319 291-4366 Fax: 319 291-4262 Email: noel.anderson@waterloo-ia.org 18. If IEDA needs to contact the sponsor organization with questions, should we contact the person listed above? ® Yes ❑ No, please contact the following person: Name: Title: Address: City, State and Zip Code: Phone: Fax: Email: If necessary, please list information on additional sponsors in an attachment. IEDA — Business Financial Assistance Application 3 v.10.6.2021 Page 200 of 545 SECTION B Business Information 1. Provide a brief description and history of the Business. Include information about the Business' products or services and its markets and/or customers. Image Pointe is an S-Corporation established in 1977 and founded by Jeff & Pat Swartzendruber, who are currently 50% owners along with Josh & Beth Ruyle as 50% owners. Image Pointe provides branded merchandse to 3,500+ customers across the US, offering in-house graphic design, screen printing and embroidery services as well as 3rd party distribution of branded promotional items. Image Pointe's customers value American -made products produced and decorated by a high -quality, unionized workforce. Dignity Apparel is a Limited Liability Company established in January 2022 as a child company 100% owned by Image Pointe. Dignity Apparel is a union garment factory that manufactures garments for Image Pointe using domestically sourced fabric and trims. JP Management is 100°10 owned by Jeff & Pat Swartzendruber and is the holding company for all Image Pointe property. There is no income associated with this company. 2. Business Structure: ❑ Cooperative ❑ Corporation ® Limited Liability Company ❑ Partnership ❑ S-Corporation ❑ Sole Proprietorship 3. State of Incorporation: Iowa 4. Identify the Business' owners and percent ownership: see Item 1 above in Business Information 5. Does a woman, minority, or person with a disability own the Business? ® Yes ❑ No 6. List the Business' Iowa locations and the most current number of employees at each location. 33 7. What is the Business' worldwide employment? (Please include employees of parent company, subsidiaries and other affiliated entities in this figure.) 108 Project Information 8. Project Street Address: 2975 Airline Circle Project City and Zip Code: Waterloo, IA 50703 Project County: Black Hawk 9. Type of Business Project: ❑ Startup ❑ Expansion of Iowa Company ® New Location in Iowa 10. Does the project site qualify as a "Brownfield" or "Grayfield" site? ❑ Yes ® No If yes, please explain and document as Attachment A6. 11. Does the project provide a licensed child care facility for use by the business's employees? ❑ Yes El No If yes, please explain. We are researching this, but we don't have it in place yet. We aim to offer child care to our staff members given child care is a major hindrance for current/new staff members. 12. Describe the proposed project for which assistance is being sought. (Include project timeline with dates, facility size, infrastructure improvements, proposed products/services, any new markets, etc.) JP management is planning to purchase a building located at 2975 Airline Circle, Waterloo, Iowa 50703 to allow for growth of Dignity Apparel. Dignity Apparel's mission is to create dignified, life changing jobs where employees can realize their full potential in a safe environment with fair wages and benefits. DA aims to recruit primarily from the unemployed/underemployed communities who are excluded from the workforce, and achieved the goal of creating 25 new jobs in 2022. 19 of our 29 employees (as of Q1 2023) were previously unemployed. The majority of DA's workforce to -date are part of the Burmese refugee population in the Cedar Valley, and we have IEDA — Business Financial Assistance Application 4 v.10.6.2021 Page 201 of 545 13. established relationships with non -profits, churches, and our local government to allow for broader recruitment from other communities who are excluded from the workforce, including formerly incarcerated men and women. This expansion will allow us to not only add several High Quality jobs to Waterloo, Iowa but will also allow us to create 40 — 55+ new positions that do not require previous experience, skills, or language abilities. Our mission is to create a workplace culture and set of employment opportunities that allow our team members to establish themselves and their families for a better future. The City of Waterloo is interested in helping us obtain the site and would provide Tax Increment financing funds for the purchase of "excess land" at the site in an amount estimation of $120,000 - $150,000. The City would also be looking to make some drainage improvements in general area. The City expects to provide 50% rebates for at least 5 years on the added value of the property. Project Timeline (add additional rows as needed) Beginning Activity Date Activity Completion Date Building Purchase 9/5/2023 Renovations 1/1/2024 5/31/2024 Move -in 6/1/2024 14. Has any part of the project started*? ❑ Yes ® No If yes, please explain. For IEDA's purposes, starting the project includes: the start of construction or rehabilitation, the purchase of a building, execution of a lease, or installation of equipment to be used in the project. 15. Identify the Business' competitors. If any of these competitors have Iowa locations, please explain the nature of the competition (e.g. competitive business segment, estimated market share, etc.) and explain what impact the proposed project may have on the Iowa competitor. All significant competitors for Image Pointe and Dignity Apparel are located outside of the state of Iowa. 16. Will any of the current Iowa employees lose their jobs if this project does not proceed? ® Yes ❑ No If yes, please explain why and identify those jobs as "retained jobs" in the Project Jobs Section E. 17. Is the Business actively considering locations outside of lowa? ® Yes ❑ No If yes, where and what assistance is being offered? Chicago, Illinois was also considered as a location for the business. The CEO lives in Chicago and the Production Manager has relocated to Waterloo, Iowa from Chicago. 18. Please identify the company project management for the project location and experience. 19. The Company has assembled an experienced management team: CEO — Josh Ruyle, 15+ years experience working in leadership positions in organizations focused on business development and growth and working with international staff members, 7+ years leading Image Pointe. Director of Operations - Traci Dolan, 15+ years experience working in leadership positions in Image Pointe operations. Production Manager - Miguel Garcia, 30 years experience overseeing shirt production for a Chicago apparel manufacturer. IEDA - Business Financial Assistance Application 5 v.10.6.2021 Page 202 of 545 SECTION G Attachments Please attach the following documents: Al Project Plan Please provide an executive summary for your project. This information should include, at a minimum, expanded information about the company's products and services and any other project related information not already been described in the application for financial assistance. Please note, a traditional business plan, including an executive summary, market analysis, organization and management structure, marketing and sales management, service and product line narrative, financial projections, feasibility study and patent status, as well as any other relevant information, may be requested by the Iowa Economic Development Authority to evaluate the feasibility of this project. A2 Payroll Information (Confidential) • Copies of the Business' Quarterly Iowa Employer's Contribution and Payroll Report for the past year. This report should include the monthly employment totals. • A copy of the most recent payroll report for one pay period. The copy of the most recent payroll report for one pay period must be in Excel format and include the following information: o Company name, date of payroll and source of payroll information o Employee name and/or employee identification number o Current hourly wage - do not include bonuses, overtime or other benefit values o Indicate if the employee is full time (40 hours per week, 52 weeks per year) or part time. o A sample Excel spreadsheet can be provided by IEDA staff A3 Affidavit stating the Business has not, within the last five years, violated state or federal statutes, rules and regulations, including environmental, worker safety regulations and antitrust laws, or, if such violations have occurred, that there were mitigating circumstances or such violations did not seriously affect public health or safety or the environment. A sample affidavit can be provided by IEDA staff. A4 Financial Information (Confidential, unless already publicly available) (Existing Businesses Only) • Profit and loss statements and balance sheets for past three year -ends; • Current YTD profit and loss statement and balance sheet; • Schedule of aged accounts receivable; • Schedule of aged accounts payable; and • Schedule of other debts. A5 Collateral documentation (If requesting direct financial assistance only) A6 Brownfield or Grayfield site documentation (if applicable) IEDA — Business Financial Assistance Application 12 v.10.6.2021 Page 203 of 545 SECTION H Certification and Release of Information 1. Are there any judgments or court actions completed or pending against the applicant entity, or any current or prospective officer, principal, director or owner? ❑ Yes ® No 2. Has any current or prospective officer, principal, director or owner been accused or convicted of any wrongdoing or crime, other than a simple misdemeanor? ❑ Yes ® No 3. Have there been any current or past bankruptcies on the part of the applicant entity (or predecessor entities), or on the part of any current (or prospective) officer, principal, owner or in any business dealings of current (or prospective) officers, principals or owners of the applicant entity? ❑ Yes ® No 4. In the last five years have there been, or are there currently any investigations of potential violations of public health, safety (including workplace safety) or environmental laws by the applicant entity, or any current or prospective officer, principal, director or owner? ❑ Yes ® No 5. In the last five years have there been, or are there currently any violations of antitrust laws by the applicant entity, or any current or prospective officer, principal, director or owner? ❑ Yes ® No 6. If yes to any of the above, please provide additional explanation: I hereby give permission to the Iowa Economic Development Authority (IEDA) to research the Business' history, make credit checks, contact the Business' financial institutions, insurance carriers and perform other related activities necessary for reasonable evaluation of this application. I also hereby authorize the lowa Department of Revenue to provide to IEDA state tax information pertinent to the Business' state income tax, sales and use tax, and state tax credits claimed. I understand that all information submitted to IEDA related to this application is subject to Iowa's Open Record Law (Iowa Code, Chapter 22), unless specifically marked as confidential section. I understand the IEDA reserves the right to negotiate the financial assistance. I understand this application is subject to final approval by IEDA and the Project may not be initiated until final approval is secured. Furthermore, I am aware that funds will not be disbursed until a contract has been executed and the appropriate terms met. I understand that upon execution of the contract and prior to the issuance of a tax credit number or the disbursement of Award Funds, a recipient shall pay IEDA a one-time compliance cost fee in the amount of $500. In addition, if tax benefits are greater than $100,000, the Recipient shall remit to IEDA a compliance cost fee 0.5% of the value of the Tax Incentives claimed pursuant to the contract. The fee will be due and payable upon filing the Recipient's annual tax return for each tax year in which tax credits are claimed under the contract. I hereby certify that all representations, warranties or statements made or furnished to IEDA in connection with this application are true and correct in all material respect. I understand that it is a criminal violation under Iowa law to engage in deception and knowingly make, or cause to be made, directly or indirectly, a false statement in writing for the purpose of procuring economic development assistance from a state agency or subdivision. For the Business: For the Spo ignature 5/22/2023 Date Signature Date art 5, 2?,23 Kris Field, Manager Business Intelligence Ai° 't- !-t NvefAA4?),,,www34 Name and Title (typed or printed) Name and Title (typed or pri{nted ..ref pp T Dl 611— I EDA will not provide assistance in situations where it is determined that any representation, warranty or statement made 1 1 connection with this application is incorrect, false, misleading or erroneous in any material respect. If assistance has already been provided prior to discovery of the incorrect, false, or misleading representation, IEDA may initiate legal action to recover incentives and assistance awarded to the Business. IEDA — Business Financial Assistance Application 13 v.10.6.2021 Page 204 of 545 ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT BY BACK ALLEY PRINTERS, INC. dba IMAGE POINTE, DIGNITY APPAREL LLC, AND JP MANAGEMENT CORPORATION THE CITY OF WATERLOO, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY CONTRACT NUMBER: 23-HQJP-025 Page 205 of 545 TABLE OF CONTENTS ARTICLE 1: CONTRACT DURATION ARTICLE 2: DEFINITIONS ARTICLE 3: AWARD TERMS ARTICLE 4: CONDITIONS TO DISBURSEMENT OF FUNDS AND ISSUANCE OF TAX CREDIT NUMBER; DISBURSEMENT TERMS ARTICLE 5: SECURITY REQUIREMENTS ARTICLE 6: REPRESENTATIONS AND WARRANTIES ARTICLE 7: COVENANTS OF THE RECIPIENT ARTICLE 8: COVENANTS OF THE COMMUNITY ARTICLE 9: EVENTS OF DEFAULT; NOTICE AND OPPORTUNITY TO CURE; AND REMEDIES AVAILABLE TO IEDA ARTICLE 10: MISCELLANEOUS CONTRACT EXHIBITS Exhibit A - Recipient's Financial Assistance Application (on file with IEDA), Application # BFAA-000794 Exhibit B-1 High Quality Jobs Program - Tax Credit Special Conditions Exhibit C - Description of the Project and Award Budget Exhibit D - Job Obligations Exhibit E - Reserved Exhibit F - Reserved Contract # 23-HQJP-025 - 2 - Foil Approved 10/2018 Page 206 of 545 Economic Development Assistance Contract RECIPIENT: COMMUNITY: CONTRACT NUMBER: AWARD DATE: AWARD AMT. — TAX INCENTIVES BACK ALLEY PRINTERS, INC. dba IMAGE POINTE, DIGNITY APPAREL LLC AND JP MANAGEMENT CORPORATION WATERLOO 23-HQJP-025 JUNE 16, 2023 $142,650 This ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT (Contract) is made as of the Contract Effective Date by the Iowa Economic Development Authority (IEDA or Authority), 1963 Bell Avenue, Suite 200, Des Moines, IA 50315, and Back Alley Printers, Inc. dba Image Pointe, Dignity Apparel LLC and JP Management Corporation (Recipient), 1224 LaPorte Road, Waterloo, IA 50702 and the City of Waterloo (Community), 715 Mulberry St., Waterloo, IA 50703. WHEREAS, the Recipient submitted an application to IEDA requesting assistance in financing its Project as more fully described in Exhibit C, Description of the Project and Award Budget (the Project); and WHEREAS, the Iowa Economic Development Authority Board (IEDA Board) awarded the Recipient assistance for the Project from the funding sources identified herein (collectively, the Award), all of which are subject to the terms and conditions set forth herein; and NOW THEREFORE, in consideration of the mutual promises contained herein and intending to be legally bound, the Recipient, the Community, and IEDA agree to the following terms: Contract # 23-HQJP-025 - 3 - Fnit Approved 10/2018 Page 207 of 545 ARTICLE 1: CONTRACT DURATION This Contract shall be in effect on the Contract Effective Date and shall remain in effect until after completion of each of the following: (a) Through Project Completion Date. Through the Project Completion Period and for a reasonable period of time after Project Completion Date during which IEDA will conduct Project closeout procedures to verify that the Project was completed in compliance with Contract requirements. (b) Through Maintenance Period Completion Date and Contract Closeout. Through the Maintenance Period Completion Date and for a reasonable period of time after Maintenance Period Completion Date during which IEDA will conduct closeout procedures to verify that the Project was maintained in compliance with Contract requirements. (c) Repayment or Payment Obligation. Until all outstanding amounts due to IEDA, if any, are received by IEDA or all outstanding obligations to IEDA are satisfied in full. (d) Contract End Date. Until IEDA has completed Contract closeout procedures and provided Recipient and Community with written Notice of Final Contract Closeout. This Contract shall terminate as of the date stated in the written Notice of Final Contract Closeout. Such date shall be the Contract End Date. ARTICLE 2: DEFINITIONS The following terms apply to this Contract: "Affiliate" means any entity to which any of the following applies: a. Directly, indirectly, or constructively controls another entity. b. Is directly, indirectly or constructively controlled by another entity. c. Is subject to the control of a common entity. A common entity is one which owns directly or individually more than ten percent of the voting securities of the entity. "Award" means any and all assistance provided by IEDA for the Project under this Contract. "Award Date" means the date first stated in this Contract and is the date the IEDA Board approved the award of financial assistance to the Recipient for the Project. "Award Funds" means the cash that is provided by IEDA for this Project as Project Completion Assistance, including loans. "Base Employment Level" means the number of Full -Time Equivalent positions as established by IEDA and Recipient using Recipient's payroll records, as of the date Recipient applied for Tax Incentives or Project Completion Assistance. The number of jobs Recipient has pledged to create and retain shall be in addition to the Base Employment Level. "Benefits" means nonwage compensation provided to an employee. Benefits include medical and dental insurance plans, pension, retirement, and profit-sharing plans, child care services, life insurance coverage, vision insurance coverage, and disability insurance coverage. "Brownfield site" means an abandoned, idled, or underutilized property where expansion or redevelopment is complicated by real or perceived environmental contamination. A brownfield site includes property contiguous with the site on which the property is located. A brownfield site does not include property which has been placed, or is proposed for placement, on the national priorities list established Contract # 23-HQJP-025 - 4 - Fm( Approved 10/2018 Page 208 of 545 pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42, U.S.C. 9601 et seq. In order to administer similar programs in a similar manner, the IEDA will attempt to apply this definition in substantially the same way as similar definitions are applied by the Brownfield Advisory Council established in Iowa code section 15.294 and may consult members of the council or other staff as necessary. "Contract Effective Date" means the latest date on the signature page of this Contract. "Contract End Date" means the date stated in the Notice of Final Contract Closeout issued by IEDA pursuant to Article 1. "Created Job" means a new, permanent, Full -Time Equivalent (FTE) position added to Recipient's payroll in excess of the Base Employment Level at the time of application for Tax Incentives or Project Completion Assistance. "Full -Time Equivalent job," "FTE," or "full-time" means the employment of one person: 1. For 8 hours per day for a 5-day, 40-hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave; or 2. The number of hours or days per week, including paid holidays, vacations and other paid leave, currently established by schedule, custom, or otherwise, as constituting a week of full-time work for the kind of service an individual performs for an employing unit, provided that the number of hours per week is at least 32 hours per week for 52 weeks per year including paid holidays, vacations, and other paid leave. For purposes of this definition, "employment of one person" means the employment of one natural person and does not include "job sharing" or any other means of aggregation or combination of hours worked by more than one natural person. "Grayfield site" means a property meeting all of the following requirements: a. The property has been developed and has infrastructure in place, but the property's current use is outdated or prevents a better or more efficient use of the property. Such property includes vacant, blighted, obsolete, or otherwise underutilized property. b. The property's improvements and infrastructure are at least twenty-five years old and one or more of the following conditions exists: (1) Thirty percent or more of a building located on the property that is available for occupancy has been vacant or unoccupied for a period of twelve months or more. (2) The assessed value of the improvements on the property has decreased by twenty-five percent or more. (3) The property is currently being used as a parking lot. (4) The improvements on the property no longer exist. c. The Authority will attempt to apply this definition in substantially the same manner as similar definitions are applied by the Brownfield Advisory Council established in Iowa code section 15.294. "Job Obligations" means the jobs that must be created or retained as a result of receipt of state or federal financial assistance, Project Completion Assistance, or Tax Incentives from IEDA and that are required to meet the Qualifying Wage Threshold requirements. Recipient's Job Obligations are specified in Exhibit D of this Contract. Jobs that do not meet the Qualifying Wage Threshold requirements shall not be counted toward Recipient's job creation or job retention obligations contained in Exhibit D. The Job Obligations in Exhibit D include Recipient's Base Employment Level and the number of new jobs required to be created above the Base Employment Level. If the Project is a Modernization Project, the Job Obligations will not include Created or Retained Jobs but the Recipient will be required to maintain the Base Employment Level. Contract # 23-HQJP-025 - 5 - Frn1 Approved 10/2018 Page 209 of 545 "Laborshed Wage" means the Qualifying Wage Threshold applicable to Recipient's Project as calculated pursuant to rule 261 IAC 173.2 and 261 IAC chapter 174 and as specified in Exhibit D of this Contract. "Loan" means an Award of assistance with the requirement that the Award be repaid with term, interest rate, and other conditions specified as part of the conditions of the Award. "Loan" includes deferred loans, forgivable loans, and float loans. A "deferred loan" is one for which the payment for principal, interest, or both, is not required for some specified period. A "forgivable loan" is one for which repayment is eliminated in part or entirely if the borrower satisfies specified conditions. A "float loan" means a short-term loan, not to exceed 30 months, made from obligated but unexpended moneys. "Maintenance Period" means the period of time between the Project Completion Date and the Maintenance Period Completion Date. The Project must be maintained in Iowa for this period of time. "Maintenance Period Completion Date" means the date on which the Maintenance Period ends. The specific date on which the Maintenance Period ends is identified in Exhibit D. "Modernization Project" means a Project in which no high quality jobs are created or retained but economic activity is furthered by the qualifying investment and will result in increased skills and wages for the current employees. "Person" means as defined in Article 6.1(g) of this Contract. "Project" means the description of the work and activities to be completed by the Recipient as outlined in Exhibit C - Description of the Project and Award Budget. "Project Completion Assistance" means financial assistance or technical assistance provided to an eligible business in order to facilitate the start-up, location, modernization, or expansion of the business in this state and provided in an expedient manner to ensure the successful completion of the start-up location, modernization, or expansion project. "Project Completion Date" means the date by which the Recipient of incentives or assistance has agreed to meet all the terms and obligations contained in this Contract. The Project Completion Date will be a date by which the project must be completed, all incented jobs must be created or retained, and all other applicable requirements must be met. The specific date on which the project completion period ends is identified in Exhibit D. "Project Completion Period" means the period of time between the Award Date and the Project Completion Date. "Qualing Jobs" are those Created or Retained Jobs that meet or exceed the Qualifying Wage Threshold Requirement established to qualify for program funding for the programs providing assistance to this Project. "Quaking Wage Threshold" means the Laborshed Wage as calculated by IEDA pursuant to statute and rule for each program under which financial assistance or Tax Incentives for this Project are awarded. The Qualifying Wage Threshold Requirement for this Project is outlined in Exhibit D, Job Obligations. "Recipient's Employment Base" means the number of jobs as stated in Exhibit D — Job Obligations that the Recipient and IEDA have established as the Base Employment Level for this Project. The number of jobs the Recipient has pledged to create shall be in addition to the Recipient's Employment Base. "Retained Job" means an existing job that meets the Qualifying Wage Threshold Requirements and Contract # 23-HQJP-025 - 6 - Frnt Approved 10/2018 Page 210 of 545 would be eliminated or moved to another state if the Project did not proceed in Iowa. "Sufficient Benefits" means that Recipient offers to each Full -Time Equivalent permanent position a benefits package that meets one of the following: 1. Recipient pays 70 percent of the premium costs for a standard medical plan for single employee coverage with the maximum deductible specified for this project in Exhibit D; or 2. Recipient pays 60 percent of the premium costs for a standard medical plan for employee family coverage with the maximum deductible specified for this project in Exhibit D; or 3. Recipient provides medical coverage and pays the monetary equivalent of paragraph"1" or "2" above in supplemental employee benefits. Benefits counted toward monetary equivalent could include medical coverage, dental coverage, vision insurance, life insurance, pension, retirement, 401k, profit sharing, disability insurance, and child care services. "Tax Incentives" means the tax credits, refunds, or exemptions IEDA has awarded for this Project as detailed in Article 3. "Total Project Cost" means the cost incurred by the Recipient to complete the Project as described in Exhibit C. ARTICLE 3: AWARD TERMS 3.1 Total Award Amount. The IEDA Board has approved an Award to the Community and Recipient from the funding sources and in the maximum amounts shown below: TAX INCENTIVES FORM MAXIMUM AMOUNT High Quality Jobs Program Tax Incentives $ 142,650 TOTAL STATE TAX INCENTIVES: $ 142,650 3.2 Terms and Conditions of Award. The terms and conditions of the Award shall be as described in this Contract and the following incorporated exhibit(s): Exhibit B-1 High Quality Jobs Program — Tax Credit Component Special Conditions ARTICLE 4: CONDITIONS TO AWARD; DISBURSEMENT AND ISSUANCE TERMS 4.1 Reserved. 4.2 Tax Incentives —Conditions to Issuance of Tax Credit Number. (a) Tax Credit Number Required to Claim Incentives. Recipient shall not claim the Tax Incentives described in Article 3 until IEDA has issued a tax credit number for this Project and Recipient has undertaken the activities described in this Contract and the applicable law to be eligible for such Tax Incentives. (b) Issuance of Tax Credit Number. Upon satisfaction of the conditions described herein, IEDA will issue a tax credit number to the Recipient for this Project. The tax credit number shall be used in preparing any claims for Tax Incentives. Contract # 23-HQJP-025 - 7 - Fnu Approved 10/2018 Page 211 of 545 (c) Conditions to Issuance of Tax Credit Number. The obligation of IEDA to issue a tax credit number shall be subject to the conditions precedent described in Article 4. (d) Documents Submitted. IEDA shall have received the documents described in section 4.3, properly executed and completed, and approved by IEDA as to form and substance, prior to issuing any tax credit number. 4.3 Documents required. (a) Contract. Fully executed Contract. (b) Incorporation Documents. Copies of the Articles of Incorporation or the Articles of Organization, whichever is appropriate, of the Recipient, certified in each instance by its secretary or assistant secretary. (c) Certificate of Existence; Certificate of Authority. A certificate of existence for the Recipient from the State of incorporation or organization, whichever is appropriate, and a certificate of authority authorizing the Recipient to conduct business in the state of Iowa, if it is not organized or incorporated in Iowa. (d) Results of Lien and Tax Search and Documentation of Satisfactory Credit History. Financing statement, tax and judgment lien search results, in the Recipient's state of incorporation or organization, against the Recipient and/or the property serving as the Recipient's security under this Contract, and documentation of satisfactory credit history of the Recipient and guarantors, as applicable, with no judgments or unsatisfied liens or similar adverse credit actions. (e) Other Required Documents. Such other contracts, instruments, documents, certificates and opinions as IEDA may reasonably request. (f) Solid or Hazardous Waste Audit. To comply with Iowa Code section 15A.1(3)"b," if the Recipient generates solid or hazardous waste, it must either: a) submit a copy of the Recipient's existing in-house plan to reduce the amount of waste and safely dispose of the waste based on an in-house audit conducted within the past 3 years; or b) submit an outline of a plan to be developed in-house; or c) submit documentation that the Recipient has authorized the Iowa Department of Natural Resources or Iowa Waste Reduction Center to conduct the audit. (g) Release Form — Confidential Tax Information. A signed Authorization for Release of Confidential State Tax Information form to permit IEDA to receive the Recipient's state tax information directly from the Iowa Department of Revenue for the purpose of evaluation and administration of Tax Incentives and other state financial assistance programs. (h) Project Financial Commitments. The Recipient shall have submitted documentation acceptable to IEDA from the funding sources identified in Exhibit A committing to the specified financial involvement in the Project and received the IEDA's approval of the documentation. The documentation shall include the amount, terms and conditions of the financial commitment, as well as any applicable schedules and may include agreements and resolutions to that effect. (i) State Building Code Bureau Approval. If any part of the Award proceeds will be used for the construction of new buildings and if any of the following applies: 1. The building or structure is located in a governmental subdivision which has not adopted a local building code; or Contract # 23-HQJP-025 - 8 - Mot Approved 10/2018 Page 212 of 545 2. The building or structure is located in a governmental subdivision which has adopted a building code, but the building code is not enforced; or 3. Bidding for construction shall not be conducted prior to obtaining written approval of the final plans by the State Building Code Bureau of the Iowa Department of Public Safety. 4.4 Suspension, Reduction or Delay of Award. Any one or more of the following shall be grounds for IEDA to suspend, delay or reduce the amount of disbursement of Award Funds or delay the issuance of a tax credit number or receipt of Tax Incentives: (a) Suspected event of default. If IEDA believes an event of default has occurred, IEDA has the discretion to temporarily suspend or delay disbursement or issuance of the Award Funds or Tax Incentives while the suspected event of default is being investigated or resolved. (b) Unremedied event of default. Upon the occurrence of an Event of Default, as defined in this Contract, by the Recipient, IEDA may suspend payment or issuance of the Award to the Recipient until such time as the default has been cured. (c) Layoff, closure or relocation. In the event the Recipient experiences a layoff within the state of Iowa, relocates, closes any of its Iowa facilities or for Modernization Projects, reduces its Base Employment Level, IEDA has the discretion to reduce or eliminate some or all of the Award. (d) Reduction, discontinuance or alteration of state funding/programs. Any termination, reduction, or delay of funds or Tax Incentives available due, in whole or in part, to (i) lack of, reduction in, or a deappropriation of revenues or Tax Incentives previously appropriated or authorized for this Contract, or (ii) any other reason beyond the IEDA' s control may, in the IEDA' s discretion, result in the suspension, reduction or delay of Award Fund or authorization or issuance of Tax Incentives to the Recipient. 4.5 Closing Cost Fee. Upon execution of the contract and prior to the issuance of a tax credit number or the disbursement of Award Funds, an eligible business shall remit to the Authority a one-time compliance cost fee in the amount of $500. ARTICLE 5: RESERVED. ARTICLE 6: REPRESENTATIONS AND WARRANTIES 6.1 Representations of Recipient. The Recipient represents and warrants to IEDA as follows: (a) Organization and Qualifications. The Recipient is duly organized, validly existing and in good standing under the state of its incorporation or organization, whichever is appropriate, and is authorized to conduct business in the state of Iowa. The Recipient has full and adequate power to own its property and conduct its business as now conducted, and is duly licensed or qualified and in good standing in each jurisdiction in which the nature of the business conducted by it or the nature of the property owned or leased by it requires such licensing or qualifying, except where the failure to so qualify would not have a material adverse effect on the Recipient's ability to perform its obligations hereunder. (b) Authority and Validity of Obligations. The Recipient has full right and authority to enter into this Contract. The person signing this Contract has full authority on behalf of Recipient to execute this Contract and issue, execute or otherwise secure or deliver any documents or obligations required under this Contract on behalf of the Recipient, and to perform, or cause to be performed, each and all of the obligations under Contract # 23-HQJP-025 - 9 - Mot Approved 10/2018 Page 213 of 545 the Contract. The Contract delivered by the Recipient has been duly authorized, executed and delivered by the Recipient and constitutes the valid and binding obligations of the Recipient and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction, order, or decree binding upon the Recipient or any provision of the corporate governance documents of the Recipient, nor does this Contract contravene or constitute a default under any covenant, indenture or contract of or affecting the Recipient or any of its properties. (c) Affiliates. The Recipient has no Affiliates involved with the Project on the Contract Effective Date. (d) Financial Reports. The balance sheet of the Recipient furnished to IEDA fairly presents its financial condition as of said date and is in conformity with Generally Accepted Accounting Principles (GAAP) applied on a consistent basis. The Recipient has no contingent liabilities which are material to it, other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished to IEDA. (e) No Material Adverse Change. Since the Award Date, there has been no change or the Recipient foresees no change in the condition (financial or otherwise) of the Recipient or the prospects of the Recipient, except those occurring in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. To the knowledge of the Recipient, there has been no material adverse change in the condition of the Recipient, financial or otherwise, or the prospects of the Recipient. (f) Full Disclosure; Recipient's Financial Assistance Application. The statements and other information furnished to the IEDA by Recipient in its Financial Assistance Application and in connection with the negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The IEDA acknowledges that, as to any projections furnished to the IEDA, the Recipient only represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (g) Trademarks, Franchises and Licenses. The Recipient owns, possesses, or has the right to use all necessary patents, licenses, franchises, trademarks, trade names, trade styles, copyrights, trade secrets, knowhow and confidential commercial and proprietary information to conduct its business as now conducted, without known conflict with any patent, license, franchise, trademark, trade name, trade style, copyright or other proprietary right of any other Person. As used in this Contract, "Person" means an individual, partnership, corporation, association, trust, unincorporated organization or any other entity or organization, including a government or agency or political subdivision thereof. (h) Governmental Authority and Licensing. The Recipient has received all licenses, permits, and approvals of all Federal, state, local, and foreign governmental authorities, if any, necessary to conduct its business, in each case where the failure to obtain or maintain the same could reasonably be expected to have a material adverse effect. No investigation or proceeding which, if adversely determined, could reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of the Recipient, threatened. (i) Litigation and Other Controversies. There is no litigation or governmental proceeding pending, nor to the knowledge of the Recipient, threatened, against the Recipient which, if adversely determined would result in any material adverse change in the financial condition, properties, business or operations of the Recipient, nor is the Recipient aware of any existing basis for any such litigation or governmental proceeding. (j) Good Title. The Recipient has good and defensible title to or valid leasehold interests in all of its property involved with the Project including, without limitation, the Secured Property if real property is a Contract # 23-HQJP-025 - 10 - Frni Approved 10/2018 Page 214 of 545 security for this Contract reflected on the most recent balance sheets furnished to the IEDA, except for sales of assets in the ordinary course of business. (k) Taxes. All tax returns the Recipient is required to file in any jurisdiction have, in fact, been filed, and all taxes, assessments, fees and other governmental charges upon the Recipient or upon any of its property, income or franchises, which are shown to be due and payable in such returns, have been paid, except such taxes, assessments, fees and governmental charges, if any, which are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and as to which adequate reserves established in accordance with GAAP have been provided. The Recipient knows of no proposed additional tax assessment against it for which adequate provisions in accordance with GAAP have not been made on its accounts. Adequate provisions in accordance with GAAP for taxes on the books of the Recipient have been made for all open years, and for their current fiscal period. (1) Other Contracts. The Recipient is not in default under the terms of any covenant, indenture or contract of or affecting the Recipient's business or any of its properties, which default, if uncured, would have a material adverse effect on its financial condition, properties, business or operations. (m) No Event of Default. No Event of Default, as defined in Article 9, has occurred or is continuing. (n) Compliance with Laws. The Recipient is in compliance with the requirements of all federal, state and local laws, rules and regulations applicable to or pertaining to the business operations of the Recipient and laws and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous wastes or substances, non-compliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Recipient. The Recipient has not received notice that its operations are not in compliance with any of the requirements of applicable federal, state or local environmental or health and safety statutes and regulations or are the subject of any governmental investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could have a material adverse effect on the financial condition, properties, business or operations of the Recipient. (o) Effective Date of Representations and Warranties. The warranties and representations of this Article are made as of the Contract Effective Date and shall be deemed to be renewed and restated by the Recipient at the time each request for disbursement of Award Funds is submitted to IEDA or each time Tax Incentives are claimed by the Recipient. 6.2 Representations of Community. (a) Local Approvals Received; Authority and Validity of Obligations. The Community has secured all necessary local approvals and has full right and authority to enter into this Contract. The person signing this Contract has full authority on behalf of the Community to: 1. Sign this Contract, and 2. Perform each and all of the Community's obligations under this Contract. The Contract delivered by the Community has been duly authorized, executed and delivered by the Community and constitutes the valid and binding obligations of the Community and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction, order or decree binding upon the Community or contravene or constitute a default under any covenant, indenture or contract of or affecting the Community or any of its properties. (b) Local Commitment. The Community represents that there are legally enforceable commitments in Contract # 23-HQJP-025 - 11 - Foil Approved 10/2018 Page 215 of 545 place for the Community local commitment identified for the Project in Exhibit C -Description of the Project and Award Budget. (c) No Material Adverse Change. Since the Award Date, there has been no material adverse change in the Community's ability to perform its obligations under this Contract. (d) Full Disclosure; Community's Financial Assistance Application. The statements and other information furnished to the IEDA by the Community in the Financial Assistance Application and in connection with the negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The IEDA acknowledges that, as to any projections furnished to the IEDA, the Community only represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (e) Governmental Authority and Licensing. The Community has received all licenses, permits, and approvals of all federal, state, local, and foreign governmental authorities, if any, necessary to perform its obligations under this Contract. No investigation or proceeding which, if adversely determined, could reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of the Community, threatened. (f) Litigation and Other Controversies. There is no litigation or governmental proceeding pending, nor to the knowledge of the Community, threatened, against the Community which, if adversely determined would result in any material adverse change in the Community's ability to perform under this Contract, nor is the Community aware of any existing basis for any such litigation or governmental proceeding. (g) No Event of Default. No Event of Default by the Community, as defined in Article 9, has occurred or is continuing. (h) Compliance with Laws. The Community is in compliance with the requirements of all federal, state and local laws, rules and regulations applicable to or pertaining to the operations of the Community and laws and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous wastes or substances, non-compliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Community in relation to the Community's ability to perform its obligations under this contract. The Community has not received notice that its operations are not in compliance with any of the requirements of applicable federal, state or local environmental or health and safety statutes and regulations or are the subject of any governmental investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could have a material adverse effect on the financial condition, properties, business or operations of the Community in relation to the Community's ability to perform its obligations under this contract. (i) Effective Date of Representations and Warranties. The warranties and representations of this Article are made as of the Contract Effective Date. ARTICLE 7: COVENANTS OF THE RECIPIENT For the duration of this Contract, the Recipient covenants to IEDA as follows: 7.1 Project Performance Obligations. (a) Use Award Funds only for Project. The Recipient shall use the Award Funds only for the Project and for the activities described in Exhibit C -Description of the Project and Award Budget and this Contract. Use of the Award Funds shall conform to the Budget for the Project as detailed in Exhibit C -Description Contract # 23-HQJP-025 - 12 - Fort Approved 10/2018 Page 216 of 545 of the Project and Award Budget. The Recipient represents that there are legally enforceable commitments in place from the funding sources identified for the Project in Exhibit C -Description of the Project and Award Budget. (b) Meet and Maintain Eligibility Requirements. Recipient shall continue to meet and maintain all statutory eligibility requirements for the funding sources providing assistance under this Contract. (c) Project Time Period. This Contract covers the Project time period from the Award Date through the Maintenance Period Completion Date. Recipient shall complete and maintain the Project within the Project time period shown below: COMPLIANCE MEASUREMENT POINT COMPLIANCE MEASUREMENT POINT Award Date Project Completion Period Project Completion Date Maintenance Period Maintenance Period Completion Date Contract Closeout "Award Date" is "Project "Project "Maintenance "Maintenance Period IEDA will conduct the date first Completion Completion Date" is Period" is the Completion Date" is Contract Closeout stated in this Period" is the the date defined in period of time the date defined in procedures after all Contract and is period of time Exhibit D by which between the Exhibit D on which events described in the date the between the Award the Recipient must Project the Maintenance Article 1 have been IEDA Board Date and the complete the Completion Period ends. met. approved the Project Completion Project. Date and the awarding of Date. Maintenance At this point, IEDA "Contract End Date" financial At this point, IEDA Period will review the Project is the date stated in assistance to the will review the Completion to verify that it was IEDA's written Recipient for the Project to verify Date. The maintained in Notice of Final Project. compliance with Project must be compliance with Contract Closeout Contract terms and maintained in Contract terms and that is issued obligations. Iowa for this period of time. obligations. pursuant to Article 1. (d) Complete Project by Project Completion Date. By the Project Completion Date, Recipient shall complete the Project, make the total investment it pledged for the Project and in accordance with the Award Budget as detailed in Exhibit C - Description of the Project and Award Budget, and comply with all other performance requirements described in this Contract. (e) Total Project Costs. By the Project Completion Date, Recipient shall have completed the Project with a Total Project Cost as detailed in Exhibit C - Description of the Project and Award Budget. (f) Maintain Project through Maintenance Period Completion Date. Recipient shall maintain the Project through the Maintenance Period Completion Date. (g) Maintain Project in Iowa During Contract Period. The Recipient shall at all times preserve and maintain its existence as a corporation in good standing and maintain the Project in Iowa. The Recipient will preserve and keep in force and effect all licenses, permits, franchises, approvals, patents, trademarks, trade names, trade styles, copyrights and other proprietary rights necessary to the proper conduct of its respective business. 7.2 Taxes and Insurance. (a) Pay Taxes and Assessments. The Recipient shall duly pay and discharge all taxes, rates, assessments, fees, and governmental charges upon or against its properties, in each case before the same Contract # 23-HQJP-025 - 13 - Fnmt Approved 10/2018 Page 217 of 545 become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings and adequate reserves are provided therefore. (b) Maintain Insurance. The Recipient shall insure and keep insured in good and responsible insurance companies all insurable property owned by it which is of a character usually insured by Persons similarly situated and operating like properties against loss or damage from such hazards or risks as are insured by Persons similarly situated and operating like properties, and the Recipient shall insure such other hazards and risks, including employers' and public liability risks in good and responsible insurance companies as and to the extent usually insured by Persons similarly situated and conducting similar business. The Recipient will, upon request of IEDA, furnish a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Article. 7.3 Preserve Project and Protect Security. (a) Maintenance of Properties. The Recipient shall maintain, preserve and keep its properties in good repair, working order and condition, ordinary wear and tear excepted, and will from time to time make all needful and proper repairs, renewals, replacements, additions and betterments thereto so that at all times the efficiency thereof shall be fully preserved and maintained in accordance with prudent business practices. (b) Restrictions on Security. If Security is required pursuant to Article 5 of this Contract, the Recipient shall not, without prior written disclosure to IEDA and prior written consent of IEDA, which shall not be unreasonably withheld, directly or indirectly: 1. Sell, transfer, convey, assign, encumber or otherwise dispose of any of the Secured Property for this Project. 2. Place or permit any restrictions, covenants or any similar limitations on the Secured Property or in the Security Documents for the Project. 3. Remove from the Project site or the State all or any part of the Secured Property. 4. Create, incur or permit to exist any lien of any kind on the Secured Property. 7.4 Recipient Changes. (a) No Changes in Recipient Operations. The Recipient shall not materially change the Project or the nature of the business and activities being conducted or proposed to be conducted by Recipient, as described in the Recipient's approved Financial Assistance Application, Exhibit A of this Contract, unless approved in writing by IEDA prior to the change. (b) Changes in Recipient Ownership, Structure and Control. The Recipient shall not materially change the ownership, structure, or control of the business if it would adversely affect the Project. This includes, but is not limited to, entering into any merger or consolidation with any person, firm or corporation or permitting substantial distribution, liquidation or other disposal of assets directly associated with the Project. Recipient shall provide IEDA with advance notice of any proposed changes in ownership, structure or control. The materiality of the change and whether the change adversely affects the Project shall be as reasonably determined by IEDA. 7.5 Required Reports. (a) Review of Reports. The Recipient shall prepare, sign and submit required reports, in the form and content required by IEDA, as specified in this Contract. Contract # 23-HQJP-025 - 14 - Fm! Approved 10/2018 Page 218 of 545 (b) Reports. The Recipient shall prepare, sign and submit the following reports to the IEDA throughout the Contract period: Report Due Date Annual Project Status Report July 31sS for the period ending June 30t' The Annual Project Status Report will collect information from the Recipient about the status of the Project. End of Project Report Within 30 days of Project Completion Date The End of Project Report will collect information from the Recipient about the completed Project. End of Maintenance Period Report Within 30 days of the end of the Maintenance Period Completion Date The End of Maintenance Period Report will collect information from the Recipient's continued maintenance of the Project. (c) Additional Reports, Financial Statements as Requested by IEDA. The IEDA reserves the right to require more frequent submission of reports if, in the opinion of the IEDA, more frequent submissions would provide needed information about Recipient's Project performance, or if necessary in order to meet requests from the Iowa General Assembly, the Department of Management or the Governor's office. At the request of IEDA, Recipient shall submit its annual financial statements completed by an independent CPA, or other financial statements including, but not limited to, income, expense, and retained earnings statements. 7.6 Compliance with Laws. (a) State, local and federal laws. Recipient shall comply in all material respects with the requirements of all applicable federal, state and local laws, rules, regulations and orders. (b) Environmental laws. Recipient shall comply in all material respects with all applicable environmental, hazardous waste or substance, toxic substance and underground storage laws and regulations, and the Recipient shall obtain any permits or licenses and shall acquire or construct any buildings, improvements, fixtures, equipment or its property required by reason of any applicable environmental, hazardous waste or substance, toxic substance or underground storage laws or regulations. (c) Nondiscrimination laws. Recipient shall comply in all material respects with all applicable federal, state, and local laws, rules, ordinances, regulations and orders applicable to the prevention of discrimination in employment, including the administrative rules of the Iowa Department of Management and the Iowa Civil Rights Commission which pertain to equal employment opportunity and affirmative action. (d) Worker rights and safety. The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules, ordinances, regulations and orders applicable to worker rights and worker safety. (e) Immigration laws. Recipient shall only employ individuals legally authorized to work in this State. In addition to any and all other applicable penalties provided by current law, all or a portion of the Award is subject to recapture by IEDA if Recipient is found to employ individuals not legally authorized to work in the State of Iowa. Contract # 23-HQJP-025 - 15 - Fnu Approved 10/2018 Page 219 of 545 (f) Compliance with IEDA 's Administrative Rules. Recipient shall comply with IEDA's administrative rules for the programs under which assistance is provided to the Project and rules governing administration of this Contract. 7.7 Inspection and Audit. The Recipient shall permit the IEDA and its duly authorized representatives, at such reasonable times and reasonable intervals as the IEDA may designate, to: (a) Conduct site visits and inspect the Project. (b) Audit financial records related to the Project. (c) Examine and make copies of the books of accounts and other financial records of the Recipient related to the Project. (d) Discuss the affairs, finances and accounts of the Recipient with, and to be advised as to the same by, its officers, and independent public accountants. By this provision, the Recipient authorizes such accountants to discuss with the IEDA and the IEDA's duly authorized representatives the finances and affairs of the Recipient. 7.8 Maintenance and Retention of Records. (a) Maintain Accounting Records. The Recipient is required to maintain its books, records and all other evidence pertaining to this Contract in accordance with GAAP and such other procedures specified by IEDA. (b) Access to Records. Records to verify compliance with the terms of this Contract shall be available at all times, and made available to IEDA and its designees at places and times designated by IEDA, for the duration of this Contract and any extensions thereof. Recipient shall make its records available to: (i) IEDA; (ii) IEDA's internal or external auditors, agents and designees; (iii) the Auditor of the State of Iowa; (iv) the Attorney General of the State of Iowa; (v) the Iowa Division of Criminal Investigations and any other applicable law enforcement agencies. (c) Records Retention Period. Recipient shall retain the records for a period of three (3) years from the Contract End Date, unless the records are the subject of an audit, investigation, or administrative or legal proceeding. In those instances, the records shall be retained until the audit, investigation or proceeding has been resolved. 7.9 Required Notices from Recipient to IEDA. (a) Notice of Major Changes. Recipient shall provide IEDA with written notice within thirty (30) days of the occurrence of: (a) any event that has a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract; (b) the termination of the business conducted at the Project; (c) a material modification ofthe nature ofthe business conducted at the Project; and (d) the transfer of the Project or any material interest in the Project in connection with financing or refinancing the Project. (b) Notice of Proceedings. Without limiting Section 7.9(a), Recipient shall promptly provide IEDA with written notice within ten (10) days of the occurrence of any claims, lawsuits, bankruptcy proceedings, or other proceedings brought against Recipient that have a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract. 7.10 Indemnification. The Recipient shall indemnify, defend and hold harmless the IEDA; the State Contract # 23-HQJP-025 - 16 - Fn0Approvved 10/2018 Page 220 of 545 of Iowa; its departments, divisions, agencies, sections, commissions, officers, employees and agents from and against all losses, liabilities, penalties, fines, damages and claims ,including taxes, and all related costs and expenses ,including reasonable attorneys' fees and disbursements and costs of investigation, litigation, settlement, judgments, interest and penalties, arising from or in connection with any of the following: (a) Any claim, demand, action, citation or legal proceeding arising out of or resulting from the Project; (b) Any claim, demand, action, citation or legal proceeding arising out of or resulting from a breach by the Recipient of any representation, warranty or covenant made by the Recipient in this Contract; (c) Any claim, demand, action, citation or legal proceeding arising out of or related to occurrences that the Recipient is required to insure against as provided for in this Contract; and (d) Any claim, demand, action, citation or legal proceeding which results from an act or omission of the Recipient or any of its agents in its or their capacity as an employer of a person. 7.11 Repayment of Unallowable Costs. Recipient shall repay any Award received or realized that is determined by IEDA, its auditors, agents or designees, the Auditor of the State of Iowa, or similar authorized governmental entity to be unallowable under the terms of this Contract. 7.12 Ongoing Fees Based on Claims. For the duration of this Contract and for as long as Recipient claims or applies for benefits against its Iowa tax liability under this Contract, Recipient shall remit to the Authority a compliance cost fee equal to one-half of 1 percent of the value of the Tax Incentives claimed pursuant to this Contract. The fee shall be due and payable upon filing the Recipient's annual tax return for each tax year in which the Recipient claims Tax Incentives under this Contract. ARTICLE 8: COVENANTS OF THE COMMUNITY For the duration of this Contract, the Community covenants to IEDA as follows: 8.1 Local Match. The Community shall provide the local financial assistance for the Project as described in Exhibit C, Project Description and Award Budget. 8.2 Notice to IEDA. In the event the Community becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, any change in the Recipient's ownership, structure or operation, or any other similar occurrence, the Community shall promptly provide written notice to IEDA. ARTICLE 9: DEFAULTS AND REMEDIES 9.1 Default by Recipient. An unremedied Event of Default may result in termination of this Contract and repayment of all or a portion of the Award Funds disbursed to Recipient and the value of the Tax Incentives actually received, plus applicable default interest and costs. (a) Events of Default Any one or more of the following shall constitute an "Event of Default" under this Contract: 1. Nonpayment. Failure to make a payment when due of any Loan or other payment required by this Contract whether by lapse of time, acceleration or otherwise; or 2. Noncompliance with Covenants. Default in the observance or performance of any covenant set Contract # 23-HQJP-025 - 17 - Fin( Approved 10/2018 Page 221 of 545 forth in Article 7, for more than twenty (20) business days; or 3. Noncompliance with Security Documents. Default in the observance or performance of any term of any Security Document if required in Article 5 beyond any applicable grace period set forth therein; or 4. Noncompliance with Contract. Default in the observance or performance of any other provision of this Contract; or 5. Material Misrepresentation. Any representation or warranty made by the Recipient in this Contract or in any statement or certificate furnished by it pursuant to this Contract, or made in Exhibit A, Recipient's Financial Assistance Application, or in connection with any of the above, proves untrue in any material respect as of the date of the issuance or making thereof; or 6. Security Deficiencies. Any of the Security Documents that represent the Security pledged by Recipient to secure this Contract fails for any reason to create a valid and perfected priority security interest in favor of the IEDA; or 7. Judgment. Any judgment or judgments, writ or writs or warrant or warrants of attachment, or any similar process or processes entered or filed against the Recipient or against any of its property and remains unvacated, unbonded or unstayed for a period of 30 days which materially and adversely affects Recipient's ability to perform its obligations under this Contract; or 8. Adverse Change in Financial Condition. Any change occurs in the financial condition of the Recipient which would have a material adverse effect on the ability of the Recipient to perform under this Contract; or 9. Bankruptcy or Similar Proceedings Initiated. Either the Recipient shall (i) have entered involuntarily against it an order for relief under the United States Bankruptcy Code, as amended, (ii) not pay, or admit in writing its inability to pay, its debts generally as they become due, (iii) make an assignment for the benefit of creditors, (iv) apply for, seek, consent to, or acquiesce in, the appointment of a receiver, custodian, trustee, examiner, liquidator or similar official for it or any substantial part of its property, (v) commence any proceeding seeking to have entered against it an order for relief under the United States Bankruptcy Code as amended, to adjudicate it insolvent, or seeking dissolution, winding up, liquidation, reorganization, arrangement, adjustment or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading denying the material allegations of any such proceeding filed against it, or (vi) fail to contest in good faith any appointments or proceeding described below; or 10. Appointment of Officials. A custodian, receiver, trustee, examiner, liquidator or similar official is appointed for either the Recipient or any substantial part of any of its respective property, or a proceeding described above is commenced against the Recipient and such appointment continues undischarged or such proceeding continues undismissed or unstayed for a period of sixty (60) days; or 11. Insecurity. IEDA in good faith deems itself insecure and reasonably believes, after consideration of all the facts and circumstances then existing, that the prospect of payment and satisfaction of the obligations under this Contract, or the performance of or observance of the covenants in this Contract, is or will be materially impaired; or 12. Failure to Submit Required Reports. The Recipient fails to submit complete reports by the required due dates as outlined in Article 7; or 13. Layoffs, Relocation or Closure. The Recipient or any Affiliate experiences a layoff or relocates Contract # 23-HQJP-025 - 18 - Frnt Approved 10/2018 Page 222 of 545 or closes any of its facilities within the state of Iowa or there is a reduction in the Base Employment Level for any Project, including but not limited to Modernization Projects.; or 14. Hiring workers not authorized to work in state. The Recipient fails to only employ only individuals legally authorized to work in the state of Iowa. If Recipient is found to knowingly employ individuals not legally authorized to work in the state of Iowa then, in addition to any and all other applicable penalties provided by current law, all or a portion of the assistance received is subject to repayment; or 15. Failure to Maintain Program Eligibility Requirements. Recipient fails to maintain a statutory eligibility requirement for a program providing assistance under this Contract. (b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event of Default has occurred under this Contract, IEDA shall issue a written Notice of Default to the Recipient setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable period of time, which shall not be fewer than thirty (30) days from the date of the Notice of Default, during which the Recipient shall have an opportunity to cure, provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default has occurred and is not cured within the required time period, IEDA may, after written notice to Recipient: 1. Terminate this Contract. 2. Suspend or reduce pending and future disbursements. 3. Declare immediately due and payable without further demand, presentment, protest or notice of any kind the principal and any accrued interest on any outstanding Promissory Notes issued pursuant to this Contract, including both principal and interest and all fees, charges and other amounts payable under this Contract. 4. Require repayment of all or a portion of Award Funds disbursed. 5. Revoke or reduce authorized Tax Incentives. 6. Require full repayment of all or a portion of the value of Tax Incentives received. (d) Reserved. (e) Default Interest Rate. If an Event of Default occurs and remains uncured, a default interest rate of 6% shall apply to repayment of amounts due under this Contract. The default interest rate shall accrue from the first date Award Funds are disbursed or Tax Incentives are received. (f) Expenses. The Recipient agrees to pay to the IEDA all expenses reasonably incurred or paid by IEDA, including reasonable attorneys' fees and court costs, in connection with any Default or Event of Default by the Recipient or in connection with the enforcement of any of the terms of this Contract. 9.2 Default by Community. (a) Events of Default. Any one or more of the following shall constitute an "Event of Default by Community" under this Contract: 1. Noncompliance with Covenants. Default in the observance or performance of any covenants of the Community set forth in Article 8, for more than five (5) business days; or Contract # 23-1-1QJP-025 - 19 - Fml Approved 10/2018 Page 223 of 545 2. Material Misrepresentation. Any representation or warranty made by the Community in this Contract or in any statement or certificate furnished by it pursuant to this Contract, or made by Community in Exhibit A, Recipient's Financial Assistance Application, or in connection with any of the above, proves untrue in any material respect as of the date of the issuance or making thereof. (b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event of Default has occurred under this Contract, IEDA shall issue a written Notice of Default to the Community setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable period of time, which shall not be fewer than thirty (30) days from the date of the Notice of Default, during which the Community shall have an opportunity to cure, provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default by Community has occurred and is not cured within the required time period, IEDA may, after written notice to Community: 1. Suspend or reduce pending and future disbursements to Community. 2. Require payment by Community of the amount of local financial assistance pledged to the Project but not provided. 3. Terminate this Contract. (d) Expenses. The Community agrees to pay to the IEDA all expenses reasonably incurred or paid by IEDA including reasonable attorneys' fees and court costs, in connection with any Default or Event of Default by the Community or in connection with the enforcement of any of the terms of this Contract. ARTICLE 10: MISCELLANEOUS. 10.1 Choice of Law and Forum; Governing Law. (a) In the event any action or proceeding of a quasi-judicial or judicial nature is commenced arising out of or relating to this Contract, such action or proceeding shall be brought in Des Moines, Iowa, in the Iowa District Court for Polk County, if such court has jurisdiction. If, such court lacks jurisdiction and jurisdiction lies only in a United States District Court, the matter shall be commenced in the United States District Court for the Southern District of Iowa, Central Division. (b) This provision shall not be construed as waiving any immunity to suit or liability, in state or federal court, which may be available to the IEDA, the State of Iowa or its members, officers, employees or agents. (c) This Contract and the rights and duties of the parties hereto shall be governed by, and construed in accordance with, the internal laws of the State of Iowa without giving effect to any conflict of law principles that may require the application of the laws of another jurisdiction. 10.2 Contract Amendments. Neither this Contract nor any documents incorporated by reference in connection with this Contract, may be changed, waived, discharged or terminated orally, except as provided below: (a) Writing required. The Contract may only be amended if done so in writing and signed by all the parties. Examples of situations requiring an amendment include, but are not limited to, time extensions, budget revisions, and significant alterations of existing activities or beneficiaries. (b) IEDA review. Requests to amend this Contract shall be processed by IEDA in compliance with the IEDA's rules and procedures applicable to contract amendments. Contract # 23-HQJP-025 20 - Fmt Approved 10/2018 Page 224 of 545 10.3 Notices. Except as otherwise specified herein, all notices hereunder shall be in writing, including, without limitation by fax, and shall be given to the relevant party at its address, e-mail address, or fax number set forth below, or such other address, e-mail address, or fax number as such party may hereafter specify by notice to the other parties provided by United States mail, by fax or by other telecommunication device capable of creating a written record of such notice and its receipt. Notices hereunder shall be addressed: To the Recipient at: Back Alley Printers Inc. dba Image Pointe Kris Field Manager, Business Intelligence 1224 LaPorte Rd. Waterloo, IA 50702 E-mail: kris@imagepointe.com Telephone: 800-408-2388 To the IEDA at: Iowa Economic Development Authority Compliance 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Attention: Business Development - Compliance E-mail: Compliance@iowaeda.com Telephone: 515.348.6200 Facsimile: 877.631.7575 To the Community at: Noel Anderson, Development Director City of Waterloo 715 Mulberry St. Waterloo, IA 50703 E-mail: noel.anderson(waterloo-ia.org Telephone: 319-291-4366 Each such notice, request or other communication shall be effective (i) if given by e-mail, when such e- mail is transmitted to the e-mail address specified in this Article and a confirmation of such e-mail has been received by the sender, (ii) if given by mail, five (5) days after such communication is deposited in the mail, certified or registered with return receipt requested, addressed as aforesaid or (iii) if given by any other means, when delivered at the addresses specified in this Article. 10.4 Headings. Article headings used in this Contract are for convenience of reference only and are not a part of this Contract for any other purpose. 10.5 Final Authority. The IEDA shall have the authority to reasonably assess whether the Recipient has complied with the terms of this Contract. Any IEDA determinations with respect to compliance with the provisions of this Contract shall be deemed final determinations pursuant to Iowa Code Chapter 17A, Iowa Administrative Procedure Act. 10.6 Waivers. No waiver by IEDA of any default hereunder shall operate as a waiver of any other Contract # 23-HQJP-025 - 21 - FM Approved 10/2018 Page 225 of 545 default or of the same default on any future occasion. No delay on the part of the IEDA in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by IEDA shall preclude future exercise thereof or the exercise of any other right or remedy. 10.7 Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 10.8 Survival of Representations. All representations and warranties made herein or in any other Contract document or in certificates given pursuant hereto or thereto shall survive the execution and delivery of this Contract and the other Contract documents and shall continue in full force and effect with respect to the date as of which they were made until all of Recipient's obligations or liabilities under this Contract have been satisfied. 10.9 Severability of Provisions. Any provision of this Contract which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. In the event any provision of this Contract is held to be unenforceable as written, but enforceable if modified, then such provision shall be deemed to be amended to such extent as to be enforceable and it shall be enforced to that extent. All rights, remedies and powers provided in this Contract or any other Contract document may be exercised only to the extent that the exercise thereof does not violate any applicable mandatory provisions of law, and all the provisions of this Contract and any other Contract document are intended to be subject to all applicable mandatory provisions of law which may be controlling and to be limited to the extent necessary so that they will not render this Contract or any other Contract document invalid or unenforceable. 10.10 Successors and Assigns. This Contract shall be binding upon the Recipient and IEDA and their respective successors and assigns, and shall inure to the benefit of the IEDA and Recipient and their successors and assigns. 10.11 Nonassignment. This Contract shall not be assigned, in whole or in part, by Recipient unless approved in writing by IEDA. Any attempt by Recipient to assign this Contract other than as permitted herein shall be null and void. 10.12 Termination. This Contract can be terminated under any of the following circumstances: (a) Agreement of the Parties. Upon written agreement of the Recipient, the Community and IEDA. (b) Unremedied Event of Default. As a result of the Recipient's or Community's unremedied Event of Default pursuant to Article 9. (c) Termination or reduction in funding to IEDA. As a result of the termination or reduction of funding to IEDA as provided in Article 4.4(d). 10.13 Documents Incorporated by Reference. The following documents are incorporated by reference and considered an integral part of this Contract: 1. Exhibit A - Recipient's Financial Assistance Application (on file with IEDA), Application # BFAA-000794 2. Exhibit B-1 High -Quality Jobs Program — Tax Credit Component Special Conditions 3. Exhibit C - 4. Exhibit D - Description of the Project and Award Budget Job Obligations Contract # 23-HQJP-025 - 22 - Fnn'Approved 10/2018 Page 226 of 545 5. Exhibit E- 6. Exhibit F - Reserved Reserved 10.14 Order of Priority. In the case of any inconsistency or conflict between the specific provisions of this document and the exhibits, the following order of priority shall control: 1. Article 1 - 10 of this Contract. 2. Exhibit A - 3. Exhibit B-1 Recipient's Financial Assistance Application (on file with IEDA), Application # BFAA-000794 High -Quality Jobs Program — Tax Credit Component Special Conditions 4. Exhibit C - Description of the Project and Award Budget 5. Exhibit D - Job Obligations 6. Exhibit E - Reserved 7. Exhibit F - Reserved 10.15 Integration. This Contract contains the entire agreement between the Parties relating to the Project. Any representations that may have been made before or after signing this Contract, which are not contained herein, are nonbinding, void and of no effect. None of the Parties has relied on any such prior representation in entering into this Contract. -This space intentionally left blank, signature page follows - Contract # 23-HQJP-025 - 23 - Fnu Approved 10/2018 Page 227 of 545 IN WITNESS WHEREOF in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into this Contract and have caused their duly authorized representatives to execute this Contract, effective as of the latest date stated below (Contract Effective Date). FOR IEDA: FOR RECIPIENT: BY: BY: Deborah Durham, Director Signatu e Typed Name and tle Date Date FOR THE COMMUNITY: BY: Signature Typed Name and Title Date Contract # 23-HQJP-025 - 24 - Fnit Approved 10/2018 Page 228 of 545 LIST OF EXHIBITS Exhibit A - Recipient's Financial Assistance Application (on file with IEDA), Application #BFAA-000794 Exhibit B-1 High Quality Jobs Program — Tax Credit Component Special Conditions Exhibit C - Description of the Project and Award Budget Exhibit D - Job Obligations Exhibit E - Reserved Exhibit F - Reserved Contract # 23-HQJP-025 - 25 - Fm! Approved 10/2018 Page 229 of 545 EXHIBIT B —1 High Quality Jobs Program — Tax Credit Component Special Conditions to Contract # 23-HQJP-025 The following additional terms shall apply to the Contract: SECTION 1: ADDITIONAL DEFINITIONS. The following additional terms are defined in this Contract as follows: "Capital Investment" means the investment spent on depreciable assets. The minimum Capital Investment required for this Project is as stated in Section 2 of this Exhibit. The allowable categories of expenditures for purposes of calculating Capital Investment are described in IEDA' s administrative rule 261 IAC 174.10. "Investment Qualing for the Tax Credit" means new investment directly related to jobs created or retained by the start-up, location, expansion or modernization for this Project. "Qualifying Investment" means the statutorily -required minimum investment amount that must be made and maintained by the Recipient to receive High Quality Jobs Program Tax Incentives for this Project. This amount is as stated in Section 2 of this Exhibit. Not all expenditures count toward meeting the required Qualifying Investment. The categories of expenditures that can be included for purposes of meeting and maintaining statutorily -required investment requirements are described in 261 IAC 174.10. "Economically Distressed Area" means a county that ranks among the bottom 33 of all Iowa counties, as measured by either the average monthly unemployment level for the most recent 12-month period or the average annualized unemployment level for the most recent five-year period. SECTION 2: TERMS AND CONDITIONS OF THE AWARD 2.1 Award. The Recipient is awarded the following Tax Incentives through the High Quality Jobs Program, based on the minimum investment requirements described herein: $142,650 2.2 Minimum Investment Requirements. As a condition of receiving Tax Incentives, the Recipient shall meet the following minimum investment requirements: (a) Capital Investment. $ 4,455,000 (b) Qualifying Investment. $ 4,455,000 (c) Investment Qualifying for Tax Credits. $ 4,455,000 2.3 Additional Tax Incentives. The Recipient is eligible for additional incentives pursuant to Iowa Code section 15.326, et. seq. The following Tax Incentives, in the maximum amounts shown for each authorized incentive, are also available to the Recipient: Contract # 22-HQJP-025 Exhibit B-1, Page 1 FrntApproved 10/2018 Page 230 of 545 Authorized Incentives Included in Award Maximum Amt. Refund of Sales, Service, and Use Taxes. $ 9,000 0 Yes ❑ No Refund of Sales Taxes Attributable to Racks, Shelving, and Conveyor Equipment. ❑ Yes $ 0 I No Corporate Tax Credit For Certain Sales Taxes Paid By Third Party Developer. ❑ Yes $ 0 11 No Investment Tax Credit (3%) $ 133,650 ►L Yes ❑ No Research Activities Credit. ❑ Yes $ 0 ►1 No Local Property Tax Exemption Provided by ❑ Yes $ 0 Community ►1 No 2.4 Conditions for Authorized Incentives. The Recipient is responsible to seek these additional incentives through processes described in the applicable statutes and corresponding administrative rules, ordinances and procedures. The following conditions shall apply to the incentives described in section 2.3 of this Exhibit. (a) Refund Of Sales, Service And Use Taxes Paid To Contractors Or Subcontractors. The Recipient is eligible for a refund of sales, service and use taxes paid to contractors and subcontractors as authorized in Iowa Code section 15.331 A (2011 Supplement). 1. The Recipient may apply for a refund of the sales and use taxes paid under Iowa Code chapters 422 and 423 for gas, electricity, water or sewer utility services, goods, wares, or merchandise, or on services rendered, furnished, or performed to or for a contractor or subcontractor and used in the fulfillment of a written contract relating to the construction or equipping of a facility of the Recipient. 2. Taxes attributable to intangible property and furniture and furnishings shall not be refunded. 3. To receive a refund of the sales, service and use taxes paid to contractors or subcontractors, the Recipient must: (b) Reserved i. Inform the Iowa Department of Revenue (IDR) after project completion. ii. Make an application to IDR within one year after project completion. For purposes of claiming this refund, "project completion" means any date during the period beginning the date of Certificate of Completion is provided by the Community to the Recipient upon completion of the renovation of the building included in the Project and ending on the Project Completion Date as identified in Exhibit D. Contract # 22-HQJP-025 Exhibit B-1, Page 2 Fine Approved 10/2018 Page 231 of 545 (c) Reserved. (d) Investment Tax Credit. 1. The Recipient may claim an [If Recipient if corporation: investment tax credit as provided in Iowa Code section 15.333. Such credit may be claimed for a portion of the Qualifying Expenditures, as defined below in subparagraph (3), directly related to Job Obligations, as described in Exhibit D, of the start-up or location, expansion, or modernization of the business under this program. The credit shall be earned when the qualifying asset is placed in service. The Recipient shall not claim more than the amount authorized for this incentive as stated above and in Article 3 of the Contract. Any credit in excess of the tax liability for the tax year may be credited to the tax liability for the following seven years or until depleted, whichever occurs first. 2. The tax credit shall be amortized equally over a five-year period as specified below: January 1, 2023 — December 31, 2023 $26,730 January 1, 2024 — December 31, 2024 $26,730 January 1, 2025 — December 31, 2025 $26,730 January 1, 2026 — December 31, 2026 $26,730 January 1, 2027 — December 31, 2027 $26,730 3. Only Qualifying Expenditures are eligible for the investment tax credit. For purposes of this benefit, "Qualifying Expenditures" means: i. The purchase price of real property and any buildings and structures located on the real property. ii. The cost of improvements made to real property which is used in operation of the business. iii. The costs of machinery and equipment, as defined in Iowa Code section 427A.1(1) "e" and "j" purchased for use in the operation of the business and for which the purchase price may have been depreciated in accordance with GAAP. 4. If the Project includes leasing of new construction or major renovation of an existing building, the annual base rent paid to a third -party developer by Recipient must be for a period equal to the term of the lease agreement but cannot exceed the maximum term of the agreement, provided the cumulative cost of the base rent payments for that period does not exceed the cost of the land or the third -party developer's costs to build or renovate the building for the Recipient. Limitations to annual base rent shall only be considered when the Project includes the construction of a new building or the major renovation of an existing building. The Recipient shall enter into a lease agreement with the third -party developer for a minimum of five years. SECTION 3: ADDITIONAL COVENANTS In addition to the Covenants described in Article 7 of the Contract, the Recipient shall be bound to the additional covenants: Contract # 22-HQJP-025 Exhibit B-1, Page 3 Fnit Approved 10/2018 Page 232 of 545 3.1 Job Obligations. By the Project Completion Date, the Recipient shall create and/or retain the number of FTE Created Jobs and Retained Jobs included in, for Retained Jobs, and above, for Created Jobs, the Recipient's Base Employment Level, as detailed in Exhibit D — Job Obligations, and maintain the jobs through the Maintenance Period. 3.2 Wage Obligations. The Qualifying Wage Threshold rates specific to this Contract that must be met are stated in Exhibit D, Job Obligations. By the Project Completion Date and through the Maintenance Completion Period Date, the Recipient shall: (a) For Projects in Economically Distressed Areas or at a designated Grayfield Site, the Qualifying Wage Threshold requirement applicable to all phases of the Project is 100% of the Qualifying Wage Threshold. (b) For Projects at a designated Brownfield Site, the Qualifying Wage Threshold requirement applicable to all phases of the Project is 90% of the Qualifying Wage Threshold. (c) For all other Projects: 1. For the Created Jobs, pay 100% of the Qualifying Wage Threshold at the start of the Project Completion Period, at least 120% of the Qualifying Wage Threshold by the Project Completion Date, and at least 120% of the Qualifying Wage Threshold until the Maintenance Period Completion Date. 2. For the Retained Jobs, pay at least 120% of the Qualifying Wage Threshold throughout both the Project Completion Period and the Maintenance Period. 3.3 Provide Sufficient Benefits. The Recipient shall provide Sufficient Benefits to all employees included as part of the job and wage obligations. SECTION 4: ADDITIONAL DEFAULT PROVISIONS In addition to the default provisions included in Article 9 of the Contract, the following default provisions shall apply: 4.1 Repayment of Tax Incentives Received - High Quality Jobs Program. IDR is the state agency responsible for collecting the value of any Tax Incentives received in violation of the terms of this Contract. The Community is the party responsible for collecting the value of the local tax incentives received in violation of this Contract. IEDA will determine if the Recipient has met the terms of this Contract. If there is an unremedied Event of Default, IEDA will provide written notice to IDR and the Community. Calculation of the amount owed may be based on a sliding scale in certain circumstances and may include interest assessed by IDR. Those circumstances are as follows: (a) Failure to Meet Job Obligations by Project Completion Date. If the Recipient does not meet its Job Obligations as detailed in Exhibit D, Job Obligations by the Project Completion Date, the repayment amount shall be the same proportion as the amount of the shortfall in created jobs. For example, if the business creates 50 percent of the jobs required, the business shall repay 50 percent of the incentives received. For Modernization Projects, Recipient shall maintain the Base Employment Level. Any job loss may result in a proportional reduction or repayment of incentives received. Upon repayment of the amount due, IEDA will reduce the Recipient's Job Obligations. The reduced Job Obligations must be maintained through the Maintenance Period Completion Date. Contract # 22-HQJP-025 Exhibit B-1, Page 4 Fm1 Approved 10/2018 Page 233 of 545 (b) Job shortfall at Maintenance Period Completion Date. If the Recipient does not maintain its adjusted Job Obligations through the Maintenance Period Completion Date, Recipient shall repay an additional percentage of the Tax Incentives it has received. The amount to be repaid will be calculated as described in subsection (a) above. (c) Qualifying Investment. If the Business does not meet its Qualifying Investment requirement as defined in Section 2 of this Exhibit, the repayment amount shall be the same proportion as the amount of the shortfall in required Qualifying Investment. For example, if the business meets 75 percent of the amount of required capital investment, the business shall repay 25 percent of the amount of the incentives received. (d) Less than Total Project Cost at Project Completion Date. If the Recipient does not complete the Project with a Total Project Cost as stated in Exhibit C, Project Description and Award Budget, by the Project Completion Date Recipient shall repay a portion of the Tax Incentives received. For example, if the Recipient's required Total Project Cost is 10% less than pledged, 10% of the value of the Tax Incentives received, plus any interest assessed by IDR, must be repaid. (e) Repayment Amount If Shortfall in Job Obligations, Qualifying Investment and/or Less Than Total Project Cost. If the Recipient experiences a shortfall in two or more of its requirements related to Job Obligations, Qualifying Investment, or the Total Project Cost, IEDA will calculate the percentage owed for the Recipient's failure to meet each of the requirements. The higher of these amounts shall be the amount Recipient shall repay to IDR. (f) Selling, Disposing, or Razing of Property. If, within five years of purchase, the Recipient sells, disposes of, razes, or otherwise renders unusable all or a part of the land, building, or other existing structures for which an investment tax credit was claimed, the income tax liability of the Recipient for the year in which all or part of the property is sold, disposed of, razed, or otherwise rendered unusable shall be increased by one of the following amounts, plus any interest assessed by IDR: 1. 100% of the tax credit claimed if the property ceases to be approved for the tax credit within one full year after being placed in service. 2. 80% of the tax credit claimed if the property ceases to be approved for the tax credit within two full years after being placed in service. 3. 60% of the tax credit claimed if the property ceases to be approved for the tax credit within three full years after being placed in service. 4. 40% of the tax credit claimed if the property ceases to be approved for the tax credit within four full years after being placed in service. 5. 20% of the tax credit claimed if the property ceases to be approved for the tax credit within five full years after being placed in service. - End of Exhibit B —1 - Contract # 22-HQJP-025 Exhibit B-1, Page 5 Fmr Approved J0/2018 Page 234 of 545 DESCRIPTION; OF THE PROJECT AND AWARD BUDGET (EXHIBIT C) Name of Recipient: Name of Community: Contract Number: Back Alley Printers, Inc. dba Image Pointe, Dignity Apparel LLC AND JP Management Corporation City of Waterloo 23-HQJP-025 PROJECT DESCRIPTION Recipient will purchase a building, remodel to accommodate production and storage needs and remove or reconfigure old equipment from prior owner. Recipient will also acquire sewing machines and automated cutting equipment as well as install a Warehouse Management System. AWARD BUDGET SOURCE OF FUNDS AMOUNT FORM USE OF FUNDS COST IEDA Programs *Land Acquisition HQJP Tax Credit 'See Below *Site Preparation SBA Loan $1,200,000 Loan *Building Acquisition $3,000,000 Bank Iowa $1,800,000 Loan *Building Construction Bank Iowa $1,400,000 Loan *Building Remodeling $300,000 Internal Business $100,000 financing Lease Payments *Mfg Machinery and Equipment $1,135,000 *Other Machinery and Equipment Racking, Shelving, etc. *Computer Hardware $20,000 Computer Software $45,000 *Furniture and Fixtures Working Capital Research and Development Job Training *included as capital investment if awarded tax credit program Total $4,500,000 Total $4,500,000 1$142,650 estimated benefit value OTHER FUNDING SOURCE OF FUNDS TOTAL AMOUNT FORM/TERM USED AS MATCH Property Tax Rebate $32,500 5-year; 50% Yes Tax Abatement 260E Job Training In -Kind Contributions RISE Page 235 of 545 EXHIBIT D — JOB OBLIGATIONS Recipient: Back Alley Printers, Inc., dba Image Pointe, Dignity Apparel LLC, and JP Management Corporation Community: Waterloo Contract Number: 23-HQJP-025 This Project has been awarded Project Completion Assistance and Tax Incentives from the High Quality Jobs Program (HQJP) — Tax Credit Component. The chart below outline the contractual job obligations related to this Project. Data in the "Employment Base" column has been verified by IEDA and reflects the employment characteristics of the facility receiving funding before this award was made. Jobs to be retained as a part of this Project must be included in these calculations. Data in the "Jobs To Be Created" column outlines the new full-time jobs (including their wage characteristics) that must be added to the employment base and, if applicable, statewide employment base as a result of this award. At the Project Completion Date and through the Maintenance Period Completion Date, the Recipient must achieve, at a minimum, the numbers found in the "Total Job Obligations" column. HQJP JOB OBLIGATIONS Project Completion Date: June 30, 2026 Maintenance Period Completion Date: June 30, 2028 Employment Base Jobs To Be Created Total Job Obligations Total employment at project location 94 7 101 Average wage of total employment at project location $24.09 Qualifying Laborshed Wage threshold requirement (per hr) $21.01 (100%) Number of jobs at or above qualifying wage 36 7 43 Average Wage of jobs at or above qualifying wage $37.66 Notes re: Job Obligations 1. When determining the number of jobs at or above the qualifying wage, wages will include only the regular hourly rate that serves as the base level of compensation. The wage will not include nonregular forms of compensation such as bonuses, unusual overtime pay, commissions, stock options, pension, retirement or death benefits, unemployment benefits or other insurance, or other fringe benefits. 2. Employment Base includes 0 "Retained Jobs". If the Recipient uses or proposes to use a non-standard work week (8 hours a day, 5 days a week, 52 weeks a year including holidays, vacation and other paid leave), check the box below and describe that alternative schedule. The alternative schedule must meet the requirements of 261 IAC 173.2. ) If the box is not checked or if no alternative schedule is provided, IEDA will consider "Full-time Equivalent (FTE) Job" to mean the employment of one person for 8 hours per day for a 5-day, 40- hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave. 0 The Recipient shall use an alternative work week for purposes of its employees described in the Contract. The alternative work week is as follows: [description]. Sufficient Benefits Deductible Requirements Recipient shall provide Sufficient Benefits with a maximum deductible of $2,500 for single coverage or $5,250 for family coverage. Page 236 of 545 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Motion to approve Final Quantity Summary with D & N Fence Co., Inc., of Cedar Rapids, Iowa, for a net decrease of $1,588.75, in conjunction with the FY 2024 Trolley Car Trail Chain Link Fence Replacement Project, Contract No. 1093, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Final Quantity Summary SUMMARY STATEMENT AND BACKGROUND INFORMATION This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net decrease in the total project cost. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 237 of 545 Page 238 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by D & N Fence Co., Inc., of Cedar Rapids, Iowa, in the amount of $105,811.25, in conjunction with the FY 2024 Trolley Car Trial Chain Link Fence Replacement Project, Contract No. 1093, and receive and file a two-year maintenance bond. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 239 of 545 None Page 240 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department March 18, 2024 AGENDA ITEM TITLE Motion to approve an Exception to Burning Yard Waste Application by Waterloo Leisure Services, to burn approximately 4 acres of native vegetation on property located west of the Greenbelt Lake parking area between March 25, 2024, and May 31, 2024, beginning at 10:00 a.m., weather permitting. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 241 of 545 Page 242 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department AGENDA ITEM TITLE MEETING DATE March 18, 2024 Complete Streets Advisory Committee minutes of November 26, 2023, and January 30, 2024. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Minutes Complete Streets 11-26-23 2. Minutes Complete Streets 01-30-24 (1) Page 243 of 545 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting November 26, 2023 The Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:32 pm November 26, 2023, by Chairperson Cass in the Mollenhoff Conference Room at Waterloo City Hall. Roll Call: Members present: Felicia Cass, Jessica Rucker, Kathryn Gilbery, Aric Schroeder, Paul Huting, Curtis Young, John Dornoff, Oumie Ceesay, Kyle Durant, and Dwight Diercks. Members absent were: David Sturch, and Ray Feuss. Other attendees: Aldina Dautovic — INRCOG, Wayne Castle — City of Waterloo Engineering, Michelle Sweeney and Doug Schindel — AECOM It was moved by Gilbery and seconded by Durant to approve the minutes of the October 31, 2023, meeting. Motion carried unanimously. Agenda Items: 1. Discussion of potential for a multi -use trail along East 4th Street north of Donald Street and Heath Street between East 4t" Street and Highway 63 • Should a trail be required along East 4t" Street and Heath Street with the North Crossing Development? • Young, Diercks, and Gilbery reviewed possible improvements to the area. • Schroeder went over the history of the development. • Schroeder noted that sidewalks are shown on all streets in the 4th addition plat. • There will be on -road accommodations for bicycles in the development. • Discussion if there should be a bicycle trail considering the number of low-income apartments are going into the complex. • There a traffic light will be put in at Heath Street and Logan Avenue, allowing residents from the apartments to cross Logan Avenue to reach the Hy-Vee store. • It was also noted that trails do not have to be plowed by neighboring property owners, whereas sidewalks do have to have the snow removed. • There is no budget to plow most trails. 2. Review and Prioritization of Bicycle accommodation Priorities • Durant went over a list of possible priority projects. • Vote was taken over what should be the priority projects: Shaulis Road Trail gap — 11 votes, US 63/Walnut/East High/MLK Trail connection — 8 votes, and replacing bridges on the Cedar Prairie Trail — 5 votes. 3. Walnut • The Walnut Safety Team plans to meet for 1 year. • The committee wants speed bumps installed. • Discussion if speed bumps actually make things worse. • Concerns about the intersection of Iowa and Walnut Streets. • There is possible changes that could be made to the intersection to make it safer. • If there is accident numbers to back up the problems with the intersection there is safety grants to put for changes. Page 244 of 545 Complete Streets Advisory Committee Minutes November 26, 2023 4. Bike and Pedestrian Improvements Near East High. • Durant reached out the school district and to the person leading the fight to make improvements to the area. • With the recent announcement of the school realignment to happen in a few years the school district's priorities for East High have probably changed. • Discussion on the sidewalk from East 4th Street to East High that currently is fenced off making it more difficult for students to reach the school from East 4th 5. Upcoming Planning Commission Agenda Review • Schroeder went over the Planning Commission agenda. 6. Other Project Status Updates • La Porte Road o Working on getting a RAISE grant. o Public Hearing in December. o Phase 1 is fully funded. o Approval for property purchased to be on December 18th City Council Meeting. • 4th15th16th o Grant applicant to pay for changes has been submitted. o There is also a grant application to study the possible moving of the railroad yard or study possible ways to help improve access across the train tracks. • Bridges o The Park Avenue Bridge will not open this year but should open next year and so should the 11 st Street Bridge. • Parklets o Parking study says there is plenty of parking in downtown. o The sidewalk cafe situation will be taken care of before the Parklets are discussed at City Council 7. Election of Chairperson and Vice -Chairperson It was moved by Diercks and seconded by Rucker to nominate Curtis Young as Chairperson and Kyle Durant as Vice -Chairperson. Motion carried unanimously. Discussion Items: • There was no discussion items. Adjournment Durant adjourned the meeting at 3:07p.m. Respectfully submitted, John Domoff Planner II 2 Page 245 of 545 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting January 30, 2024 The Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30 pm on January 30, 2024, by Chairperson Young in the Mollenhoff Conference Room at Waterloo City Hall. Roll Call: Members present: David Sturch, Jessica Rucker, Aric Schroeder, Paul Huting, Curtis Young, John Dornoff, Kyle Durant, and Dwight Diercks. Members absent were: Felicia Cass, Kathryn Gilbery, Oumie Ceesay, and Ray Feuss. Other attendees: Mohammad Elahi — Traffic Department; Brenda Vavroch — INRCOG, Michelle Sweeney, and Doug Schindel — AECOM; and Calvin Horn. It was moved by Rucker and seconded by Huting to approve the minutes of the November 28, 2023 meeting. Motion carried unanimously. Agenda Items: 1. AECOM Project Updates • Sweeney gave an update on projects that AECOM is working on: • La Porte Road. o The project has received 28.5 million in Federal Funding. o The goal is to reconstruct the entire corridor from just north of the new roundabout at Shaulis Road to its connection with US Highway 218 north of Mitchell Avenue. o The corridor study and NEPA review are done. o Phase 1 is waiting on the agreement between the cities and the Federal Government. o Sweeney went over what each of the segments would look like. o There will be a recreational trail along the west side of the entire corridor and a sidewalk on the east side along portions where it will fit. o The speed limit will be reduced from 45 mph to 35 mph south of Grimm Street. o A Rapid Flashing Beacon will be installed at Bopp Street. o The estimated cost of the total project is $40 million, with the local match being $8 million. o Phase one will hopefully be let in July with the project starting in August and the entire section from Grimm Street to Shaulis will be closed at times during the project. • Gates Park. o Currently in the middle of a 2-year construction project. o The soccer fields have been completed. o The splash pad will hopefully open in May. o The project should be done by 2025. • Byrnes Park o Remodeling of the bathhouse is currently underway. o In fall, the pump house, pool, and civil site will start construction. • Bridges o The Park Avenue Bridge should open in July. o 1 1th Street Bridge should open in December. o Punch list items will be completed in 2025. o The dam should be fully inflated this summer. Page 246 of 545 Complete Streets Advisory Committee Minutes January 30, 2024 2. Park Avenue Bike Lane Enhancements • Young asked what the status is and whether the enhancements would be done when the bridge opens. • City is looking for grants to pay for the enhancements although some of it can be done with in- house funds or staff. No timeline identified yet since it is not yet fully funded. • The goal is to have the portion on the north side of the bridge done when it opens. • The project will include green paint for the bike lanes. • When the south side of the bridge will get done and new signage is done it is a matter of available funding. • The bike lanes will be at least 6' wide. • There will be a buffer between the bike lane and parking cars. 3. Parklets • The Parklet Ordinance was approved by the City Council along with the new Sidewalk Cafe Ordinance that covers outdoor seating areas on the public sidewalk • The businesses will have to stop serving to the Parklets at midnight but at the sidewalk cafes at 2 am. • Parklets can only be on streets with a speed limit of 25mph or under. • Main Street is currently meeting with businesses about the program. • Hoping to have 4 Parklets running this spring. • ADA compliance is mandatory. • There will be a work session on Parking on February 19th 4. Small Scale Projects • Looking to develop a list of inexpensive small projects to get easy wins. • One suggestion is wayfinding signs along trails. • Possible lighting of the Sergeant Road trail under US Highway 218, which would require the cooperation of the Iowa Department of Transportation; however, they will not pay for it. • The problem is there is no power source close to the underpass. • Need to figure out how to get to implementation. • Cedar Valley Trails Partnership has a grant for up to $4,000 • Need to get a list and prioritize projects. • There was a discussion on what the Complete Streets Advisory Committee has accomplished. • Committee members should think about possible projects and bring back ideas next month, where they will plan to be discussed and ranked. 5. Upcoming Planning Commission Agenda Review • Schroeder noted that the February meeting was cancelled due to a lack of items. 6. Other Project Status Updates • Vision Zero o Grant received to cover Downtown Waterloo although there was no response for the RFP. o Pedestrian and Bicycle Fatalities are 26% of all traffic related fatalities in Waterloo compared to 7% nationally. 2 Page 247 of 545 Complete Streets Advisory Committee Minutes January 30, 2024 • East High o Meeting will be held with school district on February 6tn Discussion Items: • There was no discussion items. Adjournment Young adjourned the meeting at 3:35 p.m. Respectfully submitted, John Dornoff Planner II 3 Page 248 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Airport Department March 18, 2024 AGENDA ITEM TITLE Motion to receive and file Airport Board minutes of January 24, 2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Minutes of January 24, 2024 Airport Board Meeting Page 249 of 545 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday, January 24, 2024 I. ROLL CALL Chair, Scott Voigt, called the meeting to order at 12:00 p.m. Board Members Present: Board Members Absent: City Officials Present: Airport Staff Present: Additional Attendees: Scott Voigt, Gwenne Berry (Zoom), Chris Bering, Cary Darrah, David Deeds, Todd Holcomb. Arlene Humble. John Chiles, Ray Feuss (Zoom), Council Liaisons; Adrienne Miller, Planning. Keith Kaspari; Sheila Combs, Rusty Zey. Doug Schindel and David Hughes, AECOM; Tim Sieber (Zoom), Volaire Aviation; Tim Newton, Amanda Newton, Livingston Aviation. II. AGENDA AS RECEIVED OR AMENDED Mr. Kaspari stated that he would like to add VII. AA. Air Service Update by Tim Sieber of Volaire Aviation. III. PUBLIC COMMENTS Mr. Voigt presented Mr. Kaspari with an engraved crystal piece, commemorating his upcoming retirement and spoke about his appreciation of Mr. Kaspari's work over the past nine years. IV. REPORTS A. Airport Director Mr. Kaspari gave a shout -out to Rusty Zey and the Ops crew for keeping the Airport open during the big snowstorm and arctic blast earlier in the month. Dr. Holcomb asked about the BIL-ATP grant and whether Mr. Kaspari had any idea when the FAA might announce another set of grants awards under that program. Mr. Kaspari stated he did not know when that might be. B. Legislative information — N/A C. Misc. Monthly Airport Reports Mr. Kaspari stated that he was disappointed with the CY-2023 passenger numbers and airline performance. Page 250 of 545 V. BOARD APPROVAL A. Approval of Minutes of the December 19, 2023 Meeting Mr. Bering moved approval of the minutes of the December 19, 2023 meeting, seconded by Mrs. Darrah. Ayes: 5. Motion carried. B. Motion to Receive and File December 2023 Expenses Mr. Deeds moved that the December 2023 expenses be received and filed, seconded by Mrs. Darrah. Ayes: 5. Motion carried. VI. OLD BUSINESS A. Board Update: New ALO Airport Security Program Mr. Kaspari stated that ASC (Aviation Security Consulting) recommends that we (they) finish the ASP re -write, even if the document just sits on a shelf until such time as our air service requires us to move to a Category 111 Airport. TSA agrees with continuing the process, as well. They would like us to continue working on door and alarm upgrades but feel we can wait to start implementing badging/fingerprinting procedures. He went on to state that the Board should decide if we want to continue working with CEC or go out for bid on a new access system. B. Board Update: Status of CARES -Funded Projects Mr. Kaspari gave the following updates: The Hangar 4 Paving project is complete other than seeding, which will be done in the spring. The HVAC Controls project is approximately 95% complete. AECOM has prepared a Change Order for $16,680 for additional component repairs. The CCTV Camera project is substantially complete. Mr. Kaspari stated that he is very pleased with this system. The Hangar No. 4 Mold Remediation project bids will be opened tomorrow (January 25, 2024). C. Board Update: CEC — Access Control System and ID Media Badging Component Previously discussed. D. Board Update: Iowa National Guard — Future Right of Entry Mr. Schindel stated that he recommends signing the Right of Entry document. They won't be all over the airfield, as they just want to check certain spots for possible PFAS contamination. Mrs. Darrah moved approval of signing the ROE document, seconded by Dr. Holcomb. Ayes: 5. Motion carried. 2 Page 251 of 545 VII. NEW BUSINESS AA. Air Service Update — Tim Sieber, Volaire Aviation Tim Sieber, Volaire Aviation, stated that he thinks the EAS turnaround from the USDOT should be quick. He gave an overview of schedules and fares and will be following up with Tim Lyon on fares and Ryan Eisinger on schedules. A. Board Discussion: Update on Director of Aviation Position, Airport Operations Specialist Position Mr. Kaspari stated that the Mayor is making the decision on whether to extend an offer for the Director position and hasn't provided any further update. The personnel requisition for the Airport Operations position has been approved and the opening is currently posted on the city website. B. Board Discussion: Update and Discussion of FY-2025 Budget Due to time constraints, this item was deferred to February. C. Board Discussion: Kingfisher Aviation, L.C. -- Update of Hangar Fire Protection Sprinkler System Kingfisher is still working on getting quotes, item tabled. D. Board Discussion: Farming Map as Proposed for the CY-2024 Farming Season Mr. Kaspari stated that the map from Planning shows 1,179.03 acres available for farming in 2024. Dr. Holcomb moved to accept this report, seconded by Mrs. Darrah. Ayes: 5. Motion carried. E. Board Discussion: DI-IS/TSA Law Enforcement Officer (LEO) Reimbursement Program Mr. Kaspari stated that a Law Enforcement presence would be recommended if/when we go to a 2-class aircraft, for scheduled departures only, per the TSA. Funds are currently available from DHS/TSA for reimbursement, up to $35/hour, for this program. He has mentioned this to Chief Leibold. VIII. STAFF AND BOARD MEMBER COMMENT Mr. Kaspari stated that TSA will be making improvement to their future offices on the 1" floor, including solid -core doors and new access control. Mr. Kaspari also expressed his thanks to the Board. 3 Page 252 of 545 . ADJOURNMENT Moved by Dr. Holcomb, seconded by Mr. Bering, that the mee ing be adjourned at 1:29 p.m. Ayes: 5. Motion carried. Respectfully submitte i//�+ ..It Totgt, C airperson 4 Page 253 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Board of Adjustment Regular Meeting minutes of January 23, 2024, and February 13, 2024. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. January 23, 2024 2. February 13, 2024 - Special Meeting (1) Page 254 of 545 CITY OF WATERLOO, IOWA BOARD OF ADJUSTMENT MINUTES REGULAR MEETING - 4:00 P.M. JANUARY 23, 2024 The regular meeting of the City of Waterloo Board of Adjustment was called to order by Chairperson Thornsberry at 4:00 p.m. via Zoom and in person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Jeri Thornsberry, John Beckman, Christopher Schmitz, and Craig Holdiman. Members present electronically were: None. Members absent were: Carole Gustafson Others present were Lexi Schneider, Seth Hyberger, & John Dornoff — the Planning Department, Dave Boesen — City Council Liaison, and two citizens. Others present electronically were: Noel Anderson — Community Planning and Development Director and two citizens. I. Approval of the Agenda It was moved by Holdiman and seconded by Beckman to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the regular meetings on November 28, 2023. It was moved by Beckman, seconded by Holdiman, to approve the minutes of the November 28, 2023 meeting. Motion carried unanimously. III. Decision Items 1. Request by Louis Carter for a variance to allow for a metal carport in the required front yard in the "R-1" One and Two -Family Residence District located at 2540 Burton Avenue. Dornoff read the staff report recommending approval of the request with the condition that the shed be fully enclosed by January 1, 2023. Thornsberry stated that the changes had to be done by June 1st not January 1st Thornsberry asked about the suggestions that the building be enclosed on all four sides but asked if they needed the door, to which Dornoff responded that when they enclose it on the 4 side, it will be with a door since it is supposed to be a carport, and they need to get cars in and out. Thomas Verhulst, Beecher Law Firm, handed out pictures of the site in question and stated that the city has laid out the situation well. Verhulst noted that the Carters intended to have the carport behind the front of the house but showed that there is utilities from MidAmerican and Fiber that prevented them from moving it any farther back than the carport currently sits and further noted that it is only three or four feet in front of the house. Verhulst further stated that the Carters intended the whole time to follow the instructions of the Board from the previous meeting and, given the location of the property it is not located in a dense part of the city and view is further blocked by trees. Page 255 of 545 City of Waterloo Board of Adjustment January 23, 2024 Louis Carter, 2540 Burton Avenue was available to answer questions. Beckman asked if Carter had a contractor involved and during the planning to move the carport you discovered the utility situation and at that time did you reach out to Planning and Zoning and bring that to their attention to which Carter responded no because he was on a schedule with the contractor and he did not have time to contact Planning and Zoning. Beckman stated that it was Mr. Carter's decision to move the carport where it is now, not the City's to which Carter stated he didn't think it could be put where the flags were. Beckman asked if it occurred to Carter to contact the City to see if there was alternatives to what the Board of Adjustments previous decision to which Carter stated it did not. Holdiman asked how much of the carport actually sits in front of the house to which Carter responded that he had to tear out part of the cement and he came as close to the flags as he could but needed to leave enough room for backhoes to get into the site area with the utilities to which Holdiman asked for further clarification about how much of the carport sits in front of the house toward the street to which Carter answered not all of it. Beckman reviewed what has taken place up to this point. He noted during the July 26, 2022, Board of Adjustment Meeting, this matter was brought to the Board's attention. At that time, the city was recommending denial of the Carter's request to have the carports in the front yard in addition to the metal siding on the structures, and recommend denial of having two carports on the property. The Board approved the metal siding on the structure but the City's position was that the carports were still in violation. Beckman further noted that on page 4 of the minutes, Carter stated that he was told that carports were not allowed, but he put them up anyway. On page 5 of the minutes, Carter stated he would not get rid of the carports, and on page 7, it states Carter agrees to work with the city to try to get the carport situation worked out. Beckman further noted that although not in the minutes but in the audio and video recordings would be Carter's statement that it is his land and he can do whatever he wants with it and at that point the carport matter is settled and moved to the next month. Beckman noted that at the August 23, 2022, meeting, staff was still recommending denial of the carport request, and on page 3 of those minutes, Beckman reminded the Board that at the May 24, 2022, meeting, the Board required Gary Miller at 206 Bishop Avenue to remove his carport that he had on his property. On page 4 of those minutes, a majority of the Board voted to approve one carport and move it out of the required front yard and enclosed on all four sides. The intent was to move the carport to the south and the east so it would be out of the required front yard. As it turns out Mr. Carter has only moved the carport to the south side of the driveway but not back to the east as required and has yet to be enclosed on all four sides. Beckman went on to say that at the initial meeting on July 26, 2022, he had a feeling it was not going to end well, and it has played out that way. He is very concerned about the statements that Mr. Carter made in particular, this is my property and I will do what I want. Holdiman asked why the carport could not be moved further east beyond the easement, to which Verhulst stated he was not sure about where the easement is, to which Dornoff clarified it is not an easement. However, it is where their private service lines are. Holdiman asked if it was possible to move the carport past where the utilities are located, to which Verhulst stated it was a possibility, but what is being talked about here is about 5 feet that is beyond the front yard line because of the flags for the utility lines. -2- Page 256 of 545 City of Waterloo Board of Adjustment January 23, 2024 Verhulst also stated that he understands Mr. Beckman's comments as it was probably contentious during those meetings, but if you look at the other side is that Mr. Carter was told to remove the one carport and was told to move the one carport and has done so and it is just because of the 5 feet it extends beyond it. So even though Mr. Carter said words about this being his property and noted he would probably be a little offended by that too because it is not right but ultimately has followed through and whether he should have talked to the city first, he did not but is here now with it extended four or five feet so the question becomes are we going to make him move it again or is it reasonable. He further noted that the city says that this is reasonable and this variance is not a big difference anymore. He also stated that he understands Mr. Beckman's feelings but despite all those words in the end Mr. Carter has followed through and he will have the front enclosed by June 1, 2024 and look at the practical standpoint of what has been done and if this is reasonable for the variance be requested. Beckman noted that Mr. Carter knew what a contentious item this was which included two meetings to deal with it and it still bothers Beckman that when the problem was discovered despite how contentious the meetings were he did not reach to the city and discuss the issue with them to which Verhulst states he understand what Beckman is saying but the question is can we move beyond that and whether we can agree with what has been done. Dave Boesen, 3202 Marigold, stated first of all carports are not allowed in the City of Waterloo, second the deadline for moving the one carport was June 1, 2023 and that it was only late this fall that Code Enforcement had to get involved to get this carport moved to the location it is at today. Boesen questioned whether there was any intention of moving it if Code Enforcement had not gotten involved because the deadline had already passed. It was pushing November when it got moved and now were at January 23, 2024 which is 7 months passed the deadline when it was supposed to be moved. Nancy Carter, 2540 Burton Avenue, asked if the Board members considered how much it cost them and how busy it was this summer to get people to do that and they could not get a contractor to work with them and they did not try to be late. She also stated that there is no rules in the "R-1" for anything above 10 acres and the Planning Department acts like it's a typical yard but we do not have a typical yard. Carter further stated that they don't have any neighbors and the first thing Maria Downing said was that they don't have any neighbors. It was tragic how much work had to be performed to move the carport. Carter also stated that if they would send someone out to look at where they want to build and willing to help people and not just torment people and make people spend oodles and oodles of money. How is that helping people, we are supposed to be willing to help each other. She also stated that Iowa only has 4 or 5 months to work with cement and everyone that does that kind of work was busy. Carter asked where they are supposed to move the carport now to which Thornsberry stated that they can work with Planning and Zoning along with Engineering and they figure that out. Carter then asks when they are supposed to get an appointment with Planning and Zoning to which Dornoff responded that the Planning and Zoning Offices are open from 8am to 5pm Monday through Friday and any staff member will be willing to help show them where the carport needs to go. Holdiman asked if a timeline should be added to the motion to deny. Beckman moves to add that the carport needs to be moved out of the front yard by September 1, 2024. It was moved by Beckman, seconded by Holdiman, against staff recommendation to deny the request by Louis Carter for a variance to allow for a metal carport (enclosed on four sides) and a variance to allow the structure in the required front yard because 1) The directive of the August 23, 2022 meeting -3- Page 257 of 545 City of Waterloo Board of Adjustment January 23, 2024 was not complied with, 2) the carport is illegal and 3) the carport must now be moved out of the front yard by September 1, 2024 in the "R-1" One and Two -Family Residence District located at 2540 Burton Avenue. Motion carried unanimously. 2. Request by Rapids Reproductions on behalf of Heart and Solutions for a variance to the sign ordinance allowing one post, pole or monument sign to allow for a second post sign in addition to a monument sign in the "C-1" Neighborhood Commercial District located at 227 East San Marnan Drive. Dornoff read the stall report recommending approval of the request. Dornoff also noted that the property owner called him on Friday and stated that she and her husband knew nothing about the sign and were concerned about it. However, the property owner then called back that morning and stated that their son had approved the lease and the sign, and although they wished the company leasing the offices would use the wall signs, they would not be opposed to the sign. Dan Deininger, Production Manager for Rapids Reproductions, stated he was available for questions. Beckman asked what the sign was made of and that it would face north/south instead of east/west, to which Deininger stated it was an aluminum -clad sign with a plastic interior held up by two wood posts and is an all-weather design and, yes, it would face north/south. Beckman also asked what this business does to which Deininger stated it is a therapist office and Dornoff expanded stated that they are a therapist office based in Grundy Center and have offices across eastern Iowa and opened here in Waterloo in September. It was moved by Holdiman, seconded by Beckman, to approve per staff recommendation the request by Rapids Reproductions on behalf of Heart and Solutions for a variance to the sign ordinance allowing one post, pole or monument sign to allow for a second post sign in addition to a monument sign in the "C-1 "Neighborhood Commercial District located at 227 East San Marnan Drive. Motion carried unanimously. 3. Request by Jayson Vaughn for a variance to the accessory structure size limit to allow for an accessory structure of 884 square feet, 20 square feet more than the 864 square feet permitted and a variance to the height requirement in conjunction with a one story home to allow for a roof height of 16.33 feet, 1.33 feet more than the 15 feet allowed in the "R-2" One and Two Family Residence District located at 109 Oak Ridge Road. Schneider read the staff report recommending approval of the request. There was no comments on this request It was moved by Beckman, seconded by Holdiman, to approve per staff recommendation the request by Jayson Vaughn for a variance to the accessory structure size limit to allow for an accessory structure of 884 square feet, 20 square feet more than the 864 square feet permitted and a variance to the height requirement in conjunction with a one story home to allow for a roof height of 16.33 feet, 1.33 feet more than the 15 feet allowed in the "R-2" One and Two Family Residence District located at 109 Oak Ridge Road. Motion carried unanimously. 4. Request by Terry Phillips for a variance to the accessory structure limit to allow for 4,160 square feet of accessory structures, 2,360 square feet more than the 1,800 square feet allowed, a variance to the -4- Page 258 of 545 City of Waterloo Board of Adjustment January 23, 2024 accessory structure height limit to allow for a height of 19.33 feet, 1.33 feet more than the 18 feet allowed, and a variance to the siding requirements to allow for vertical metal siding located in the "R- 2" One and Two Family Residence District located at 2203 Idaho Street. Hyberger read the staff report recommending tabling the request. Holdiman asked why it was being recommended for tabling, to which Hyberger responded that the applicant wanted to move forward with the request, to which Hyberger noted it would need to be tabled or denied. Holdiman noted that usually when staff asks to table something, it's to get additional information, to which Dornoff responded that it's essentially a commercial typle building, so staff has concerns about what its use is going to be and if commercial it would exceed what is allowed for a home occupation business which the Board of Adjustment cannot issue a variance for and depending on its use it could possibly be rezoned to which Hyberger responded that the applicant stated it would not be used for commercial purposes. Anderson stated that staff is aware that the applicant is a business owner in the City of Waterloo and that there are two semi -trucks parked on the property from the aerial image and had concerns if it would be turning the new building into a commercial building and noted that staff wanted work with the applicant to see which options would work best for him. Terry Phillips, 2203 Idaho Street, stated he was a general contractor for the City of Waterloo and has worked for the City of Waterloo for the last 25 years. The company's name is DC Corporation. Phillips stated that the accessory structure is not for commercial use, and the vehicle that looks like a semi is actually a very large recreational vehicle that will go inside the new building and measures 70-plus feet. He further stated that he is 700 feet from Idaho Street, and there are no homes except for one close to the property and back toward the buildings. Phillips added that there is a bigger building with metal siding located just a couple of blocks away, although it is not residential, and that his business is located more than a mile away. The only thing on the lot that would look like a piece of construction equipment would be a skid loader used to plow the driveway. Beckman asked Phillips that there seemed to be some confusion with the request, and the city has requested to table that request so they can clear everything up so would he be willing to allow the item to be tabled for another month, to which Phillips responded that Spahn and Rose who is the contractor is calling to find out when they can get started, and they are ready to get the foundation work done now to which Beckman responds that he feels it would be better to get back with the city and make sure all the I's, and T's are taken care of and everyone is on the same page. Beckman asked if there was any reason why this could not be worked out by the February meeting, to which Dornoff responded that there was no reason why it shouldn't. Thornsberry stated the recommendation was that the item be tabled until the February meeting, which will be held on February 27tn It was moved by Holdiman, seconded by Beckman, to table per staff recommendation the request by Terry Phillips for a variance to the accessory structure limit to allow for 4,160 square feet of accessory structures, 2,360 square feet more than the 1,800 square feet allowed, a variance to the accessory structure height limit to allow for a height of 19.33 feet, 1.33 feet more than the 18 feet allowed, and a variance to the siding requirements to allow for vertical metal siding located in the "R-2" One and -5- Page 259 of 545 City of Waterloo Board of Adjustment January 23, 2024 Two Family Residence District located at 2203 Idaho Street and return it at the February meeting. Motion carried unanimously. 5. Request by Family Dollar Stores of Iowa for a variance to allow for an limited alcohol sales use (off - premise consumption) in the Broadway Alcohol Sales Overlay District in the "C-2" Commercial District located at 611 Broadway Street. Schneider read the staff report recommending denial of the request. Rob Hosack, Family Dollar Stores, speaking in favor of the variance stated that they are requesting this not to become a liquor store but instead become a family grocery store and that selling alcohol is just part of the inventory they are looking to carry. Hosack also feels that this would actually be a benefit to the community by offering a better place to shop. Hosack also went over Family Dollar's in-store and staffing procedures that are designed to ensure that no one under 21 purchases alcohol and the company's other safety protocols. Hosack also emphasized that a small area of the store would actually be dedicated to the sale of alcohol and that there would be no signage outside stating that they sell alcohol. Beckman noted that several years ago, the Police Department was dealing with an onslaught of underage liquor sales along with more serious incidents in bars that dispense alcohol, and the public became enraged. At that time, the Police Department, the City, the citizens, and the Planning Department created the Alcohol Sales Overlay Districts to address these problems. The overlay has been effective; however, it is not perfect, and in this situation, the Broadway corridor is saturated with places that sell alcohol, and there is no room for another place to sell alcohol in this area. It was moved by Beckman, seconded by Holdiman, to deny per staff recommendation the request by Family Dollar Stores of Iowa for a variance to allow for an limited alcohol sales use (off -premise consumption) in the Broadway Alcohol Sales Overlay District in the "C-2" Commercial District located at 611 Broadway Street. Motion carried unanimously. 6. Request by Cedar Valley Catholic Schools for a Special Permit to install baseball field lights at Sulentic Field at Columbus High School in the "R-3" Multiple Residence District at 3231 West 9th Street. Schneider read the stall report recommending approval of the request. Thornsberry asked for clarification that there were no objections on file, to which Schneider stated correct, and Dornoff added that courtesy letters were sent out to all property owners within 250 feet, and staff received no calls on the request. Holdiman stated that when lights were installed at West High School at the practice field, there was a limit that the lights could not be on past 9:30 pm, and if there was a limitation here to which Schneider responded, there had not been any restrictions proposed. Tom Novotney, Cedar Valley Catholic Schools, was available to answer questions. Holdiman asked how late the lights would be on, to which Novotney answered that it is the intention not to have them on any later than necessary, and games usually end between 9pm and l0pm. -6 Page 260 of 545 City of Waterloo Board of Adjustment January 23, 2024 Beckman asked if this was a seasonal field and if there were any other activities that would take place on the field, to which Novotney answered that it is strictly for baseball and any other uses might use it won't require lighting. It was moved by Holdiman, seconded by Beckman, to approve per staff recommendation the request by Cedar Valley Catholic Schools for a Special Permit to install baseball field lights at Sulentic Field at Columbus High School in the "R-3" Multiple Residence District at 3231 West 9th Street. Motion carried unanimously. IV. Discussion The next meeting of the City of Waterloo Board of Adjustment will be on February 27, 2024. V. Adjournment It was moved by Holdiman, seconded by Beckman, to adjourn the meeting at 5:27 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner II -7 Page 261 of 545 CITY OF WATERLOO, IOWA BOARD OF ADJUSTMENT MINUTES SPECIAL MEETING - 4:00 P.M. FEBRUARY 13, 2024 A special meeting of the City of Waterloo Board of Adjustment was called to order by Vice -Chairperson Beckman at 4:00 p.m. via Zoom and in person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: John Beckman and Christopher Schmitz. Members present electronically were: Craig Holdiman. Members absent were: Carole Gustafson and Jeri Thornsberry Others present were Noel Anderson — Community Planning and Development Director; Aric Schroeder, Seth Hyberger, & John Dornoff — the Planning Department. Others present electronically were: None. I. Approval of the Agenda It was moved by Holdiman and seconded by Schmitz to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the regular meeting on January 24, 2024. It was moved by Schmitz, seconded by Holdiman, to approve the minutes of the January 23, 2024 meeting amending sentence one of item one to say June 1, 2023 and the resolution for item one to say enclosed on all four sides. Motion carried unanimously. III. Decision Items 1. Request by Terry Phillips for a variance to the accessory structure limit to allow for 4,160 square feet of accessory structures, 2,360 square feet more than the 1,800 square feet allowed, a variance to the accessory structure height limit to allow for a height of 19.33 feet, 1.33 feet more than the 18 feet allowed, and a variance to the siding requirements to allow for vertical metal siding located in the "R- 2" One and Two Family Residence District located at 2203 Idaho Street. Hyberger read the staff report recommending approval of the request with the condition that the use of the property shall comply with all zoning ordinance requirements for a single-family home, including that no home occupation or similar commercial business shall operate out of any accessory buildings on the property unless approved by special permit as provided for in the Zoning Ordinance, and no such approved home occupation will operate in more than 1,800 square feet of the accessory building(s) Beckman asked if there had been any objections to it, to which Hyberger answered no. Beckman noted in the packet there is a document called Conditions to Zoning, which the applicant needs to sign. It was moved by Holdiman, seconded by Beckman, to approve the request by Terry Phillips for a variance to the accessory structure limit to allow for 4,160 square feet of accessory structures, 2,360 square feet more than the 1,800 square feet allowed, a variance to the accessory structure height limit to allow for a height of 19.33 feet, 1.33 feet more than the 18 feet allowed, and a variance to the siding Page 262 of 545 City of Waterloo Board of Adjustment February 13, 2024 requirements to allow for vertical metal siding with the following conditions: 1) that the use of the property shall comply with all zoning ordinance requirements for a single family home, including that no home occupation or similar commercial business shall operate out of any accessory buildings on the property unless approved by special permit as provided for in the Zoning Ordinance, and no such approved home occupation will operate in more than 1,800 square feet of the accessory building(s) and 2) and no building permit shall be issued until the Conditions to Zoning is signed by the applicant located in the "R-2" One and Two Family Residence District located at 2203 Idaho Street. Motion carried unanimously. IV. Discussion The next meeting of the City of Waterloo Board of Adjustment will be on February 27, 2024. V. Adjournment It was moved by Holdiman, seconded by Beckman, to adjourn the meeting at 4:10 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner II -2 Page 263 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Community Development Department March 18, 2024 AGENDA ITEM TITLE Motion to receive and file Community Development Board minutes of February 20, 2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. February 2024 Minutes Page 264 of 545 Community Development Meeting Minutes February 20, 2024 I. Call to order Cody Leistikow called to order the regular meeting of the Community Development Board via zoom at 4:06 p.m. on Tuesday February 20, 2024. Leistikow asked for an approval of the agenda for January 2024. It was moved by Weekly and seconded by Rucker to approve the agenda. Motion carried. II. Roll call Cody Leistikow asked for a motion to approve the minutes for January 2024. It was moved by Weekly and seconded by Rucker to approve the minutes for January 2024. Motion carried. Present: Acting Chairperson Cody Leistikow, Angela Weekley, Jessica Rucker and William Frost Members Absent: Cam Campbell and Tina Hummel Also Present: Rudy D. Jones, Community Development Director; Angie Fordyce, Community Development Coordinator, Jennifer Coon, Administrative Secretary; Steve Simon, City Council III. Approval of minutes from last meeting Cody Leistikow asked for a motion to approve the minutes for January 2024. It was moved by Weekly and seconded by Rucker to approve the minutes for January 2024. Motion carried. IV. Old Business: a) Staff Updates and Lead Grant: Welcome to William Frost as new Board member and Jennifer Coon as new hire. Staff has been talking to new contractors and have had several contractors signed up for the upcoming lead training in March. Staff has several administrative projects going on. b) Healthy Homes Grant 2024: City of Waterloo Community Development was awarded the Healthy Homes Grant in the amount of Page 265 of 545 $1,999,991.00.million. Staff is in the middle of negotiations with HUD which includes benchmarks, work plans, and budgets for the grant. New Business: c) Endorse Contracts January 2024: Cody Leitikow asked for prepared contracts for the month. December project approval. Motion made by Leistokow with first by Rucker then seconded by Weekly. d) Neighborhood Services: No report e) CAPER: The Caper has been finished and a summary given by Fordyce. Caper is meeting all expectations. V. Discussion Items: a. Healthy Homes Grant: Discussed and reviewed options to get the information into the hands of agencies and contractors working in the homes. Those ideas included Black Hawk County, Tri-County, NEI3A, those who go into homes and that we could partner with as an agency. Shared also was that the Agency involved would be paid a fee for helping to get out the applications. Some of the criteria to help those in need include: Being below the 80% AMI, a child residing that is under 18, disabled or over the age of 62. b. St. Mary's: prep work is finished and we are now waiting to hear back from the State Historic Preservation Office in Des Moines c. 5 year plan: Mosaic has first draft plan and will meet on Friday with final allocations from HUD expected sometime in April. They have 60 days to respond and an extension has been requested as we are possibly looking at a July submittal date and public hearing. d. Sub -Committee: we will be organizing that meeting soon with representatives from council being Simon and Wilder. VI. Adjournment Meeting ended at 4:58 Page 266 of 545 Minutes submitted by: Cody Leistikow Minutes approved by: Board Page 267 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Historic Preservation Commission minutes of December 19, 2023, and January 16, 2024. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Historic Minutes 12-19-23 2. Historic Minutes 1-16-24 (1) Page 268 of 545 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING — December 19, 2023— 4:30 P.M. The meeting was held in the Mollenhoff Room at City Hall Chairperson Gilbert called the regular meeting of the City of Waterloo Historic Preservation Commission to order at 4:30 p.m. Commission Members present were: Matthew Gilbert, Jared Hottle, Cole Weliver, Ed Ottesen, and, Terry Stevens. Commission Member(s) absent were: Ivan Valtchev, Hector Salamanca Arroyo, Nick Hedrick, and Susan Price. Others present were: Lexi Schneider and Noel Anderson - Planning Staff, Ed Gallagher — Grout Museum, and Tim Kuhlmann — Cedar Valley Historical Society Approval ofAjienda Motion made by Stevens, seconded by Weliver to approve the agenda of the December 19, 2023 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Ottesen, seconded by Stevens to approve the minutes of the November 21, 2023 regular meeting. Motion carried unanimously. Oral Presentations No Report Hearings None Reports 1. Main Street Ottesen noted Santa was in the park with llama's and fireworks for the holidays. 2. Silos and Smokestacks. Hottle noted he contacted Silos and Smokestacks to find out how they can collaborate. They responded by stating they are busy right now and he should contact them again in January. 3. Grout Museum Gallagher stated the Executive Director at the Grout retired after 35 years. The Grout has started to look for a replacement by doing a national search for candidates. The museum will be getting -1- Page 269 of 545 two new exhibits, a Bosnian exhibit and a toy exhibit. A dinosaur exhibit will be coming in May to the Imaginarium. 4. Project Update Schneider noted the Civil Rights project has been finalized and submitted to the federal government. Anderson stated the consultants did meet all of the requirements of the federal government for the grant. Gilbert explained the Commission will want to come up with a way to present the project at the Awards Banquet in May. 5. Highland Weliver noted the Christmas Party was small this year and it was hosted by Nick and Lindsey. 6. Walnut Gilbert stated the Walnut Neighborhood hosted a Saturday pancake breakfast on December 16th Discussion Items/Possible Action Items 1. School Art Project 2024 Gilbert asked if a meeting can be set up with the Waterloo Library and the Waterloo Center for the Arts to plan a workshop to start off the School Art Project. Stevens noted that can be done and Gilbert offered to help with the project. 2. Main Street Waterloo Collaboration Gilbert explained he will be discussing the Historic Preservation Commission Banquet and Tour De Loo with Jessica next year. 3. Other Collaborations Hottle noted he can contact the Hawkeye Community College employee responsible for the class that builds the homes and see if they would be willing to collaborate with the Commission on an education workshop. Hottle explained he was invited to the Church Row Action Team. The action team strives to move rentals to owner -occupied units by using incentives for smaller developers and landlords. 4. City -Owned Properties and Demo List Ottesen asked for an update on the Rath Administration Building located at 1515 Sycamore Street. Anderson explained two West High graduates are looking to develop the building into 90 senior units. They are planning to use Iowa Finance Authority Tax Credits to complete the project. However the developers are concerned with the requirement by the IFA to not raise rents over a certain amount and still make enough money to support the project. The City presented a moving percentage rate for rebates to combat the missing cost. The developers also questioned if they could do a PILOT program, which Anderson noted they could not do a PILOT program -2- Page 270 of 545 because it can not be used for residential developments. Anderson noted this project would be a great improvement for the City of Waterloo and a good addition to the Human Services Campus. The City is hopeful they can figure out the small details and continue to move forward with the redevelopment of the Rath Administration Building. Schneider noted the property on 207 Lafayette Street is now a vacant lot after the house was recently demolished. 5. Maps No Report 6. Goals and Action Plans Schneider noted Gilbert, Stevens, and Ottesen's terms will be ending in February. Staff is looking into whether Stevens and Ottesen can continue to serve on the board as they are past their three term limit. The chair and vice -chair elections will also be coming up in January for a new chair and vice -chair for 2024. Discussion Items: 1. Dunsmore House Anderson began by giving a short summary on the ownership history of the Dunsmore House. He noted the Dunsmore House is owned by the City and 4 to 5 years ago the City Council approved $80,000 to be set aside for the Dunsmore House to entice a buyer. A buyer for the home has never been found. Iowa Heartland Habitat for Humanity looked at the house and declined due to the layout of the home and the constant maintenance the historic home would need. Mike Hayworth looked at the property and quoted $180,000 to $200,000 to fix up the property and the property could potentially be sold at $110,000. The home is part of a double lot, so the north lot could be sold to build another home. A museum has come up in the past as a possible reuse of the structure. However, it could cost $800,000 to $1,000,000 to bring the structure up to commercial code. Also, the Grout has expressed they do not have interest in the home unless it was moved near the Snowden House and the Grout Museum. Staff presented the idea of using $35,000 to $40,000 of the money previously set aside to stabilize the structure to City Council and they denied the use of the funds as there was no use planned for the building. Anderson noted funds can be obtained again to fix up the home and use it as a single family home, but the Historic Preservation Commission should go to Council to ask for the money to fix up the structure rather than staff. It would be a benefit to the City of Waterloo if it was fixed up as a historic home. Ottesen stated it would bring a property back onto the tax rolls for the City. Anderson explained the University of Northern Iowa is working on an impact statement, which could help the City see the benefits of an additional home on the property. Hottle questioned if the City would pay a private developer $180,000 to rehab the home and sell it, to which Anderson stated the City would hire a contractor themselves and sell the home by -3- Page 271 of 545 hiring a realtor. For example, the City hired Amy Weinands real estate to sell the home on Johnson Street even though Hawkeye Community College students built the home. Hottle asked if Hawkeye Community College has a program for historic structures and if they don't they should. Stevens noted the Dunsmore House could be a good location for the African American Museum, to which Noel presented a concern with funding for the Museum. Ottesen stated a concern for who would run the Museum. Stevens stated there could be constant programming at the Museum, so it is used constantly like Museums in other communities. Gilbert explained the Dunsmore House would be a unique home to live in. He questioned if there are other uses for the land, such as a park. The property is unique because of the windows and the location to a busy highway. Hottle noted the historic uniqueness to the structure could be appealing to some buyers. Gilbert stated he cannot envision the structure as a single family home in a rental neighborhood. He questioned what would need to be done per planning and zoning regulations to make the structure into a museum, to which Anderson noted a Special Permit would be needed and it would need to meet commercial code. Anderson gave a summary of the CIP Program and informed the Commission they could ask for money through that and split it between fiscal years due to the construction season being in the middle of a year. A plan to reuse the building would need to be made by the Commission before going to the City Council or setting up a workshop with the Council to ask for money to fix up the building. Gilbert questioned if the $80,000 that was previously set aside for the project was still available, to which Anderson stated the money is not available. The money cannot sit and earn interest; it has to be spent. Anderson summarized the discussion by explaining a single family home would be a source of revenue for the City whereas a museum would be more costly to open and would have very minimum revenue. The City could possibly look at moving the box car to the Dunsmore House site, if it was turned into a Museum and it could be a central location for learning about African American history. Design Guidelines: No Report Adjournment Chairperson Gilbert adjourned the meeting at 5:30 p.m. Respectfully submitted, 4- Page 272 of 545 Lexi Schneider Planner I 5- Page 273 of 545 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING — January 16, 2024— 4:30 P.M. The meeting was held in the First Floor Conference Room at City Hall Chairperson Gilbert called the regular meeting of the City of Waterloo Historic Preservation Commission to order at 4:30 p.m. Commission Members present were: Matthew Gilbert, Jared Hottle, Hector Salamanca Arroyo, Nick Hedrick, Ed Ottesen, and Susan Price Commission Member(s) absent were: Ivan Valtchev, Cole Weliver, and Terry Stevens. Others present were: Lexi Schneider - Planning Staff, Ed Gallagher — Grout Museum, and Sue Pearson — Waterloo Public Library Appointment of Chair and Vice -Chair for 2024 The Commission had discussion on keeping the same Chair and Vice -Chair as 2023. Motion made by Gilbert, seconded by Salamanca Arroyo to appoint Gilbert as Chair and Valtchev as Vice -Chair for 2024. Approval ofAjzenda Motion made by Hottle, seconded by Price to approve the agenda of the January 16, 2024 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Price, seconded by Hedrick to approve the minutes of the December 19, 2023 regular meeting. Motion carried unanimously. Oral Presentations No Report Hearkens 1. Plan for the Dunsmore House Pearson began the conversation by noting the library has been working on a 250 page document which gives information on the Dunsmore House. The library has also been in contact with a person that is part of the Dunsmore family. Gilbert stated he would like to be able to present some of the research completed by the library at the awards ceremony to educate citizens more on the structure. Schneider gave a short summary of the cost estimate and the report completed in 2021 on the Dunsmore House. There was discussion by the Commission on ways to not have to meet the ADA requirements if the property was to be a commercial property, such as a variance. Gilbert -1- Page 274 of 545 noted the masonry cost seems low and may be out dated. Sue Pearson questioned if there has ever been discussion about putting the restrooms and kitchen in an accessory structure. It was also asked if anyone has ever looked into rehabbing the structure as an Airbnb for visiting staff at the University of Northern Iowa. Hottle explained he is good with the idea Noel Anderson presented at the last meeting about rehabilitating the structure to become a residence. Ottesen noted a residence will be the easiest use for the structure, since there are many more requirements to bring the structure into compliance for a commercial use. Price stated a residence will be a good use since the area is primarily residences. Ottesen noted a detailed plan should be created to ask City Council for funds to fix up the exterior of the building and turn it into a residence. The commission agreed with Ottesen and noted a work session with Council would be beneficial. Gallagher questioned who the liaison is for the Historic Preservation Commission now, to which Schneider noted Steve Simon is now the liaison. Hedrick noted Steve Simon is aware of the Dunsmore House and is knowledgeable on the structure. The commission questioned if it was possible to make a post about the Dunsmore House on Facebook to educate people on the structure and get feedback from community members, to which Schneider stated she could check with Agnes and Tara. Motion made by Ottesen, seconded by Hottle to explore residential opportunities for the Dunsmore House with public input and a work session with City Council. 2. Approval of the 2024 Goals and Action Plan Schneider presented the 2024 Goals and Action Plan. The Commission initially asked for the dates to be updated, but then realized they were looking at the 2023 Goals and Action Plan. Motion made by Hedrick, seconded by Salamanca Arroyo to approve the 2024 Goals and Action Plan. 3. Approval of the 2023 CLG Annual Report Schneider asked the commission to review the CLG Annual Report. Gilbert noted his address needs updated. He also noted he attended two or three events this year and he will send the information on the events. Hottle questioned if the Historic Preservation Commission can have its own Facebook page, to which Schneider noted the Mayor has to approve all Facebook posts. Schneider explained she can add to the report that the commission has access to the City of Waterloo Facebook to advertise for events. Motion made by Ottesen, seconded by Hottle to approve the 2023 CLG Annual Report with the changes to the trainings and address. -2- Page 275 of 545 Reports 1. Main Street Ottesen stated Main Street Waterloo is trying to set up a clean-up day on May 18, but they need more help to consider that date. The flower sponsorship is live and able to be donated to now. Tour De Loo is tentatively scheduled for May 16 and Main Street would like to combine the event with the Historic Preservation Commission Awards Banquet in order to get a better turnout for both events. Gilbert noted he is planning to meet with Jessica Rucker and Schneider to discuss the two events next Wednesday. Gallagher explained the City has an agreement with the Grout that allows them to use the Grout free of charge for events such as the Historic Preservation Commission Awards Banquet. Ottesen noted there is a law that could be passed that does not allow cities to restrict the use of vinyl siding on structures, except in historic districts. 2. Silos and Smokestacks. No Report. 3. Grout Museum Gallagher stated the Grout is working on finding a new Executive Director. The levy may affect the funding the Grout and the Library receive and they are therefore looking for individuals to write to the legislative. Gallagher noted he has watched the Bosnian Exhibit and found it interesting. 4. Project Update No Report. 5. Highland No Report. 6. Walnut Matthew explained Iowa Heartland Habitat for Humanity is hosting a book read of Toxic Charity by Robert D. Lupton from January 18, 2024 to February 22, 2024. Discussion Items/Possible Action Items 1. Endangered Properties List 2024 Schneider presented the past Endangered Properties List and informed the Commission they should be thinking about properties to add to the 2024 Endangered Properties List. -3- Page 276 of 545 2. 2024 HPC Awards Banquet No Report. 3. School Art Project 2024 No Report. 4. Main Street Waterloo Collaboration No Report 5. Other Collaborations Hottle stated Tim Kuhlmann wanted to share that the Cedar Valley Historical Society will be hosting an event at the Grout Museum on January 23 at 7:OOpm. Hottle noted he contacted Craig with Hawkeye Community College about a possibility of collaborating with the Commission on a student -led rehabilitation of a historic structure in Waterloo. It was explained that Craig was on board with the idea and it could be a good idea to get David Deeds with JSA Development in the loop too. Gilbert noted the idea could be discussed with the Youth City Council too. 6. City -Owned Properties and Demo List Schneider explained the City has received possession of 1003 Vine Street in the Highland Historic District. Community Development is looking at the property to rehabilitate the structure, but is going to have to follow the rules of the Historic District. The City has noticed vinyl windows were illegally placed on the home at some time. 7. Maps No Report 8. Goals and Action Plans No Report. Discussion Items: No Report. Design Guidelines: No Report. 4- Page 277 of 545 Adjournment Chairperson Gilbert adjourned the meeting at 5:40 p.m. Respectfully submitted, Lexi Schneider Planner I 5- Page 278 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department March 18, 2024 AGENDA ITEM TITLE Casey Gardner, Board/Commission: General Contractor Board, Expiration Date: February 16, 2027, Renewal. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board & Commission Application - Casey Gardner Page 279 of 545 RECEIVED JAN 2 i 2019 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: March 22, 2013 L Casey Gardner , request to be appointed to (state preference): (Name) 1, General. Contractor's Board Home Phone: (319) 939-3862 Home Address 134 Chicago St., Waterloo, IA Employer Don Gardner Construction Co. 2. Cell Phone: (319) 939-3862 Work Phone: (319) 234-0272 Zipcode 50701 Estimator / Superintendent Title Employer Address 315 La Porte Rd. Waterloo, IA Zipcode 50702 How long have you resided in Waterloo? 30 years List current membership in organizations and offices held: Master Builders of Iowa 1 am available for meetings: A.M. P.M. Noon I am available to serve on a Board/Commission the entire year: below) No (check Spring Summer Fall Winter II Seasons) Briefly explain your qualifications for appointment to a designated Board/Commission: I have 10 years of field experience in the commercial and residential construction trade. I currently manage our field operations and bid public and private jobs. Additional information and comments that may not be evident from information already on this form: I hold a residential builders license. References (include phone numbers): Bob Ball 291-4319 Dan Channer 234-1515 Mark Gardner 234-0272 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one,tepdar--year from -date above. 0/0 ,2a+o Signature RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; PHONE 291-4301. ///g 10 .--y,e- /€0 j e y/0 ety41-(Y -krm //is// / ' lc� ` Page 280 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department March 18, 2024 AGENDA ITEM TITLE Liquor Licenses a. Daq King, 632Sycamore St., Class C Alcohol w/Sunday Sales (New) Exp: 11/12/2024. b. Doughy Joey's Peetza Joynt, 300 W. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 2/7/2025. c. Spectra Venue Management (Convention Center), 200 W. 4th St., Class C Alcohol w/Outdoor Service, Catering and Sunday Sales (Renewal) Exp: 1/31/2025. d. Ali's Corner, 1117 E. 4th St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 3/31/2025. e. Amalgamated Local 838 UAW, 2615 Washington St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 2/28/2025. f. Cadillac XBC, 650 La Porte Rd., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 3/27/2025. g. Grout Museum, 503 South St., Special Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 2/23/2025. h. Hampton Inn, 2034 La Porte Rd., Special Class C Alcohol w/Sunday Sales (Renewal) Exp: 1/31/2025. i. Jameson's Public House, 310 E. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 3/31/2025. j. New Star Fletcher, 315 Fletcher Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 1/29/2025. k. Snowden House, 306 Washington St., Special Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 12/14/2024. I. Uni Mart, 1615 Bishop Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 2/28/2025. m. El Patron, 30 E. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 2/28/2025. n. The Snack Shack, 4335 Texas St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 11/4/2024. o. The Spot #3, 117 E. San Marnan Dr., Class E Alcohol w/Sunday Sales (New) Exp: 2/28/2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Page 281 of 545 NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 282 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department March 18, 2024 AGENDA ITEM TITLE Bonds. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. BONDS FOR COUNCIL APPROVAL_3.18.24 Page 283 of 545 RIGHT-OF-WAY CONSTRUCTION BONDS FOR COUNCIL APPROVAL March 18, 2024 7900384431 ALAN EVEN DBA AL'S KOUNTRY CONSTRUCTION LLC JESUP, IA IA 537881 ALFRED SCHOTT LA PORTE CITY, IA 7900370807 ANTHONY FISCHELS HUDSON, IA 1914530 ASPRO INC. WATERLOO, IA IA 566225 B & B BUILDERS CONCRETE, INC. WASHBURN, IA 2255027 BAKER ENTERPRISES, INC. WAVERLY, IA 7900452170 BENTON SAND & GRAVEL, INC. CEDAR FALLS, IA 7900452203 BOWERS MASONRY, INC. WATERLOO, IA IA 601517 BRADLEY COLVIN WATERLOO, IA 7900428147 BROCK EVEN CONSTRUCTION LLC JESUP, IA IA 559897 CARDINAL CONSTRUCTION INC. WATERLOO, IA IA 537158 CEDAR VALLEY CORP., LLC WATERLOO, IA 7900383696 CEDAR VALLEY RENOVATIONS LLC CEDAR FALLS, IA IA 580414 CHAD L TONEFF DBA CHAD'S PLUMBING DUNKERTON, IA 100229764 COMMUNICATION DATA LINK, LLC GRIMES, IA 7900314398 COUNTRY BUILDERS JANESVILLE, IA IA5112742 DIRTWORKS CONSTRUCTION LLC CEDAR FALLS, IA 7900402302 FAILOR HURLEY CONSTRUCTION WATERLOO, IA IA 590430 HOFFMAN & HOFFMAN TRENCHING INC. CEDAR FALLS, IA 7900452185 HUFF CONTRACTING, INC. WATERLOO, IA 7900452206 IOWA HEARTLAND HABITAT FOR HUMANITY WATERLOO, IA IA5870525 JACOB DEVRIES DENVER, IA 100054257 JEFFREY DUNN WATERLOO, IA 7901144612 K CUNNINGHAM CONSTRUCTION LLC CEDAR FALLS, IA IA 594846 MANATT'S, INC. BROOKLYN, IA 7900452193 MARK RUSSELL DBA RUSSELL CONSTRUCTION WATERLOO, IA IA 537826 MARTINSON CONSTRUCTION CO INC. WATERLOO, IA 7900452208 MATTHIAS LANDSCAPE COMPANY, INC. WATERLOO, IA 7900322198 MICHAELJAMES WAVERLY, IA IA5139342 MOLITOR, LLC DBA MOLITOR UTILITIES SWISHER, IA 7900452183 OWEN CONTRACTING, INC. CEDAR FALLS, IA TE9079 PETERSON CONTRACTORS, INC. REINBECK, IA 7900378903 PHILIPPSON CONCRETE CONSTRUCTION, INC. MANCHESTER, IA IA 627709 QUALITY CONSTRUCTION SERVICES ELDRIDGE, IA 7900453032 REYES CONCRETE SERVICES LLC JESUP, IA 100011200 REYES CONSTRUCTION LLC WATERLOO, IA IA5107020 ROEDER SNOW REMOVAL LLC WATERLOO, IA IA5194532 ROGERS CONCRETE CONSTRUCTION, INC. ANAMOSA, IA IA5287962 STEEGE CONSTRUCTION, INC. WAVERLY, IA IA5645822 STOREY KENWORTHY COMPANY, INC. DES MOINES, IA SYA3604 STRICTLY PLUMBING, INC. DBA BENJAMIN FRANKLIN PLUMBINGCEDAR RAPIDS, IA 7900452191 TODD VAN DORN DBA TODD VAN DORN CONSTRUCTION CEDAR FALLS, IA IA 601424 TONY'S PLUMBING & HEATING LLC CEDAR FALLS, IA 7901138741 TRUEG CUSTOM CONCRETE JESUP, IA 7900452201 TURN KEY ASSOCIATES, LLC WATERLOO, IA 2130539 VIETH CONSTRUCTION CORPORATION CEDAR FALLS, IA 190051010 WOODRUFF CONSTRUCTION, INC. FORT DODGE, IA Page 284 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Sale and Conveyance of city owned property located north of 216 Sunnyside Avenue to Iowa Heartland Habitat for Humanity in the amount of $1.00, with a Development Agreement and a Grant of $5,000.00 for infill housing development. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo took possession of two homes located at 208 & 212 Sunnyside Avenue. They have been demolished and Iowa Heartland Habitat for Humanity plans to construct one single family home on the two lots. NEIGHBORHOOD IMPACT Redevelopment of the lot would have a positive impact on the Church Row neighborhood. DATA, ANALYSIS, AND STRATEGIES Infill Development IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Sale of the City owned lot would be considered by Council through the public hearing process which requires public notice of the hearing. SOURCE OF EXPENDITURES Bonds ALTERNATIVE ACTION Not approve LEGAL DESCRIPTION North 35 feet in width of the South 70 feet in width of Lot 5, Block 2, "Oak Lawn Addition" in Waterloo, Iowa and part of the street adjoining said lot described as: Commencing at a point on the East line of Page 285 of 545 said Lot 5, 35 feet North of the southeast corner of said Lot; thence East 3 feet; thence North parallel with the East line of said Lot 35 feet; thence West 3 feet to the East line of said Lot; thence South to the place of beginning. And South 35 feet of Lot 5 in Block 2 in "Oak Lawn Addition" in Waterloo, Iowa, and a part of the vacated street adjoining described as flows: Beginning at the Southeast corner of said Lot; thence East 3 feet; thence North parallel with the East line of said Lot 35 feet; thence West 3 feet to the East line of said Lot; thence South along said East line 35 feet to the point of beginning. ATTACHMENTS 1. Habitat DA for 208-212 Sunnyside 2-14-24 2. Sunnyside Lots Map Page 286 of 545 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , by and between Iowa Heartland Habitat for Humanity ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City owns real property in the 200 block of Sunnyside Avenue, Waterloo, Iowa (the "Property"), which is legally described as set forth on Exhibit "A" attached hereto. Company desires to undertake a project on the Property. B. City considers development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. Page 287 of 545 2. Improvements by Company. Company acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Company agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. At its own cost Company shall renovate the existing structure to create a single-family dwelling to a finished state, including sidewalk, garage and driveway, and shall be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific plans, building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin renovation of the dwelling within four (4) months after receiving title to the Property (the "Project Start Date") and must Substantially Complete construction by June 30, 2027 (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. 2 Page 288 of 545 B. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 13, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 13, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property in addition to exercising any other available remedies. 4. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 3, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed or other documents required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of 3 Page 289 of 545 indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 6. City Incentives. To aid the Project, City agrees to provide the following assistance: A. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Company a grant of $5,000.00 within thirty (30) days after Company has Substantially Completed the Improvements and has obtain final inspection on all permits obtained for the Project. 7. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 8. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 9. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would 4 Page 290 of 545 not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. 5 Page 291 of 545 E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 12. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City, except as expressly authorized by this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property; or E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 6 Page 292 of 545 13. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 14. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's acquisition of same or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be on or about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. 7 Page 293 of 545 B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 18. 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 8 Page 294 of 545 certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the Community Planning and Development Director. (b) if to Company, at 803 W. 5th Street, Waterloo, Iowa 50702, Attention: Executive Director. 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, or (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. A party may change the address for giving notice by any method set forth in this Section. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 9 Page 295 of 545 23. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 26. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT FOR HUMANITY By: By: Quentin Hart, Mayor Ali Parrish, Executive Director Attest: Kelley Felchle, City Clerk 10 Page 296 of 545 EXHIBIT "A" Property Description North 35 feet in width of the South 70 feet in width of Lot 5, Block 2, "Oak Lawn Addition" in Waterloo, Iowa and part of the street adjoining said lot described as: Commencing at a point on the East line of said Lot 5, 35 feet North of the southeast corner of said Lot; thence East 3 feet; thence North parallel with the East line of said Lot 35 feet; thence West 3 feet to the East line of said Lot; thence South to the place of beginning. And South 35 feet of Lot 5 in Block 2 in "Oak Lawn Addition" in Waterloo, Iowa, and a part of the vacated street adjoining described as flows: Beginning at the Southeast corner of said Lot; thence East 3 feet; thence North parallel with the East line of said Lot 35 feet; thence West 3 feet to the East line of said Lot; thence South along said East line 35 feet to the point of beginning. Page 297 of 545 Cali of Waterloo, Iowa Page 298 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Sale and conveyance of city -owned property located at 215 Locust Street, in the amount of $5,000.00, to Marcelino Balion Perez, including a Development Agreement and Real Estate Contract. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo obtained title to 215 Locust Street by 657A court action. The home was deemed to be in adequate condition that it could be rehabilitated, and Mr. Perez has submitted a proposal to rehab the property. The Planning Department is recommending that we move forward with the proposal, which includes acquisition of the property for $5,000 and rehabilitation of the home with an estimated cost of improvements of $58,618. The sale is proposed by Real Estate Contract, and the property would not be deeded until completion of the improvements. The development agreement provides for Mr. Perez to obtain a building permit and begin renovation within 4 months of execution of the Contract, and substantially complete the rehabilitation within 14 months of execution of the Contract. NEIGHBORHOOD IMPACT This request will have a positive impact on the neighborhood by elimination of the blighted home, which had been abandoned and become dilapidated. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Nuisance Abatement Bonds ALTERNATIVE ACTION Page 299 of 545 LEGAL DESCRIPTION The Southeasterly 38 feet of Lots 8 and 9 in Block 9 in "Whitney's Subdivision" in Waterloo, Iowa. ATTACHMENTS 1 Perez infill DA and Contract 215 Locust developer signed 2. 215 Locust St Aerial 3. 215 Locust St Detailed Assessor Report 4. Estimate_ Project Plan - 215 Locust Page 300 of 545 Preparer: Christopher S. Wendland,P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2023, by and between Marcelino Bailon Perez("Developer"), and the City of Waterloo, Iowa ("City"). RECITALS Developer is willing and able to finance and rehabilitate an existing property located at 215 Locust Street, Waterloo, Iowa (the "Property"), legally described as set forth on Exhibit "A" attached hereto. City considers development within the City a benefit to the comrnunity and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that rehabilitation of the Property is in the best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall sell the Property to Developer on contract (the "Contract") for the sum of $5,000.00 (the "Purchase Price"). Other terms of sale shall be as set forth in the Contract, the form of which is attached hereto as Exhibit "B." 2. Improvements by Developer. Developer acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Developer agrees to accept the Property in its "AS IS condition, without any warranty from City, expressed or implied, as to the condition of the Page 301 of 545 Property, its marketability, or its fitness for any particular purpose. At its own cost Developer shall (a) remove and properly dispose of all debris and unwanted personal property from the dwelling, (b) renovate the existing structure to a finished state for single-family residential purposes, and (c) make other improvements to the buildings and grounds, including but not limited to sidewalk, and shall be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Developer shall submit specific plans, building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will rneet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or (net before the Improvements may be lawfully constructed. The Property, the Improvements, and all other work to make the project site usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; Possibility of Contract Forfeiture. The parties agree that Developer's commitment to cause the Project to be undertaken and to renovate the Property and complete the Improvements in a timely manner constitutes a material inducement for the City to sell the Property to Developer and to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Developer must obtain a building permit and begin renovation of the dwelling within four (4) months after Contract execution (the "Start Date") and must Substantially Complete rehabilitation within fourteen (14) months after Contract execution (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for construction of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or Contract forfeiture. If Developer does not begin or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, Page 302 of 545 then City may terminate this Agreement as set forth in Section 12, and City shall then have no further obligation to Developer under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be toiled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Developer shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 12, City shall have no further obligations to Developer under this Agreement, including but not limited to any legal or equitable obligation to reimburse Developer for any costs expended by Developer with respect to the Project or to compensate Developer for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may forfeit the Contract in addition to exercising any other available remedies. 4. Utilities. Developer will be responsible for obtaining or extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees and costs of usage after the Contract date. 5. City Incentives. To aid the Project, City agrees to provide the following assistance: A. Partial Purchase Price Refund. Within thirty (30) days after Developer has Substantially Completed the Improvements and has obtained final inspection on all permits obtained for the Project, City will refund the Purchase Price to Developer. B. Grant. Concurrently with refund of the Purchase Price pursuant to paragraph A above, City will make a $5,000.00 infill housing incentive grant to Developer. 6. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Developer agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's completion of the Improvements and of which Developer notifies City before Developer executes any such mortgage. Developer may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 7. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Contract or the Property prior to 3 Page 303 of 545 completion of the Project, whether in whole or, in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 8. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Until the Improvements have been Substantially Completed, Developer shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Developer with respect to construction of the Improvements. B. Developer will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the fsiiure to , ,y >>:;ir'+ with the sarne, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Developer. C. Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. Page 304 of 545 B. This Agreement has been duly and validly authorized, executed and delivered by Developer and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Developer that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. C. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limitedby, in conflict with, or result in a violation or breach of, any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. D. There are no actions, suits or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective) or financial position of Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. 11. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of thefoliowing events that. continues beyond any applicable cure periods: A. Failure by Developer to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City, except as expressly authorized by this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Any representation or warranty made by Developer. in this Agreement, or made by Developer in any written statement or certificate furnished by Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof; Page 305 of 545 E. Developer (1)files any petition iDbankruptcy O[for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property; or F Any representation 0rwarranty made bxDeveloper inthis Agreement, or made by Developer in any written statement Orcertificate furnished by Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance o[making thereof. 12. Remedies. A. Default bvDeveloper. Whenever any Event pfDefault in respect of Developer occurs and is continuing, the City may terminate this Agreement. Before exercising iGiOg such n8nOedV. City shall give 30 days' written notice to Developer of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably b8cured within 30 days and Developer shall not have provided @SSVr8Dces reasonably satisfactory tO the City that the Event Of Default will `ba cured @nsoon aSreasonably possible. Upon termination, City may exercise any and all remedies available at law, eqUity, contract or otherwise to recover ownership Of the p[Op8rtV as set forth in this Agreement. B. Default byCity. Whenever any Event OfDefault iDrespect UfCity 0CcUrS and is continuing, Developer may take such action against City to require ittOspecifically perform its obligations hereunder. Before exercising such remedy, Developer shall gjV8 30 days' written notice to City Dfthe Event Of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30days and City shall not have provided assurances reasonably satisfactory tO the Developer that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall becumulative and inaddition to any other right or remedy given under this Agreement or existing at law or in 6 Page 306 of 545 equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 13. Indemnification and Releases. A. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after the Contract date or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its employees, contractors or agents, or any other person who may be on or about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Developer agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Developer's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. 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 7 Page 307 of 545 may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 15. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's'lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 16. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 17. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, at 22325 Mapes Road, Perris, California 92570. 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) four (4) 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. 18. 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. 19. 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 Page 308 of 545 authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shalt not affect or impair any rights arising from any subsequent default. 20. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 21. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materialiy to the preparation of each and every provision of this Agreement. 22. 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. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. 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. 26. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Developrnent Agreement by their duly authorized representatives as of the date first set forth above. Page 309 of 545 CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk 10 Page 310 of 545 EXHIBIT "A" Property Description The Southeasterly 38 feet of Lots 8 and 9 in Block 9 in "Whitney's Subdivision" in Waterloo, Iowa. Page 311 of 545 EXHIBIT "B" Form of Contract See attached. Page 312 of 545 Prepared by: Christopher S. Wendland, P.O. Box 596, Waterloo, IA, 50704. 319-234-5701 Taxpayer address: Marcolino Bailon Perez; 22325 Mapes Road,'Perris, CA 92570 REAL ESTATE CONTRACT This Real Estate Contract (the "Contract"), made and entered into as of 0 2/ 1 , 2024, by and between City of Waterloo, Iowa ("Seller") and Marceilno Bailon Perez ("Buyer"): WITNESSETH, that the Seller sells to the Buyer and the Buyer purchases the following described real estate (the "Property") situated in Black Hawk County, State of Iowa, to -wit: The Southeasterly 38 feet of Lots 8 and 9 in Block 9 in "Whitney's Subdivision" in Waterloo, Iowa. SUBJECT TO (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable iaVV. INCLUDED in this sale, if located in or on the Property and if owned by Seller, are all equipment, machinery, fixtures, trade fixtures, and all other fixtures not hereinafter specifically reserved by Seller in writing. 1. THE TOTAL PURCHASE PRICE for the Property is Five Thousand and 00/100 Dollars ($5090.000), payable to Seller at the address designated by Seller from time to time, as follows: (a) Four Thousand Nine Hundred Ninety -Nine Dollars ($4,999.00) upon execution of this Contract. (b) The balance of the purchase price will be due and payable in full on or before/?ugust' i, 2025. 2. POSSESSION is to be given Buyer on the date of execution of this Contract by both parties. Seller represents that there are no other parties currently in possession. 3. TAXES AND ASSESSMENTS. The Property is currently exempt from property taxes. Buyer will pay all future general property taxes and special assessments prior to becoming delinquent. 4. INSURANCE. From and after delivery of possession, Buyer shall provide fire and extended coverage insurance on said premises at least equal to $30,000 n a company acceptable to Seller, all policies to protect the interest of both parties hereto as their interests may appear. Buyer shall promptly provide to Seller a certificate of insurance naming Seller as an additional insured. 5. RENTS. Intentionally omitted. 6. TITLE. At the time of final payment hereunder, the Seller shall convey the Property to the Buyer by QUIT CLAIM DEED. Buyer shah be responsible; at its sole cost and expense, to obtain whatever evidence of title that it desires. 7. CARE OF PROPERTY. No improvements placed upon the Property, or now thereon, shall be removed or destroyed until final payment is made, nor shall the Buyer commit waste of the Property. Buyer shall be solely Page 313 of 545 responsible, without claim or recourse to Seller, for any repairs, maintenance, or upkeep that may be necessary in connection with their occupancy and for all costs of utilities and other services to the Property. 8. ADVANCEMENT BY SELLER. If Buyer fails to pay such taxes, special assessments, or insurance as above agreed, Seller may, but need not, pay such taxes, special assessments, insurance, and all sums so expended shall be due and payable on demand; or such sums so expended may, at the election of Seller, be added to the principal amount due hereunder and bear interest until paid at the highest legal rate allowable or 12%o per annum, whichever is less, compounded monthly, 9. JOINT TENANCY PRESERVED. Intentionally omitted. 10. ADDITIONAL TERMS. The parties further agree as follows: (a) Seller does not make, and has not made, any representation or warranty concerning the Property or its condition or fitness for use for any particular purpose. The Property is sold to Buyer "AS IS." (b) Buyer may not sell, transfer or assign its interest in this Contract without the prior written consent of Seller. (c) Property is subject to the terms of a certain Development Agreement between the parties. (e) Included in the sale and purchase at no additional consideration are all equipment, fixtures, inventory and other personal property of any type or nature that is located in or upon the Property, all of which are sold to Buyer "AS IS." (f) Buyer acknowledges that it has had a full and fair opportunity to enter upon and inspect the Property and/or to have the Property inspected by contractors of its own choosing. 11. TIME IS OF THE ESSENCE of this Contract. Failure promptly to assert rights of Seller hereunder shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. 12. DEFAULT. If the Buyer fails to perform any of the terms of this Contract, the Seller may forfeit this Contract as provided by Iowa law governing the forfeiture of real estate contracts, and if this Contract is forfeited, Buyer shall thereafter be considered as a tenant holding over after termination of a lease. Upon completion of such forfeiture, all sums previously paid Seiler hereunder and all improvements placed on the Property by Buyer shall become the absolute property of Seller as liquidated damages for the breach of this Contract and as rent for the premises. In the event of compliance with the terms of the notice of forfeiture of this Contract, Buyer shall pay the cost of serving said notice. 13. ACCELERATION. If Buyer fails for thirty days to perform any one or more of the terms of this Contract, the Seller may, without further notice, declare the entire amount of the balance unpaid hereunder immediately due and payable; and thereafter, at the option of the Seller, this Contract may be foreclosed and a receiver may be appointed to take charge of said premises and collect the rents and profits therefrom to be applied as may be directed by the Court, and Buyer agrees to pay reasonable attorney fees therefor. 14. PERSONAL PROPERTY. if this Contract includes the sale of any personal property, then in the event of the forfeiture or foreclosure of this Contract, the personalty shall be considered indivisible from the real estate above described; and any such termination of Buyer's rights in said real estate shall concurrently operate as the forfeiture or foreclosure hereof against all such personal property. 15. MORTGAGE BY SELLER. Intentionally omitted. 16. CERTIFICATION. Buyer and Seller each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 17. BUYER'S RIGHTS UNDER ENCUMBRANCE. Seiler shall pay all interest and principal on all encumbrance of the Property created or suffered by Seller when the same become due, and in the event of a failure 2 Page 314 of 545 on Seller's part to make any such payment before it becomes delinquent, Buyer may pay the same and receive credit hereon for the amount so paid. If Buyer is acquiring the Property from an equity holder, rather than from a titleholder, or in event there is a mortgage against the Property, then, in either of those events, Buyer hereby reserves the right, if reasonably necessary for his protection, to split the payments pro rata among the interested payees. 18. GENERAL TERMS; CONSTRUCTION. This Contract shall be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. It represents the entire agreement of the parties and may not be amended without the express written consent of both parties. The singular masculine gender is used to refer to the parties in this Contract. Such terms shall be construed to include the feminine and neuter genders and the plural number, if applicable. 19. COUNTERPARTS. This Contract may be executed in any umb= o counterparts, all of which, taken together, shall constitute one and the same instrument. SELLER BUYER City of Waterloo, Iowa By: Quentin Hart, Mayor Marcelin Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) On this day of , 2024, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public [acknowledgments continue on next page] 3 Page 315 of 545 STATE OF CALIFORNIA ) )'ss. 1-2 1 % tirsic COUNTY This record was acknowledged before me on a Zi , 2024, by Marcelino Bailon Perez. •-rmstcr") Notary Public J. M. MORTENSEN COMM. ,#2370576 z Notary ;Public California Riverside County ti Comm. Epres Aug22_2025t 4 Page 316 of 545 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 2rive,c'st d-e On 32,1 IU l ZLk personally appeared before me, 3 A Nlo r Ae h s e i. he d4-c Pc, h i l (here insert name and title of the officer) 45cvl, la-r• rpe t e Z_ who proved to me on the basis of satisfactory evidence to be the person( whose names 40•r is/ark subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/COhis/her/CO authorized capacity(iesl, and that by his/he signature( on the instrument the persons-); or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. J. M. MORTENSEN COMM. #2370576 z Notary Public . California c Riverside County Comm. Ex • es •. 22. 2025 WITNESS my hand and official seal. Signature -c-TVPLM cAJNeN (Seal) T Page 317 of 545 Cittj of Waterloo, Iowa Page 318 of 5115 Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District School District 891326184013 215 LOCUST ST WATERLOO IA 50701 N/A WHITNEYS SUBDIVISION SE 38 FT LOT 8 BLK 9 SE 38 FT LOT 9 BLK 9 (Note: Not to be used on legal documents) 202400006672 (11/20/2023) 0 R - Residential (Note: This is for assessment purposes anly. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood CWTLO-03 Owner information Deed CITY OF WATERLOO 715 MULBERRY ST WATERLOO IA 50703 Address Change Form Mall To CITY OF WATERLOO 715 MULBERRY ST WATERLOO IA 50703 Link to the Address Change Forrn Sales Date Seller 10/5/2023 KUBALEK,JAMES Buyer PEREZ BAILON,MARCELINO 5/3/2019 DYSART HOLDINGS LLC KUBALEK,JAMES 3/18/2019 THOMA,MICHAEL 7/22/2010 WILKEN INVESTMENTS LLC 3/3/2008 NOVASTAR MORTGAGE INC 4/11/2007 80O5E,ELIZABETH Show Deed/Contract Show Deed/Contract DYSART HOLDINGS LLC THOMA,MICHAEL WILKEN INVESTMENTS LLC NOVASTAR MORTGAGE INC Recording 2024- 00005305 2019- 00016485 2019- 00013884 2011- 00001525 2008- 00018184 2007-024432 Sale Condition - NUTC OTHER WITH EXPLANATION SALE WITH CONSIDERATION PAID FOR REAL PROPERTY OF $10,000 OR LESS FORECLOSURES, FORFEITURES, SHERIFFS AND TAX SALES, ORTRANSFERS ... SALES WITH CONSIDERATION (SELLING PRICE) OF $10,000 OR LESS - 09/11 SALES $10,000 OR LESS (LINE 3 OF THE DECLARATION OF VALUE) - PRIOR 09 SHERIFF OR TAX SALE - PRIOR 09 Land Lot Dimensions Regular Lot: 38.00 x 110.00 Lot Area 0.10Acres;4,180 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Residental Dwellings Type Deed Contract Deed Deed Deed Deed Multi Parcel Amount $10,000,00 $5,900.00 $341.00 $5,000.00 $6,500.00 $47,332.00 Page 319 of 545 Residential Dwelling Occupancy Single -Family / Owner Occupied Style 2 Story Frame Architectural Style N/A Year Built 1904 Exterior Material Vinyl Total Gross Living Area 1,344 SF Attic Type Floor&Stairs; Number of Rooms 8 above; 0 below Number of Bedrooms 5 above; 0 below Basement Area Type Full Basement Area 672 Basement Finished Area Plumbing 1 Standard Bath; 1 Toilet Room (1/2 Bath); 1 Sink; Central Air No Heat Yes Fireplaces Porches 1S Frame Enclosed (144 SF); Decks Additions Ga rages Permits Permit i Date Description Amount WA 14837 12/31/2023 Int-Remodel 6,000 WA 14831 12/31/2023 Roof 3,100 FC 11/28/2023 Misc 0 WA 07897 06/22/2021 Demo/Rmvl 0 Valuation 2023 2022 2021 2020 2019 Classification Residential Residential Residential Residential Residential + Assessed Land Value $5,240 $5,240 $5,240 $5,240 $5,240 + Assessed Improvement Value $0 $0 $0 $0 $0 + Assessed Dwelling Value $21,260 $17,580 $18,880 $20,980 $20,980 Gross Assessed Value $26,500 $22,820 $24,120 $26,220 $26,220 - Exempt Value $0 $0 $0 $0 $0 Net Assessed Value $26,500 $22,820 $24,120 $26,220 $26,220 Taxation 2022 2021 2020 2019 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 Pay 2020-2021 + Taxable Land Value $2,864 $2,836 $2,956 $2,886 + Taxable Improvement Value $0 $0 $0 $0 + Taxable Dwelling Value $9,607 $10,220 $11,835 $11,555 Gross Taxable Value $12,471 $13,056 $14,791 $14,441 Military Exemption $0 $0 $0 $0 = Net Taxable Value $12,471 $13,056 $14,791 $14,441 x Levy Rate (per $1000 of value) 40.18730 39.49908 40.15223 40.46092 = Gross Taxes Due $501.18 $515.70 $593.89 $584.30 - Ag Land Credit $0.00 $0.00 $0.00 $0.00 - Family Farm Credit $0.00 $0,00 $0.00 $0.00 - Homestead Credit $0,00 $0.00 $0.00 $0.00 - Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 - Business Property Credit $0.00 $0.00 $0.00 $0.00 • NetTaxesDue $501.18 $515.70 $593.89 $584.30 Tax History Year Due Date Amount Paid Date Pald Receipt 2022 March2024 $251 Yes 8/25/2023 551080 5eptember2023 $251 Yes 8/25/2023 2021 March 2023 $4 Yes 4/21/2023 416146 September 2022 $27 Yes 4/21/2023 2021 March 2023 $258 Yes 8/25/2023 416146 September 2022 $258 Yes 8/25/2023 2021 March2023 $15 Yes 8/25/2023 416146 September2022 $16 Yes 8/25/2023 2021 March 2023 $0 No 416146 September 2022 $4 Yes 4/21/2023 Page 320 of 545 Year Due Date Amount Paid Date Paid Receipt 2020 March 2022 $0 No 373037 September 2021 $4 Yes 4/4/2022 2020 March 2022 $4 Yes 4/4/2022 373037 September 2021 $31 Yes 4/4/2022 2020 March 2022 $297 Yes 4/4/2022 373037 September2021 $297 Yes 4/4/2022 2019 March2021 $292 Yes 3/12/2021 230785 September 2020 $292 Yes 11/18/2020 2019 March 2021 $0 No 230785 September 2020 $4 Yes 10/22/2020 2019 March 2021 $0 No 230785 September2020 $3 Yes 11/6/2020 2018 March 2020 September 2019 2017 March 2019 September 2018 2017 March 2019 September 2018 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Sketches Sketch by wMw.camavision.com $295 Yes 7/17/2020 051039 $295 Yes 9/27/2019 $292 Yes 4/5/2019 051039 $0 No $4 Yes 4/5/2019 051039 $0 No 28 2S B A FA (MAIN) (672] 24 1S FR EP 8 ]144] 18 Page 321 of 545 Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 02/20/2021 Sales by Neighborhood Sales by Subdivision 1500 11 Feet To:l 02/20/2024 Sales by Distance Homestead Tax Credit and Exemption Apply Online for the I Ioomsiead Tax Credit and Exemption Military Service Tax Exemption Application Apply Online for the Military Service Tax Exemption No data available for the following modules: Agricultural Land/CSR, Commercial Buildings, Agricultural Buildings, Yard Extras, Exemptions, Tax Sale Certificate, Special Assessments, Board of Review Petition. The reaps and data available for access at this websi to are provided "as is'' without warranty or Contact Lis Ueveior:ed by any representation of accuracy, timeliness, or completeness. �� Schneider I User Privacy Policy, I GDPR Privacy Notice G E O $PA i r. E Last Data Upload: 2/20/2024,12:36:49 AM Page 322 of 545 From: MPAC Mechanical Inc. To: ARIC SCHROEDER Subject: Re: Project Plan - 215 Locust Date: Tuesday, February 13, 2024 4:08:32 PM Attachments: image001.jpq image002.joq image003.jpq CAUTION: This email originated from outside the City of Waterloo email system. Do not click links or open unexpected attachments unless you recognize the sender and know the content is safe. Good afternoon Aric, here is the breakdown for the cost on the home project. R13 insulation will be used for 1,920sq ft. of the home including parts and labor (4 hours) two workers it's about $2,054.00. R38 insulation will be used for the attic 529sq ft. including parts and labor (8 hours) for two workers is $1,215.00. For drywall we'll be utilizing 1/2in. USG sheetrock brand for 3,000sq ft. Adding parts and labor (4 full days) it will be $5,049.00. Kitchen is an estimated $7,200 including labor. Roofing, it will be shingle roof with an estimate of $20,400 and will be using a local company. Heating and air conditioning will be a local company as well and they quoted $17,000.00. Lighting will be LED lighting at an estimated cost of $3,600.00 with parts and labor. Plumbing will be $2,500.00. Overall estimated project is $58,618.00. Let me know if you have any questions or may need anything else. Plumbing $2,500.00 Lighting $3,600.00 Insulation $3,269.00 Drywall $5,049.00 Kitchen $7,200.00 Heating & Air conditioning $17,000.00 Roofing $20,000.00 Estimated Total $58,618.00 Thank you On Tue, Feb 13, 2024 at 11:09 AM ARIC SCHROEDER <ARIC.SCHROEDER@waterloo- ia.org> wrote: Sounds good. Thanks, Page 323 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department AGENDA ITEM TITLE MEETING DATE March 18, 2024 FY 2024 Broadway Street Reconstruction Project, Contract No. 1095. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Bid Tab FY24 Broadway Street Reconstruction, Cont. No. 1095 2. Cedar Valley Corporation Contract Page 324 of 545 FY24 Broadway Street Reconstruction, Cont. No. 1095 March 7, 2024 Bid Tab Engineering Estimate: $6,700,000.00 Bidder Bid Security Bid Amount Cedar Valley Corp. Waterloo, IA o 5 /o $4,576,538.79 Owen Contracting, Inc. Cedar Falls, IA o 5 /o $4,791,007.75 Peterson Contractors, Inc. Reinbeck, IA 5% $4,695,883.55 Boomerang Corp. Anamosa, IA o 5 /o $5,319,420.80 Page 325 of 545 FORM OF CONTRACT FOR THE CONSTRUCTION OF F,Y. 2024 BROADWAY STREET RECONSTRUCTION PROJECT CITY OF WATERLOO, IOWA CONTRACT NO. 1095 This contract made and entered into this day of , 20, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and CEDAR VALLEY CORPORATION, of WATEROO, IOWA, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR, 3 PAR, 4 PAR. 5 PAR. 6 Contractor agrees to build and construct the FY 2024 BROADWAY STREET RECONSTRUCTION PROJECT, CONTRACT NO. 1095, and furnish all necessary tools, equipment, materials,. and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before DECEMBER 15, 2024, unless an extension of time is granted in writing by the Council of the City. Incentive will be paid to the contractor for substantial completion of this contract per the following schedule: Substantial completion of Contract on or before November 27, 2024 Incentive of $50,000 Substantial completion is defined as all work completed except grading associated with final grading and final seeding. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date FORM OF CONTRACT Page 1 of 4 Page 326 of 545 PAR, 7 PAR. 8 PAR. 9 PAR. 10 herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer, Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR, 12 The Contractor agrees to pay punctually all just claims of labor, material, risen, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall he for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. FORM OF CONTRACT Page 2 of 4 Page 327 of 545 PAR. 14 PAR. 15 PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $4,576.538.79. After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as 'Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT Page 3 of 4 Page 328 of 545 CITY OF WATERLOO, IOWA Mayor City Clerk Contractor BY: Title: gel Cy LLC 42O, OK_G; „0 SC Mclek, Approved by the City Council of the City of Waterloo, Iowa, this day of , 20_, ATTEST: , City Clerk uI p Waterloo, Iowa FORM OF CONTRACT Page 4 of 4 Page 329 of 545 Bond No. 190055158 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Cedar Valley Corp., LLC of waterloo, IA (the "Principal"), and Liberty Mutual Insurance Company of Boston, MA (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Four Million Five Hundred Seventy Six Thousand Five Hundred Thirty Eight & 79/100 Dollars ($ 4,576,538.79 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of FY 2024 Broadway Street Reconstruction Project in the City of Waterloo, Iowa; Contract No. 1095 . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to Tess than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. PEFORMANCE BOND Page 1 of 2 Page 330 of 545 If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL Cedar Valley Corp., LLC Name By: Title: ,A,L c v /P SURETY Liberty Mutual Insurance Company Narne [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PEFORMANCE BOND Page 2 of 2 Page 331 of 545 Liberty .Mutual SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated, Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8210368-190056 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the `Companies'}, pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Anne Cromer; Brian M. Deirnerly, Cindy Bennett; Craig E. Hansen; Dione R. Young; Jay D. Freiennuth; John Cord; Kate Zanders; Sara Huston; Seth D. Rooker; Tim 1btcCutloh all of the city of Waukee state of IA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and at undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of June , 2023 . By: State of PENNSYLVANIA County ofMONTGOMERY ss On this 6th day of June , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Csseeity Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. c,P Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company OP 14)- PC1Q'i Commonweal/lot Pennsylvania - Notary Seal Teresa Pastels, Notary Pnbrtc Montgomery County My corrvnissian expires March 28, 2025 Commission number 1128044 Member, Pennsylvania Association of Notaries By: David M. Carey, Assistant Secretary erase Pazle�la. Notary PUGNc eresa Pastella, Notary Pubilc This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acing pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization-- By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be vatid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of (he Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my band and affixed the seals of said Companies this day of , 2024 . By C Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC MuIB Co 02121 Page 332 of 545 Bond No. 190055158 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Cedar Valley Corp., LLC (Name of Contractor) 2637 Wagner Road Waterloo, IA 50703 (Address of Contractor) a Corporation , hereinafter called Principal, and, (Corporation, Partnership or Individual) Liberty Mutual Insurance Company (Name of Surety) 175 Berkeley Street Boston, MA 02116 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo, Iowa (Name of Owner) 715 Mulberry Street Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Four Million Five Hundred Seventy Six Thousand Five Hundred Thirty Eight & 791100 Dollars,($4,576,538.79 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of: FY 2024 Broadway Street Reconstruction Project in the City of Waterloo, Iowa; Contract No. 1095 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PAYMENT BOND Page 1 of 2 Page 333 of 545 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in Three(3) (number) shall be deemed an original, this the day of ATTEST: I VOWLVA Cy` . LUC. (Principal) Secretary (SEAL) Witnessas to Principal 2l1;1 Wr1N}r IgoAd (Address) ATT s to Surety Sara Huston 2727 Grand Prairie Parkway (Address) Waukee, IA 50263 counterparts, each one of which, Cedar Valley Corp., LLC 20 . (Principal) By: 2637 Wagner Road (s) (Address) Waterloo, IA 50703 Liberty Mutual Insurance Company By: _ y _ �il/✓iQi(iU,/ in -Fact Kato Zanders 2727 Grand Prairie Parkway (Address) Waukee, IA 50263 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PAYMENT BOND Page 2 of 2 Page 334 of 545 Liberty - Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8210360-190056 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American insurance Company is a corporation duly organized under the laws of the State of Indiana {herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Anne Crowner; Brian M. Deimerly, Cindy Bennett; Craig E. Hansen; Dione R. Young; Jay D. Freiermuth; John Cord; Kate Zanders; Sara Huston; Seth D. Rooker; Tim MWCul loh all of the city of Waukee state of IA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and at undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or offidal of the Companies and the corporate seals of the Companies have been affixed thereto this 6th. day of June , 2023 . By: State of PENNSYLVANIA County of MONTGOMERY ss On this 6th day of June , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument tor the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Commonwealth or Pennsylvania - Notary Seal Teresa Pastelta, Notary Put& Montgomery County My canxnission expires March 28, 2025 Commission number 1126044 Member, Penny aanta Association or Notaries By: David M. Carey, Assistant Secretary ip,„„) ittew eresa Paslella. Notary Public eresa Pastelia, Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject 10 the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acing pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of , 2024 . By: • G • Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 .c U c4 •- d U 4) 4)0 0 CO rl 0 9— C lB 6 0) w Q`o CD N tb- co om CL co c0 so U 0 0) .Q try te LL. 0- Page 335 of 545 7 ACoRp CERTIFICATE OF LIABILITY INSURANCE PATE (tfMlDOlYYYY} 3/11 /2024 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 Holmes Murphy & Associates 2727 Grand Prairie Parkway Waukee IA 50263 CNAAME: Kelli DeVries PHONE No EXt): 319-896-7661 1 FAX NO E- A ADDRESS: kdevries©holmesnlurphy.com INSURER_(5) AFFORDING COVERAGE I NAIC # INSURER A: Phoenix Insurance Company ' 25623 INSURED cEDVALPC4 Cedar Valley Corp., LLC 2637 Wagner Road Waterloo, IA 50703 INSURER a i Travelers Property Casualty Ins Co ; 36161 INSURER c;Wes t Bend Mutual Insurance Company 15350 INSURER P: INSURER E : INSURER F • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR i 1ADDLISUBR ; TYPE OF INSURANCE INSD I WVP I POLICY EFF 1 POLICY EXP POLICY NUMBER I Ih7MlO0lYYYY) _ (R 000''VY) LIMITSLTR A X 1 COMMERCIAL GENERAL LIABILITY Y DTC03K475315PHX23 12/112023 1 12/1/2024 EACH OCCURRENCE 151.000,000 i 1 DAMAGE TO RENTED PREMISES pa occurrence) I $ 500,000 I X } J CLAIMS -MADE I J OCCUR X 11,000 I MED EXP (Any one person) I S 10,000 PERSONAL &ADV INJURY I S 1,000,000 E I GENERAL AGGREGATE $2,000,000 GENT. AGGREGATE POLICY ? X jPCOT- j LOC OTHER' l I I PRODUCTS - COMP/OP AGO $ 2,000,000 i 15 A �__� AUTOMOBILE X ' r........ - . LIABILITY ANY AUTO OWNED r- AUTOS ONLY I HIRED AUTOS ONLY 1__...... SCHEDULED AUTOS NON -OWNED AUTOS ONLY i ] 1 I I 8101L1170832326G 12/1/2023 12/1/2024 COMBINED SINGLE LIMIT I$1,000,000 (Ea accident)I} 1 BODILY INJURY (Per person) $ i BODILY INJURY (Peraccidengj 5 j PROPERTY DAMAGE (Per accdent 1 $ { 5 F3 1 X UMBRELLA LIAR EXCESS LIAB : X '; OCCUR �I CLAIMS -MADE 1 ' { CUP3K5758122326 12/1/2023 12/1/2024 EACH OCCURRENCE ` $ 10A00,000 � i I AGGREGATE 1.5 10,000,000 ..--- 7 I $ DED I X I RETENTIONS 1flDlf1 ( C E IAND j 1(Mandatory WORKERS COMPENSATION EMPLOYERS' LIABILITY OFFICEANYPROPRiETORIPARTNERIEXECUTIVE OFFICERNEnNil) XCLUD£D? In NW If yes, describe under YfN IJ 1 ` i [ N) A 1 _. A828488 12/1/2023 ; I 12/1/2024 PEF2 X 1 STATUTE _...[ROTH E.L. EACH ACCIDENT F.L.DISEASE EA EMPLOYEE, E.L. DISEASE - POLICY I I $ 500 000 -r - 1 $ 500,000 LIMIT $ 500,000 I I i DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached ii more space is required) The City of,Waterluo, Iowa is an Additional Insured on General Liability as required by written contract with the insured, per policy terms and conditions. CERTIFICATE HOLDER CANCELLATIO City of Waterloo, Iowa 715 Mulberry Street Waterloo IA 50703 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE Page 336 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department AGENDA ITEM TITLE MEETING DATE March 18, 2024 FY 2024 Kingsley Avenue Reconstruction Project, Contract No. 1100. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Bid Tab FY 2024 Kingsley Avenue Reconstruction Project, Contract No. 1100 2. J24100 FY 2024 Kingsley Ave Recon Contract 3. Peterson Contractors Inc. COI for City of Waterloo Page 337 of 545 4. J24100 P&P Bonds Page 338 of 545 FY 2024 Kingsley Avenue Reconstruction Project, Contract No. 1100 March 7, 2024 Bid Tab Estimate: Base Bid $900,000.00 Bidder Bid Security Bid Amount Vieth Construction, Corp. Cedar Falls, IA o 5 /o $697,118.45 Owen Contracting, Inc. Cedar Falls, IA o 5 /o $658,598.90 Lodge Construction, Inc. Clarksville, IA 5% $675,545.06 Peterson Contractors, Inc. Reinbeck, IA 5% $631,152.55 Boomerang Corp. Anamosa, IA o 5 /o $764,955.37 Page 339 of 545 FORM OF CONTRACT FOR THE CONSTRUCTION OF F.Y. 2024 KINGSLEY AVENUE RECONSTRUCTION PROJECT CITY OF WATERLOO, IOWA CONTRACT NO. 1100 This contract made and entered into this day of , 20_, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and PETERSON CONTRACTORS, INC., of REINBECK, IOWA, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 Contractor agrees to build and construct the FY 2024 KINGSLEY AVENUE RECONSTRUCTION PROJECT, CONTRACT NO. 1100 and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before AUGUST 16, 2024, unless an extension of time is granted in writing by the Council of the City. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. FORM OF CONTRACT Page 1 of 4 Page 340 of 545 PAR. 7 PAR. 8 PAR. 9 PAR. 10 PAR. 11 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 PAR. 14 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor FORM OF CONTRACT Page 2 of 4 Page 341 of 545 PAR. 15 PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $631,152.55. After the completion of said work, the Contractor agrees to remove all debris and clean-up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT Page 3 of 4 Page 342 of 545 CITY OF WATERLOO, IOWA Mayor City Clerk Contrac Title: PETERSON CONTRACTORS INC. B'Yz coffigs eterspri Approved by the City Council of the City of Waterloo, Iowa, this day of , 20. ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT Page 4 of 4 Page 343 of 545 PETECON-02 PATRA3 '4cL Ro CERTIFICATE OF LIABILITY INSURANCE �� DATD/YYYY) 3/12/212/2024 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 Highstreet Insurance 302 Main St Cedar Falls, IA 50613 CONTACT Zach Counsel! NAME: PHONE FAX (A/C, No, Ext): (319) 874-4242 (A/C, No): ADDRESS: zach.counsell@highstreetins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Greenwich Insurance Company 22322 INSURED Peterson Contractors, Inc. Reinbeck Motors Company, Inc. PO Box A/104 Blackhawk St Reinbeck, IA 50669 INSURER B : National Fire & Marine 20079 INSURER C : XL Specialty Insurance Company 37885 INSURER D : Zurich American Ins Co 16535 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 CGD745990203 7/1/2023 7/1/2024 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR PREMES PREMI ISET((EaRENTEDoccurrence) $ 100,000 X Blanket Contractual MED EXP (Any one person) $ 10,000 X XCU Coverage PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES PRO-- X PER: LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUUTOS ONLY CAS745990303 7/1/2023 7/1/2024 COMBINED SINGLE LIMIT (Ea accident) 2,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY a E accident) DAMAGE $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 42-XSF-100514-06 7/1/2023 7/1/2024 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENTION $ $ C 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 N / A CWD745990103 7/1/2023 7/1/2024 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ D D Rent/Leased Equipmen Cargo CPP9267064-12 CPP9267064-12 7/1/2023 7/1/2023 7/1/2024 7/1/2024 Leased/Rented Equipm Cargo 5,000,000 2,500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: J24100, Project #1100, FY 2024 Kingsley Avenue Reconstruction, Waterloo, IA. The City of Waterloo is included as Additional Insured on the General Liability. 30 day notice of cancellation applies per written contract. CERTIFICATE HOLDER CANCELLATION Cityof Waterloo 715 Mulberry Street Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE * ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 344 of 545 POLICY NUMBER: CGD745990202 COMMERCIAL GENERAL LIABILITY CG20101219 Effective THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE"OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. VARIOUS AS REQUIRED PER WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 Page 345 of 545 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 O Insurance Services Office, Inc., 2018 CG20101219 Page 346 of 545 POLICY NUMBER: CGD745990202 COMMERCIAL GENERAL LIABILITY Effective CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Location And Description Of Completed Operations VARIOUS AS REQUIRED PER WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 Page 347 of 545 •JJL100 Bond Number: 107996603 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Peterson Contractors, Inc. of Reinbeck, IA (the `Principal"), and Travelers Casualty and Surety Company of America of Hartford, CT (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of six Hundred Thirty-one Thousand One Hundred Fifty-two & 55/100 Dollars ($ 631,152.55 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of FY 2024 Kingsley Avenue Reconstruction Project in the City of Waterloo, Iowa; Contract No. 1100 . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract, and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Performance Bond Page 1 of 2 Page 348 of 545 Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1 To any extension of time to the Contract in which to perform the Contract. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL Peterson Contractors, Inc. Name By: Title: president SURETY Travelers Casualty and Surety Company of America Name By: Title: Jes [attach Power of Attorney] Performance Bond Page 2 of 2 Page 349 of 545 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 3 of 2 Page 350 of 545 Bond Number: 107996603 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Peterson Contractors, Inc. (Name of Contractor) Reinbeck, IA (Address of Contractor) a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and, Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square Hartford, CT 06183 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo 715 Mulberry Street, Waterloo, IA 50703 (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of * Dollars,($ 631,152.55 Six Hundred Thirty-one Thousand One Hundred Fifty-two & 55/100 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: FY 2024 Kingsley Avenue Reconstruction Project in the City of Waterloo, Iowa; Contract No. 1100 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or Page 351 of 545 used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in three(3) counterparts, each one of (number) which shall be deemed an original, this the day of 2024 ATTEST: Peterson Contractors, Inc. (SEAL) By Witness as to Principal P.O. Box A (Address) Reinbeck, IA 50669 Witness as to Surety Bailey Beach Principal P.O. Box A (Address) Reinbeck, IA 50669 Travelers Casualty and Sure ompany of America Suret By ney-in-Fact J e Allen, Attorney -in -Fact Holmes Mu • h and Associates LLC (Address) 2727 Grand Prairie Parkway Waukee, IA 50263 2727 Grand Prairie Parkway Waukee, IA 50263 (Address) Page 352 of 545 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Page 353 of 545 TRAVELERS J Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Jessie Allen of SIOUX FALLS , South Dakota , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. State of Connecticut By: City of Hartford ss. Robert L. Rane ` enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of 2024 Kevin E. Hughes, Assistant To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. Page 354 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department AGENDA ITEM TITLE FY 2024 Asphalt Overlay Program, Contract No. 1099. RECOMMENDED COUNCIL ACTION MEETING DATE March 18, 2024 SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Aspro, Inc 2. Bid Tab FY 2024 Asphalt Overlay Program, Contract No. 1099 Page 355 of 545 Aspro, Inc PO Box 2620 Waterloo, IA 50704 319-232-6537 FY 2024 ASPHALT OVERLAY PROGRAM CONTRACT NO 1099 CITY OF WATERLOO, IOWA BID DUE: MARCH 14, 2024 1:00 pm Page 356 of 545 1 BID S ECUR.ITY ti Page 357 of 545 FOR1VI OF BID OR PROPOSAL FY 2024 ASPHALT OVERLAY PROGi2A.NI CONTRACT NO. 1099 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of IOWA a Partnership consisting of the following partners: N/A _ , having fami liarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this F.Y. 2024 ASPHALT OVERLAY PROGRAM, Contract No. 1099, all in accordance with the above -listed documents and for the unit prices for work in place for the foliowing items and quantities: FY 2024 ASPHALT OVERLAY PROGRAM CONTRACT N011099 1 ITEM BID SPECIFICATION SUPPLEMENTAL SUDAS * SEE DESCRIPTION UNIT TOTAL EST QTY UNIT PRICE BID TOTAL PRICE BID DIVISION 1 - GENERAL PROVISIONS AND COVENANTS 1 1070-302 RAILROAD CANADIAN PROTECTION NATIONAL INSURANCE RAILROAD - LS 1.0 $ $ SUBTOTAL GENERAL PROVISIONS AND COVENANTS = $ DIVISION 2 - EARTHWORK 2 2010-108-E * I CLASS 10 EXCAVATION SF 8823O $ $ SUBTOTAL EARTHWORK = $ DIVISION APPURTANCES 5 - WATER MAINS AND 3 SEE EST. REF. CONVERT WATER MANHOLE TO ROADBOX EACH 21.0 $ $ SUBTOTAL WATER MAINS AND APPURTANCES = $ DIVISION SANITARY 6 - AND STRUCTURES FOR STORM SEWERS INTAKE, SW-501 EACH 5.0 $ $ 4 5010-108-B INTAKE, SW-507 EACH 3.0 S $ 5 6010-108-B SANITARY MANHOLE ADJUSTMENT, MINOR EACH 11.0 6 60i0-108E4 " FORM OF BID CONTRACT NO. 1099 of Page 358 of 545 7 6010-108-E4 * STORM MANHOLE ADJUSTMENT, MINOR EACH 24,0$ $ 8 SEE EST. REF. i STORM RISER RING MANHOLE ADJUSTMENT, MANHOLE EACH 1.0 $ $ 9 SEE EST, REF. TRAFFIC HANDHOLE ADJUSTMENT, MINOR EACH 1.0 10 SEE EST. REF. II INTAKE ADJUSTMENT, RISER, SW-501 EACH 1.0 $ $ 11 601O-108E2 * INTAKE ADJUSTMENT, MINOR, SW-501 EACH 3.0 $ $ 12 6010-108-E-2 * INTAKE TYPE Q ADJUSTMENT, GRATE MINOR, SW-501, EACH 1.0 $ I $ 13 6OlO408E2 * INTAKE TYPE SGRATE ADJUSTMENT, MINOR, SW501, EACH 1.0 $ $ 14 6010-108-E-2 * i INTAKE ADJUSTMENT, MINOR, SW-507 EACH I 5.0 $ $ 15 6010-108-E-2 * INTAKE ADJUSTMENTJ MINOR, 5W-509 EACH 2.0 $ ' $ 16 SEE EST. REF. INTAKE, TOP REPAIR, 5W507 OR SW-509 EACH 7.0 $ $ 17 SEE EST. REF. INTAKE, TOP REPAIR, SW545 EACH 4.0 $ $ 18 6010-1084-1 REMOVE INTAKE EACH 8.0 $ $ SUBTOTAL STRUCTURES FOR SANITARY AND SEWERS = $ STORM DIVISION 7 - STREETS WORK AND RELATED 19 7010408-E CURB DEPTH, & GUTTER, FCC, 24-INiCH WIDE, 8-INCH LF 4434 C-4 20 7010-108-E CURB DEPTH, & GUTTER, PCC, 24INCH WIDE, 9.5-INCH LF 3610 $ $ C-4 21 7010408-E CURB DEPTH, & GUTTER, FCC, 24-fNCH WIDE, 1O.51NCH LF 632.6 $ I $ C-4 22 7010-108-E CURB DEPTH, & GUTTER, PCC, 24-INCH WIDE, 11-INCH LF 97.0 $ $ C-4 23 7010-108-E CURB DEPTH, & GUTTER, PCC, 24-INCH WIDE, 11.5-1NCH LF 263.0 $ $ ' C-4 24 7010-108-G * CONCRETE MEDIAN, 6-INCH DEPTH SF 736.0 $ $ 25 7020408-A PAVEMENT, SURFACE, 1/2", HMA, HIGH PG 58-28H, TRAFFIC NO (HT) FRICTION TON 10,260.0 $ $ 26 7O2O-1O8A PAVEMENT, PG5834E_______ HMA, INTERLAYER BASE, 3/8", TON 2,942.0 $ $ 27 7020408A HMA PAVEMENT SAMPLES AND TESTING 1 LSto $ � $ SIDEWALKS, DRIVEWAYS SHARED USE PATHS AND 28 7030-108-A-1* REMOVAL Of SIDEWALK SF 11,993.0 $ $ 29 7O30-108A-3 * REMOVAL OF DRIVEWAY SF 378.0 $ $ FORM OF BID CONTRACT NO. a. 1099 Page 2 of 5 Page 359 of 545 30 7030408-E * SIDEWALK, PCC, 4 INCH, C-4 SF 5,517.0 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 7030-108-E IA DOT SPEC. 2312 7040408-A 7040-108-A 7040-108-A 7040408-A 7040-1O8C SEE EST. REF. 7040-1O8-G IA DOT SPEC 2214 7040408-H 7040408-H 7040-1084 • 8O20-1O8B SIDEWALK, PCC, 6 INCH, C-4 SIDEWALK, PCC, 8 INCH, C-4 DETECTABLE WARNINGS DRIVEWAY, PAVED, PCC, 6 INCH, C-4 DRIVEWAY, PAVED, PCC, 6 INCH, M-4 GRANULAR SURFACING, 4-INCH DEPTH PAVEIYIENT RE HBILIT T I ON PAVEMENT, PCC, 9-NCH, C-4 PAVEMENT, HMA, 4-INCH, MISC. FULL DEPTH PATCHES, 95-NCH DEPTH, PCC, C-4 FULL DEPTH PATCHES, 1O5-I NCH DEPTH, PCC, C-4 PARTIAL DEPTH PATCHES PARTIAL DEPTH CRACK REPAIR MILL WEDGE PAVEMENT SCARIFICATION PAVEMENT REMOVAL MEDIAN CAP REMOVAL CURB AND GUTTER REMOVAL SF SF SF SF SF SF 6,432.0 207+0 1,160o 2250 153.0 13L0 S S 5 S S S S 5 S 5 SF SF SF EACH SY SF SF LF 7,50O0 10,400.0 1,210.0 13.0 55,227.0 120.0 736O 1,797.0 SUBTOTAL STREETS AND RELATED WORK DIVISION - PAVEMEN T MARKINGS AND TRAFFIC CONTROL PAVEMENT MARKINGS PAINTED PAVEMENT MARKINGS, SOLVENT/WATE RBOURN E 8020-108E * PERMANENT TAPE MARKINGS, THERMOPLASTIC, 24INCH WIDE, WHITE 8O20-108-H PRECUT SYMBOLS & LEGENDS, THERMOPLASTIC TRAFFIC CONTROL 8030-108-A STA LF EACH TEMPORARY TRAFFIC CONTROL LS 411.15 5740 33.0 1.0 S S 5 5 S S S 5 S S S S S S S S S S S S 5 S S S S S S FORM OF BID CONTRACT NO. 1099 Page 3 of 5 Page 360 of 545 SUBTOTAL PAVEMENT MARKINGS AND TRAFFIC CONTROL = , DIVISION LANDSCAPING 9 - SITE WORK AND SEEDING 52 9010-108-B * HYDRAULIC ANDMULCHINGTYPE1 SEEDING, SEEDING, FERflLIZNG SF 2,197.0 $ $ SUBTOTAL SITE WORI< AND LANDSCAPING = DIVISION 11 - MISCELLANEOUS 53 11O2O408A MOBILIZATION LS 1.0 $ $ SUBTOTAL MISCELLANEOUS = TOTAL BID $ �i 319) 9 33 ` 9k0 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of 5% OF BID Dollars ($ N/A ) in the farm of BID BOND INSTRUCTIONS TO BIDDERS. 1 is submitted herewith in accordance with the 5, Attached hereto is aNon-Collusion Affidavit of Prime Contractor, b. Attached hereto is a Bidder Status Farm. 7. The biddei is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Stibeontractor(s), which have performed an aggregate of $1O,000EOO in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the did submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. ' Date M4612-14 10. The bidder shall list the MBE[WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre -bid Contact Infomation Form submitted with this Form of Bid or Proposal. The FORM OF BID CONTRACT NO. 1099 Page 4 of 5 Page 361 of 545 apparent k.v Bidder shall submit a fist of all other Subconti'actor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day foliowing the day i3ids on this Project are due along with the NomCollusion Affidavits of All Subcontractor(s). The Contractor shall submit inforrnation on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal andlor submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City off-Waterlao does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfihl their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. ASFROI I C. MARCH 14 2024 der) (Dade) BY: Official Address: (Including Zip Code): Titic VICE PRESIDENT 3613 TEXAS ST; PO BOX 2620 WATERLOO, IA 50704 I.R.S. No. 42-1O11512 FORM OF BID CONTRACT NO. 1099 Page 5 of 5 Page 362 of 545 FORM OF BID OR PROPOSAL F. Y. 2024 ASPHALT OVERLAY PROGRAM CONTRACT NO. 1099 CITY OF WATERLOOr r IOWA BID ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE BID TOTAL PRICE BID 1 RAILROAD PROTECT INS.-CANAD1AN NA LS 1.0 000.00 ,000.00 . CLASS 10 EXCAVATION F 8 823.00 $4.00 $35 292.00 CONVERT WATER H TO ROADBOX EACH 6.00 $950.00 ,700,00 INTAKE, SW-501 EACH 5.00 750.00 $33750.00 5 INTAKE, SW-507 EACH 3.00 8 000.00 4,000.00 6 SANITARY Y I H ADJUSTMENT, MINOR EACH 11.00 ,000.00 }O00.00 STORM MH ADJUSTMENT, MINOR EACH 25.00 $1 975,00 4 , 375.00 8 STORM MH ADJUSTMENT, MH RISER EF RI EACH 1 . 9 TRAFFIC AFFI HANDHOLE ADJUST., MINOR EACH 10 1 i K I I , I , - EACH 11 NTAKE ADJUSTMENT, MINOR, SW-501 ' H 12 NTAKE ADJ., MINOR, SW-501, TYPE ID EACH 18 NTAKE ADJ., MINOR, SW-501, TYPE S EACH 14 NTAKE ADJUSTMENT, MINOR, - 07 EACH 0 4 , 00.00 15 NTAKE ADJUSTMENT, MINOR, SW-509 0 EACH .00 , $10,4 0.00 16 NTAKE, TOP REPAIR, 1 - 0 7 OR SW-50 EACH $25,550.00 17 NTAKE, E, TOP REPAIR, EACH . , . 1 , 80 0.00 18 REMOVE INTAKE EACH 8.00 , 1 f 00, 0 19 CURB & GUTTER, 4", 8", PCC, -4 LF $24,165.30 20 CURB & GUTTER, 4", . ", PCC, -4 LF $20,396.50 21 CURB & GUTTER, 4", 10. ", PCC, -4 LF $37,537.60 22 CURB & GUTTER, 4", 11", PCC, C-4 LF _ $5,626.00 23 CURB & GUTTER, 4", 11. ", PCC, -4 LF $15,648.50 24 CONCRETE MEDIAN. 6" DEPTH SF $6.76 $4,968.00 25 HMA, HT, SURFACE, 11 ", PG 58-28H TON 10, .00 14 .40 $1,532,844.00 26 HMA, IA, I TERLAYE R BASE, 18", PG 8- 4 : TON $173.00 S508,966.00 27 HMA PAVEMENT SAMPLES & TESTING LS 1100 , 00.00 $8,500.C10 28 REMOVAL OF SIDEWALK SF 11, .00 . 0 $27,583.90 29 REMOVAL OF DRIVEWAY SF $2,40 $907.20 30 SIDEWALK, PCC, 4 INCH, -4 SF $6.50 $35,860,50 31 SIDEWALK, PCC, 6 INCH, -4 SF $7.00 $45,024.00 32 SIDEWALK, , PCC, 8 INCH, -4 SF $7.50 $1,552.50 33 DETECTABLE WARNINGS F $65.00 $75,400.00 34 DRIVEWAY, PAVED, PCC, 6 INCH, -4 SF 225.00 $7.00 $1,575.00 35 DRIVEWAY, PAVED, PCC, 6 INCH, M-4 SF 153,00 $7.00 1,071.00 36 GRANULAR URFA IN , 4 INCH DEPTH SF 131.00 $3.00 $393.00 PAVEMENT, FCC, 9 INCH, -4 SF 226.00 MOO $1,808,00 38 PAVEMENT, HMA, 4 INCH, MISC. SF 105.00 $7.00 $735.00 39 FULL DEPTH PATCHES, , ", PCC, -4 SF 225.00 $16.00 $3,375.00 40 FULL DEPTH PATCHES, 9 PCC/3" HMA SF 7, 00.00 .40 $175,500.00 41 PARTIAL DEPTH PATCHES SF 10,400.00 $15.50 $1 1, 0 .00 42 PARTIAL L DEPTH CRACK REPAIR I - F 1210.00 $15.25 $18,452.50 43 MALL WEDGE EACH 13 .00 ,250400 $42,250.00 44 PAVEMENT SCARIFICATION SY 7.00 S8.00 $441,816,00 45 PAVEMENT REMOVAL SF 120.00 $3.00 0 00 46 MEDIAN CAP REMOVAL F 736.00 $2.25 $1 k656.00 47 CURB AND GUTTER REMOVAL OVAL LF 1811.60 $26.50 4 ,007.40 48 PAINTED PAVEMENT MARKINGS, , WATE STA 411.15 0.00 7,00 . 0 49 PERM. TAPE MARKINGS, THE# MO., 4" LF 574.00 $35.00 0a0 0.00 50 PRECUT SYMBOLS, THERMOPLASTIC EACH 33.00 $700.00 3 100.00 51 TEMPORARY F ARY TRAFFIC CONTROL LS 1.00 ,500. 0 , 00.00 62 HYDRAULIC SEED , FERTILIZE MULCH BF 2197.00 $2,00 4,394.00 53 MOBILIZATION LS 1.00 1 1,500.00 1 1, 00.00 4 REM/REP STEEL BEAM GUARDRAIL LS 1.00 $5,400.00 ,400.00 TOTAL B I D Brad Slough Official Address: (Including Zip Code) 3613 Texas St.; P. O. Box 2620 Waterloo, Iowa 50704 I.R.S. No. 42-1011512 $3,819,933.40 March 14, 2024 (Date) Titre: Vice President Page 363 of 545 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of IOWA )SS County of BLACK HAWK BRAD BLOUGH ,being first duly sworn, deposes and says that: 1 He is Owner- PaFtRer Officer the Bidder that has submitted the attached Bid; of ASPRO, INC. 2. He is fully -informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid as genuine and is not a collusive or sham Bid: 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix and overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or y of its agents, representatives, owners, employees, or parties in interest, including this afant. Subscribed and sworn to before me this (Signed) VICE PRESIDENT Title day of-1`0\ar c>-, 20)1A bieL3r,): 7\7_,--Nr-,.!--1.1c)i.) r► Gs� Title tNivo% My commission expires +3wmPu‘r� _ �1 , c3 d..m% CHRISTY JOHNSON � COMM(SS1ON MY CO uMY �p EXPIRES L Page 364 of 545 Bidder Status Form • To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following; Yes Yes Yes Yes QNo No QNo QNo Yes QNo My company is authorized to transact business in Iowa. (To help your determine if your company is authorized, please review the worksheet on the next page). My company has an office to transact business in Iowa. My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "Na" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the fallowing addresses: Dates: 07 / 24 /j73_0 CURENT / Address: 3613 TEXAS ST; PO BOX 2620 City, State, Zip: WATERLOO, IA 50704 1 to 1 1 Address: City, State, Zip: Dates: 1 1 to 1 1 Address: You may attach additional sheet(s) if needed. City, State, Zip: Dates:. l To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? Yes 0 No 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) if needed. To be completed by all bidders Part D certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Date: MARCH 14 2024 You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the lowa Labor Commissioner. 309-6001 (O915) Page 365 of 545 MBEIWBE BUSINESS ENTERPRISE PREPIBID CONTACT INFORMATION FORM Prime Contractor Name. ASPRO, INC. Project: F. Y. 2024 ASPHALT OVERLAY PROGRAM Letflng Date: NARCFI 14, 2024 NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBENVBE subcontractors will be use ple ;fie the bottom portion of this form. Contractor Signature: TiUe: VICE PRESIDENT Date: MARCH 14, 2024 SUBCONTRACTORS AFFLICABLE: You are required, in order for your did to be considered responsive, to provide the information on this form showing ALL of your MBEIWBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions may be directed to Contract Compliance Office 319-291- 4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBEIWBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Rudy Jones, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBEIVVBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful Iow bidder made food faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE -BID MBEIWBE BUSINESS ENTERPRISE CONTACTS MBEIWBE Subcontractors DC CORPORATION DANIELS HOME IMPROVEMENT QUICK CONSTRUCTION CO. MARTINE2 CONCRETE, LLC REYES CONSTRUCTION, LLC Dates Contacted 2/22/24 2/22/24 2/22/24 2/22/24 2/22/24 Quotes Yes/No ye? 'Jo �10 Yes Dates Contacted M. Received Quotation used in bid YeslNo yt3 'fr'; ND Dollar Amount Proposed to be Subcontracted II 1,37 5.00 349) 19'LITO Nio4t.so gad 4 (Form CCO-4) Rev. 06-20-02 Page 366 of 545 i UNITED STATES IrJ ere )ate of Receipt. U. h POSTAGE PAID WATERLOO: IA FEB50701 AMOUNT 0000 $2.90 R2305K140246-12 Special Handling Parcel Airlift I 1 40 • 00 L i ■ . 64 .58 . 64 .58 . 64 Postage 0 a TOTAL NO. of Pieces Received at Post OfficeTm I Postmaster, per (name of receiving employee) Vi\C(( Address (fume, Street, City, State, and ZIP Code') DC CORPORATION 426 BEECH ST WATERLOO, IA LS HOME IMPROVEMENT BRISTOL RD WATERLOO, IA 50702 TOTAL NO. of Pieces Listed by Sender 5 Name and Address of Send��r ASPRO, INC. PO BOX 2620 WATERLOO, IA 50704 USPS® Tracking Number Firm -specific identifier 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 I 1 1 I I I I I I I I I I I 1 • a 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I • 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 J 1 1 1 1 1 J d 1 i 1 I t L 1 1 x t 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 i , 1 1 r 1 1 1 1 r 1 1 I 1 1 1 I 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 F r 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 I 1 1 1 1 1 1 f1 1 1 1 1 1 1 1 1 1 1 i P I h 1 1 k Y 1 1 1 1 1 1 1 1 I 1 1 1 r 1 1 1 1 F 1 1 1 F k L 1 1 1Lfl 1 1 1 i 1 I ' . CO9 1 1 I i I I L 1 Y 1 1 1 1 f 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 y I 1 See Reverse for Instructions 0 PS Form 3665, January 2017 (Page Page 367 of 545 BID BONO KNEW ALL MEN BY THESE PRESENTS, that we, Aspro, lnc. as Principal, and Swiss Re Corporate Solutions America Insurance Corporation as Surety are held and firnnly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Five Percent of the Total Amount Bid Dollars ($ 5% lawful money of the United States, for the payment of which sum will and truly made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the air pa in bid dated the 14t I r 2024 for FY 0 4 Asphalt Overlay Program in the Cit of Waterloo, Iowa; Contract No. 1099 NOW, THEREFORE, (a) If said did shall be rejected, or in the alternate. (b) if said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall famish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or Famishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be paid, otherwise the same shall remain in farce and effect; it being expressly understand and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shail be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are cofporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this zlst day of _February A,p, 2024 05fitflA*1 4 rAlt Asp rot Inc. Priipa By ,(Seal) Swiss Re Corporate Solutions America In urarThvor tion By Surety Cindy Bennett (!) Q4tj' orney-in-fact (TWe) Page 368 of 545 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICAINSURANCE CORPORATION("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER MIER INSURANCE RPO TI ('t R : 'PI ") WE TP RT INSURANCE RPO AT I "W I ") GENERAL POWER F ATTORNEY KNOW LL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the its of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Nilissouri, each does hereby make, constitute and appoint: JAY 0. FREI ERMUT I, CILiskIG E. HANSEN, BRIAN NI. Y)LI ICI ERL , CINDY BENNETT, ANNE CROWNER, TIi M McCULLOH, DIONE I . YOUNG, SETH BOOKER, JENNIFER MARINO, J S E PI -I TIER , KATE D R, SARA HUSTON, JOHN CORD LUKAS I-IR DE and JAMIE GIFFORD JOINTLY TL R SEVERALLY Its true and lawful ttorne s -in-Fat, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as ur ty, on contracts of suretyship as are or may be required or permitted by law, regulation, ontract or otherwise, provided that no bond or undertaking, or contract or suretyship executed under this authority shall exceed the amount of: ONE LIUNDRED TWENTY FIVE MILLION ($125,000,000,00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 201 1 "RESOLVED, that any tyro of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary y or any Assistant Secretary be, and each r■ any of therm hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of therm hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation* and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any erti f cat relating theyeto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be b ind in E ion the Corporation when so affixed d and in the future with r aard to anv bond, undertaking or contract of surety to which it is attached. Am% 1„6 P is �f f ■ v / i t40 M �0 1 97 3,,\ ei),F •4-foss 0 ‘:11-0,,N$ egel‘,045 PRE, iffs#f E2 * ice;ti21/41.1r<11:4 EAL.: Mt ■ $w �d:4 -CV 4 11‘7" S V(1:0 ; if:VVI t \ Erik Janssens, Senior Vice President of SRCSA IC & Senior Vice President of SRCSPIC & Seniiar hire President ()cWIc By Gerald Jagrowski, Vice President of SRCSAIC & Vice President of 5RC PIC & Vice President of WIC IN WITNESS HE E F, SRCSAIC, SRCSPIC, and WIC have ris their official seals to be hereunto flied# and these presents to be signed by their authorized officers this tad (la ! of FEBRUARY Y 4 State of Illinois County of Cook ss Swiss Re Corporate Solutions America Insurance Corporation Swiss or{por*ate Solutions Premier Insurance Corpor tion Westport Insurance Co ror'at ion On this 2nd day of FEBRUARY 20 4 before me, a Notmy Public personally eared Erik Janssens , Senior Vice President of SRCSATC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and eral!_Jarowsi , Vice President of SRCSAICand Vice President of SPCSPIC and Vice President of WIC, personally known to tote, who being by Ilse duty sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged aid instrument to be the voluntary act and deed of their respective companies. Nomatett ovhetaly I; Jeffrey_ the duly elected Senior Vice President and Assistant Seeretar f SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC [Ind WIC, which is still in full force and effect. IN WITNESS HP RE F, I have set my hand and affixed the seals of the Companies this l t day of February 20 24 Jeffrey Goldberg, Senior Vice President Assistant Secretaly of SRCSAIC and SRCSPIC and WIC Page 369 of 545 FY 2024 Asphalt Overlay Program, Contract No. 1099 Bid Tab: March 14, 2024 Engineer's Estimate: $4,300,000.00 Bidder Bid Security Bid Amount Aspro, Inc. Waterloo, IA 5% $3,819,933.40 Page 370 of 545 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with AECOM, of Waterloo, Iowa, in the amount of $122,000.00, in conjunction with the FY 2024 Sergeant Road Trail Repairs Project, Contract No. 1091, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Scope and Fee estimate for the Sergeant Road Trail repair project. The scope includes limited design, environmental review, and construction related services. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 371 of 545 1. Wat Sergeant Road Trail Repairs Page 372 of 545 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com SERGEANT ROAD TRAIL REPAIRS PHASE I AND PHASE II PHASE I — LIMITED DESIGN SERVICES INCLUDING HYDROLOGIC AND HYDRAULIC ANALYSIS AND PERMITTING ASSISTANCE PHASE II - CONSTRUCTION RELATED SERVICES (CRS) CITY OF WATERLOO TAP-U-8155()--8I-07 City Contract No. 1091 PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two- year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re - perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials Page 373 of 545 AECOM Page 2 or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; Page 374 of 545 AECOM Page 3 (b) Commercial General Liability including third party Bodily Injury and Property Damage Liability and Contractual Liability insurance in a limit of One Million Dollars ($1,000,000) each occurrence and in the aggregate. (c) Business Auto Liability Insurance (owned, non -owned or hired) in a combined single limit of One Million Dollars ($1,000,000). ATS agrees to include CLIENT as Additional Insured on the Commercial General Liability and Business Auto Liability policies, but only to the extent of ATS's negligence under this agreement and only to the extent of the insurance limits specified herein. (d) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above -described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non -renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not -to -exceed fee of One Hundred Twenty -Two Thousand Dollars ($122,000.00). ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Page 375 of 545 AECOM Page 4 Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third -party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Page 376 of 545 AECOM Page 5 Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. Page 377 of 545 AECOM XIV. MISCELLANEOUS Page 6 (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third -party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM TECHNICAL SERVICES, INC. By: By: Printed Name: Title: Date: eeeP) Quentin Hart Printed Name: Douglas W. Schindel, P.E Mayor Title: Date: Vice President 3/6/2024 Page 378 of 545 SCOPE OF SERVICES SERGEANT ROAD TRAIL REPAIRS PHASE I AND PHASE II PHASE I — LIMITED DESIGN SERVICES INCLUDING HYDROLOGIC AND HYDRAULIC ANALYSIS AND PERMITTING ASSISTANCE PHASE II — CONSTRUCTION -RELATED SERVICES (CRS) CITY OF WATERLOO TAP-U-8155()--8I-07 City Contract No. 1091 A. PROJECT DESCRIPTION The project consists of the removal and replacement of six Sergeant Road trail drainage structures located at various locations between Shaulis Road and Ansborough Avenue. The City of Waterloo will be completing the design plans for each of the trail crossings and AECOM will be completing the hydrologic and hydraulic (H&H) analysis, environmental review, regulatory coordination and permitting assistance for the proposed crossings as part of Phase I — Limited Design Services. AECOM will also complete Phase II — Construction -Related Services (CRS) during project construction. See the map below for drainage structure locations. Page 379 of 545 B. SCOPE OF SERVICES The Scope of Services will encompass and include detailed work, services, materials, equipment, personnel and supplies necessary to complete work in two phases. Phase I will include H&H design, environmental review, regulatory coordination, preparation of regulatory permitting applications, design coordination and project administration. Phase II will include construction staking, field review, materials testing and contract administration. The Scope of Services is further defined by the following tasks: Phase I — Limited Design Services (Task 1-10) Hydrologic and Hydraulic Design (Task 1-6). These tasks will include drainage area delineations using Lidar Contours, flow determinations for 2-year to 500-year events, hydraulic modeling utilizing single structure modeling software (Iowa DOT bridge and culvert backwater modeling, Bentley Culvert Master Modeling) for existing and proposed structures. These tasks will also include development of an H&H modeling technical report that will provide hydraulic information and scour recommendations that can be included in the City of Waterloo's construction plan set. The following tasks lead to the completion of the Hydrologic and Hydraulic Design: Task 1 - Drainage Area Delineation for 6 Structure Crossings Task 2 - Flow Determinations for 2-year to 500-year Events Task 3 - Hydraulic Modeling/Sizing Determinations Task 4 - H&H Technical Report Task 5 - Design Plan Coordination Task 6 - Quality Control Review Environmental Services (Task 7). This task includes an on -site assessment of environmentally sensitive natural features including wetland boundary delineation, stream assessments, threatened and endangered species habitat assessment, Endangered Species Act (ESA) compliance assistance and stream mitigation calculations, if required. A final report will be prepared documenting the findings. This task will be completed by Stantec Consulting Services, Inc. (Stantec): Task 7 - Environmental Review (Stantec) Project Administration, Regulatory Permitting, and Project Meetings (Tasks 8-10). These tasks include project administration and coordination throughout the project development. These tasks will include design team meetings, preparation of permit applications (USACE Section 404) and Project Administration. The following tasks are included: Task 8 - Project Design Meetings (2 anticipated) Task 9 - Permitting (USACE) Task 10 - Project Administration Page 380 of 545 Phase II — Construction -Related Services (Tasks 11-27) These tasks include construction -related services. Construction -related services include construction staking, on -site field review, materials testing and contract administration during construction of the six trail crossings. The project is anticipated to be constructed in the late Fall of 2024 or the 2025 construction year. The tasks associated with the construction -related services are detailed below: Task 11 - Conduct a preconstruction conference attended by representatives of the Contractor, Client, Consultant and affected utilities. Task 12 - Provide construction staking for horizontal and vertical controls for the project as follows: a. Set Project Control b. Set Stakes for Removals c. Mark Trees for Removal/Clearing and Grubbing Limits d. Set Stakes for Erosion Control e. Set Stakes for 6 Drainage Replacement Structures f. Set Stakes for Trail Reconstruction Task 13 - Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Task 14 - Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Task 15 - Prepare bi-weekly applications for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Task 16 - Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Task 17 - Prepare and assist the Client and Contractor in processing contract change orders. Task 18 - Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. It is anticipated that project field inspection will be part-time for the estimated 60-day construction timeline. Task 19 - Provide weekly SWPPP reviews along with City of Waterloo and contractor personnel, as required by Iowa DNR and City of Waterloo. Task 20 - Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents and advise the Client of any work that should be corrected or rejected. Task 21 - Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Page 381 of 545 Task 22 - Facilitate bi-weekly construction progress meetings of project and complete minutes for each meeting. Task 23 - Participate in a review of the project with the Client and review staff near project completion and prepare a list of items to be completed or corrected. Task 24 - Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. Task 25 - Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project -related documents. Task 26 - Provide the Client with a copy of revised drawings of the construction plans (record drawings) for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Task 27 - Prepare and assist the Client with the final close-out documentation received from the Contractor. Assumptions The following assumptions accompany this scope of services. • The City of Waterloo will provide field survey of the existing structures. • As -built information of the existing structures will be provided by the City of Waterloo. • GIS storm sewer mapping to be provided by the City of Waterloo. • Detailed HEC-RAS modeling will not be required. Exclusions The following items are not included in this scope of services, but could be added in a supplemental agreement, if needed: • Geotechnical lnvestigation • Phase 1 Cultural Resources Investigation • Regulatory Permit Fees • Design Field Survey • Construction Plan Set Design and Specification Development • DOT Bidding Assistance L:\Secure_DCSWdministration\AGREE\PROF\Wat Sergeant Road Trail Repairs.doc Page 382 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving a Development Agreement with Net Worth Investment, LLC, for the construction of a ten unit residential building on an infill lot located east of 2557 West 3rd Street, including a $50,000.00 infill incentive upon substantial completion, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Net Worth Investments, LLC is planning to construct a ten -unit multiple family building located east 2557 West 3rd Street, and the building will have an estimated value of $1,900,000.00. The property is zoned "C-1" Neighborhood Commercial District and the proposed development is a permitted use. The lot was acquired by the developer in July of 2023 by Sheriff's Deed through a property tax sale and all structures on site have been demolished. The new building will utilize existing utilities, such as sewer, water, gas, etc. and there is no need to extend utilities. Each unit will have a two -stall tuck under garage and enough room for two parking spaces in front of each garage. One dwelling requires two parking spaces and 50 percent of those spaces can be represented by garage space and between the garages and outdoor parking, there are a total of 40 parking stalls, exceeding the 20 parking stalls required. The developer also constructed 2557 West 3rd Street just to the west of the property, and this new building will have a townhouse appearance with added amenities such as balconies and two -stall garages, and the garages provide space for inside storage. Each unit will qualify for the $5,000.00 infill housing incentive, totaling $50,000.00 for the entire project and that incentive is paid upon substantial completion of the improvements. NEIGHBORHOOD IMPACT The new building would positively impact the surrounding area, adding a design not yet seen in Waterloo, which has a more compatible residential appearance. DATA, ANALYSIS, AND STRATEGIES The ten units will further contribute to the City's goal of providing more housing. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 383 of 545 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Infill housing incentive, which is paid from Nuisance Abatement Bonds. ALTERNATIVE ACTION LEGAL DESCRIPTION Lot No. 13 in "Lewis Miller's Small Farms," Waterloo, Black Hawk County, Iowa, except the West 20 feet thereof. ATTACHMENTS 1. Development Agreement 2. Building Plans 3. Site Plan 4. Landscaping Plan Page 384 of 545 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, !A 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2024, by and between Net Worth Investments, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct a 10-unit apartment building and related improvements on property it owns in the City of Waterloo. B. City considers infill residential development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Projects (defined below) have been undertaken and are being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Improvements by Company. Company shall construct a single 10-unit apartment building on the real property described on Exhibit "A" attached hereto (the "Property"), completed to a finished state, including installation of driveways and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific building designs and site plans for City review and approval before the commencement of construction and shall not 1 Page 385 of 545 substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely mariner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project." 2. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the incentives provided for in this Agreement, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements within six (6) months after the date of this Agreement (the "Project Start Date"), and construction of Improvements must be Substantially Completed within eighteen (18) months after commencement (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that any Project elements for which no permit was necessary have been Substantially Completed. If Company has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 10, and City shall have no further obligation hereunder with respect to such Project. If construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 10, and City shall have no further obligation hereunder with respect to such Project. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. 3. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 4. Incentives. After the Improvements have been Substantially Completed, Company will be eligible for the following incentives: 2 Page 386 of 545 A. CLURA. Because the Property is located in the City Limits Urban Revitalization Area (CLURA), the Property will be 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. Grants. As provided in the City's inflll housing policy, City will pay Company a grant of $5,000.00 for each apartment unit completed for a total incentive of $50,000.00, payable within ninety (90) days after City has verified that the Improvements have been Substantially Completed. 5. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company agrees during construction of the Improvements to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like companies engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. 6. 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. 3 Page 387 of 545 7. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. S. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 8. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence 4 Page 388 of 545 or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified part. The provisions of this Section shall survive the expiration or termination of this Agreement. 9. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements on the Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; C. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to a Project Site formerly owned by City. D. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished 5 Page 389 of 545 by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 10. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement, in whole or in part. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 11. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 12. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in 6 Page 390 of 545 accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 13. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 14. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 5024 Samantha Circle, Cedar Falls, Iowa 50613, Attention: Andrea McGeough. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 7 Page 391 of 545 17. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 18. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 21. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 22. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA NET WORTH INVESTMENTS, LLC By: By: ( fif Quentin M. Hart, Mayor A drea McGeough Managing Member Attest: Kelley Felchle, City Clerk 8 Page 392 of 545 EXHIBIT "A" Property Description Lot No. 13 in 'Lewis Miller's Small Farms," Waterloo, Black Hawk County, Iowa, except the West 20 feet thereof. 9 Page 393 of 545 yis111111l_111 11.11. 11=1 III IMMII Iw■��I Ni ~I wlt l■I~~ w■IN�N■INN�Iw�INI�I■=womNi wl�l NI�■Iwi■lil�~■i~i■wi■N IMIMM■ MINiNEI li■1■ull ~■�i■I�w I ww�l■I~■ 11. wN�IN�ww�=MI ■ lai INI MIIAM IMI=mmu Ii i===.11111 11111■i■=_MI i■ii%wi ■ EIII. ,iiAN ■ ■A♦i~INNI ~immummom N~ININ ~ sinew ININI~I ~r Nl ~INI■I• N~ I~I■ jor , ■oimmE iumos N I~I IN ~I■�I_I~INNINI■ I NNIM�I�MI■I■IESINNI~'wl ~NINIi..w'N'�. .'�.' 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ADJUSTABLE A.F.F. ABOVE FINISH FLOOR AHU AIR HANDLING UNIT ATG ADJUST TO GRADE A/C AIR CONDITIONER ACC. ACCESSIBLE ACOUS. ACOUSTICAL ACT. ACTUAL AGGR. AL/GL ALT. ALUM. ANCH. ANOD. ASPH. AUTO B.C. B.L. BD. BET. BLDG. BLK. BLKG. BM. BRG. BRK. BRKT. BSMT. BTM. CAB. CANT. C.B. C.C. CER. C.E.T. CG CH. CH CJ CL. CLG. CLO. CMU CNTR CP C.O. COL COMP. CONC. AGGREGATE ALUMINUM & GLASS ALTERNATE ALUMINUM ANCHOR ANODIZED ASPHALT AUTOMATIC BRICK COURSE BORROWLIGHT BOARD BETWEEN BUILDING BLOCK BLOCKING BEAM BEARING BRICK BRACKET BASEMENT BOTTOM CABINET CANTILEVER CATCH BASIN CENTER TO CENTER CERAMIC CURB END TAPOR CORNER GUARD CHORD CEILING HEIGHT CONTROL JOINT CLEAR CEILING CLOSET CONCRETE MASONRY UNIT COUNTER CERAMIC PAVERS CLEAN OUT COLUMN COMPOSITION CONCRETE CONF. CONFERENCE CONFIG. CONFIGURATION CONT. CONTINUOUS CONTR. CONTRACTOR COR. CORNER CORR. CR CSMT. CT CUH D. DBL. D. H. DIA. DIM. D K. DISP. DN. DS DTL. D.U. DW DWG CORRIDOR CARPET CASEMENT CERAMIC TILE CABINET UNIT HEATER DRYER DOUBLE DOUBLE HUNG DIAMETER DIMENSION DECK DISPOSAL DOWN DOWNSPOUT DETAIL DRIVE -UP DISHWASHER DRAWING E EA. EC EIFS EJ ELEV. EMER. ENG. EP EQ. EQUIP. EQUIV. EW EXIST. EXP. EXT. F FI FIA FCG FCU F.D. FDN. FEB FEC FF FH FHC FIN. FIXT. FL. FLR. FP F.P. FS FT FT. FTG. FURN. GA. GALV. G.C. GEN. GL. GR. GRAN. GYP. H.C. HDR. H.M. HORIZ. HP HR. HR HSE. HT. I.D. INC. INSUL. INT. INV. ISOL. JAN. JCT. JT. K.D. KIT. K.S. LAM. LAV. LF LG. LIN. L.I.S. LIV. LP LVL ABBREVIATIONS: EMPLOYEES EACH ELECTRICAL CONTRACTOR EXTERIOR INSULATION FINISH SYSTEM EXPANSION JOINT ELEVATION/ELEVATOR EMERGENCY ENGINEERING ELECTRICAL PANEL EQUAL EQUIPMENT EQUIVALENT EACH WAY EXISTING EXPANSION EXTERIOR FEMALE FACE FRESH AIR FULL HEIGHT CORNER GUARD FAN COIL UNIT FLOOR DRAIN FOUNDATION FIRE EXTINGUISHER BRACKET FIRE EXTIGUISHER CABINET FINISH FLOOR FIRE HYDRANT FIRE HOSE CABINET FINISHED FIXTURE FLOOR FLOOR FIREPROOFING FIREPLACE FULL SIZE FIRE TREATED FOOT/FEET FOOTING FURNACE GAUGE GALVANIZED GENERAL CONTRACTOR GENERAL GLASS GROUND GRANULAR GYPSUM HEATING CONTRACTOR HEADER HOLLOW METAL HORIZONTAL HIGH POINT HOUR HAND RAIL HOUSE HEIGHT INSIDE DIAMETER INCLUDE/INCLUDING INSULATION INTERIOR INVERT ISOLATION JANITOR JUNCTION JOINT KNOCK DOWN KITCHEN KNEE SPACE LAMINATE LAVORATORY LINEAL FEET LONG LINEN LAWN IRRIGATION SYSTEM LIVING LOW POINT LAMINATED VENEER LUMBER M MEN MAS. MASONRY MAX. MAXIMUM M.C. MECHANICAL CONTRACTOR M.E. MATCH EXISTING MECH. MECHANICAL MED. CAB. MEDICINE CABINET MEMB. MFR. M.H. MHO MIN. MISC. MK. ML M.O. MTD. N.I.C. NO. NOM. N.T.S. O.C. 0.D. O.F. O.H. OFF. OPNG. OPP. O.S. PART. PART'N MEMBER MANUFACTURER MAN HOLE MAGNETIC HOLD OPEN MINIMUM MISCELLANEOUS MARK METAL LATH MASONRY OPENING MOUNTED NOT IN CONTRACT NUMBER NOMINAL NOT TO SCALE ON CENTER OUTSIDE DIAMETER OVERFLOW DRAIN OVERHEAD/OPPOSITE HAND OFFICE OPENING OPPOSITE OUTSIDE PARTITION PARTITION PART. BD. PARTICLE BOARD PASS. PB P.C. PICT. PL. P. LAM. PLAS. PLBM. PLWD. PNL. POL. PR. PROJ. PROP. PTB PTD. PTD PUB. PVMT. R. R/A RAD. REC. R.D. REF. REINF. REQ'D. RES. RET. RF. RPH RIO RM. R.O. RTU R/W SAN. S.C. SCHED. SCR SD SECT. PASSAGE PARTICLE BOARD PLUMBING CONTRACTOR PICTURE PLATE PLASTIC LAMINATE PLASTIC PLUMBING PLYWOOD PANEL POLISHED PAIR PROJECTION PROPERTY PLASTER TERMINAL BEAD PAINTED PAPER TOWEL DISPENSER PUBLIC PAVEMENT RADIUS RETURN AIR RADIUS RECESSED ROOF DRAIN REFRIGERATOR/REFERENCE REINFORCED REQUIRED RESCUE RETURN ROOF ROLLED PAPER HOLDER ROUGH -IN ONLY ROOM ROUGH OPENING ROOF TOP UNIT RIGHT OF WAY SANITARY SECURITY EQUIPMENT CONTRACTOR SCHEDULE SHOWER CURTAIN ROD SOUND DEADENING SECTION SGT SHT. SHTG. SIM. SND SPEC. SQ. SS SSCG STD. STER. STRUCTURAL GLAZED TILE SHEET SHEATHING SIMILAR SANITARY NAPKIN DISPOSAL SPECIFICATION SQUARE STAINLESS STEEL STAINLESS STEEL CORNER GUARD STANDARD STERILIZER STL. STEEL STOR. STORAGE STRUCT. STRUCTURAL SUSP. SUSPENDED SV SW BD T T/ TBR TIC T&G TEL. TEMP. THK. THRES. TLT. TRANS. TW/BW TYP. UC U.C. UCR UIP U N EX. UNO U.P. URIN. UTIL. VB VC VIF VTR VENT. VERT. VEST. W W. WI W/O WC WD WD. WDW. W.H. WP WR WSCT. WT. WTG. W.W.M. SHEET VINYL SWITCH BOARD TOILET/TREAD/THERMOSTAT TOP OF TO BE REMOVED TOP OF CONCRETE TONGUE AND GROOVE TELEPHONE TEMPORARY THICK/THICKNESS THRESHOLD TOILET TRANSOM TOP OF WALL/BOTTOM OF WALL TYPICAL UNDERCOUNTER UTILITY CONTRACTOR UNDER COUNTER REFRIGERATOR USE IN PLACE UNEXCAVATED UNLESS NOTED OTHERWISE UTILIPTY POLE URINAL UTILITIES VAPOR BARRIER/VINYL BASE VINYL COMPOSITION VERIFY IN FIELD VENT THROUGH ROOF VENTILATE VERTICAL VESTIBULE WIDE/WOMEN WASHER WITH WITHOUT WATER CLOSET WINDOW DIMENSION WOOD WINDOW WATER HEATER WORK POINT WATER RESISTANT WAINSCOT WEIGHT WAITING WELDED WIRE MESH GENERAL NOTES 1. CONTRACTOR TO VERIFY ALL EXISTING CONDITIONS, DIMENSIONS ETC, PRIOR TO ANY CONSTRUCTION AND SHALL MAKE ANY 'MINOR' REVISIONS NECESSARY AS FIELD CONDITIONS, PERMIT, PROVIDED THE INTENDED PURPOSE OF THE ENTIRE PROJECT AND THE FINAL OUTCOME ARE RETAINED. 2. PRIOR TO SUBMITTING PROPOSALS, BIDDERS SHALL EXAMINE DRAWINGS AND SPECIFICATIONS ON DRAWINGS, MAKE PERSONAL EXAMINATION OF THE SITE AND INFORM THEMSELVES FULLY AS TO ALL EXISTING CONDITIONS AND LIMITATIONS AFFECTING THE WORK AND THEIR PROPOSAL THEREFORE. 3. PROJECT SHALL MEET ALL LOCAL CODES, 2015 IRC, 2015 IFC, 2012 IECC, 2015 IMC, 2015 UPC AND THE 2014 NEC, AND ALL AMENDMENTS TO CODES ADOPTED BY AUTHORITY HAVING JURISDICTION. 4. PERMITS SHALL BE OBTAINED FROM LOCAL GOVERNING AUTHORITY FOR ALL CONSTRUCTION WORK PRIOR TO CONSTRUCTION. 5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DETERMINING THE REQUIRED TYPE AND NUMBER OF INSPECTIONS AND SHALL NOTIFY OFFICIALS WELL IN ADVANCE OF ALL SUCH INSPECTIONS. 6. THE CONTRACTOR IS RESPONSIBLE FOR CONSTRUCTION MEANS, METHODS AND TECHNIQUES OR PROCEDURES AND FOR ALL SAFETY PRECAUTIONS USED ON SITE. 7. THE PLANS ARE FOR GENERAL INFORMATION ONLY, ALL CONTRACTORS SHALL FIELD CHECK ALL DIMENSIONS, LOCATIONS, AND CONDITIONS, ETC. IN THEIR SCOPE OF WORK 8. DO NOT SCALE DRAWINGS, FOLLOW DIMENSIONS AS SHOWN ON PLANS. 9. ANY MATERIAL OR LABOR NEITHER SHOWN ON THE DRAWINGS, NOR SPECIFIED BUT NECESSARY TO COMPLETE THE WORK OF A SIMILAR NATURE SHALL BE FURNINSHED WITHOUT ADDITIONAL COST TO THE OWNER. 10. ALL CONTRACTORS SHALL FOLLOW THE MATERIAL OR EQUIPMENT RECOMMENDED SPECIFICATIONS, UNLESS NOTED OTHERWISE. ALL WORK SHALL BE PERFORMED IN A FIRST CLASS AND WORKMAN LIKE MANNER. 11. THE OWNER'S REPRESENTATIVE SHALL REVIEW AND APPROVE ALL FINISH MATERIALS INCLUDING ARCHITECTURAL, MECHANICAL, ELECTRICAL, ETC., PRIOR TO COMMENCEMENT OF THE WORK. 12. THE CONTRACTOR SHALL PROVIDE PROOF OF HIS LIABILITY INSURANCE TO THE OWNER, PRIOR TO COMMENCEMENT OF THE WORK. 13. THE OWNER SHALL PROVIDE PROPERTY INSURANCE AND ALL RISK INSURANCE COVERING THE ENTIRE PROJECT SCOPE. FRAMING 1. LUMBER AND MANUFACTURED/ENGINEERED WOOD PRODUCTS SHALL COMPLY WITH ALL GOVERNING CODES, THE PRODUCT USE MANUAL OF WESTERN WOOD PRODUCTS ASSOCIATION, PLYWOOD SPECIFICATION AND GRADE GUIDE. IN ADDITION ALL PRESSURE TREATED LUMBER AND ALL FIRE TREATED LUMBER SHALL COMPLY WITH AMERICAN WOOD PRESERVERS ASSOCIATION STANDARD AND RECOMMENDATIONS. 2. ALL FRAMING LUMBER SHALL BE MINIMUM DOUGLASS FIR LARCH #2 AS GRADED BY WCLIB OR WWPA. SOLE AND TOP PLATES SHALL BE SOUTHERN PINE FIR #2 AS GRADED BY NLGA. 3. ALL NAILING/FASTENING SHALL CONFORM TO IBC TABLE 2304.9.1 FASTENING SCHEDULE. 4. EXTERIOR HEADERS: UNDER 6'-0" (2) 2X10S WITH FLAT 2X4 ON BOTTOM BETWEEN 6'-0" - 8'-0" (2) 2X12S WITH SOLID PLYWOOD FLITCH UNO. OVER 8'-0" CONSULT ENGINEER/ARCHITECT IF POINT LOAD OCCURES OVER HEADER CONSULT ENGINEER/ARCHITECT. 5. INTERIOR HEADERS: NON -LOAD BEARING WALLS NON -BEARING 2X4 INTERIOR BEARING WALLS SAME AS EXTERIOR WALLS 6. NO BRIDGING AT FLOOR TRUSES, TRUSS MANUFACTURER TO DESIGN TRUSSES TO ALLOW FOR USE OF ENTIRE SPACE BETWEEN TRUSSES FOR MECHANICAL DUCTWORK. SOLID BLOCKING SHALL BE USED WHERE REQUIRD BY GOVERNING CODES. 7. ENTRY STOOPS: USE 3/4" PLYWOOD WITH 2X6 BRACING TO FOUNDATION TIES, OR METAL FORM DECK TO FORM STOOP SLAB. DECK OR PLYWOOD TO SPAN FROM CETER OF FOUNDATION WALL TO CENTER OF FOUNDATION WALL. 8. STAIRS: 1/2" THICK RISERS, MIN 3/4" THICK TREADS WITH 1/2" OVERHANG FRONT EDGE, GLUE AND NAIL IN PLACE; USE (3) 2X12 STRINGERS ON EACH STAIR WHERE 3 OR MORE RISERS OCCUR. STAIR GEOMETRY SHALL MEET ALL LOCAL CODE REQUIREMENTS. 9. FRAMING AT SHOWERS/TUB OPENINGS SHALL BE VERIFIED WITH EXACT FIXTURE ROUGH -IN DIMENSIONS ONCE FIXTURE IS SELECTED.. 10. TRUSSES: TO BE 24" O.C. WITH BRACING AS SPECIFIED BY TRUSS MANUFACTURER, TRUSSES AND BRACING TO BE DESIGNED BY ENGINEER LICENSED IN THE STATE OF IOWA. GABLE END TRUSSES OR THOSE THAT FORM DRAFT STOP BARRIERS SHALL HAVE ADDITIONAL VERTICAL MEMBERS FOR SHEATHING ATTACHMENT. 11. EXTERIOR WALL SHEATHING: 1/2" PLYWOOD OR OSB TO BE USED THROUGHOUT UNO. SHEATHING IS ALSO REQUIRED ON THE OUTSIDE OF ALL WALLS THAT ADJOIN ENCLOSED UNHEATED SPACES SUCH AS ATTIC SPACES AND GABLE ENDS. 12. WEATHER BARRIER: USE TYVEK COMMERCIAL WRAP OR EQUAL OVER ALL EXTERIOR WALL AND GABLES, INSTALL WATER TIGHT AND LAP JOINTS LIKE FLASHING, TAPE ALL JOINTS. SET ALL DOORS AND WINDOWS IN A BEAD OF CAULK. 13. THE FRAMER SHALL VERIFY REQUIRED CHASES SIZES NEEDED WITH MECHANICAL AND PLUMBING CONTRACTORS AND SHALL PROVIDE CLEAR CHASE SPACE REQUIRED WHILE MAINTAINING STRUCTURAL INTEGRITY. ANY/ALL FRAMING MEMBERS THAT INTERFERE WITH THE ROUTING OF MECHANICAL OR PLUMBING SYSTEMS SHALL BE RELOCATED BY THE FRAMER OR BY OTHERS AT THE FRAMERS EXPENSE. 14. ALL CONNECTORS IN CONTACT WITH PRESSURE TREATED LUMBER SHALL BE GALVANIZED TO 9185 THICKNESS SPECIFICATIONS OR STAINLESS STEEL. 15. ALL LUMBER IN CONTACT WITH CONCRETE OR MASONRY AND ALL EXTERIOR FRAMING SHALL BE PRESSURE TREATED - CCA .40 OR EQUAL.al. TRUSSES 1. ALL WOOD ROOF AND FLOOR TRUSSES SHALL BE FABRICATED AND PROPERLY STAMPED WITH IDENTIFICATION BY A TRUSS FABRICATOR APPROVED BY LOCAL GOVERNING AUTHORITIES. 2. DESIGN AND FABRICATION CRITERIA OF WOOD TRUSSES SHALL MEET NATIONAL DESIGN SPECIFICATIONS FOR STRESS GRADE LUMBER AND ITS FASTENINGS BY NATIONAL FOREST PRODUCTS ASSOCIATION,TIMBER CONSTRUCTION STANDARDS AND DESIGN SPECIFICATIONS FOR LIGHT METAL PLATE CONNECTED WOOD TRUSSES. 3. LUMBER USED FOR TRUSS MEMBERS SHALL CONFORM TO PUBLISHED STRESS RATINGS FOR SPECIES AND GRADES SET OUT IN THE OFFICIAL GRADING RULES OF APPROPRIATE LUMBER CONSTRUCTION. 4. TRUSS CONNECTOR PLATES SHALL BE MANUFACTURED FROM ONLY PRIME COMMERCIAL QUALITY GALVANIZED SHEET STEEL OF NO LESS THAN 20 GAUGE THICKNESS WHICH HAS A MINIMUM YIELD OF 33,000 PSI PER TRUSS PLATE INSTITUTE SPECIFICATIONS. 5. THREE COPIES OF TRUSS DESIGNS SEALED BY A STATE OF IOWA REGISTERED PROFESSIONAL ENGINEER SHALL BE SUBMITTED TO THE LOCAL BUILDING DEPARTMENT FOR APPROVAL PRIOR TO FABRICATION. 6. FABRICATED TRUSSES AND SUB -ASSEMBLIES SHALL BE HANDLED WITH CARE SO THAT THEY ARE NOT SUBJECT TO DAMAGE. IF THE TRUSSES ARE TO BE STOCKPILED OR SORTED PRIOR TO ERECTION, THEY SHALL BE SET IN VERTICAL POSITIONS, RESTING UPON TEMPORARY BEARING SUPPORTS AND BRACED SO THAT THEY WILL SUBJECTED TO NO UNUSUAL BEARING OR BENDING OR TIPPING OVER. TRUSSES SHALL BE PROTECTED FROM INCLEMENT WEATHER ON BLOCKING ON LEVEL GROUND. 7. THE PERMENANT STRUCTURAL CROSS -BRACING TO ENSURE THE OVERALL RIGIDITY OF THE ROOF SYSTEM SHALL BE IN ACCORDANCE WITH ARCHITECTURAL PLANS. 8. PROPER ERECTION BRACING SHALL BE INSTALLED TO HOLD THE TRUSSES TRUE AND PLUMB AND IN SAFE CONDITION UNTIL PERMANENT TRUSS BRACING AND BRIDING CAN BE SOLIDLY NAILED IN PLACE TO FORM A STRUCTURALLY SOUND ROOF FRAMING SYSTEM. ALL ERECTION AND PERMANAT BRACING SHALL BE INSTALLED AND ALL COMPONENTS PERMANTLY FASTENED BEFORE APPLICATION OF ANY LOADS. 9. FIELD ERECTION OF TRUSSES, INCLUDING ITEMS SUCH AS PROPER HANDLING, SAFETY PRECAUTIONS, TEMPORARY BRACING TO PREVENT TOPLING OR DOMINOING OF TRUSSES DURING ERECTION, ANY OTHER SAFEGUARDS OR PROCEDURES CONSISTENT WITH GOOD WORKMANSHIP AND GOOD BUILDING PRACTICES SHALL BE THE RESPOSIBILITY OF THE ERECTION CONTRACTOR. 10. DURING THE CONSTRUCTION PERIOD, ALL CONTRACTORS SHALL PROVIDE MEANS FOR ADEQUATE DISTRIBUTION OF CONCENTRATED LOADS SO THAT THE CARRYING CAPACITY OF ANY ONE TRUSS AND/OR OTHER COMPONENTS IS NOT EXCEEDED. 11. PROVIDE PERMANENT AND TEMPORARY BRIDING/BRACING AS FOLLOWS: A. PROVIDE CONTINUOUS LATERAL BRIDING TO MAINTAIN SPACING IN PLANE OF TOP CHORD, BOTTOM CHORD, AND WEB MEMBERS. B. PROVODE DIAGONAL BRACING IN PLANE OF TOP CHORD TO PREVENT BUCKLING. C. PROVIDE DIAGONAL BRACING IN PLANE OF WEB MEMBERS TO PREVENT DOMINO TURNOVER. D. INSTALL PLYWOOD SHEATHING AND BRACING AS SOON AS POSSIBLE AFTER TRUSS ERECTION 12. CONTINUOUS BRIDGING SHALL BE GENERALLY SPACED AS DETERMINED BY TRUSS MANUFACTURER, DIAGONAL BRACING SHALL BE APPROXIMATELY 45 DEGREE ANGLES, OR AS DETERMINED BY TRUSS MANUFACTURER. BRIDGING/BRACING MATERIAL SHALL BE 2X4 OR 2X6 WOOD, COMPLY WITH TRUSS MANUFACTURER'S RECOMMENDATIONS FOR THE EXACT LOCATIONS, QUANTITIES AND SIZES, AND PER ENGINEERING SPECIFICATIONS. 13. HANDLING, INSTALLING AND BRACING OF WOOD TRUSSES SHALL BE AS RECOMMENDED BY THE TRUSS PLATE INSITUTE'S CURRECT PUBLICATIONS. THERMAL & MOISTURE PROTECTION 1. THERMAL BUILDING INSULATION AT ASSEMBLIES TO EXTERIOR OR UNHEATED SPACES MEETING THE REQUIREMENTS OF GOVERNING CODES AND UNO, THE FOLLOWING MINIMUM REQUIREMENTS. 2. FOUNDATION WALLS: BASEMENT WALLS - R-15 CONTINUOUS INSULATED SHEATHING ON THE INTERIOR OR EXTERIOR OF THE HOME OR R-19 CAVITY INSULATION AT THE INTERIOR OF THE BASEMENT WALL. CRAWL SPACE WALLS - R-10 CONTINUOUS INSULATED SHEATHING ON THE INTERIOR OR EXTERIOR OF THE HOME OR R-13 CAVITY INSULATION AT THE INTERIOR OF THE BASEMENT WALL. 3. EXTERIOR FRAME WALLS: R-13 CAVITY INSULATION PLUS R-5 INSULATED SHEATHING. IF STRUCTURAL SHEATHING COVERS 25 PERCNT OR LESS OF THE EXTERIOR, INSULATING SHEATHING IS NOT REQUIRED WHERE STRUCTURAL SHEATHING IS USED. IF STRUCTURAL SHEATHING COVERS MORE THAN 25 PERCENT OF EXTERIROR, STRUCTURAL SHEATHING SHALL BE SUPPLEMENTED WITH INSULATED SHEATHING OF ATLEAST R-2. 4. ATTICS: BLOWN -IN FIBERGLASS R-49 MINMUM. 5. FLASHING SHEET METAL AS REQUIRED TO PREVENT PENETRATION OF WATER THROUGH THE EXTERIOR SHELL OF THE BUILDING. IN ADDITION TO COMPLYING WITH THE PERTINENT RECOMMENDATION CONTAINED IN THE CURRENT EDITION OF ARCHITECTURAL SHEET METAL MANUAL BY SMACNA. ALL IRON SHEET METAL FLASHING SHALL BE HOT -DIPPED GALVANIZED COMPLYING WITH ASTM A93. 6. GUTTER AND DOWNSPOUT SHALL BE DETERMINED BY THE GENERAL CONTRACTOR AND APPROVED BY THE OWNER SO AS TO PROVIDE POSITIVE ROOF AND SITE DRAINAGE. AT EACH DOWNSPOUT EXITING ON GRADE, CONTRACTOR SHALL PROVIDE AND INSTALL A SPLASH BLOCK OF SUFFICIENT SIZE TO PREVENT ANY DAMAGE TO SURROUNDING SURFACES. 7. ATTIC AND ROOF VENTILATION AS REQUIRED BY GOVERNING CODES AND AS SHOWN OF DRAWINGS WHERE INDICATED. PROVIDE REQUIRED SOFFIT AND ROOF VENTS AS APPROVED BY GENERAL CONTRACTOR. USE ATTIC BAFFLES TO ENSURE FREE VENTILATION. DOORS & WINDOWS 1. ENTRY DOORS - MINIMUM 24 GAUGE INSULATED STEEL OF SIZE SHOWN ON DRAWINGS AND AS SELECTED BY OWNER. 2. HOUSE/GARAGE DOORS - INSULATED STEEL WITH SELF CLOSING HINGES AS SELECTED BY OWNER. SEE DRAWINGS FOR SIZES. 3. OVERHEAD GARAGE DOORS - INSULATED STEEL AS SELECTED BY OWNER. SEE DRAWINGS FOR SIZES. 4. SLIDING GLASS PATIO DOORS - FULL LITE TEMPERED INSULATED LOW-E GLASS IN VINYL FRAME AND AS SELECTED BY OWNER. SEE DRAWINGS FOR SIZES. 5. INTERIOR DOORS FLUSH PANEL WOOD DOORS OR AS SELECTED BY OWNER. SEE DRAWINGS FOR SIZES. 6. WINDOWS - INSULATED LOW-E GLASS IN VINYL FRAME, TEMPERED WHERE REQUIRED. UNITS SHALL MEET ALL ENERGY CODE REQUIREMENTS FOR REGION. UNITS SHALL MEET ALL EMERGENCY EGRESS REQUIREMENTS AS DETERMINED BY LOCAL AUTHORITY AND GOVERNING CODES. 7. FINISH HARDWARE SHALL BE SELECTED BY OWNER. INSTALL HARDWARE AS REQUIRED BY GOVERNING CODES. GYPSUM BOARD ASSEMBLIES 1. DESCRIPTION OF WORK: EXTENT OF GYPSUM BOARD ASSEMBLIES IS SHOWN ON DRAWINGS. THE WORK INCLUDES, BUT IS NOT LIMITED TO INTERIOR FINISH OF NEW EXTERIOR WALLS AND NEW INTERIOR PARTITIONS. 2. STANDARDS: COMPLY WITH THE APPROPRIATE ASTM REQUIREMENTS THAT APPLY TO FRAMING INSTALLATION AND WITH UNITED STATES GYPSUM'S "GYPSUM CONSTRUCTION HANDBOOK", ASTM C36 - GYPSUM BOARD, ASTM C840 AND GA-216 FINISHES ASTM C 1047 - TRIM ACCESSORIES ASTM C 475 - JOINT TREATMENT MATERIAL ASTM C 665 - SOUND ATTENUATING BATT INSULATION (UNFACED) EMPLOY ONLY TRADESMAN EXPERIENCED IN FABRICATION AND INSTALLATION OF THIS SECTION. 3. MATERIALS: GYPSUM WALL BOARD: 5/8" THICK TYPE 'X' AT ALL GARAGE WALLS, ALL CEILINGS (2 LAYERS AGAINST ATTIC), EXTERIOR WALLS 1/2" THICK PANELS AT ALL INTERIOR WALLS, MOISTURE RESISTANT AT ROOMS WITH TUB OR SHOWER. GALVANIZED OR ALUMINUM -COATED STEEL SHEET CORNERBEAD AT OUTSIDE CORNERS. JOINT TAPE JOINT COMPOUND 4. FINISHING: PROVIDE LEVEL 4 FINISH: EMBED TAPE AND APPLY SEPERATE FIRST, FILL AND FINISH COATS OF JOINT COMPOUNT TO TAPE, FATENERS, AND TRIM FLANGES. ALL JOINT COMPOUND SHALL BE SMOOTH AND FREE OF TOOL MARKS. PROVIDE ORANGE PEEL SPRAY TEXTURE TO AREAS OF PAINTED GYPSUM WALL BOARD. PREFINISHED METAL DECKS 1. SUBMITTALS: A. SHOP DRAWINGS B. INSTALLATION INSTRUCTIONS AND MFG STANDARD LITERATURE C. WARRENTIES: PROVIDE MANFACTURER'S STANDARD WARRANTY ON DEFECTS AND DETERIORATION OF FACTORY SUPPLIED COMPONENTS. 2. PRODUCTS: PRODUCT OF DESIGN IS BASED ON CLASSIC INDUSTRIES ALUMADECK HANGER ROD SUPPORTED ALUMINUM DECK AND RAILING, NO SUBSTITUTION WITHOUT PRIOR OWNER CONSENT. 3. INSTALLATION: A. FOLLOW ALL MANUFACTURER INSTALLTION INSTRUCTIONS. B. CONFIRM THAT SURROUNDING AREA IS READY FOR THE DECK INSTALLATION. C. INSTALLER SHALL CONFIRM DIMENSIONS AND ELEVATIONS TO BE AS SHOWN ON DRAWINGS PROVIDED BY CLASSIC INDUSTRIES. D. ERECTION SHALL BE COMPLETED BY AN APPROVED INSTALLER AND SCHEDULED AFTER ALL, CONCRETE, MASONRY AND ROOFING IN THE AREA IS COMPLETE. E. INSTALLATION SHALL BE IN STRICT ACCORDANCE WITH MANUFACTURER'S SHOP DRAWINGS, PARTICULAR ATTENTION SHALL BE GIVEN TO PROTECTING THE FINISH DURING HANDLING AND ERECTION. F. AFTER INSTALLATION, ENTIRE SYSTEM SHALL BE LEFT IN A CLEAN CONDITION. SPRINKLER 1. ALL SPRINKLER WORK FOR THIS PROJECT SHALL BE DESIGN/BUILD IN NATURE AND THE RESPONSIBLITY OF THE INSTALLING CONTRACTOR TO PROVIDE COMPLETE WORKING SYSTEMS WHICH COMPLIMENT THE INTENT OF THE PROJECT DESIGN AS SHOWN. COMPLY WITH CURRENT STATE AND LOCAL CODES, PROVIDE DRAWINGS TO THE FIRE MARSHALL FOR REVIEW. PLUMBING 1. INFORMATION AND LAYOUTS SHOWN ON DRAWINGS ARE SCHEMATIC IN DESIGN, AND SHALL BE REVIEWED BY PLUMBING CONTRACTOR AND SUPPLIERS. 2. ALL PLUMBINGL WORK FOR THIS PROJECT SHALL BE DESIGN/BUILD IN NATURE AND THE RESPONSIBLITY OF THE INSTALLING CONTRACTOR TO PROVIDE COMPLETE WORKING SYSTEMS WHICH COMPLIMENT THE INTENT OF THE PROJECT DESIGN AS SHOWN. COMPLY WITH IRC 2021 - PLUMBING SECTIONS, IOWA STATE PLUMBING CODE AND ASME RECOMMENDATIONS. Drawing Index Al Cover Sheet A2 Foundation Plan A3 Lower Level Plan A4 Main Level Plan A5 Upper Level Plan A6 Front & Rear Elevations A7 Side Elevations A8 Wall & Stair Sections, Roof Plan & Details Note: See Civil Engineers Drawings for Exterior Sitework MECHANICAL 1. INFORMATION AND LAYOUTS SHOWN ON DRAWINGS ARE SCHEMATIC IN DESIGN, AND SHALL BE REVIEWED BY MECHANICAL CONTRACTOR AND SUPPLIERS. 2. ALL MECHAINCAL WORK FOR THIS PROJECT SHALL BE DESIGN/BUILD IN NATURE AND THE RESPONSIBLITY OF THE INSTALLING CONTRACTOR TO PROVIDE COMPLETE WORKING SYSTEMS WHICH COMPLIMENT THE INTENT OF THE PROJECT DESIGN AS SHOWN. COMPLY WITH IRC 2021 - MECHANICAL SECTIONS, ASHRAE AND SMACNA RECOMMENDATIONS. ELECTRICAL 1. INFORMATION AND LAYOUTS SHOWN ON DRAWINGS ARE SCHEMATIC IN DESIGN, AND SHALL BE REVIEWED BY ELECTRICAL CONTRACTOR AND SUPPLIERS. 2. ALL ELECTRICALL WORK FOR THIS PROJECT SHALL BE DESIGN/BUILD IN NATURE AND THE RESPONSIBLITY OF THE INSTALLING CONTRACTOR TO PROVIDE COMPLETE WORKING SYSTEMS WHICH COMPLIMENT THE INTENT OF THE PROJECT DESIGN AS SHOWN. COMPLY WITH IRC 2021 - ELECTRICAL SECTIONS, LOCAL CODES, AND LATEST NEC. MINIMUM STRUCTURAL DESIGN LOADS 1. DESIGN LIVE LOADS ROOF: SNOW 30 PSF (PLUS UNBALANCED AND SNOW DRIFT LOADING IN ACCORDANCE WITH ASCE 7-02 BASED ON 30 PSF GROUND SNOW LOAD, IMPORTANCE FACTOR = 1.0) FLOOR: STAIRS 100 PSF APARTMENT LIVING SPACE 40 PSF APARTMENT LIVING AREAS 30 PSF 2. DESIGN DEAD LOADS ROOF: TOP CHORD DEAD LOAD 10 PSF BOTTOM CHORD DEAD LOAD 10 PSF FLOOR: FLOOR, DECK, JOISTS,CEILING, MISC 12 PSF (PLUS PARTITIONS) 3. WIND LOADING PER IRC 2015 REQUIREMENTS (90 MPH, 3 SECOND GUST, EXPOSURE C, IMPORTANCE FACTOR 1.0) 4. INCREASE DESIGN LOADS IF REQUIRED BY GOVERNING CODES OR AUTHORITY HAVING JURISDICTION. PROJECT DATA / CODE INFORMATION PROJECT: GOVERNING CODES: CONSTRUCTION TYPE: BUILDING HEIGHT: OCCUPANCY GROUP: BUILDING AREA: SPRINKLER SYSTEM: OCCUPANCY LOAD: GENERAL NOTES: RIDGEWAY APARTMENTS 2021 INTERNATIONAL BUILDING CODE 2021 INTERNATIONAL FIRE CODE 2015 INTERNATIONAL ENERGY CONSERVATION CODE 2020 NATIONAL ELECTRIC CODE 2021 INTERNATIONAL MECHANICAL CODE 2021 UNIFORM PLUMBING CODE V-B, COMBUSTIBLE / NON -PROTECTED 3 STORY / 38'-9" R-2 (RESIDENTIAL) 6,800 SQUARE FEET PER FLOOR; 7,000 SQUARE FEET ALLOWABLE W/O INCREASES NFPA 13R SYSTEM PROVIDED 80 MECHANICAL, ELECTRICAL AND PLUMBING DESIGNS TO BE DESIGN BUILD. DESIGN/BUIL CONTRACTORS TO PROVIDE ALL NECESSARY DOCUMENTS TO CEDAR FALLS BUILDING INSPECTION SERVICES PRIOR TO THE START OF CONSTRUCTION. TENANT FINISH AND FIT OUT TO BE ACCOMPLISHED BY INDIVIDUAL TENANTS UNDER SEPERATE PERMITS. CONTRACTOR TO INSTALL A KNOX BOX WITH FINAL LOCATION COORDINATED WITH WATERLOO FIRE RESCUE. MINIMUM SIZE FIRE EXTINGUISHER OF 2A-10BC TO BE INSTALLED WITHIN EACH APARTMENT SPACE UNDER TENANT FIT OUT. Symbols Key Detail Section Detail No. Sheet No. Detail No. Sheet No. Detail No. Elevation Sheet No. Elevation Hteioitle SEAL: R•i`eSSI04(1 1i Q /• '■ -7 - f W R. WAYNE ; C7 ''. Ui : WILLIAMSON O. 05707 %177Z • : 0 4? I,�IrIOW 11 CERTIFICATION: I HEREBY CERTIFY THAT THE PORTION OF THIS TECHNICAL SUBMISSION DESCRIBED BELOW WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND RESPOSIBLE CHARGE. I AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF IOWA. IOWA REGISTRATION NUMBER #05707 NAME: R. WAYNE WILLIAMSON, AIA PAGES OR SHEETS COVERED BY THIS SEAL. Al, A2, A3, A4, A5, A6, A7, A8, A9 DATE ISSUED: 1/11/24 0 )F 0 W W J ZO O a N Nv<a� cn m t 0 Project Number 240002 CAD File Name Ridgeway 10-plex Drawn By Checked By RWW RWW Sheet Name Cover Sheet Sheet Number Al Copyright R. Wayne Williamson, AIA Date: 1/11/24 Page 394 of 545 122'-2" 18'-0" 12'-8" 17'-8 1/4" 6'-10" 36'-3 3/4" 12'-8" 18'-0" Concrete Footing with 2 - #4 Bars Cont. 4" Brick Ledg 8" Concrete Stoop Wall with 3 - #4 Bars Horiz. & #4 Bars @ 40" O.C. \Vert-- .\ \ \ N 0 L.L. 13 18 0 o O 2 d 8" /1 4'-0" 4" Brick Ledge 1'-2 1/2" / 16'-3" 1'-2 1/2" Concrete Footing with 2 - #4 Bars Cont. 8" Concrete Stoop Wall with 3 - #4 Bars Horiz. & #4 Bars @ 40" O.C. Vert. ek 0 10" Concrete Foundation Wall with 3 - Bars Horiz. & #4 Bars @ 40" O.C. Vert. 2" Rigid Foundation Insulation 4" Brick Ledge 61 /2" 3'-4" // 6'-0" 3'-4" 8 1/2" 16'-3" 8 3/4" 3'-5 3/4" 3'-41 /4" 7 1/2" 16'-3" 2'-61 /2" 16'-3" 7 3/4" 3'-4" 6'-0" r L Frost Protected Stoop 381J2"-BIec - Out for Door Concrete Footing with 2 - #4 Bars Cont. 18" x 8" Concrete Footing with 2 - #4 Bars Cont. 0 1-0 0 0) 0 U m 0. 0 v, 18'-6 3/4" 0 0 ❑ 2 0 16'-9" 36" x 36"x12" Concrete Footing with 3 - #4 Bars Each Way NOTE: Limit Area of Slab Bounded by Control Joints to a Maximum of 400 Sq. Ft. 18" x 8" Concrete Footing with 2 - #4 Bars Cont. 33" x 12" Concrete Footing with 4 - #4 Bars Cont. 0 0 O \ 1'-11 1/4' 3'-9" Drain 3'-10" Fern. '-10" 60"x48"x12" Concrete Footing with 4 - #4 Bars Each Way M in 36" x 36"x12" Concrete Footing with 3 - #4 Bars Each Way 9'-9 1/2" NOTE: Limit Area of Slab Bounded by Control Joints to a Maximum of 400 Sq. Ft. 18'-6 3/4" 18" x 8" Concrete Footing with 2 - #4 Bars Cont. Concrete Footing with 2 - #4 Bars Cont. 2" Rigid Foundation Insulation 10" Concrete Foundation Wall with 3 - #4 Bars Horiz. & #4 Bars @ 40" O.C. Vert. Block Gut for O.H: Door Drain 1-11 1 /4" 4" Brick Ledge 8" Concrete Stoop Wall with 3 - #4 Bars - Horiz. & #4 Bars @ 40" O.C. Vert. Concrete Footing with 2 - #4 Bars Cont. 16'-3" 18'-0" L Furn. '-10" 3'-10" 384/2T Block - Out for Door 2 i 9 0 24" x 12" Concrete Footing with 3 - #4 Bars Cont. 4'-5" Furn. Furn. 9 00 24" x 12" Concrete Footing with 3 - #4 Bars %lit* 8" Concrete Footing with 2 - #4 Bars Cont. Note: Stub in for Plumbing Fixtures as Required ;;Drain 4'-5" 18" x 8" Concrete Footing with 2 - #4 Bars Cont. 24" x 12" Concrete Footing with 3 - #4 Bars Cont. rn 00 24" x 12" Concrete Footing with 3 - #4 Bars Cont. I I I I I 38 1/2" Block 38 1/2" Block L --Out for -Door- -Out-for Door- - Frost Protected Stoop Concrete Footing with 2 - #4 Bars Cont. 8" Concrete Stoop Wall with 3 - #4 Bars Horiz. & #4 Bars @ 40" O.C. Vert. e ConcreteTowar 0 0 ❑ NOTE: Limit Area of Slab Bounded by Control Joints to a Maximum of 400 Sq. Ft. 19'-9" 19'-9" e ConcreteTowa 0 0 ❑ o vaL 0 4" Brick Ledge 1 'Frost Protected Stoop L J - 381J2 Bloek- Out for Door 9 4" Brick Ledge 0 3'-4" 61 /2" // L Frost Protected Stoop 1 J 16'-3" 10" Concrete Foundation Wall with 3 - #4 Bars Horiz. & #4 Bars @ 40" O.C. Vert. 2" Rigid Foundation Insulation Concrete Footing with 2 - #4 Bars Cont. 18" x 8" Concrete Footing with 2 - #4 Bars Cont. 4'-9" Note: Stub in for Plumbing Fixtures as Required 18" x 8" Concrete Footing with 2 - #4 Bars Cont. -Block-Gut for -OM. Door 4'-9" :ADrain Block -Out ter-0+I.-Doen- 9 BO v ch with 4 - #4 Bars Cont. in NOTE: Limit Area of Slab Bounded by Control Joints to a Maximum of 400 Sq. Ft. Concrete Footing with 2 - #4 Bars Cont. 2" Rigid Foundation Insulation 10" Concrete Foundation Wall with 3 - #4 Bars Horiz. & #4 Bars @ 40" O.C. Vert. / 61 /2" 3'-4" 6'-0" 12.-8" 3'-4" 0 ih 9 4" Brick Ledge 8" Concrete Stoop Wall with 3 - #4 Bars Horiz. & #4 Bars @ 40" O.C. Vert. Concrete Footing with 2 - #4 Bars Cont. 16'-3" 17'-8 1/4" / / 1 38 1/2" Block Out -for Door 9 BO 33" x 12" Concrete Footing e e ConcreteTowa 0 0 ❑ 0 0 ❑ o v�l 0 Block -Out for 0.H. Door- WsOKAINI NOTE: Limit Area of Slab Bounded by Control Joints to a Maximum of 400 Sq. Ft. 40'-2" 40'-2" - Bleck-Gut-fof O H -DoeF e Concrete Footing with 2 - #4 Bars Cont. 2" Rigid Foundation Insulation 10" Concrete Foundation Wall with 3 - #4 Bars Horiz. & #4 Bars @ 40" O.C. Vert. - Block Out -for O:H Door 0 0 ❑ e ConcreteToward i r 1 38-1-/2' 31ock Out for Door 24" x 12" Concrete Footing with 3 - #4 Bars Cont. 24" x 12" Concrete Footing with 3 - #4 Bars Cont. 18" x 8" Concrete Footing with 2 - #4 Bars Cont. in 4'-5" Note: Stub in for Plumbing Fixtures as Required 0 0 ❑ o v)l 0 in 18" x 8" Concrete Footing with 2 - #4 Bars Cont. 24" x 12" Concrete Footing with 3 - #4 Bars Cont. 9 00 4'-5" 24" x 12" Concrete Footing with 3 - #4 Bars Cont. L Frost Protected Stoop 8 3/4" 3'-5 3/4" 6'-10" - 3'-4 1/4" 71 /2" 9 16'-3" 2'-6 1/2" 36'-3 3/4" 16'-3" 4" Brick Ledge 4 1 38-1/2"SIeeIF Out for Door 3'-10" 3'-10" Concrete Footing with 2 - #4 Bars Cont. 8" Concrete Stoop Wall with 3 - #4 Bars Horiz. & #4 Bars @ 40" O.C. Vert. 1'-2 1/2" / / 4" Brick Ledge 1-11 1/4" Drain _LFum ti .63 \ Block -Out ter-0a4.-Doer 10" Concrete Foundation Wall with 3 - #4 Bars Horiz. & #4 Bars @ 40" O.C. Vert. 2" Rigid Foundation Insulation Concrete Footing with 2 - #4 Bars Cont. 18" x 8" Concrete Footing with 2 - #4 Bars Cont. 18'-6 3/4" ml 0 0 0) 2 0 U m 0. 0 16'-9" (7 36" x 36"x12" Concrete Footing with 3 - #4 Bars Each Way 0 0 ❑ 2 O NOTE: Limit Area of Slab Bounded by Control Joints to a Maximum of 400 Sq. Ft. 18" x 8" Concrete Footing with 2 - #4 Bars Cont. 33" x 12" Concrete Footing with 4 - #4 Bars Cont. Furn. 3'-10" 3'-10" Drain I I I I I I I 38 1/2" Block 38 1/2" Block I L -Out for -Door- Out -for Door- v cc ti .63 v Bars Horiz. & #4 Bars @ 40" O.C. Vert. 36" x 36"x12" Concrete Footing with 3 - #4 Bars Each Way 16'-9" NOTE: Limit Area of Slab Bounded by Control Joints to a Maximum of 400 Sq. Ft. 18'-6 3/4" e Cone o 0 0 ❑ N O 18" x 8" Concrete Footing with 2 - #4 Bars Cont. Concrete Footing with 2 - #4 Bars Cont. 2" Rigid Foundation Insulation 10" Concrete Foundation Wall with 3 - #4 Block Out for-O-H -Door- y 2 Frost Protected Stoop 7 3/4" 3'-4" 6'-0" 12'-8" 3'-4" 6 1/2" 8" Concrete Stoop Wall with 3 - #4 Bars Horiz. & #4 Bars @ 40" O.C. Vert. Concrete Footing with 2 - #4 Bars Cont. 16'-3" 18'-0" 7 2 :2 2 2 i i 4 2 6 1 1'-2 1/2" Foundation Plan Scale: 1/4" = 1'-0" Finished Grade - See Civil Drawings Door Frame & Trim (Beyond) Brick (Beyond) #4Bars@24"O.C. 3 - #4 Bars Threshold Set in Mastic erl sist .stst sist .stst frt kst • ogt 0. 10 mil Vapor Barrier 4" Compacted Granular Fill 461 IP dkb 3 #4 Bars (Horiz.) #4 Bars @ 40" (Vert.) 10" Concrete Foundation Wall 2" Cont. Rigid Foundation Insulation 20" Wide x 12" High Footing with 2 - #4 Bars (Cont.) STRUCTURAL CONCRETE NOTES: 1. EXCEPT WHERE MODIFIED BY THESE PLANS AND SPECIFICATIONS, ALL CONCRETE WORK SHALL CONFORM TO THE REQUIREMENTS OF ACI 301 - LATEST EDITION, "SPECIFICATIONS FOR STRUCTURAL CONCRETE BUILDINGS" AND ACI 318 - LATEST EDITION, "BUILDING CODE REQUIREMENTS FOR REINFORCED CONCRETE". 2. REINFORCING IS TO BE DETAILED IN ACCORDANCE WITH ACI 315 - LATEST EDITION, "MANUAL OF STANDARD PRACTICE FOR DETAILING REINFORCED CONCRETE STRUCTURES". 3. ALL STRUCTURAL CONCRETE SHALL MEET THE FOLLOWING REQUIREMENTS: COMPRESSIVE STRENGTH: FOOTINGS 3,000 PSI FOUNDATION WALLS 3,000 PSI BEAMS AND COLUMNS 4,000 PSI FLOOR SLABS 4,000 PSI SLUMP LIMIT W/C RATIO AIR CONTENT SYNTHETIC FIBER REINFORCING BARS 4" PLUS OR MINUS 1" 0.45 MAXIMUM AS PERMITTED PER ACI BUT NOT TO EXCEED 7% GRADE 60, DEFORMED 4. CONCRETE REINFORCING STEEL SHALL BE IN ACCORDANCE WITH THE FOLLOWING STANDARDS: REINFORCING BARS ASTM A615, GRADE 60 WELDED WIRE FABRIC ASTM A185 5. THE FOLLOWING LAP -SPLICES SHALL BE MAINTAINED INCLUDING DOWEL EXTENSION AND EMBEDMENT, UNLESS NOTED OTHERWISE: #6 AND SMALLER: HORIZONTAL BARS 48 BAR DIAMETERS VERTICAL BARS 40 BAR DIAMETERS WELED WIRE FABRIC 8 INCHES 6. ALL STRUCTURAL CONCRETE SHALL BE PLACED IN THE FOLLOWING MANNER: FORM WORK SHALL BE ACCORDING TO ACI 301 WITH 1/8 INCH TOLERANCE FOR SURFACE IRREGULATIES FOR CONCRETE EXPOSED TO VIEW AND 1/2 INCH TOLERANCE FOR OTHER CONCRETE SURFACES. PLACE ALL CONCRETE IN A CONTINUOUS OPERATION AND CONSOLIDATE WITH MECHANICAL VIBRATING EQUIPMENT. DO NOT ADD WATER TO ADJUST SLUMP. CURE FORMED SURFACES BY MOIST CURING FOR A MINIMUM OF SEVEN DAYS. CURE SLABS AFTER FINISHING WITH SPRAY APPLIED MEMBRANE FORMING CURING AND SEALING COMPOUND. CUT CONTROL JOINTS IMMEDIATELY AS SOON AS IT IS POSSIBLE TO WALK ON THE SLAB. 7. STRUCTURAL CONCRETE AND SLABS SHALL BE FINISHED AS FOLLOWS: FORMED SURFACE FINISHES FOR BEAMS AND COLUMNS: RUB OUT FORM MARKS TO UNIFORM SAND FINISH OR AS NOTED ON DRAWINGS. SLAB SURFACE FINISHES: SLABS TO RECIEVE MORTAR SETTING BED SLABS TO RECIEV DIRECT APPLIED MATERIAL SLABS TO RECIEVE COVERING OR PAINT SLABS TO RECIEVE THIN SET TILE SCRATCH FINISH FLOAT FINISH TROWEL FINISH TROWEL WITH FINE BROOM FOUNDATION NOTES: 1. 2,000 P.S.F. SOIL BEARING PRESSURE ASSUMED FOR FOOTING DESIGN. IF FIELD CONDITIONS ARE DIFFERENT NOTIFY ARCHITECT & CIVIL ENINEER. 2. DO NOT BACKFILL OR COMPACT SOIL AGAINST UNBRACED FOUNDATION WALLS. 3. DO NOT PLACE ANY FOOTINGS ON DISTURBED OR UNBRACED SOIL - OVER EXCAVATE & EXTEND FOOTING DEPTH. 4. VERIFY DEPTH OF FROST FOOTING WITH LOCAL CODES, REGOIN & SOIL BEARING. 5. PROVIDE TEMITE PROTECTION AS REQUIRED BY LOCAL CODE AUTHORITY. 6 FLOOR JOIST & TRUSS LAYOUT SPACING AND CALCULATIONS BY TRUSS MANUFACTURER. NOTE: VERIFY SOIL CONDITIONS AND BEARING COMPACITY BEFORE BEGINNING WORK VERIFY ENGINEERING WITH GENERAL CONTRACTOR & CIVIL ENGINEER 4" Brick Ledge <C I.: 41: !:;;;:: 42 %Sim. dlimmom :Ct 1L;; LLI I±1 (.9 0 p 0 ce tn 'Cr LU >- 0 0 co UNAUTORIZED USE IS STRICTLY PROHIBITED. CNI CNI COPYRIGHT re 0 cn >- >- co >- w CD I- 0ct CD 0 725 Project Number 240002 CAD File Name Townhouse Master Plan Drawn By RVVVV Checked By RVVVV Sheet Name Foundation Plan Sheet Number A2 Stoop Detail A2 EXTERIOR CONCRETE PLATFORMS, STEPS, AND RAMPS NON -SLIP BROOM FINISH Copyright R. Wayne Williamson, AIA Date: 1/11/24 Page 395 of 545 Face of Stud m Stone Cap over Brick Veneer Stone Cap over Brick Veneer 11 1/4" 18'-0" 16'-1 1/2" 5'•8" 11 1/4" 3'-0" 5'•8" 12'-8" Frost Pr 2 - 2" x 0" Header Stone Cap over Brick Veneer 16'-0" x 7'-0" O.H. Door 20" Floor Trusses Spacing by Mfr. Note: In Floor Duct Chase 24" x 10" Clear. Double Up Floor Joists as Req'd. Verify with Truss Mfr. 19'-11 1/4' Garage 9'-6" Ceiling Ht. Note: Use 5/8" Type 'X' Gupsum Board Throughout Garage 20" Floor Trusses Spacing by Mfr. Note: Provide Support for Cantilever as Req'd. Verify with Truss Mfr. 6'-5 3/4" 2 Layers 5/8" Type 'X' Gupsum Board Taped ki 2-1 3/4"x111/4"LVL He- • • 01, 2 - 1 3/4" x 11 1/4" LVL He. II Sprinkler 9'-0" Ceiling Ht. 11 1/4" Provide Support for Cantilever as Req'd. Verify with Truss Mfr. 3'-0" Door • • Flush LVL Beam Self Closing Entry Fire Door 3'-0" 9'-0" Ceiling Ht. 2x6 Bearing all Bearing Point 2x6 Bearing Wall Bearing Point 2x4 BeOring Wall Drop Ceiling 9-9 1/2" Bearing Point 3'-8 3/4" Bearing Point 2x6 Bearing Wall ted Stoop 3'-0" 1.1 1/4" 2 - 2" 10" Header 3'-0' Door • Flush L Bear • Entry 9'-0" Ceiling Ht.= 5'-8" Flush LVL Beam 3'-8 3/4" 2x6 Bearing Wall Dro• eiling 18'-4 1/2" 17'-9 3/4" 16'-1 1/2" Cantilevered Alum Deck Above 2 - 1 3/4" x 18" LVL Header 16'-0" x 7'-0" O.H. Door Note: Provide Support for Cantilever as Req'd. Verify with Truss Mfr. Garage 9'-6" Ceiling Ht. 20'-1 1/4" Note: Use 5/8" Type 'X' Gupsum Board Throughout Garage Note: Duct Chase Below Floor Verify Size with Mech. Contractor 6'-1 3/4" 6'-8 1/2" 1.1 3/4" Equal Equal 1.0 1/4" 3'-0„ WH \WH/ r FD I 3�•0, 5'_8" Self 18'•2" Furn 9 /Closing Mech o Furn. Mech Fire Door 1 c; Tr N elf Closing ire Door 7'-4 3/4" FD® 20" Floor Trusses Spacing by Mfr. Note: Use 5/8" Type 'X' Gupsum Board Throughout Garage Garage 9'-6" Ceiling Ht. Note: In Floor Duct Chase 24" x 10" Clear. Double Up Floor Joists as Req'd. Verify with Truss Mfr. 20" Floor Trusses Spacing by Mfr. Drop Ceiling 19'-11 1/4" 16'-0" x 7'-0" O.H. Door S CI Fire If sing v oor N in 2x4 Bearing Wall Bearing Point v M ih 2x6 Bearing Stone Cap over Brick Veneer 16'-1 1/2" 17'-8" 18'-0" 7'-4 3/4" 3'-0" Mech FD® 2x6 Bearing Wall 3'-0" Entry Self Closing 9'-0" Ceiling Ht. Fire Door • Bearing Point 3'-8 3/4" Flush LVL Beam 11 1/4" 3'-0" 3'-0" Door 0" Header 5'•8" Frost Pr 8" 11 2x6 Be. 11 ms = mo,„ Flush L L Beare 5'•8" E 3'-8 3/4" Flush LVL Bear 3'-0" Door ted Stoop 0" Header 5'•8" Drop C 3'-0" 1.1 1/4" Note: Duct Chase Below Floor Verify Size with Mech. Contractor 2 - 1 3/4" x 18" LVL Header Cantilevered Alum Deck Above 16'-1 1/2" 17'-9 3/4" 18'-4 1/2" Frost Prot-cted Stoop 2-2"x10"Header 3'-0' Door Flush LVL Bear11 • • d Self E • Ca Closing • Fire Door 9'-0" Ceiling Ht. = 3'-0" I5'-8' Flus ' LVL Beam 3'-8 3/4" 121'-6" Overall (Face of Stud) 16'-1 1/2" Cantilevered Alum Deck Above 2 - 1 3/4" x 18" LVL Header 16'-0" x 7'-0" O.H. Door 9'-0" Ceiling Ht. Flush LVL Bea 18'-0" 17'-8" 3'-0" 11 1/4" 16'-1 1/2" 0" Header 3'-0" Door • • Flush LVL Beam Entry 9'-0" Ceiling Ht. 5'•8" 36'-11 3/4" 2' 18" 16'-1 1/2" Cantilevered Alum Deck Above 2 - 1 3/4" x 18" LVL Header 16'-0" x 7'-0" O.H. Door Note: Provide Support for Cantilever as Req'd. Verify with Truss Mfr. 1'-01/2" 3'-0" 12'-0" Frost Protcted Stoop 0" Header 2 - 2" • — Frlush LVL a cu Entry Self Closing Fire Door 3'-0" tone Cap over Brick Veneer 2 - 1 3/4" x 18" LVL Header 16'-0" x 7'-0" O.H. Door 11 1/4" is 0 ���6 N y N N I _ Garage \ L T L T T L T L o0 9'-6" Ceiling Ht. o o o o Note: LL o LL o o LL o LL I Use 5/8" Type 'X' Gupsum Board Flush LVL Beam Throughout Garage R 20" Floor Trusses r r i 0° Spacing by Mfr. i 1 Bearing Point J Note: M " Bearing Point Provide Support for Cantilever as Req'd. G 2x4 Bearing Wall Verify with Truss Mfr. 2x6 Bearing Wal Dro • 3'-0" ■ , p ing 3,•0„ I FD`% WH\ �\ M Self 5'-8" Self 18'-2 18'-2" Self 5'-8" - ®FD 7'-4 3/4" Closing 16'-3 1/4" Furn - . r Fire Door 1 /Closing Closing • - —�" B Mech Fire Door ' • • Mech Furn. O Mech Drop !eiling =II 2x6 Bearing Wall Note: Provide Support for Cantilever as Req'd. Verify with Truss Mfr. Garage 9'-6" Ceiling Ht. 20'-1 1/4" Note: Use 5/8" Type 'X' Gupsum Board Throughout Garage Note: Duct Chase Below Floor Verify Size with Mech. Contractor Garage 9'-6" Ceiling Ht. 20'-1 1/4" Note: Use 5/8" Type 'X' Gupsum Board Throughout Garage Note: Duct Chase Below Floor Verify Size with Mech. Contractor 2x6 Bearing Wal Self Closing Fre Door 3'-0" 3'-8 3/4" 3'-8 3/4" Bearing Point 2x6 Bearing earing Wall 20" Floor Trusses Spacing by Mfr. Note: In Floor Duct Chase 24" x 10" Clear. Double Up Floor Joists as Req'd. Verify with Truss Mfr. 9'-11 1/4" Flush L L Beare 5%•8„ E f6 m Entry Self Closing Fire Door 2x6 Bearing Wall 3'-0" •Self 9'-0" Ceiling Ht. 3 O " • Flush LVL Bear Closing Fire Door 3'-0" Door 2 - 2" x 10" Header Frost Prot-cted Stoop 1'-1 3/4' Equal Equal 1'-0 1/ 6'-8 1/2" 6'-1 3/4" Note: Duct Chase Below Floor Verify Size with Mech. Contractor Note: Use 5/8" Type 'X' Gupsum Board Throughout Garage 20'-1 1/4" Garage 9'-6" Ceiling Ht. Note: Provide Support for Cantilever as Req'd. Verify with Truss Mfr. 16'-0" x 7'-0" O.H. Door 2 - 1 3/4" x 18" LVL Header Cantilevered Alum Deck Above 16'-1 1/2" 121'-6" Overall (Face of Stud) 36'-3 3/4" 36'-11 3/4" Note: Duct Chase Below Floor Verify Size with Mech. Contractor Note: Use 5/8" Type 'X' Gupsum Board Throughout Garage 20'-1 1/4" Garage 9'-6" Ceiling Ht. Note: Provide Support for Cantilever as Req'd. Verify with Truss Mfr. 16'-0" x 7'-0" O.H. Door 2 - 1 3/4" x 18" LVL Header Cantilevered Alum Deck Above 16'-1 1/2" elf Closing 're Door 2x6 Bearing Wal 3'-0" Self Closing Fire Door 1'-01/2" 3'-0" 3'-8 3/4" 0" Header 12'-0" 7'•4 3/4" 3'-0" :2x6 Bearing Wall 3'-8 3/4" • 2x6 Bearing Bearing Point I Entry 'Self 9'-0" Ceiling Ht. Closing Fire Door Flush LVL Beam 3'-0" Door 10" Header Drop C Self Closing Fire 2x4 Bearing Wall Bearing Fioint earing Wall 16'-3 1/4" Note: Provide Support for Cantilever as Req'd. Verify with Truss Mfr. 20" Floor Trusses Spacing by Mfr. Note: Use 5/8" Type 'X' Gupsum Board Throughout Garage Garage 19'-11 1/4" 9'-6" Ceiling Ht. Note: In Floor Duct Chase 24" x 10" Clear. Double Up Floor Joists as Req'd. Verify with Truss Mfr. 20" Floor Trusses Spacing by Mfr. 16'-0" x 7'-0" O.H. Door 2 - 1 3/4" x 18" LVL Header Stone Cap over Brick Veneer 16'-1 1/2" 17'-8" 18'-0" 1/4" Lower Level Plan Scale: 1/4" = 1'-0" NOTE: No Plumbing or Mechanical Equipment Allowed Within Party Walls GENERAL NOTES: 1. UNLESS NOTED OTHERWISE GLASS IN DOORS AND WINDOWS SHALL BE TEMPERED AS REQUIRED BY CODE. 2. ALL SUB -CONTRACTORS SHALL INSTALL ALL PRODUCTS IN ACCORDANCE WITH MANUFACTURERS RECOMMEDATIONS. UNLESS CLEARLY INSTRUCTED IN WRITING TO DO OTHERWISE. 3. IT IS THE RESPONSIBILITY OF THE PLUMBING, ELECTRICAL AND HVAC SUB -CONTRACTORS TO DESIGN/BUILD THEIR SYSTEMS AND ENSURE THAT THESE SYSTEMS MEET ALL CODES AND ARE INSTALLED AND OPERATING PROPERLY. 4. IT IS THE SUB -CONTRACTORS RSPONSIBILITY TO TAKE ALL NECESSARY PRECAUTIONS TO PROTECT MATERIALS FROM DAMAGE, MOISTURE BUILD-UP AND MOLD. 5. CONSTRUCTION MATERIALS REFENECED ON DRAWINGS ARE FOR SCHEMATIC PURPOSES, A FINISH SCHEDULE WITH FINAL SELECTIONS SHALL TAKE PRESIDENCE. 6. ELECTRICAL CONTRACTOR SHALL INSTALL CODE COMPLIENT SMOKE DETECTOR SYSTEM INCLUDING COMPONENTS NOT SHOWN ON PLANS. IF ADDITIONAL SMOKE DETECTORS ARE SHOWN IN LOCATIONS NOT REQUIRED BY CODE THESE SHALL BE IN ADDITION TO CODE REQUIRED UNITS. 7. MECHANICAL CONTRACTOR SHALL INSTALL VENT FANS IN EACH BATHROOM, AND ELECTRICAL CONTRACTOR SHALL WIRE TO WALL SWITCH. 8. ALL DIMENSIONS ARE TO FACE OF STUD UNLESS NOTED OTHERWISE. FRAMING NOTES: 1. ALL WALLS ARE 9'-1 1/8" UNLESS NOTED OTHERWISE. VERIFY CONDITIONS WITH TRUSS MANUFACTURER. 2. TRUSS MANUFACTURER IS RESPONSIBLE FOR ROOF TRUSSES, FLOOR TRUSSES, GARAGE DOOR HEADERS, AND ALL FLUSH BEAMS. EACH IS TO BE DESIGNED AND CERTIFIED BY AN ENGINEER, LICENSED IN THE STATE & JURISDICTION OF CONSTRUCTION, FOR ALL DEAD LOADS & LIVE LOADS. SIZES SHOWN ON PLANS ARE FOR BIDDING PURPOSES AND SHALL BE SUPERCEDED BY CERTIFIED ENGINEERED SIZES. 3. ALL EXTERIOR WALLS SHALL BE CONSTRUCTED FROM 2 X 6S @ 16" O.C. INTERIOR WALLS SHALL BE CONSTRUCTED FROM 2 X 4S @ 16" O.C. UNLESS NOTED OTHERWISE 4. PLUMBING WALLS SHALL BE 2 X 6 AS REQUIRED. Stone Cap over Brick Veneer Cantilevered Alum Deck Above Cantilevered Alum Deck Above Stone Cap over Brick Veneer 0 0 0 cti CD u- O >- ce W a 0 cc a w 2 F— N l- a W U O U z QJ o H 1 W I H O U >- ce Q V Z w c Z a� J J W V Z w >- 0 Q N UNAUTORIZED USE IS STRICTLY PROHIBITED. COPYRIGHT Project Number 240002 CAD File Name Townhouse Master Plan Drawn By RWW Checked By RWW Sheet Name Lower Level Plan Sheet Number A3 Copyright R. Wayne Williamson, AIA Date: 1 /11124 Page 396 of 545 121'-6" Overall (Face of Stud) 18'-0" 12'70" 18'-4 1/2" 6'-1 3/4" 36'-11 3/4" 12'70" 18'-0" / / 5'.8" 8" 5'.8" / 18'-2„ / 8" / 18'-1 7/8" 8" 7/ 18'-0 5/8" / 5'-6 3/4" 10 1/2" 5'-8" / / 4'-2" 3'-1 1/2" / 1'-10" 3'-10" /I/ 3'-10" 1'-10" / 9'-2 1/2" /I/ Equal Equal / 9'-2 1/2" 9'-2 1/2" / 1'-10" 3'-8 3/4" 3'-8 3/4" 1'-10" / 3'-1 1/2" 4'-2" / / / f/ / / 4'-0" x 10'-6" SHED ROOF ABOVE 10'-6" f / / / 4'-0" x 10'-6" SHED ROOF ABOVE 10'-6" 7 4 - 4'-0" x 10'-6" SHED / ROOF ABOVE 10'-6" / / / / 7 / f / / / / / \ \ — ..®, C7 A \ • • • , • 1 60 •% 8 24x60 S.H. 24x60 S.H. - A8 o __ - Bath Bath • • Ba th - Bath _. i0 ' 9'-0" Cedin Ht. 9'-0" Ceiling Ht. M Header as Required% q (Typical) 0% g - - Header as Required (Typical) tJ. 60S 60 72x80 Slider :% 72x80 Slider U� 60 60 r •-4" 2-4E• r / M. . ivV iv\ 414® M.1n1. �I • . I' S' 6" m 18'-4'r 18r-4" m 5' 6' m Oven v > / > v � 1,1Emmi C o • m• • J I: © J• • m • Q Dining Rm. A8 3'-31/4"ih 3'-31/4" Dining Rm. J 3'31/4"�� °' 3'-31/4" Famil Rm. Family Rm. ' J Y 19'-0"ceiling I Kitchen 9'-0° Ceiling Ht. RI N Party Walls . , �� mq y Ht. Kitchen 0 4'-0" x 10'-6" �, _ 9'-0" Ceiling Ht. % • 9'-0" Ceiling Ht. Q _ m SHED ROOF 1 ABOVE 0— Ref. 0 �I IMM u, Ref. -6 - I iq = 0 rA) CA 4- I �- Flush VL Bea -- >, -- Flus� . 4'-0 r . 0 4'-0" N c Pantry/ I O O Pantry i�, ONr 112 Wall rn c LL 112 Wall Wood N • _ Wood 164 �' 1� Wall co r/ Cap wl 3'-2" 4'-0" CLEAR Si ' % - 4'-0" CLEAR 3'-2" N wl Cap - 4I® .. 12 Wall Wood O A - \ '�'� @ cap I — d 599 Sq. q Ft. ALIGN COU VTERS ' ' • I. ALIGN COUNTERS 599 S . Ft. q N �� i 1 Flush LV � w w0!!.... L Famil Rm.Famil Kitchen Rm.Y ��_Kitchenol 0 ��Y o Dining Rm. - Dining Rm. �, ,� 9'-0°ceiling Ht. 9'-0" Ceiling Ht. i 9'-0" Ceiling Ht. 9'-0° Ceiling Ht. ,° ze c - n -- io -� n - 9'-0" Ceiling Ht. 9'-0" Ceiling Ht. o o N • , n % • , N ti 16'-41/4" c; 4'-7" 2'-8 3/4" % 20'-1 1/4" 3'-8 3/4" 16' 4 1/4" ti 1 �— 1II D.W.• M.W.0 • . M.wJ L.w. D.w. 4 579 Sq. Ft. ! w- w j �w I 579 Sq. Ft. • -- \ �. 2x4 Bearing Wall41 Oven Oven wen ' \11 • • Down . 2x4 Bearing Wall % ' �� s Mechanical Soffit Stackable Mechanical Soffit Mechanical Soffit Stackab e Mechanical Soffit �` W& D W& D �/ co ' h I - c ki . It h ‘ a) o '1 q o v ' • — r / 0l4k .. C - - 0 o / 4r'0 � -tacble -WI Ref. ` Ref. Ref. �� �� 4'-0" r Mechanical Soffit Mechanical Soffit � _ /� i Stackable L W& D Mechanical Soffit Mechanical Soffit / Mechanical Soffit ' r 1 r W& D Lo Down •.41 q Ig ' I I I 2x4 Bearing Wall o 2x4 Bearing Wall + i M.WD 0 wok .w. �' ® 599 Sq. Ft. ®` ki 599 Sq. Ft. \ ® \ 599 Sq. Ft. • 579 Sq. Ft. oven wen 3'.:3/4" 20'-11/4" D.w. i - U 20-11/4 D.w. (Oven - U� : U - D.W. , ,1 20'-11/4" �� ; 4'-7". 16'-41/4" I i N IA —. a - -� D' n 4; c; i °y' ' Dining Rm. Dining Rm. 1 Dining Rm. M o o �- o o14 \ x Famil Y Rm. is Kitchen 9'-0° Ceilin Ht. GD Kitchen Kitchen 1 Family Y Rm. x `o �� 9-0 Ceilin Ht. �� 9 3 • 0 9'-0" Ceilin Ht. g �� `o =m1_ 1 qig 1l . o 9'-0" Ceilin Ht. g Flush LV = 9'-0" Ceiling Ht. 9'-0" Ceiling Ht. 9'-0 Ceiling Ht. VL Beam 9'-0" CeilingHt. c o 4LL o u- 579 Sq. Ft. • �� .11 ALIGN COUNTERS 1 ALIGN COUNTERS I ALIGN COUNTERS 111= • cn N -- l cp 1 �' 112 Wall O$ ALIGN CABINETS O$ ALIGN CABINETS ALIGN CABINETS O$ ' 112 Wall • wl Wood ® � ihk/ 0El 1 Wood o Cap ' / / Cap \ 112 Wall 3 .� 112 Wall 3 � - - \ Pantry Flush - - wl Wood ~ ��o wl Wood ~ ~ wl Wood �� L Bea i O _ I 51/2" y y 8'-2 1/2" Pantry � �� Note: �� �� `"' ' ;_ 1 1 �' o •, a P Party Walls to be Drywalled o \ o N 14 c„ N = ��- "' 4r-0" x 10'-6" En _ k Ref. o > > il �- Party Walls to be Drywalled Before Any �- Before Any Walls are Other Framed Attached �- ICou � > SHED ROOF ABOVE 4'-0" x 10'-6" 4 ►� Kitchen L• �, R 3'-3 1/4" 3' 3 1/4" Framed Walls are Attache • �- - _ '� Kitchen SHED ROOF 11 d Family Rm _ Family Rm. Family Rm. _ 3' 3 1/4" LI 9'-0" Ceiling Ht. 9'-0" Ceiling Ht., I Dining Rm. > I Dining Rm. ABOVE I QJ E • r a, 9'-0" Ceng Ht. • N • q r m • 9'-0" Ceiling Ht. m • 9'-0" Ceiling Ht. r 9'-0" Ceiling Ht. m -v • o • 9'-0" Ceding Ht. _- O° -( I I 18'-2 5r-6 cc 5'-6" 18'-4" cc 5'-6" J 18'-4 8" 18'-4" J 5' 6" cc 18'-2r �� ' M / M / _5'-6" I l.L Il Na I L.L I jii!'III r 'v i \ \•� • D.W. • 2'-4 v v 2'•4" ••D.W.Oven) % % I e N 72x80 Slider 2 -4 N 72x80 Slider 72x80 Slider N(-). % S.H. 36x60 .4R _ ..% `�. — \ \ �r- . % LVL Be — Header as Required (Typical) Bath Bath Header as Required (Typical) �' % 60 9 oBath "t g 24x60 S.H. o 9 oBath "t g 24x60 S.H. o 0 9 oBath "t g 24x60 SH 9' 0" Ceiling Ht. 24x60 S.H. M r' 1 .= _ ' \ \ 10'-6" 10 -6" 10' 6" 4'-2" 3'-1 1/2" 1'-10" 3'-10" 3'-10" 1'-10" 9'-2 1/2" Equal Equal 9'-2 1/2" 4'-0" x 10'-6" SHED ROOF ABOVE 4'-0" x 10'-6" SHED 9'-2 1/2" 1'-10" 3'-8 3/4" 3'-8 3/4" 1'-10" 3'-1 1/2" 4'-2" / / / 5'-8" 7 / 8" / 5'-8" / 7 18'-2" 8" / / 18'-1 7 7/8" 8" ROOF ABOVE / 18'-1 7/8" / / 5'-6 3/4" 10 1/2" / 5'-6 3/4" / 7 / 7 18'-0" / 12'-0" /'/ / 18'-4 1/2" / 6'-1 3/4" / 36'-11 /'/ 3/4" / 12'-0" / 18'-0" / / / / 121'-6" Overall (Face of Stud) / / / Main Level Plan Scale: 1/4" = 1'-0" NOTE: No Plumbing or Mechanical Equipment Allowed Within Party Walls GENERAL NOTES: 1. UNLESS NOTED OTHERWISE GLASS IN DOORS AND WINDOWS SHALL BE TEMPERED AS REQUIRED BY CODE. 2. ALL SUB -CONTRACTORS SHALL INSTALL ALL PRODUCTS IN ACCORDANCE WITH MANUFACTURERS RECOMMEDATIONS. UNLESS CLEARLY INSTRUCTED IN WRITING TO DO OTHERWISE. 3. IT IS THE RESPONSIBILITY OF THE PLUMBING, ELECTRICAL AND HVAC SUB -CONTRACTORS TO DESIGN/BUILD THEIR SYSTEMS AND ENSURE THAT THESE SYSTEMS MEET ALL CODES AND ARE INSTALLED AND OPERATING PROPERLY. 4. IT IS THE SUB -CONTRACTORS RSPONSIBILITY TO TAKE ALL NECESSARY PRECAUTIONS TO PROTECT MATERIALS FROM DAMAGE, MOISTURE BUILD-UP AND MOLD. 5. CONSTRUCTION MATERIALS REFENECED ON DRAWINGS ARE FOR SCHEMATIC PURPOSES, A FINISH SCHEDULE WITH FINAL SELECTIONS SHALL TAKE PRESIDENCE. 6. ELECTRICAL CONTRACTOR SHALL INSTALL CODE COMPLIENT SMOKE DETECTOR SYSTEM INCLUDING COMPONENTS NOT SHOWN ON PLANS. IF ADDITIONAL SMOKE DETECTORS ARE SHOWN IN LOCATIONS NOT REQUIRED BY CODE THESE SHALL BE IN ADDITION TO CODE REQUIRED UNITS. 7. MECHANICAL CONTRACTOR SHALL INSTALL VENT FANS IN EACH BATHROOM, AND ELECTRICAL CONTRACTOR SHALL WIRE TO WALL SWITCH. 8. ALL DIMENSIONS ARE TO FACE OF STUD UNLESS NOTED OTHERWISE. FRAMING NOTES: 1. ALL WALLS ARE 9'-1 1/8" UNLESS NOTED OTHERWISE. VERIFY CONDITIONS WITH TRUSS MANUFACTURER. 2. TRUSS MANUFACTURER IS RESPONSIBLE FOR ROOF TRUSSES, FLOOR TRUSSES, GARAGE DOOR HEADERS, AND ALL FLUSH BEAMS. EACH IS TO BE DESIGNED AND CERTIFIED BY AN ENGINEER, LICENSED IN THE STATE & JURISDICTION OF CONSTRUCTION, FOR ALL DEAD LOADS & LIVE LOADS. SIZES SHOWN ON PLANS ARE FOR BIDDING PURPOSES AND SHALL BE SUPERCEDED BY CERTIFIED ENGINEERED SIZES. 3. ALL EXTERIOR WALLS SHALL BE CONSTRUCTED FROM 2 X 6S @ 16" O.C. INTERIOR WALLS SHALL BE CONSTRUCTED FROM 2 X 4S @ 16" O.C. UNLESS NOTED OTHERWISE 4. PLUMBING WALLS SHALL BE 2 X 6 AS REQUIRED. 0 0- 0 CD ca LL 0 >- ce W a 0 cc a w 2 1— N H a W U O U z aJ o H 1 W I H O U >- av cc O w co Z a� J J W W V Z w H O Q UNAUTORIZED USE IS STRICTLY PROHIBITED. COPYRIGHT Project Number 240002 CAD File Name Townhouse Master Plan Drawn By RWW Checked By RWW Sheet Name Main Level Plan Sheet Number A4 Copyright R. Wayne Williamson, AIA Date: 1 /11124 Page 397 of 545 n 1L1 -u VVG, au V aVa #1 VLUYJ / 18'-0" 12'-0" 18'-4 1/2" 6'-1 3/4" 36'-11 3/4" 12'-0" 18'-0" / / 10'-2 1/2" 2'-5" / 5'-4 1/2" 5'-6 3/4" 10 1/2" 5'-6 3/4" 8'-3" 9'-11" / 8" 8'-2 7/8" 9'-11" 8" 9'-11" 8'-2 7/8" 5'-8" 8" 5'-8" / 5'-4 1/2" 2'-5" 10'-2 1/2" / / 4'-2" / 3'-1 1/2" 1'-10" / 1'-10" 5'-0" 8'-6" 4'-10 1/2" / Equal Equal 5'-0" 8'-6" 10'-I" 8'-6" 5'-0" 1'-10" // 1'-10" / 3'-1 1/2" 4'-2" / / / / / / NCO / / / / / —, \ . iM -' \ \ • - Na \\I= 1 •1 24x60 S.H. 24x60 S.H. 61 S.H. 8 Header as Requi ed (Typica I N i+, 0A 5op 8 i•7 Girder Truss A8 - - - - \ \ 1 55'-4" Overall (Face of Stud) \ 11'-5 3/4" L 2'-5" L 9'-9 1/4" \ • ,1 ,, 36x60 S.H. ,1 61 61 61 61 61 ` 61 Bedroom #2 :-• :-• / Rod &1Sh Rod & 1 Sh 4,._ .. _ . • •• •• Rod & 1 Sh .- . ro - _ I Bedroom 9'-0"CeilingHt. 0 Bedroom9'-0" -Bedroom 4 \ - MasterBedroom \ - :-• •• - :-• •• / I 0�, I i• 11-21 i j \ • 1 / M • 1 •Ht. 0 / -- 1 • 1 \ 9 1' 1• ‘ I Ceiling Ht. I 9'-0" Ceiling Ht. / k �F151® 1 1._ 2'-4 3l4" 11'-2 3/4" 1 1 N 1 ,1 ,81 2'-4" 15'-11 1/4" ' ©_ Slope Closet .. Floor as • ..; 4 599 Sq. Ft. 1599 _ 599 Slope Closet Floor as .- © ' • Stair Headroom _ �- : ,.Headroom 2' 4" - 2' 4" \_����� 1 - - - ���,\� Rod 8� h' 1 Rod & �t�elf'? - iShlel 1/2". 3'-4 1/2" 3'-5 /2" 5'-11 3/4" = 3'-8 3/4" $ 10'-2 O 1 /4" : 3/4" 1 1 © 3'-8 3/4" = 3'8 3/4" ) ._7'-1 _ ._ ?z,i, ;1 ; v •� M 1 11'-5 3/4" 2'- - ill • •orner Shower N ` CD N N , , to 112 Wall `"' 1 i' 1/2 Wall w/ � i ifs ' wl Wood vWood Wood Cap Cap 1 : ` l �� e c• C) : 4 2' 4" 2' 4" /\50"/\ � /�50 2'-4" i,_..ih Do n ®I 1 Rod & 1 Shelf 1 Rod & 1 Shelf 1 Rod & 1 Shelf i� D. n _ J : I _ - 1 3'-8 3/4" 3'-7 1 /2" 6'-6 3/4" o-1 : o-j --- 6'-6 3/4" 3' 7 1 /2" 3'-8 3/4" 1'-8 1 /2" 11'-51 /2" l in ME 3 i - � - �' ►e v v .� ����� -- � Master Bedroom Master Bath '-3114" 3'-3112" � ° 3 1l4' 3'-3112" ° ° V - 1 ° � - Bath _ Master Bedroom g'-o° Ceilin Ht. 9'-0" Ceiling Ht. '' Master Bath ' • IMI Master Bath Master Bath Down 1 , g'-a' Ceilin Ht. = v a 7 v0! WI N 9 �-� H �O 9' 0" Ceiling Ht. M M H �� 1 ,_ q o 0 9'-0" Ceng Ht. q o 0 q q o 9'-0" Ceiling Ht. 0 - N ckab e o tackabl •tW& 26" Min. ' 36x36 Showe "' 36x36 Showe ) `' M �6x36 Shower eo M Wall Space 1 . • 1 , Dl pl M N \ 1. 1 . ' 26" Min. 1 -'4 Wall Space ad• - aV,L J �j+T-�� .C, 1�1 aC,� J 'U. ip II °D o0 \\\_ _ o___���_ 9'-9 1/4" L 2'-5" L 11'-5 3/4" '1 __ 1 2'-5" 11'-5 3/4" ilo _ 2" Mi ao N tackableIT-- es I �tackabl- ii. a i 426" Min. Wall Space N 36x36 Showe 36x36 Showe �6x36 Shower �., 0 Wall Space p W& D W& D 0v __--- M M O M .- O M "v M 0 q ch t ckable & D ,i, '' 1�1 q Master Bath l0 • • • I I ____ Master Bath�"q I ' • u, Master Bath 0 Master Bath Bath Master Bedroom "' MM _ 3'3 1/4" 3' 3 1/2" '" Ceiling Ht. M � M '° Ceiling Ht. M aster Bedroom g'-o° Ceiling Ht. , 1 Ceiling Ht. e„ 9'-0" Ceiling Ht. ° J —'- ° ° ° 9'-0" Ceiling Ht. —_ J 2,-4„ �+,� - N 1,/2" - ;8 15'-111/2" JJ 2'-4" .11 _ 11'-51/2" 10'-6" • - — — — — — : — — - - — — — — : -_ - — — — — — — I 9 - Dovun in —I Bath Dawn O$ 1 Rod & 1 Shelf 1 Rod & 1 Shelf 1 Rod & 1 Shelf /o C I_ . - © 5' 0"\� I.7 ��� � 9'0" Ceiling Hk , -- c. g n ih 2, 4„ O 2' 4" O$ O4. 112Wa1 Wood ih 112Wallw/ M is «. • 1. , 1 wl -Wood p O . • co io � ' kl Corner • N /\ ' /\ N N N / / ■ , _ ath g 1� w. 4 1 Rod & 1 ShelfCM 3'-8 3 4" 10' 1/4" • 3/4"_ O$ 10'-2 1/4" 1 3'-4 1/2" — — 7-1 1/2"— — _ ___ ilia \ �imi 1 Shelf Li � Attic _ � _ _ _ _ _ _ _ � _ T. 2'-4„ 599 Sq. Ft. • • • 1 • ess -r- I I I I �cII 2'-4 3/4" 9' 11 " • 10'-2 1/2" b' 579 Sq. Ft. Slope Closet Floor as 579 Sq. Ft. . Required for Proper //1/ 1 Rod & 1 S \ 9'-0" Ceiling Ht. 1 Rod & 1 S 6'- \ - Bedroom Master Bedroom / 1Rod &1S t c / Bedroom #2 Master Bedroom Bedroom #2 1 _ 0.5 - 1 / • , / ; - • • • ' 1 g'-o" Ceiling Ht. Bedroom \ 1 _ o 9'-0" Ceiling Ht. \ .I �I- • � / Bedroom PI • 1 • ' 1 • I\�__�� \ 61 61 S.H. Girder Truss Girder Truss 36x60 S.H. 36x60 S.H. Girder Truss 36x60 S.H. I 36x60 S.H. 36x60 Girder Trus Girder Truss 61 S.H. / 36x60 S.H. il h • . i, 60 1 M 61 S.H. 24x60 .: I = 4'-2" 3'-1 1/2" 1'-10" 1'-10" 5'-0" 1 i 10'-0" 5'-0" 1'-10" 1'-10" 3'-1 1/2" 4'-2" / / 10'-2 1/2" 2'-5" 5'-4 1/2" 5'-8" 8" 5'-8" 8'-3" 9'-11 " 8" 8'-2 7/8" 9'-11 " 8" 9.11 " 8'-2 7/8" 5'-8" 8" / 5'-8" / / 5'-4 1/2" 2'-5" 10'-2 1/2" / / / 18'-0" / /I 12'-0" 18'-4 1/2" / 6'-1 3/4" / /I 36'-11 3/4" 12'-0" /I/ / 18'-0" / / / / 121'-6" Overall (Face of Stud) / / Upper Level Plan A5 Scale: 1/4" = 1'-0" NOTE: No Plumbing or Mechanical Equipment Allowed Within Party Walls GENERAL NOTES: 1. UNLESS NOTED OTHERWISE GLASS IN DOORS AND WINDOWS SHALL BE TEMPERED AS REQUIRED BY CODE. 2. ALL SUB -CONTRACTORS SHALL INSTALL ALL PRODUCTS IN ACCORDANCE WITH MANUFACTURERS RECOMMEDATIONS. UNLESS CLEARLY INSTRUCTED IN WRITING TO DO OTHERWISE. 3. IT IS THE RESPONSIBILITY OF THE PLUMBING, ELECTRICAL AND HVAC SUB -CONTRACTORS TO DESIGN/BUILD THEIR SYSTEMS AND ENSURE THAT THESE SYSTEMS MEET ALL CODES AND ARE INSTALLED AND OPERATING PROPERLY. 4. IT IS THE SUB -CONTRACTORS RSPONSIBILITY TO TAKE ALL NECESSARY PRECAUTIONS TO PROTECT MATERIALS FROM DAMAGE, MOISTURE BUILD-UP AND MOLD. 5. CONSTRUCTION MATERIALS REFENECED ON DRAWINGS ARE FOR SCHEMATIC PURPOSES, A FINISH SCHEDULE WITH FINAL SELECTIONS SHALL TAKE PRESIDENCE. 6. ELECTRICAL CONTRACTOR SHALL INSTALL CODE COMPLIENT SMOKE DETECTOR SYSTEM INCLUDING COMPONENTS NOT SHOWN ON PLANS. IF ADDITIONAL SMOKE DETECTORS ARE SHOWN IN LOCATIONS NOT REQUIRED BY CODE THESE SHALL BE IN ADDITION TO CODE REQUIRED UNITS. 7. MECHANICAL CONTRACTOR SHALL INSTALL VENT FANS IN EACH BATHROOM, AND ELECTRICAL CONTRACTOR SHALL WIRE TO WALL SWITCH. 8. ALL DIMENSIONS ARE TO FACE OF STUD UNLESS NOTED OTHERWISE. FRAMING NOTES: 1. ALL WALLS ARE 9'-1 1/8" UNLESS NOTED OTHERWISE. VERIFY CONDITIONS WITH TRUSS MANUFACTURER. 2. TRUSS MANUFACTURER IS RESPONSIBLE FOR ROOF TRUSSES, FLOOR TRUSSES, GARAGE DOOR HEADERS, AND ALL FLUSH BEAMS. EACH IS TO BE DESIGNED AND CERTIFIED BY AN ENGINEER, LICENSED IN THE STATE & JURISDICTION OF CONSTRUCTION, FOR ALL DEAD LOADS & LIVE LOADS. SIZES SHOWN ON PLANS ARE FOR BIDDING PURPOSES AND SHALL BE SUPERCEDED BY CERTIFIED ENGINEERED SIZES. 3. ALL EXTERIOR WALLS SHALL BE CONSTRUCTED FROM 2 X 6S @ 16" O.C. INTERIOR WALLS SHALL BE CONSTRUCTED FROM 2 X 4S @ 16" O.C. UNLESS NOTED OTHERWISE 4. PLUMBING WALLS SHALL BE 2 X 6 AS REQUIRED. 0 l0 Z u_ Ov �LU I- ce _ w d ce oQ ce a Z WO H 2 tn 'Cr J_ d w w 0 Q J 1— x U >- 0 U w Z w H U w H 0 0- co UNAUTORIZED USE IS STRICTLY PROHIBITED. N N O COPYRIGHT H U w H x U re z 0 U) >- >- co J J w Z Project Number 240002 CAD File Name Townhouse Master Plan Drawn By RWW Checked By RWW Sheet Name Upper Level Plan Sheet Number A5 Copyright R. Wayne Williamson, AIA Date: 1 /11 /24 Page 398 of 545 co N 0 Heel ▪ Elev.: 131'-11 7/8" Truss Bearing ▪ Elev.: 130'-8 7/8" 1x8 Composite Fascia Board - Color 3 12 6 aii1 12 6 iil��mt il k 114ir I I 11 �I II I II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II 1 x6 Composite—' Trim Band - Top of Window Color 3 � Elev.: 128'-3 3/4" - \ Upper Level Elev.: 121'-7 3/4" \ Top of Plate Elev.: 119'-11" 1x6 Composit Trim Band - Top of Window olor 3 Elev.: 117'-5 7/8" 0 Aluminum Deck Designed by Manufacturer, Equal to Classic Industries AlumaDeck Main Level Elev.: 110'-9 7/8" co \ Top of Plate Elev.: 109'-1 1/8" CO 5" Lap Composite Siding - Color 1 ▪ Lower Level Elev.: 100'-0" 1x6 Composite Trim Board - Color 3 Stone Cap Brick Veneer Grade ▪ Bottom of Footing Elev.: 95'-4" MATERIAL NOTES 1. IT IS THE SUB -CONTRACTORS RSPONSIBILITY TO TAKE ALL NECESSARY PRECAUTIONS TO PROTECT MATERIALS FROM DAMAGE, MOISTURE BUILD-UP AND MOLD. 2. CONSTRUCTION MATERIALS REFENECED ON DRAWINGS ARE FOR SCHEMATIC PURPOSES, A FINISH SCHEDULE WITH FINAL SELECTIONS SHALL TAKE PRESIDENCE. FLASHING TO BE INSTALLED 1. AT ALL ROOF AND WALL INTERSECTIONS. 2. WHEREVER THE IS A CHANGE IN ROOF SLOPE OR DIRECTION. 3. AROUND ALL ROOF OPENINGS. f1x6 Composite 5" Lap Composite Siding - Color 1 1x4 Composite Window Trim 5" La s Com s osite Sidin • - Color 1 1x6 Composite Window -Trim aand—Dior 3 1x4 Composite Window Trim, Angle Sill - Color 3 Aluminum Deck Designed by Manufacturer, Equal to Classic Industries AlumaDeck 1x4 Com sosite Door Trim - Color 5" Lap Composite Siding - Color 1 Band - Color 3 1x4 Composite Window Trim 5" La s Com s osite Sidin • - Color 1 1x6 Composite ICE PROTECTION 1. A SELF -ADHERING POLYMER MODIFIED BITUMEN SHEET EXTENDED FROM THE EAVE'S EDGE TO A POINT NOT LESS THAN 24" INSIDE THE EXTERIOR WALL LINE OF THE BUILDING, AND 24" ON EACH SIDE OF EVERY VALLEY. ROOF DRAINAGE 1. COLLECT AND DISCHARGE ALL ROOF DRAINAGE TO GRADE AT LEAST 5'-0" FROM FOUNDATION WALLS OR TO AN APPROVED DRAINAGE SYSTEM. ROOF DESIGN 1. VERIFY ALL TRUSS BEARING ELEVATIONS AND HEEL HEIGHTS - THESE MAY NOT REMAIN THE SAME. 2. WALL HEIGHTS AT RAFTERED AREAS MAY NEED TO BE ADJUSTED UP OR DOWN TO MATCH HEELS AND TRUSSED AREAS SO FASCIA LINES ARE MAINTAINED, VERIFY HEIGHTS WITH TRUSS MANUFACTURER. ROOF VENTILATION 1. PROVIDE RIDGE VENTS AND SOFFIT VENTS AS REQUIRED BY CODE. \ Heel Elev.: 131'-11 \ ▪ Truss Bearing Elev.: 130'-8 7, co 1x6 Corn u? Band - "' Top of Windo ▪ Elev.: 128'-3 3 0 0 M 09 0▪ 0 0 1x8 Fas Col Upper Level Elev.: 121'-7 3 ▪ Top of Plate Elev.: 119'-11j' T Top of Wind Elev.: 117'-5 7 Alum Desig Manu Equal Indus Alum ▪ Main Level Elev.: 110'-9 7 Top of Plate ▪ Elev.: 109'-1 1 5" L Sidi 1x6 Boa Lower Level Elev.: 100'-0" Side Elevation A7 Scale: 1/4" = 1'-0" 1x8 Composite Fascia Board - Color 3 1x6 Composite Trim Band - Color 3 1x6 Composite Trim Band - Color 3 Aluminum Deck Designed by Manufacturer, Equal to Classic Industries AlumaDeck 5" Lap Composite Siding - Color 1 1x6 Composite Trim Board - Color 3 Stone Cap Brick Veneer Grade ii -1F-1F-IF-T-T-IF-IF-IF-T-T-IF-IF-IF-T-T-IF-IF-IF-T-T-IF-IF-IF-T-T-IF-IF 'I . I IM4aniiiiiialialial II 1 I I I I I I I I F��II.s-l7 I II I I II II I I I II II I I II II II I I II II II I I II II II I I II II II I I II II II I I II II II I I II II \ I I I L ����� Composite Fi la I I 0 0 I I I 0 0 I I I 0 0 I I I 0 0 I I I 0 0 I I I 0 0 I I I 0 0 I I I 0 0 I I I 0 0 I I 1 1 1 1x8 Composite r I I I I I I I I I I I I I I I 1 II 1 II 1 II II I II 1 II 1 II II I II 1 II 1 II II II \ yyyyyy � �� ,cia Board - „Ai mg es �- 0 1 11 1 0 0 1 I I 0 0 I I III 0 0 I 11 1 0 0 1 I I 0 0 I I III 0 0 I 11 1 0 0 1 I I 0 0 I I III 0 0 I I I Fascia Board - or 3 I�YI IHYI I�YI IHYI IHHI I�YI IHYI IHHI I�YI IHHI I�YI IHYI IHHI IHHI IHHI IHHI IHH \ Color 3 1 HHHHH HH1 i , yIHIHEAL ] ] i ] 0 ] ] 0 ] 1 ] ] 1 I 1 1 7/8" 1+ & I AarAN 18" Trim R 1x6 Composite posite :olor 3 1x6 Composite Trim Band - Window Trim Color 3 w 14" Band - Color 3 1x4 Composite Window Trim Band - Color 3 1x4 Composite Window Trim, Angle Sill - Color 3 /4" x6 Composite rim 1x6 Composite rim Band - Band - Color 3 Trim Band - olor 3 N / Color 3 /8" Aluminum Deck Designed 1x4 Composite ► by Manufacturer, Equal to — 1x4 Composite inum Deck Window Trim Classic Industries Window Trim Aluminum Deck FAlumaDe ned by an -Color 3 ck Band - Color 3 Designed by facturer, Manufacturer, Equal to Classic — e e e e toClassic Industries tries JHHHWuuuu L JHHHHHHHHI ; AlumaDeck aDeck r lnnnn inn �nnn�lnnn 18" 18" f1x6 Composite Trim 1x6 Composite Board - Color 3 5" Lap Composite Siding - Color 1 5" Lap Composite Siding - Color 1 Trim Board - Composite — Color 3 ap 5" Lap ig - Color 1 Composite Siding - Color 1 Composite Trimi x Composite •d - Color 3 Trim Board - Color 3 Stone Cap Stone Cap Brick Veneer — — Brick Veneer Grade —/ Bottom of Footing ▪ Elev.: 95'-4" Grade w z '4C co a� W � J U I I r 21 0 CD 0 Z u_ O~ wv d ce Oa d z W O to — J a W W C.) O Q J I- 2 CD a >- U ce W z W I— U W I— O ce a co UNAUTORIZED USE IS STRICTLY PROHIBITED. N N O COPYRIGHT I— U W I- 2 U re z O U) J J_ W Z Q >- co N r-- 0o r` _) M CD i C.) 0 Iii 725 ca Project Number 240002 CAD File Name Townhouse Master Plan Drawn By RWW Checked By RWW Sheet Name Exterior Elevations Sheet Number Side Elevation A7 Scale: 1/4" = 1'-0" A7 Copyright R. Wayne Williamson, AIA Date: 1 /11 /24 Page 400 of 545 Double Top Plate Overlaps at Corners to Lock Two Walls Together Typical Corner Framing At Top Plate Scale: 3/4" = 1'-0" Extra Stud Added Perpendicular to Corner Stud Provides Nailing at kj) side Corner & Allows Space for Thick Insulation at Corner Sole Plate Studs @ 16" O.C. (Typical) kl 11 Typical Corner Framing At Sole Plate Scale: 3/4" = 1'-0" 1/2" OSB sheathing 1" XPS Cont. Insul. with taped or sealed joints (Min. R5) Continuous Weather Barrier Composite Siding Trim Boards 2x6Studs @16"O.C. 5 1/2" Batt Insulation or Spray Foam Insulation for Min. of R-21 5/8" Type 'X' Gyp. Bd. J Typical Corner Framing Plan Scale: 3/4" = 1'-0" MATERIAL NOTES 1. IT IS THE SUB -CONTRACTORS RSPONSIBILITY TO TAKE ALL NECESSARY PRECAUTIONS TO PROTECT MATERIALS FROM DAMAGE, MOISTURE BUILD-UP AND MOLD. 2. CONSTRUCTION MATERIALS REFENECED ON DRAWINGS ARE FOR SCHEMATIC PURPOSES, A FINISH SCHEDULE WITH FINAL SELECTIONS SHALL TAKE PRESIDENCE. FLASHING TO BE INSTALLED 1. AT ALL ROOF AND WALL INTERSECTIONS. 2. WHEREVER THE IS A CHANGE IN ROOF SLOPE OR DIRECTION. 3. AROUND ALL ROOF OPENINGS. ICE PROTECTION 1. A SELF -ADHERING POLYMER MODIFIED BITUMEN SHEET EXTENDED FROM THE EAVE'S EDGE TO A POINT NOT LESS THAN 24" INSIDE THE EXTERIOR WALL LINE OF THE BUILDING, AND 24" ON EACH SIDE OF EVERY VALLEY. ROOF DRAINAGE 1. COLLECT AND DISCHARGE ALL ROOF DRAINAGE TO GRADE AT LEAST 5'-0" FROM FOUNDATION WALLS OR TO AN APPROVED DRAINAGE SYSTEM. ROOF DESIGN 1. VERIFY ALL TRUSS BEARING ELEVATIONS AND HEEL HEIGHTS - THESE MAY NOT REMAIN THE SAME. 2. WALL HEIGHTS AT RAFTERED AREAS MAY NEED TO BE ADJUSTED UP OR DOWN TO MATCH HEELS AND TRUSSED AREAS SO FASCIA LINES ARE MAINTAINED, VERIFY HEIGHTS WITH TRUSS MANUFACTURER. ROOF VENTILATION 1. PROVIDE RIDGE VENTS AND SOFFIT VENTS AS REQUIRED BY CODE. STAIR NOTES 1. MINIMUM STAIR RUN 10" MAXIMUM STAIR RISE 7 3/4" MINIMUM HEAD ROOM 6'-8" HANDRAIL NOTES 1. ALLOWABLE HANDRAIL HEIGHTS: 34" - 38" 2. HANDRAILS MAY ENCROACH WIDTH OF STAIRS BY 4 1/2" MAXIMUM. 3. HANDRAIL CROSS SECTION: 1 1/4" - 2 5/8" 4. HAND RAILS REQUIRED ALONG STAIRS WITH 2 OR MORE TREADS. Upper Level Top of Sub -floor Handrail on One Side of Stair a) y v CO N- Main Level 2"l Top of Sub -floor '(I'Ij 20" Floor Trus Handrail on One Side of Stair a) co co 2" 10" Run Lower Level Top of Slab 15 Treads @ 10" = 12'-6" 15 Treads @ 10" = 12'-6" L Low Wall with Wood Cap Landing Duct Chase M 2" 3.2 1/4" Landing Landing 2" 3'-2 1/4" Landing Stair Section Scale: 1/2" = 1'-0" Duct Chase 16 Risers @ 7.64" = 10'-2 1/4" N- • Co ti Co ti 0 C) 9 0 C) DUTCH GABLE - SEE ELEVATION Upper Level Top of Sub -floor 20" Floor Trus Main Level Top of Sub -floor 20" Floor Trus Lower Level Top of Slab LINE OF ICE PROTECTION 12 6V LINE OF ICE PROTECTION DUTCH GABLE - / SEE ELEVATION —1 Landing 3'-9 3/4" Landing Winder stair Landing 3'-3 3/4" Landing 12 61/iu 12 \I6 DUTCH GABLE SEE ELEVATION f1- 12 6I/ 12 J6 DUTCH GABLE SEE ELEVATION NOTE: DRAFT STOP - SEE TYPICAL PARTY WALL DETAILS 12 6 w it CO NOTE: DRAFT STOP - SEE TYPICAL PARTY WALL DETAILS 12 .N6 RIDGE 12 \I6 Csl I--NiNOTE: DRAFT STOP - SEE TYPICAL PARTY WALL DETAILS J rr PLYWOOD DOOR WITH SPRING HINGES & ROPE PULL NOTE: DRAFT STOP - I SEE TYPICAL PARTY WALL DETAILS A6 12 N N N N N N N Fr /--• PLYWOOD DOOR WITH / SPRING HINGES & ROPE PULL NOTE: DRAFT STOP - SEE TYPICAL PARTY WALL DETAILS 1- JQ' w it 6L Q6 12 PLYWOOD DOOR WITH SPRING HINGES & ROPE PULL haFNOTE: DRAFT STOP - I SEE TYPICAL PARTY WALL DETAILS 162 DUTCH GABLE - / 4 SEE ELEVATION 126 J Upper Level Top of Sub -floor 20" Floor Truss N Handrail on One Side of Stair 10" Run N N N N 9 Treads @ 10" = 7'-6" Lower Level Top of Slab 6'-8" Cli Main Level \ Top of Sub -floor 0" Floor Truss Handrail on One Side of Stair 10 Treads @ 10" = 8'-4" 2" Stair Section Scale: 1/2" = 1'-0" N kr Fr — CA CD V L m U1 N- @' Water & Ice Sheild Saw Cut Roof Deck Roof Truss Cut 2x10 Fire Blocking Thermal Insul. 2 Layers 5/8" Type 'X' Gyp. Bd. Fire Blocking/Safing 2 Layers of 5/8" Gyp. Bd. Each Side 2x4 Framing @ 16" O.C. wl Sound Batt Insul. 1" Air Space 1" Air Space 2x4 Framing @ 16" O.C. wl Sound Batt Insul. 2 Layers of 5/8" Gyp. Bd. Each Side Sealant 3/4" Plywood Subfloor Sound Batt Insul. 1" Shaft Liner Panel Trusses 5/8" Gyp. Bd on R.C. 1" Air Space 2x4 Framing @ 16" O.C. wl Sound Batt Insul. 2 Layers of 5/8" Gyp. Bd. Each Side L_ 12 J`r INE OF ICE PROTECTION NOTE: DRAFT STOP - SEE TYPICAL PARTY WALL DETAILS • PLYWOOD DOOR WITH / SPRING HINGES & ROPE PULL IFNOTE: DRAFT STOP - I SEE TYPICAL PARTY WALL DETAILS �...12 6 LINE OF ICE PROTECTION 12 Q6 DUTCH GABLE SEE ELEVATION —� 5/8" Gyp. Bd. Fire Blocking on 1 Side of Draftstop Truss At Intermediate Roof Manufactured Attic Access Hatch: Battic Door, E-Z Hatch Attic Access Door 22"x30" (R-50) or equal Sealing Gasket EPS Insulation Prefinished Wood Face R-49 Blown -in insulation Plywood Frame/Insulation At Dam as part of Attic Do Intermediate Unit Floors At Lower Level Floor Slab UL Test Reference: U305 Party Wall Detail Roof Trusses @ 24" O.C. I I II 'I I I � I I I� I I I I 11 II II I III II II IIII r I I 11 II I „ ., .. 2 Layers of 5/8" Type 'X' Gyp. Bd. Trim Frame with Gaskets on Back as part of Attic Door Unit - Paint to Match Ceiling 2 Layers of 5/8" Type 'X' Gyp. Bd. - Glue to Manufactured Attic Access with construction adhesive & paint A8 Scale: 1/2" = 1'-0" Section at Attic Access Scuttle Scale: 1 1/2" = 1'-0" NOTE: No Plumbing or Mechanical Equipment Allowed Within Party Walls Fiberglass Shingles over Min. #15 Felt Roofing Contractor to Install Ice & Water Shield From Fascia to 2'-0" Inside Exterior Wall 9/32" 40/20 CDX Plywood or OSB T&G or with H Clips Insulation Baffles as Required Heel Height Elev.: 131'-11 7/8" Continuous S Truss Bearing , \ Elev.: 130'-8 7/8" co Aluminum Drip Edge Continuous \ Composite Fascia 2"x4" Outlookers Continuous Vented Soffit Continuous Composite Frieze Board 1/2" OSB sheathing 1" XPS Cont. Insul. with taped or sealed joints (Min. R5) Continuous Weather Barrier Composite Siding s Upper Level Floor Elev.: 121'-7 3/4" s Upper Level Floor 1/2" OSB sheathing 1" XPS Cont. Insul. with taped or sealed joints (Min. R5) Continuous Weather Barrier Composite Siding Main Level Floor Elev.: 110'-9 7/8" 1/2" OSB sheathing 1" XPS Cont. Insul. with taped or sealed joints (Min. R5) Continuous Weather Barrier Composite Siding Note: Masonry Contractor Shall Install All Masonry Per Brick Industry Association Guidelines Including Proper Quantity and Location of Control Joints Stone Cap 1/2" OSB sheathing 1" XPS Cont. Insul. with taped or sealed joints (Min. R5) Continuous Weather Barrier 1" Air Space King Sized Brick Veneer with Ties @ Self Adhering Waterproof Membrane Flashing by Masonry Contractor 2" Long Sash Cord Weeps @ 24" 0.C. Lower Level Floor Self Adhering Waterproof_1111 Membrane Flashing by Carpentry Contractor 1/2" Rigid Insulation by Carpentry Contractor Bottom of Footing 12 Roof Trusses, Spacing & Engineering by Truss Manufacturer ti Pneumatically Placed Insulation (R49 Min.) 2 Layers of 5/8" Type X Gyp. Board (1 Hour) Contractors Option - 1 Layer 3/4" Ultracode Roof Truss Hold Down Clips Supplied & Installed by Truss Contractor Batt Insulation or Spray Foam Insulation for Min. of R-21 5/8" Type X Gyp. Board Contractor's Option: Provide BIBS System With a Min. R-23 & Eliminate Continuous Insulation Board Finish Flooring 3/4" T&G OSB Subfloor, Glue & Screw LP Rim Board Spray Foam Box Sill (R20 Min) .73 20" Deep Open Web Floor Trusses, Spacing & Engineering by Truss Manufacturer 5/8" Type X Gyp. Board ( 1 Hour) Double Top Plate Batt Insulation or Spray Foam Insulation for Min. of R-21 5/8" Type X Gyp. Board Finish Flooring 3/4" T&G OSB Subfloor, Glue & Screw LP Rim Board Spray Foam Box Sill (R20 Min) 20" Deep Open Web Floor Trusses, Spacing & Engineering by Truss Manufacturer 1/2" Resilient Channels 5/8" Type X Gyp. Board ( 1 Hour) Double Top Plate Batt Insulation or Spray Foam Insulation for Min. of R-21 5/8" Type X Gyp. Board .73 Co 2"x6" Pressure Treated Sill Plate Set on Sill 1/2" Rigid Insulation Bon Break by Flatwork Contractor Finish Flooring 4" Concrete Floor Slab _4" Compacted G anular Fill 10" Concrete Foundation Wall 2" Cont. Rigid Foundation Insulation 20" Wide x 12" High Footing with 2 - #4 Typical Wall Section Bars (Cont.) co 440_ s_ (LI LLI 500_ op CD cc 0-1 o cn cc ce cn UNAUTORIZED USE IS STRICTLY PROHIBITED. COPYRIGHT ce 0 cn co >- <C z w o w ce ricc 0 rD Project Number 240002 CAD File Name Townhouse Master Plan Drawn By RWW Checked By RWW Sheet Name Stair & Wall Sections & Details Sheet Number A8 Copyright R. Wayne Williamson, AIA Date: 1/11124 Page 401 of 545 Page Bottom Design No. U305 Design No. U305 BXUV.U305 Fire -resistance Ratings - ANSI/UL 263 UNITED STATES GYPSUM CO — Type AR (finish rating 24 min), Type SCX (finish rating 24 min), Type SGX (finish rating 24 min), Type C (finish rating 24 min), Type WRX (finish rating 24 min), Type WRC (finish rating 24 min), Type IP-X1 (finish rating 24 min), Type IP-X2 (finish rating 24 min), Type SHX (finish rating 24 min), Type FRX-G (finish rating 24 min), Type IP-AR (finish rating 24 min), Type IPC-AR (finish rating 24 min) USG BORAL ZAWAWI DRYWALL L L C SFZ — Types C, SCX 5B. Fiber, Sprayed* — (Not Shown - Not for use with Item 6) — As an alternate to Batts and Blankets (Item 5) and Item 5A - Spray applied cellulose insulation material. The fiber is applied with water to interior surfaces in accordance with the application instructions supplied with the product. Applied to completely fill the enclosed cavity. Minimum dry density of 4.3 pounds per cubic ft. NU -WOOL CO INC — Cellulose Insulation 5C. Batts and Blankets* — Required for use with resilient channels, Item 7, 3 in. thick mineral wool batts, friction - fitted to fill interior of wall. 14E. Gypsum Board* — (For use with Item 14A) — 5/8 in. thick, 4 ft wide, applied vertically over Mineral and Fiber Board (Item 14A) with vertical joints located anywhere over stud cavities. Secured to mineral and fiber boards with 1- 1/2 in. Type G Screws spaced 8 in. OC along edges of each vertical joint and 12 in. OC in intermediate field of the Mineral and Fiber Board (Item 14A). Secured to outermost studs and bearing plates with 2 in. long Type S screws spaced 8 in. OC. Gypsum Board joints covered with paper tape and joint compound. Screw heads covered with joint compound. Finish Rating 30 Min. AMERICAN GYPSUM CO — Type AG-C Through -penetration Firestop Systems UL System No. W-L-2486 F Ratings - 1 & 2 Hr (See Items 1 and 2) T Ratings - 0, 1 & 2 Hr (See Items 1 and 2) ,1A SECTION A -A 1. Wall Assembly - The 1 or 2 h fire -rated gypsum board/stud wall assembly shall be constructed of the materials and in the manner specified in the individual U300, U400 or V400 Series Wall and Partition Designs in the UL Fire Resistance Directory and shall include the following construction features: A. Studs - Wall framing may consist of either wood studs or steel channel studs. Wood studs to consist of nom. 2 by 4 in. (51 by 102 mm) lumber spaced 16 in. (406 mm) OC. Steel studs to be min. 2-1/2 in. (64 mm) wide and spaced max. 24 in. (610 mm) OC. B. Gypsum Board* - 5/8 in. (16 mm) thick, 4 ft (122 cm) wide with square or tapered edges. The gypsum board type, thickness, number of layers, fastener type and sheet orientation shall be as specified in the individual Wall and Partition Design. Max. dia. of opening is 4 in. (102 mm). The hourly F & T ratings of the firestop system are equal to the hourly fire rating of the wall assembly in which it is installed unless noted otherwise. 2. Through Penetrants - One nonmetallic pipe to be installed either concentrically or eccentrically within the firestop system. Pipe to be rigidly supported on both sides of wall assembly. The following types and sizes of nonmetallic pipes may be used: A. Polyvinyl Chloride (PVC) Pipe - Nom. 2 in. (51 mm) dia. (or smaller) Schedule 40 solid core PVC pipe for use in closed (process or supply) or vented (drain, waste or vent) piping systems. The annular space between pipe and periphery of opening shall be min. 0 in. (point contact) to max. 7/8 in. (22 mm). For use with 1 hr wall constructions only. When used, F Rating is 1 hr and T Rating is 0 hr. B. Polyvinyl Chloride (PVC)Pipe - Nom. 2 in.(51 mm)dia.(or smaller)Schedule 40 solid core PVC p pipe for use in closed (process or supply) piping systems. The annular space between pipe and periphery of opening shall be min 1/4 in. (6 mm) to max 1-3/8 in. (35 mm). C. Chlorinated Polyvinyl Chloride (CPVC) Pipe - Nom. 2 in. (51 mm) dia. (or smaller) SDR13.5 CPVC pipe for use in closed (process or supply) piping systems. The annular space between pipe and periphery of opening shall be min. 1/4 in. (6 mm) to max. 1-3/8 in. (35 mm). D. Acrylonitrile Butadiene Styrene (ABS) Pipe - Nom. 2 in. (51 mm) dia. (or smaller) Schedule 40 solid -core ABS pipe for use in closed (process or supply) or vented (drain, waste or vent) piping systems. The annular space between pipe and periphery of opening shall be min. 1/4 in. (6 mm) to max. 7/8 in. (22 mm). E. Crosslinked Polyethylene (PEX) Tube - Nom. 1 in. (25 mm) dia. (or smaller) SDR 9 PEX tubing for use in closed (process or supply) piping systems. The annular space between tube and periphery of opening shall be min. 1/4 in.(6 mm) to max. 1-3/8 in. (35 mm). F. Rigid Nonmetallic Conduit+ - Nom. 2 in. (51 mm) dia. (or smaller), Schedule 40 PVC conduit installed in accordance with Article 347 of the National Electrical Code (NFPA No. 70). The annular space between conduit and periphery of opening shall be min. 1/4 in. (6 mm) to max. 1- 3/8 in. (35 mm). G. Chlorinated Polyvinyl Chloride (CPVC) Pipe - Nom. 2 in. dia. (or smaller) FLOWGUARD GOLD® SDR11 CPVC for use in closed (process or supply) piping systems. The annular space between conduit and periphery of opening shall be min. 1/4 in. (6 mm) to max. 1-3/8 in. (35 mm). H. Chlorinated Polyvinyl Chloride (CPVC) Pipe - Nom. 2 in. dia. (or smaller) BLAZEMASTER® SDR13.5 CPVC for use in closed (process or supply) piping systems. The annular space between conduit and periphery of opening shall be min. 1/4 in. (6 mm) to max. 1-3/8 in. (35 mm). 3. Firestop System - The firestop system shall consist of the following: A. Packing Material - (Optional) In 2 hr wall assemblies, foam backer rod firmly packed into opening as a permanent form. Packing material to be recessed from both surfaces of wall as required to accommodate the required thickness of fill material. B. Fill, Void or Cavity Material* - Caulk - Min. 5/8 in. (16 mm) thickness of fill material applied within the annulus, flush with both surfaces of wall. Additional fill material to be installed such that a min. 1/4 in. (6 mm) crown is formed around the penetrating item. A/D FIRE PROTECTION SYSTEMS INC - A/D FIREBARRIER Intumescent Sealant *Bearing the UL Classification Mark Through -penetration Firestop Systems UL System No. W-L-3324 F Ratings - 1 and 2 Hr (See Item 1) T Ratings - 0 and 3/4 Hr (See Item 1) SECTION A -A 1. Wall Assembly - The 1 or 2 hr fire -rated gypsum board/stud wall assembly shall be constructed of the materials and in the manner described in the individual U300 or U400 Series Wall or Partition Designs in the UL Fire Resistance Directory and shall include the following construction features: A. Studs - Wall framing may consist of either wood studs or steel channel studs. Wood studs to consist of nom. 2 by 4 in. (52 by 102 mm) lumber spaced 16 in. (406 mm) OC. Steel studs to be min 2-1/2 in. (64 mm) wide and spaced max 24 in. (610 mm) OC. B. Gypsum Board* - One or two layers of nom. 5/8 in. (16 mm) thick gypsum board, as specified in the individual Wall and Partition Design. Max. dia. of opening is 4-1/2 in. (114 mm). 2. Steel Sleeve - Nom. 4 in. (102 mm) dia. (or smaller) steel electrical metallic tubing (EMT) or Schedule 5 (or heavier) steel pipe friction -fit into wall assembly. Sleeve installed such that the ends project 1-1/2 to 2 in. (38 to 51 mm) beyond each side of the wall. 3. Cables - Aggregate cross -sectional area of cables in sleeve to be max 56 percent of the cross -sectional area of the sleeve. Tight bundle of cables to be concentrically or eccentrically within the steel sleeve. The annular space within the firestop system shall be a min. of 1/4 in. (6 mm) to a max. of 1-1/2 in. (38 mm). Cables to be rigidly supported on both sides of the wall. Any combination of the following types and sizes of cables may be used: A. Max. 200 pair No. 24 AWG (or smaller) copper conductor with polyvinyl chloride (PVC) insulation and jacketing material. B. Max. 1/C No. 350 kcmil (or smaller) copper conductor cable with cross -linked polyethylene (XLPE) jacket. C. Max. 7/C No. 12 AWG (or smaller) copper conductor power and control cables with XLPE or PVC insulation with XLPE or PVC jacket. D. Max. 3/C No. 3/0 AWG (or smaller) copper or aluminum conductor SER cables with PVC insulation and jacket. E. Max. 3/C No. 2/0 AWG (or smaller) copper conductor PVC jacketed aluminum clad or steel clad TEK cable. F. Max. 110/125 fiber optic (F.0.) cable with PVC insulation and jacket. G. Max. 3/C with ground No. 8 AWG (or smaller) copper conductor NM cable (Romex) with PVC insulation and jacket. H. Max. RG/U coaxial cable with fluorinated ethylene insulation and jacket. I. Max 4 pair No. 24 AWG (or smaller) copper conductor data cable with Mylar jacket and insulation. 4. Firestop System - The firestop system shall consist of the following: A. Packing Material - Min. 1 in. (25 mm) thickness of min. 4 pcf (64 kg/m3) mineral wool batt insulation tightly packed into opening as a permanent form. Packing material recessed from each end of sleeve as required to accommodate the required thickness of fill material. B. Fill, Void or Cavity Material* - Caulk - Min. 1/2 in. (13 mm) thickness of fill material applied within the annulus, flush with each end of sleeve. Caulk to be forced into interstices of cable group to max extent possible. A min. 1/4 in. (6 mm) dia. bead of caulk shall be applied at the gypsum board/steel sleeve interface on both sides of the wall. A/D FIRE PROTECTION SYSTEMS INC - A/D FIREBARRIER Intumescent Sealant or A/D FIREBARRIER Acrylic Sealant *Bearing the UL Classification Mark Design/System/Construction/Assembly Usage Disclaimer • Authorities Having Jurisdiction should be consulted in all cases as to the particular requirements covering the installation and use of UL Certified products, equipment, system, devices, and materials. • Authorities Having Jurisdiction should be consulted before construction. • Fire resistance assemblies and products are developed by the design submitter and have been investigated by UL for compliance with applicable requirements. The published information cannot always address every construction nuance encountered in the field. • When field issues arise, it is recommended the first contact for assistance be the technical service staff provided by the product manufacturer noted for the design. Users of fire resistance assemblies are advised to consult the general Guide Information for each product category and each group of assemblies. The Guide Information includes specifics concerning alternate materials and alternate methods of construction. • Only products which bear UL's Mark are considered Certified. Design/System/Construction/Assembly Usage Disclaimer • Authorities Having Jurisdiction should be consulted in all cases as to the particular requirements covering the installation and use of UL Certified products, equipment, system, devices, and materials. • Authorities Having Jurisdiction should be consulted before construction. • Fire resistance assemblies and products are developed by the design submitter and have been investigated by UL for compliance with applicable requirements. The published information cannot always address every construction nuance encountered in the field. • When field issues arise, it is recommended the first contact for assistance be the technical service staff provided by the product manufacturer noted for the design. Users of fire resistance assemblies are advised to consult the general Guide Information for each product category and each group of assemblies. The Guide Information includes specifics concerning alternate materials and alternate methods of construction. • Only products which bear UL's Mark are considered Certified. BXUV - Fire Resistance Ratings - ANSI/UL 263 BXUV7 - Fire Resistance Ratings - CAN/ULC-S101 Certified for Canada See General Information for Fire -resistance Ratings - ANSI/UL 263 See General Information for Fire Resistance Ratings - CAN/ULC-S101 Certified for Canada Design No. U305 May 27, 2016 Bearing Wall Rating — 1 Hr Finish Rating — See Items 3, 3A, 3D, 3E, 3F, 3G, 3H, 35 and 3L. STC Rating - 56 (See Item 9) This design was evaluated usinga load design method other than the Limit States Design Method (e.g.,WorkingStress Design 9 9 9 9 Method). For jurisdictions employingthe Limit States Design Method,such as Canada,a load restriction factor shall be used — ] 9 See Guide BXUV or BXUV7 * Indicates such products shall bear the UL or cUL Certification Mark for jurisdictions employing the UL or cUL Certification (such as Canada), respectively. 5 II 1. Wood Studs — Nom 2 by 4 in. spaced 16 in. OC max, effectively firestopped. 2. Joints and Nail -Heads — Joints covered with joint compound and paper tape. Joint compound and paper tape may be omitted when square edge boards are used. As an alternate, nom 3/32 in. thick gypsum veneer plaster may be applied to the entire surface of Classified veneer baseboard with the joints reinforced with paper tape. Nailheads exposed or covered with joint compound. 3. Gypsum Board* — 5/8 in. thick paper or vinyl surfaced, with beveled, square, or tapered edges, applied either horizontally or vertically. Gypsum panels nailed 7 in. OC with 6d cement coated nails 1-7/8 in. long, 0.0915 in. shank diam and 15/64 in. diam heads. When used in widths other than 48 in., gypsum panels are to be installed horizontally. For an alternate method of attachment of gypsum panels, refer to Items 6, 6A or 6B, Steel Framing Members*. When Items 6, 6B, or 6C Steel Framing Members*, are used, gypsum panels attached to furring channels with 1 in. long Type S bugle -head steel screws spaced 12 in. OC. When Item 6A, Steel Framing Members*, is used, two layers of gypsum panels attached to furring channels. Base layer attached to furring channels with 1 in. long Type S bugle -head steel screws spaced 12 in. OC. Face layer attached to furring channels with 1-5/8 in. long Type S bugle -head steel screws spaced 12 in. OC. All joints in face layers staggered with joints in base layers. One layer of gypsum board attached to opposite side of wood stud without furring channels as described in Item 3. When Item 7, resilient channels are used, 5/8 in. thick, 4 ft wide gypsum panels applied vertically. Screw attached furring channels with 1 in. long, self -drilling, self -tapping Type S or S-12 steel screws spaced 8 in. OC, vertical joints located midway between studs. ACADIA DRYWALL SUPPLIES LTD — Type X (finish rating 22 min), 5/8 Type X, Moisture Resistant Type X, Gypsum Sheathing Type X, Mold & Mildew Resistant Type X and Mold & Mildew Resistant AR Type X, Type Blueglass Exterior Sheathing AMERICAN GYPSUM CO — Types AGX-1(finish rating 23 min.), M-Glass (finish rating 23 min.), Type AGX-11 (finish rating 26 min), Type LightRoc (finish rating 22 min) or Type AG-C BEIJING NEW BUILDING MATERIALS PUBLIC LTD CO — Type DBX-1 (finish rating 24 min) CERTAINTEED GYPSUM INC — Type 1, Type SF3 (finish rating 20 min) or FRPC; Type C, Type X or Type X-1 (finish rating 26 min); Type EGRG or GlasRoc (finish rating 23 min) CGC INC — Type AR (finish rating 24 min), Type C (finish rating 24 min), Type IP-AR (finish rating 24 min), Type IPC- AR (finish rating 24 min), Type IP-X1 (finish rating 24 min), Type IP-X2 (finish rating 24 min), Type SCX (finish rating 24 min), Type SHX (finish rating 24 min), Type ULX (finish rating 22 min), Type WRC (finish rating 24 min), Type WRX (finish rating 24 min) CONTINENTAL BUILDING PRODUCTS OPERATING CO, L L C — Type LGFC6A (finish rating 34 min), Type LGFC2A, Type LGFC-C/A, Type LGFC-WD, Type LGLLX (finish rating 21 min) GEORGIA-PACIFIC GYPSUM L L C — Type 5 (finish rating 26 min), Type 6 (finish rating 23 min), Type 9 (finish rating 26 min), Type C (finish rating 26 min), Type DGG (finish rating 20 min), Type GPFS1 (finish rating 20 min), Type GPFS2 (finish rating 20 min), Type GPFS6 (finish rating 26 min), Type DS, Type DAP, Type DD (finish rating 20 min), Type DA, Type DAPC, Type LS (finish rating 23 min), Type X, Veneer Plaster Base - Type X, Water Rated - Type X, Sheathing - Type X, Soffit - Type X, Type LWX (finish rating 22 min), Veneer Plaster Base -Type LWX (finish rating 22 min), Water Rated -Type LWX (finish rating 22 min), Sheathing Type-LWX (finish rating 22 min), Soffit -Type LWX (finish rating 22 min), Type DGLW (finish rating 22 min), Water Rated -Type DGLW (finish rating 22 min), Sheathing Type- DGLW (finish rating 22 min), Soffit -Type DGLW (finish rating 22 min), Type LWX (finish rating 22 min), Type LW2X (finish rating 22 min), Veneer Plaster Base - Type LW2X (finish rating 22 min), Water Rated - Type LW2X (finish rating 22 min), Sheathing - Type LW2X (finish rating 22 min), Soffit - Type LW2X (finish rating 22 min), Type DGL2W (finish rating 22 min), Water Rated - Type DGL2W (finish rating 22 min), Sheathing - Type DGL2W (finish rating 22 min) NATIONAL GYPSUM CO — Type FSK (finish rating 20 min), Type FSK-G (finish rating 20 min), Type FSW (finish rating 20 min), Type FSW-2 (finish rating 24 min), Type FSW-3 (finish rating 20 min), Type FSW-5 (finish rating 22 min), Type FSW-G (finish rating 20 min), Type FSK-C (finish rating 20 min), Type FSW-C (finish rating 20 min), Type FSMR-C, Type FSW-6 (finish rating 20 min), Type FSL (finish rating 24 min), Type FSW-8 PABCO BUILDING PRODUCTS L L C, DBA PABCO GYPSUM — Types C, PG-2 (finish rating 20 min), PG-3 (finish rating 20 min), Types PG-3W, PG-5W (finish rating 20 min), Type PG-4 (finish rating 20 min), Type PG-6 (finish rating 23 min), Types PG-3WS, PG-5WS, PGS-WRS (finish rating 20 min), Types PG-5, PG-9 (finish rating 26 min), PG-11 or Type PG-C PANEL REY S A — Type GREX, PRX, PRC, PRC2; Types RHX, MDX, ETX (finish rating 22 min) SIAM GYPSUM INDUSTRY (SARABURI) CO LTD — Type EX-1 (finish rating 26 min) THAI GYPSUM PRODUCTS PCL — Type C, Type X (finish rating 26 min) UNITED STATES GYPSUM CO — Type AR (finish rating 24 min), Type C (finish rating 24 min), Type FRX-G (finish rating 29 min), Type IP-AR (finish rating 24 min), Type IPC-AR (finish rating 24 min), Type IP-X1 (finish rating 24 min), Type IP-X2 (finish rating 24 min), Type SHX (finish rating 24 min), Type SCX (finish rating 24 min), Type SGX (finish rating 24 min), Type ULX (finish rating 22 min), Type WRX (finish rating 24 min), Type WRC (finish rating 24 min), Type ULIX (finish rating 20 min) USG MEXICO S A DE C V — Type AR (finish rating 24 min), Type C (finish rating 24 min), Type WRX (finish rating 24 min), Type WRC (finish rating 24 min), Type IP-X1 (finish rating 24 min), Type IP-X2 (finish rating 24 min), Type SHX (finish rating 24 min), SCX (finish rating 24 min), Type IP-AR (finish rating 24 min), Type IPC-AR (finish rating 24 min), Type ULX (finish rating 22 min) 3A. Gypsum Board* — (As an alternate to Item 3) — 5/8 in. thick gypsum panels, with beveled, square, or tapered edges, applied either horizontally or vertically. Gypsum panels fastened to framing with 1-1/4 in. long Type W coarse thread gypsum panel steel screws spaced a max 8 in. OC, with last screw 1 in. from edge of board. When used in widths of other than 48 in., gypsum boards are to be installed horizontally. AMERICAN GYPSUM CO — Types AGX-1 (finish rating 25 min.), M-Glass (finish rating 25 min.), Type AG-C (finish rating 25 min.) CERTAINTEED GYPSUM INC — Type C, Type X or Type X-1 (finish rating 26 min) USG MEXICO S A DE C V — Type AR (finish rating 24 min), Type C (finish rating 24 min), Type WRX (finish rating 24 min), Type WRC (finish rating 24 min), Type IP-X1 (finish rating 24 min), Type IP-X2 (finish rating 24 min), Type SHX (finish rating 24 min), Type SCX, Type IP-AR (finish rating 24 min), Type IPC-AR (finish rating 24 min) 3B. Gypsum Board* — (As an alternate to Item 3) — Nom 3/4 in. thick, installed with 1-7/8 in. long cement coated nails as described in Item 3 or 1-3/8 in. long Type W coarse thread gypsum panel steel screws as described in Item 3A. CGC INC — Types AR, IP-AR UNITED STATES GYPSUM CO — Types AR, IP-AR USG MEXICO S A DE C V — Types AR, IP-AR 3C. Gypsum Board* — (As an alternate to Items 3, 3A and 3B) — 5/8 in. thick, 2 ft wide, tongue and groove edge, applied horizontally to one side of the assembly. Installed with 1-7/8 in. long cement coated nails as described in Item 3 or 1-1/4 in. long Type W coarse thread gypsum panel steel screws as described in Item 3A. Joint covering (Item 2) not required. CGC INC — Type SHX UNITED STATES GYPSUM CO — Type SHX USG MEXICO S A DE C V — Type SHX 3D. Gypsum Board* — (As an alternate to Items 3, 3A, 3B, or 3C — Not Shown) — For Direct Application to Studs Only- Nom 5/8 in. thick lead backed gypsum panels with beveled, square or tapered edges, applied vertically. Vertical joints centered over studs and staggered min 1 stud cavity on opposite sides of studs. Wallboard secured to studs with 1-5/8 in. long Type W coarse thread gypsum panel steel screws spaced 8 in. OC at perimeter and in the field. Lead batten strips required behind vertical joints of lead backed gypsum wallboard and optional at remaining stud locations. Lead batten strips, min 1-1/2 in. wide, max 10 ft long with a max thickness of 0.125 in. placed on the face of studs and attached to the stud with two 1 in. long Type S-12 pan head steel screws, one at the top of the strip and one at the bottom of the strip. Lead discs or tabs may be used in lieu of or in addition to the lead batten strips or optional at other locations. Max 3/4 in. diam by max 0.125 in. thick lead discs compression fitted or adhered over steel screw heads or max 1/2 in. by 1-1/4 in. by max 0.125 in. thick lead tabs placed on gypsum boards underneath screw locations prior to the installation of the screws. Lead batten strips to have a purity of 99.9% meeting the Federal specification QQ-L- 201f, Grade "C". RAY -BAR ENGINEERING CORP — Type RB-LBG (finish rating 24 min) 3E. Gypsum Board* — (As an alternate to Items 3, 3A, 3B, 3C, and 3D) — 5/8 in. thick gypsum panels, with square edges, applied either horizontally or vertically. Gypsum panels fastened to framing with 1-1/4 in. long Type W coarse thread gypsum panel steel screws spaced a max 8in. OC,with last2 screws 1 and 4 in from edge of board or nailed 7 in. OC with 6d cement coated nails 1-7/8 in. long, 0.0915 in. shank diam and 15/64 in. diam heads. When used in widths of other than 48 in., gypsum boards are to be installed horizontally. GEORGIA-PACIFIC GYPSUM L L C — Type DGG (finish rating 20 min), GreenGlass Type X (finish rating 23 min) — 3F. Gypsum Board*(As an alternate to Items 3,3A, 3B, 3C,3D, and 3E)— 5 8 in.glass-mat faced with square YP / q edges, applied either horizontally or vertically. Gypsum panels nailed 7 in. OC around the perimeter and in the field with 6d cement coated nails 1-7/8 in. long, 0.0915 in. shank diam and 15/64 in. diam heads. Nails shall be placed 1 inch and 3 inch from horizontal joints and 7 inch OC thereafter. CGC INC — Type USGX (finish rating 22 min) UNITED STATES GYPSUM CO — Type USGX (finish rating 22 min.) USG MEXICO S A DE C V — Type USGX (finish rating 22 min.) 3G. Gypsum Board* — (As an alternate to Items 3 through 3F) — 5/8 in. thick paper surfaced applied vertically. Gypsum panels nailed 7 in. OC with 6d cement coated nails 1-7/8 in. long, 0.0915 in. shank diam and 15/64 in. diam heads. GEORGIA-PACIFIC GYPSUM L L C — Type X ComfortGuard Sound Deadening Gypsum Board (finish rating 27 min) 3H. Gypsum Board* — (As an alternate to Items 3) — Not to be used with items 6 or 7. 5/8 in. thick paper surfaced applied vertically only. Gypsum panels nailed 7 in. OC with 6d cement coated nails 1-7/8 in. long, 0.0915 in. shank diam and 15/64 in. diam heads. NATIONAL GYPSUM CO — SoundBreak XP Type X Gypsum Board — 3I. Gypsum Board*(As an alternate to Items 3 through 3H,Not Shown) —Nominal 5 8 in. thick,4 ft widepanels, YP9 / applied vertically. Panels nailed 7 in. OC with 6d cement coated nails 1-7 8 in. long,0.0915 in. shank diam and 15 64 pp Y / / in. diam heads. Panel joints covered with paper tape and two layers of joint compound. Nailheads covered with two layers of joint compound. PABCO BUILDING PRODUCTS L L C, DBA PABCO GYPSUM — Type QuietRock ES (finish rating 20 min) 3J. Gypsum Board* — (As an alternate to Item 3) — Not to be used with items 6 or 7. 5/8 in. thick paper surfaced applied vertically only. Gypsum panels nailed 7 in. OC with 6d cement coated nails 1-7/8 in. long, 0.0915 in. shank diam and 15/64 in. diam heads. CERTAINTEED GYPSUM INC — Type SilentFX 3K. Gypsum Board* — (As an alternate to Item 3) — 5/8 in. thick gypsum panels, with beveled, square, or tapered edges, applied either horizontally or vertically. Gypsum panels fastened to framing with 1-1/4 in. long Type W coarse thread gypsum panel steel screws spaced a maximum 8 in. OC with the last screw 1 in. from the edge of the board. When used in widths other than 48 in., gypsum panels are to be installed horizontally. NATIONAL GYPSUM CO — Type FSK (finish rating 20 min), Type FSK-G (finish rating 20 min), Type FSW (finish rating 20 min), Type FSW-2 (finish rating 24 min), Type FSW-3 (finish rating 20 min), Type FSW-5 (finish rating 22 min), Type FSW-G (finish rating 20 min), Type FSK-C (finish rating 20 min), Type FSW-C (finish rating 20 min), Type FSMR-C, Type FSW-6 (finish rating 20 min) 3L. Gypsum Board* — (As an alternate to Item 3) For Direct Application to Studs Only— Nom 5/8 in. thick lead backed gypsum panels with beveled, square or tapered edges, applied vertically. Vertical joints centered over studs and staggered min 1 stud cavity on opposite sides of studs. Wallboard secured to studs with 1-5/8 in. long Type W coarse thread gypsum panel steel screws spaced 8 in. OC at perimeter and in the field. Lead batten strips required behind vertical joints of lead backed gypsum wallboard and optional at remaining stud locations. Lead batten strips, min 2 in. wide, max 10 ft longwith a max thickness of 0.140 in. placed on the face of studs and attached to the stud with two 1 in. long Type S-8 pan head steel screws, one at the top of the strip and one at the bottom of the strip. Lead discs, max 5/16 in. diam by max 0.140 in. thick. compression fitted or adhered over the screw heads. Lead batten strips to have a purity of 99.5% meeting the Federal specification QQ-L-201f, Grades "B, C or D". MAYCO INDUSTRIES INC — "X-Ray Shielded Gypsum" 3M. Gypsum Board* — (As an alternate to Items 3) For Direct Application to Studs Only — For use as the base layer or as the face layer. Nom 5/8 in. thick lead backed gypsum panels with beveled, square or tapered edges, applied vertically. Vertical joints centered over studs and staggered min 1 stud cavity on opposite sides of studs. Wallboard secured to studs with 1-5/8 in. long Type W coarse thread gypsum panel steel screws spaced 8 in. OC at perimeter and in the field when applied as the base layer. When applied as the face layer screw length to be increased to 2-1/2 in. Lead batten strips required behind vertical joints of lead backed gypsum wallboard and optional at remaining stud locations. Lead batten strips, min 2 in. wide, max 8 ft long with a max thickness of 0.14 in. placed on the face of studs and attached to the stud with construction adhesive and two 1 in. long Type S-12 pan head steel screws, one at the top of the strip and one at the bottom of the strip. Lead discs, nominal 3/8 in. diam by max 0.085 in. thick. Compression fitted or adhered over the screw heads. Lead batten strips and discs to have a purity of 99.9% meeting the Federal specification QQ-L-201f, Grade "C". Fasteners for face layer gypsum panels (Items 4, 4A or 4B) when installed over lead backed board to be min 2-1/2 in. Type S-12 bugle head steel screws spaced as described in Item 4. RADIATION PROTECTION PRODUCTS INC — Type RPP - Lead Lined Drywall 3N. Gypsum Board* — (As an alternate to Item 3) — 5/8 in. thick, 4 ft. wide, applied horizontally or vertically with vertical joints centered over studs and staggered one stud cavity on opposite sides of studs. Secured as described in Item 3. CERTAINTEED GYPSUM INC — 5/8" Easi-Lite Type X (finish rating 24 min) 30. Wall and Partition Facings and Accessories* — (As an alternate to Item 3, Not Shown) — Nominal 5/8 in. thick, 4 ft wide panels, applied vertically. Panels nailed 7 in. OC with 6d cement coated nails 1-7/8 in. long, 0.0915 in. shank diam and 15/64 in. diam heads. Panel joints covered with paper tape and two layers of joint compound. Nailheads covered with two layers of joint compound. PABCO BUILDING PRODUCTS L L C, DBA PABCO GYPSUM — Type QuietRock 527 (finish rating 24 min). 3P. Gypsum Board* — (As an alternate to Item 3, Not Shown) — Two layers nom. 5/16 in. thick gypsum panels applied vertically or horizontally. Horizontal edge joints and horizontal butt joints on opposite sides of studs need not be staggered or backed by wood studs. Horizontal joints on the same side between face and base layers need not be staggered. Base layer gypsum panels fastened to studs with 1-1/4 in. long drywall nails spaced 8 in. OC. Face layer gypsum panels fastened to studs with 1-7/8 in. long drywall nails spaced 8 in. OC starting with a 4" stagger. NATIONAL GYPSUM CO — Type FSW (finish rating 25 min) 3Q. Gypsum Board* — (As an alternate to Item 3) — 5/8 in. thick gypsum panels, with beveled, square, or tapered edges, applied either horizontally or vertically. Gypsum panels fastened to framing with 1-1/4 in. long Type W coarse thread gypsum panel steel screws spaced a maximum 10 in. OC with the last two screws 4 and 1 in. from the edges of the board. When used in widths other than 48 in., gypsum panels are to be installed horizontally. CONTINENTAL BUILDING PRODUCTS OPERATING CO, L L C — Type LGFC6A (finish rating 21 min), Type LGFC2A, Type LGFC-C/A, Type LGFC-WD, Type LGLLX 4. Steel Corner Fasteners — (Optional) — For use at wall corners. Channel shaped, 2 in. long by 1 in. high on the back side with two 1/8 in. wide cleats protruding into the 5/8 in. wide channel, fabricated from 24 gauge galv steel. Fasteners applied only to the end or cut edge (not along tapered edges) of the gypsum board, no greater than 2 in. from corner of gypsum board, max spacing 16 in. OC. Nailed to adjacent stud through tab using one No. 6d cement coated nail per fastener. Corners of wall board shall be nailed to top and bottom plate using No. 6d cement coated nails. 5. Batts and Blankets* — (Optional — Required when Item 6A is used (RC-1)) Glass fiber or mineral wool insulation. Placed to completely or partially fill the stud cavities. When Item 6A is used, glass fiber or mineral wool insulation shall be friction -fitted to completely fill the stud cavities. CERTAINTEED CORP JOHNS MANVILLE KNAUF INSULATION LLC MANSON INSULATION INC OWENS CORNING HT INC, DIV OF OWENS CORNING — Corning Fiberglas Corp ROCK WOOL MANUFACTURING CO — Delta Board ROXUL INC — Acoustical Fire Batts THERMAFIBER INC — Type SAFB THERMAFIBER INC — Type SAFB 5D. Glass Fiber Insulation — (As an alternate to Item 5C) — 3 in. thick glass fiber batts bearing the UL Classification Marking as to Surface Burning and/or Fire Resistance, friction -fitted to fill the interior of the wall. See Batts and Blankets (BKNV or BZJZ) Categories for names of Classified companies. 5E. Batts and Blankets* — (Required for use with Wall and Partition Facings and Accessories, Item 3D) — Glass fiber insulation, nom 3-1/2 in. thick, min. density of 0.80 pcf, with a flame spread of 25 or less and a smoke developed of 50 or less, friction -fitted to completely fill the stud cavities. See Batts and Blankets Category (BKNV) for names of manufacturers. 5F. Fiber, Sprayed* — (Optional, Not Shown — Not for use with Items 6, 6A or 6B). — As an alternate to Batts and Blankets (Item 5) and Item 5A - Spray applied granulated mineral fiber material. The fiber is applied with water to completely fill the enclosed cavity in accordance with the application instructions supplied with the product. See Fiber, Sprayed (CCAZ). AMERICAN ROCKWOOL MANUFACTURING, LLC — Type Rockwool 5G. Fiber, Sprayed* — (Optional, Not Shown — Not for use with Items 6, 6A or 6B). — As an alternate to Batts and Blankets (Item 5) and Item 5A - Brown Colored Spray applied cellulose fiber. The fiber is applied with water to completely fill the enclosed stud cavity in accordance with the application instructions supplied with the product. The minimum dry density shall be 4.30 lbs/ft3. INTERNATIONAL CELLULOSE CORP — Celbar-RL 6. Steel Framing Members* — (Optional, Not Shown) — Furring channels and Steel Framing Members as described below: a. Furring Channels — Formed of No. 25 MSG galv steel. 2-9/16 in. or 2-23/32 in. wide by 7/8 in. deep, spaced 24 in. OC perpendicular to studs. Channels secured to studs as described in Item b. Ends of adjoining channels are overlapped 6 in. and tied together with double strand of No. 18 SWG galv steel wire near each end of overlap. As an alternate, ends of adjoining channels may be overlapped 6 in. and secured together with two self -tapping #6 framing screws, min. 7/16 in. long at the midpoint of the overlap, with one screw on each flange of the channel. Gypsum board attached to furring channels as described in Item 3. b. Steel Framing Members* — Used to attach furring channels (Item 6a) to studs. Clips spaced 48 in. OC. RSIC-1 and RSIC-1 (2.75) clips secured to studs with No. 8 x 2-1/2 in. coarse drywall screw through the center grommet. RSIC-V and RSIC-V (2.75) clips secured to studs with No. 8 x 1-1/2 in. coarse drywall screw through the center hole. Furring channels are friction fitted into clips. RSIC-1 and RSIC-V clips for use with 2-9/16 in. wide furring channels. RSIC-1 (2.75) and RSIC-V (2.75) clips for use with 2-23/32 in. wide furring channels. PAC INTERNATIONAL L L C — Types RSIC-1, RSIC-V, RSIC-1 (2.75), RSIC-V (2.75) 6A. Steel Framing Members* — (Optional, Not Shown) — Furring channels and Steel Framing Members on one side of studs as described below: a. Furring Channels — Formed of No. 25 MSG galv steel, spaced 24 in. OC perpendicular to studs. Channels secured to studs as described in Item b. Ends of adjoining channels are overlapped 6 in. and tied together with double strand of No. 18 SWG galv steel wire near each end of overlap. Batts and Blankets placed in stud cavity as described in Item 5. Two layers of gypsum board attached to furring channels as described in Item 3. b. Steel Framing Members* — Used to attach furring channels (Item 6Aa) to one side of studs only. Clips spaced 48 in. OC., and secured to studs with two No. 8 x 2-1/2 in. coarse drywall screws, one through the hole at each end of the clip. Furring channels are friction fitted into clips. KINETICS NOISE CONTROL INC — Type Isomax 6B. Steel Framing Members* — (Optional, Not Shown) — Furring channels and Steel Framing Members as described below: a. Furring Channels — Formed of No. 25 MSG galv steel. 2-3/8 in. wide by 7/8 in. deep, spaced 24 in. OC perpendicular to studs. Channels secured to studs as described in Item b. Ends of adjoining channels are overlapped 6 in. and tied together with double strand of No. 18 SWG galv steel wire near each end of overlap. As an alternate, ends of adjoining channels may be overlapped 6 in. and secured together with two self -tapping #6 framing screws, min. 7/16 in. long at the midpoint of the overlap, with one screw on each flange of the channel. Gypsum board attached to furring channels as described in Item 3. b. Steel Framing Members* — Used to attach furring channels (Item 6Ba) to studs. Clips spaced 48 in. OC. Genie clips secured to studs with No. 8 x 1-1/2 in. coarse drywall screw through the center hole. Furring channels are friction fitted into clips. PLITEQ INC — Type Genie Clip 6C. Steel Framing Members* — (Optional, Not Shown) — Furring channels and resilient sound isolation clip as described below: a. Furring Channels — Formed of No. 25 MSG galv steel. Spaced 24 in. OC perpendicular to studs. Channels secured to studs as described in Item b. Ends of adjoiningchannels overlapped 6 PP in. and secured together with four self -tapping No. 8x1/2 Self Drilling screws (2 per side 1 in. and 4 in. from overlap edge). Gypsum board attached to furring channels as described in Item 3. Side joint furring channels shall be attached to studs with RESILMOUNT Sound Isolation Clips located approximately 2 in. from each end of length of channel. Both Gypsum Boards at side joints fastened into channel with screws spaced 8 in. OC, approximately 1/2 in. from joint edge. b. Steel Framing Members* — Resilient sound isolation clip used to attach furring channels (Item 6Ca) to studs. Clips spaced 16 in. OC., and secured to studs with No. 10 x 2-1/2 in. coarse drywall screw through the center hole. Furring channels are friction fitted into clips. STUDCO BUILDING SYSTEMS — RESILMOUNT Sound Isolation Clips - Type A237 or A237R 7. Furring Channel — Optional — Not Shown — For use on one side of the wall - Resilient channels, 25 MSG galv steel, spaced vertically 24 in. OC, flange portion screw attached to one side of studs with 1-1/4 in. long diamond shaped point, double lead Phillips head steel screws. When resilient channels are used, insulation, Items 5C or 5D is required. 8. Caulking and Sealants — (Not Shown, Optional) — A bead of acoustical sealant applied around the partition perimeter for sound control. 9. STC Rating — The STC Rating of the wall assembly is 56 when it is constructed as described by Items 1 through 6, except: A. Item 2, above — Nailheads Shall be covered with joint compound. B. Item 2, above — Joints As described, shall be covered with fiber tape and joint compound. C. Item 5, above — Batts and Blankets* The cavities formed by the studs shall be friction fit with R-19 unfaced fiberglass insulation batts measuring 6-1/4 in. thick and 15-1/4 in. wide. D. Item 6, above — Steel Framing Members* Type RSIC-1 clips shall be used to attach gypsum board to studs on either side of the wall assembly. E. Item 8, above — Caulking and Sealants (Not Shown) A bead of acoustical sealant shall be applied around the partition perimeter for sound control. F. Steel Corner Fasteners (Item 4), Fiber, Sprayed (Items 5A and 5B) and Steel Framing Members (Item 6A), not evaluated as alternatives for obtaining STC rating. 10. Wall and Partition Facings and Accessories* — (Optional, Not Shown) — Nominal 1/2 in. thick, 4 ft wide panels, for optional use as an additional layer on one or both sides of the assembly. Panels attached in accordance with manufacturer's recommendations. When the QR-500 or QR-510 panel is installed between the wood framing and the UL Classified gypsum board, the required UL Classified gypsum board layer(s) is/are to be installed as indicated as to fastener type and spacing, except that the required fastener length shall be increased by a minimum of 1/2 in. Not evaluated or intended as a substitute for the required layer(s) of UL Classified Gypsum Board. PABCO BUILDING PRODUCTS L L C, DBA PABCO GYPSUM — Type QuietRock QR-500 and QR-510 11. Cementitious Backer Units* — (Optional Item Not Shown — For Use On Face Of 1 Hr Systems With All Standard Items Required) 7/16 in., 1/2 in., 5/8 in., 3/4 in. or 1 in. thick, min. 32 in. wide. Applied vertically or horizontally with vertical joints centered over studs. Fastened to studs and runners with cement board screws of adequate length to penetrate stud by a minimum of 3/8 in. for steel framing members, and a minimum of 3/4 in. for wood framing members spaced a max of 8 in. OC. When 4 ft. wide boards are used, horizontal joints need not be backed by framing. NATIONAL GYPSUM CO — Type DuraBacker, PermaBase, DuraBacker Plus, or PermaBase Plus 12. Non -Bearing Wall Partition Intersection — (Optional) —Two nominal 2 by 4 in. studs or nominal 2 by 6 in. studs nailed together with two 3 in. long 10d nails spaced a max. 16 in. OC. vertically and fastened to one side of the minimum 2 by 4 in. stud with 3 in. long 10d nails spaced a max. 16 in. OC. vertically. Intersection between partition wood studs to be flush with the 2 by 4 in. studs. The wall partition wood studs are to be framed by with a second 2 by 4 in. wood stud fastened with 3 in. long 10d nails spaced a max. 16 in. OC. vertically. Maximum one non -bearing wall partition intersection per stud cavity. Non -bearing wall partition stud depth shall be at a minimum equal to the depth of the bearing wall. 13. Mesh Netting — (Not Shown) — Any thin, woven or non -woven fibrous netting material attached with staples to the outer face of one row of studs to facilitate the installation of the sprayed fiber from the opposite row. 14. Mineral and Fiber Board* — (Optional, Not Shown) — For optional use as an additional layer on one side of wall. Nom 1/2 in. thick, 4 ft wide with long dimension parallel and centered over studs. Attached to framing with 2 in. long Type W steel screws, spaced 12 in. OC. The required UL Classified gypsum board layer(s) is/are to be installed as indicated as to fastener type and spacing, except that the required fastener length shall be increased by a minimum of 1/2 in. Not evaluated or intended as a substitute for the required layer(s) of UL Classified Gypsum Board. HOMASOTE CO — Homasote Type 440-32 14A. Mineral and Fiber Board* — (Optional, Not Shown) — For use with Items 14B-14E) — For optional use as an additional layer on one side of wall. Nom 1/2 in. thick, 4 ft wide with long dimension parallel and centered over studs. Attached to framing with minimum 1-3/8 in. long ring shanked nails or 1-1/4 in. long Type W steel screws, spaced 12 in. OC along board edges and 24 in. OC in field of board along intermediate framing. Not evaluated or intended as a substitute for the required layer(s) of UL Classified Gypsum Board. HOMASOTE CO — Homasote Type 440-32 14B. Glass Fiber Insulation — (For use with Item 14A) — 3-1/2 in. thick glass fiber batts bearing the UL Classification Marking as to Surface Burning and/or Fire Resistance, placed to fill the interior of the wall. See Batts and Blankets (BKNV or BZJZ) categories for names of Classified companies. 14C. Batts and Blankets* — (As an alternate to Item 14B, For use with Item 14A), 3 in. thick mineral wool batts, placed to fill interior of wall, attached to the 3-1/2 in. face of the studs with staples placed 24 in. OC. THERMAFIBER INC — Type SAFB 14D. Adhesive — (For use with Item 14A) — Construction grade adhesive applied in vertical, serpentine, nominal 3/8 in. wide beads down the length of both vertical edges of Mineral and Fiber Board (Item 14A). CERTAINTEED GYPSUM INC — Type FRPC, Type C CGC INC — Types C, IP-X2, IPC-AR CONTINENTAL BUILDING PRODUCTS OPERATING CO, L L C — Type LGFC-C/A GEORGIA-PACIFIC GYPSUM L L C — Types 5, DAPC, TG-C NATIONAL GYPSUM CO — Types FSK-C, FSW-C PABCO BUILDING PRODUCTS L L C, DBA PABCO GYPSUM — Type PG-C PANEL REY S A — Type PRC THAI GYPSUM PRODUCTS PCL — Type C UNITED STATES GYPSUM CO — Types C, IP-X2, IPC-AR USG BORAL ZAWAWI DRYWALL L L C SFZ — Type C USG MEXICO S A DE C V — Types C, IP-X2, IPC-AR * Indicates such products shall bear the UL or cUL Certification Mark for jurisdictions employing the UL or cUL Certification (such as Canada), respectively. co w z a 440_ s_ (LI w 500_ V 0 L CD Z wa O• w 1-1- w_ wv D- ce 0 Q cc aZ WO M N _ a_ W o>- it a cc O ce o_ N UNAUTORIZED USE IS STRICTLY PROHIBITED. N N COPYRIGHT u7 M N ti 00 CD N. Description of Revision R Project Number 240002 CAD File Name Townhouse Master Plan Drawn By Checked By RWW RWW Sheet Name UL Designs Sheet Number A9 CGC INC — Type AR (finish rating 24 min), Type C (finish rating 24 min), Type IP-AR (finish rating 24 min), Type IPC- AR (finish rating 24 min), Type IP-X1 (finish rating 24 min), Type IP-X2 (finish rating 24 min), Type SCX (finish rating 24 min), Type SHX (finish rating 24 min), Type WRC (finish rating 24 min), Type WRX (finish rating 24 min) 5A. Fiber, Sprayed* — (Not Shown — Not for use with Item 6) As an alternate to Batts and Blankets (Item 5) — Spray applied cellulose material. The fiber is applied with water to completely fill the enclosed cavity in accordance with the application instructions supplied with the product with a nominal dry density of 2.7 lb/ft3. Alternate Application Method: The fiber is applied without water or adhesive at a nominal dry density of 3.5 lb/ft3, in accordance with the application instructions supplied with the product. When Item 6B is used, Fiber, Sprayed shall be INS735, INS745, INS765LD or INS770LD. U S GREENFIBER L L C — INS735 & INS745 for use with wet or dry application. INS51OLD, INS515LD, INS541LD, INS735, INS745, INS765LD, and INS770LD are to be used for dry application only Copyright R. Wayne Williamson, AIA Date: 1/11124 Page 402 of 545 10 PLEX APARTMENTS FORMERLY 2539 W. 3RD ST. WATERLOO, IOWA 2023 -PROJECT LOCATION z0 W 3RD ST O Z HOME PARK BLVD CAMF BELL VICINITY MAP NOT TO SCALE Mason City 1-35/ WATiRLOO Ames Des Moines Council Bluffs 4 Marshalltown Dubuque Cedar Rapids I-80 REBER %r. Burlington LOCATION MAP Davenport GRADING, PAVING, UTILITIES WORK AND MATERIALS SHALL BE IN ACCORDANCE WITH THE IOWA STATEWIDE URBAN STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, 2023 EDITION (SUDAS) AND THE CITY OF WATERLOO STANDARD SPECIFICATIONS CGA Clapsaddle-Garber Associates, Inc 5106 Nordic Dr. Cedar Falls, Iowa 50613 Phone 319-266-0258 www. cgaconsultants. corn SHEET NO. C.100 C.101 C.110 C.200 C.300 C.400 C.500 C.501 INDEX OF SHEETS DESCRIPTION TITLE SHEET SYMBOLS, LEGEND AND GENERAL INFORMATION EXISTING CONDITIONS AND DEMOLITION PLAN LAYOUT AND UTILITIES PLAN GRADING PLAN LANDSCAPE PLAN TYPICAL DETAILS TYPICAL DETAILS I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. Iowa Li My license renew Pages or sheets covered by this seal: CGA PROJECT NO. 23-DS-0471 SHEET C.100 Page 403 of 545 LEGEND LEGAL DESCRIPTION UTILITY COMPANIES THE FOLLOWING UTILITIES ARE PRESENT ON THIS PROJECT EXISTING PROPOSED L4 ( LP ) Q o SIGN O • SPA GPO EVERGREEN TREE DECIDUOUS TREE FRUIT TREE SHRUBS (BUSHES) TREE LINE STUMP SWAMP CEMETERY GRAVE CAVE SINK HOLE WELL WINDMILL CISTERN SEPTIC TANK LP GAS TANK UNDERGROUND STORAGE TANK SATELLITE DISH SIGN (TYPE AS NOTED) FLAGPOLE SOIL BORING MONITORING WELL © PARKING METER MAILBOX O POST O BOLLARD SPRINKLER HEAD SPRINKLER HEAD VALVE • - GUARDRAIL (BEAM OR CABLE) —0-0 FENCE TILE OUTLET > - • — .3.- DRAINAGE WAY EDGE OF WATER SILT FENCE CONTOUR LINE oo� SPOT ELEVATION BUILDING 1.800-292-8989 www.iowoonecoll.com EXISTING W C) 5< A FDC PLO San(") -StS (")- PROPOSED W A w FDC PTV WATERLINE WATER VALVE FIRE HYDRANT WATER METER CURB STOP YARD HYDRANT FIRE DEPT. CONNECTION POST INDICATOR VALVE SANITARY SEWER LINE STORM SEWER LINE DT ---- ---- DT ---- DRAIN TILE ---- SD ---- 0 G (") 5< OH E (`) Ib TV FO(') T(`) 6 ---- SD ---- SUBDRAIN OMANHOLE © CLEANOUT INTAKE BEEHIVE INTAKE ® ROOF DRAIN ® ROOF DRAIN (SURFACE) ® ROOF DRAIN (UNDERGROUND) G GAS LINE ► 1 GAS VALVE © GAS METER I•1 OH E— OVERHEAD ELECTRICAL LINE E BURIED ELECTRICAL LINE • POWER POLE ® ELECTRICAL METER ELECTRICAL HIGHLINE TOWER - TRAFFIC SIGNAL STREET LIGHT - LUMINAIRE • ELECTRICAL BOX/TRANSFORMER FO FIBER OPTICS LINE ▪ FIBER OPTICS BOX • FIBER PEDESTAL T TELEPHONE LINE • TELEPHONE POLE • TELEPHONE PEDESTAL ▪ TELEPHONE BOX ® CABLE TELEVISION LINE N ---- TELEVISION PEDESTAL ❑ry TELEVISION BOX ▪ AIR CONDITIONER EXISTING PROPOSED ■ DO ♦ • ABBREVIATIONS PCC ACC STM INT INT-MH STCO FES STP STFM SMH SACO SAP SAFM FH YH WV CS PIV FDC RCP CMP HDPE PVC DI CP BM SB MW PM SH GV GM PP EM TS LP EB FB TB TP CB AC CBU - - — SECTION/R.O.W. LINE BOUNDARY LINE PROPERTY LINE — — — EASEMENT LINE SETBACK LINE ▪ R.O.W. RAIL OR LOT CORNER ❑� CONCRETE MONUMENT A GOVERNMENT CORNER MONUMENT PARCEL OR LOT CORNER MONUMENT TEMP. CONSTRUCTION EASEMENT CORNER SURVEY CONTROL POINT PORTLAND CEMENT CONCRETE ASPHALT CEMENT CONCRETE STORM SEWER MANHOLE STORM SEWER INTAKE STORM SEWER INTAKE WITH MANHOLE STORM SEWER CLEANOUT STORM SEWER FLARED END SECTION STORM SEWER PIPE STORM SEWER FORCE MAIN SANITARY SEWER MANHOLE SANITARY SEWER CLEANOUT SANITARY SEWER PIPE SANITARY SEWER FORCE MAIN FIRE HYDRANT ASSEMBLY YARD HYDRANT ASSEMBLY WATER VALVE CURB STOP POST INDICATOR VALVE FIRE DEPT. CONNECTION REINFORCED CONCRETE PIPE CORRUGATED METAL PIPE HIGH -DENSITY POLYETHYLENE PIPE POLYVINYL CHLORIDE PIPE DUCTILE IRON PIPE SURVEY CONTROL POINT SURVEY BENCHMARK SOIL BORING MONITORING WELL PARKING METER SPRINKLER HEAD GAS VALVE GAS METER POWER POLE ELECTRIC METER TRAFFIC SIGNAL LIGHT POLE/STREET LIGHT ELECTRICAL BOX/TRANSFORMER FIBER OPTICS BOX/PEDESTAL TELEPHONE BOX/PEDESTAL TELEPHONE POLE CABLE/TELEVISION BOX AIR CONDITIONER UNIT CLUSTER MAILBOX UNIT CONTROL POINTS: IOWA REGIONAL COORDINATE SYSTEM XXXX X (XXXX-XX (X) NAD83(2011)(EPOCH 2010) IARTN DERIVED -US SURVEY FEET NUMBER NORTHING EASTING DESCRIPTION XXX XXX XXX XXXX( BENCHMARKS NORTH AMERICAN VERTICAL DATUM OF 1988 (NAV88-GEOIDXXA) IARTN DERIVED -US SURVEY FEET NUMBER NORTHING EASTING DESCRIPTION XXXX ELEV XXX ELEV. XXX XXX XXXX XXXX PROPOSED USE APARTMENTS APPLICANT: NET WORTH INVESTMENTS LLC 5024 SAMANTHA CIR CEDAR FALLS IA 50613 SURVEY PREPARED BY: CLAPSADDLE-GARBER ASSOCIATES, INC 5106 NORDIC DRIVE CEDAR FALLS, IOWA 50613 PH 319-266-0258 W W W.CGACONSULTANTS.COM SITE PLAN PREPARED BY: PROJECT MANAGER: ADAM DATERS CLAPSADDLE-GARBER ASSOCIATES, INC 16 EAST MAIN STREET MARSHALLTOWN, IOWA 50158 PH 641-752-6701 W W W.CGACONSULTANTS.COM DATE OF PREPARATION: FIELD WORK COMPLETED: 11-28-2023 PROPERTY ADDRESS: 2539 W 3RD ST. WATERLOO, IA 50701-50707 OWNER OF RECORD: NET WORTH INVESTMENTS LLC 5024 SAMANTHA CIR CEDAR FALLS IA 50613 NOTES: ALL BEARINGS ARE THE RESULT OF G.P.S. OBSERVATIONS. ALL UNDERGROUND UTILITIES ON THIS SITE HAVE BEEN LOCATED AT ASCE LEVEL C OR D SURVEY QUALITY. UTILITY LINETYPES WITH A QUALITY LEVEL INDICATOR (*) HAVE BEEN LOCATED PER THE FOLLOWING ASCE STANDARD GUIDELINE FOR THE COLLECTION & DEPICTION OF EXISTING SUBSURFACE UTILITY DATA" (A) - PRECISE HORIZONTAL & VERTICAL LOCATION OF UTILITIES OBTAINED BY THE ACTUAL EXPOSURE (OR VERIFICATION OF PREVIOUSLY EXPOSED & SURVEYED UTILITIES) & SUBSEQUENT MEASUREMENT OF SUBSURFACE UTILITIES, USUALLY AT A SPECIFIC POINT. MINIMALLY INTRUSIVE EXCAVATION EQUIPMENT IS TYPICALLY USED TO MINIMIZE THE POTENTIAL FOR UTILITY DAMAGE. A PRECISE HORIZONTAL & VERTICAL LOCATION, AS WELL AS OTHER UTILITY ATTRIBUTES, IS SHOWN ON PLAN DOCUMENTS. ACCURACY IS TYPICALLY SET TO 15- MM VERTICAL & TO APPLICABLE HORIZONTAL SURVEY & MAPPING ACCURACY AS DEFINED OR EXPECTED BY THE PROJECT OWNER. (B) -INFORMATION OBTAINED THROUGH THE APPLICATION OF APPROPRIATE SURFACE GEOPHYSICAL METHODS TO DETERMINE THE EXISTENCE & APPROXIMATE HORIZONTAL POSITION OF SUBSURFACE UTILITIES. QUALITY LEVEL B DATA SHOULD BE REPRODUCIBLE BY SURFACE GEOPHYSICS AT ANY POINT OF THEIR DEPICTION. THIS INFORMATION IS SURVEYED TO APPLICABLE TOLERANCES DEFINED BY THE PROJECT & REDUCED ONTO PLAN DOCUMENTS. (C)-INFORMATION OBTAINED BY SURVEYING & PLOTTING VISIBLE ABOVE -GROUND UTILITY FEATURES & BY USING PROFESSIONAL JUDGEMENT IN CORRELATING THIS INFORMATION TO QUALITY LEVEL D INFORMATION. (D)- INFORMATION DERIVED FROM EXISTING RECORDS OR ORAL RECOLLECTIONS. MEDIACOM BRIAN KADNER 845-544-9656 bkadner@mediacomcc.com CENTURYLINK SADIE HULL sadie.hull@lumen.com 918-547-0147 MIDAMERICAN -ELECTRIC JORDYN WEBBER 319-291-4728 pweber@midamencan.com MIDAMERICAN -GAS JORDYN WEBBER 319-291-4728 jlweber@midamerican.com UNITE PRIVATE NETWORKS, LLC JOE KILZER 816-425-3556 upngis@upnfiber.com CITY OF WATERLOO TRAFFIC BRANDON HODGIN 319-291-4440 brandon.hodgin@waterloo-ia.org CITY OF WATERLOO WMSD BRITTEY HOVER cmom@waterloo-ia.org 319-291-4553 EXT. 3627 WATERLOO WATER WORKS CHAD COON 232-628-5013 Ehad.Coon@waterloo-ia.org NOTE: TYPICAL DEPTH OF COVER ON WATERMAIN PIPE IN WATERLOO IS 6 FT. UNDERGROUND STRUCTURES, FACILITIES, AND UTILITIES HAVE BEEN PLATTED FROM AVAILABLE SURVEYS, RECORDS AND DEEDS. THEREFORE THEIR LOCATIONS MUST BE CONSIDERED APPROXIMATE ONLY. THERE MAY BE OTHERS, THE EXISTENCE OF WHICH IS PRESENTLY NOT KNOWN. NO. REVISION BY DATE I/O. REVISION BY DATE Clapsaddle-Garber Associates, Inc 5106 Nordic Dnve Cedar Falls, Iowa 50613 Ph 319266-0258 www.cgaconsultanis.com DESIGNED: ---- DATE• ---- DRAWN: ---- DATE' ---- CHECKED: ---- DATE' ---- APPROVED: ---- DATE' ---- 10 PLEX APARTMENTS WATERLOO, IOWA SYMBOLS, LEGEND, AND GENERAL INFORMATION PROJECT ND. 23-DS-0471 SHEET NO. C.101 Page 404 of 545 (STING CONDITIONS AND DEMO. Or. TREELIN n(0) n(D) SWID) i ei EXISTINGMH U � i FIBER HANDHOLE RIM: B47.87� J W DIC % FIBER HANDHOI F� z � 00" TYPE FL: 000 (DIR) N 3ntD san)o1---- EXISTING SANITARY SEWER'`—selol san(D) — _r==G7-3w�—=GIDr— �uu==�0r—=Fww==cm1== U)==6m%—F]u01==6(D1= w,1 TELEPHONE PEDESTAL GID) F0(0) FO(D7 EO(D) F0)0)---, (D)-1---- F0W ID) iippi— — — —W(D) "V414 via E ,I� t1 I f' t I 0H E zr/ C— W(0) OH OHE TREELIVE WIG) TRECYVIE GRAPHIC SCALE 0 20' 40' 60' NO. REVISION BY DATE NO. REVISION BY DATE Clapsaddle-Garber Associates, Inc 5106 Nordic Dnve Cedar Falls, Iowa 50613 Ph 319-266-0256 www.cgaconsultanis.com DESIGNED: ---- DATE ---- DRAWN: ---- DATE' ---- CHECKED: ---- DATE- ---- APPROVED: ---- DATE' ---- 10 PLEX APARTMENTS WATERLOO, IOWA EXISTING CONDITIONS AND DEMOLITION PLAN PROJECT ND. 23-DS-0471 SHEET NO. C.110 Page 405 of 545 S 5 TRAFFIC CONTROL NOTES 1. ALL TRAFFIC CONTROL DEVICES & BARRIERS SHALL BE FURNISHED, ERECTED, MAINTAINED, & REMOVED BY THE CONTRACTOR. 2. PROPOSED CHANGES TO THE TRAFFIC CONTROL PLAN SHALL BE REVIEWED WITH THE CITY OF WATERLOO BEFORE CHANGES ARE MADE. 3. ACCESS TO NEIGHBORING BUILDINGS SHALL BE MAINTAINED AT ALL TIMES. 4. ALL UTILITY WORK WITHIN THE PUBLIC R.O.W. SHALL CONFORM TO THE CITY OF WATERLOO STANDARDS & THE CURRENT EDITION OF THE MUTCD. 5. TWO-WAY TRAFFIC SHALL BE MAINTAINED AT ALL TIMES ALONG W. 3RD ST. 6. THE CONTRACTOR SHALL USE CARE WHEN WORKING UNDER/OVER/AROUND ELECTRICAL LINES. 7. FLASHING OR STEADY BURN WARNING LIGHTS ARE REQUIRED ON TYPE II BARRICADES FOR OVERNIGHT CLOSURES. 8. WORK AREA MUST BE ENCLOSED WITH BARRICADES, FENCING, OR A COMBINATION OF THE TWO. CONSTRUCTION NOTES: INSTALL PROPOSED BUILDING (BY OTHERS) 0 • • GENERAL LAYOUT NOTES: 1. ALL WORK SHALL BE IN ACCORDANCE WITH OSHA CODES & STANDARDS. NOTHING INDICATED ON THESE DRAWINGS SHALL RELIEVE THE CONTRACTOR FROM COMPLYING WITH APPROPRIATE SAFETY REGULATIONS. 2. ALL DISTURBED AREAS SHALL BE SEEDED, FERTILIZED & MULCHED UNLESS OTHERWISE NOTED IN PLANS. REFER TO LANDSCAPING PLAN. 3. ANY DAMAGE TO THE PAVEMENT NOT SHOWN FOR REMOVAL ON THE PLANS DUE TO CONSTRUCTION ACTIVITIES SHALL BE REPAIRED AT THE CONTRACTORS EXPENSE. ALL EFFORTS SHALL BE MADE TO NOT DISTURB EXISTING PAVEMENT. 4. COORDINATE GAS, ELECTRIC, TELEPHONE, & FIBER OPTIC WITH RESPECTIVE UTILITY COMPANIES. 5. ALL CONSTRUCTION MATERIALS, DUMPSTERS, DETACHED TRAILERS, OR SIMILAR ITEMS ARE PROHIBITED ON PUBLIC STREETS OR WITHIN PUBLIC RIGHT-OF-WAY. 6. SEE ARCHITECTURAL PLANS FOR ACTUAL FOOTING DRAIN LOCATIONS TO TIE-IN TO THE PROPOSED STORM WATER SYSTEM. CONNECT TO EXISTING WATER MAIN USING A 6 INCH TAPPING SLEEVE PER WATERLOO WATER WORKS SPECIFICATIONS. VERIFY WATER MAIN SIZE PRIOR TO ORDERING MATERIALS. COORDINATE ALL WITH WATERLOO WATER WORKS. INSTALL 8" PVC SDR 23.5 PRIVATE SANITARY SEWER SERVICE. SLOPE MUST BE 0.4% OR GREATER. CONNECT PRIVATE SANITARY SEWER SERVICE TO EXISTING SANITARY MAIN. FIELD VERIFY FLOWLINE AND SIZE PRIOR TO ORDERING PIPE. CONNECT ELECTRIC SERVICE TO NEAREST EXISTING POLE MOUNTED TRANSFORMER. COORDINATE WITH MIDAMERICAN . (FIELD VERIFY LOCATION) INSTALL 6" HDPE CULVERT INSTALL FROST PROTECTED STOOP IN FRONT OF EXTERIOR DOOR INSTALL 6" FULL CURB INSTALL 5'X10' DUMPSTER PAD REMOVE AND REPLACE EXISITNG PAVEMENT WITH 6" ROCK SUBBASE, AND 7" PCC TO NEAREST JOINTING EAST AND WEST AND TO CENTERLINE JOINT IF SANITARY IS NOT IN THE 7.5' PANEL THAT STARTS AT THE BACK OF CURB. BACKFILL WITH SUITABLE MATERIAL TO THE BOTTOM OF THE SUBBASE. DETAILS: INSTALL 1,352 SY PCC PAVEMENT INSTALL 140 SY, 4" PCC SIDEWALK PAVEMENT CURB RUNOUT INSTALL CLASS D REVETMENT WITH ENGINEERING FABRIC DRIVE DETAIL WATER SERVICE DETAIL SANITARY SEWER CONNECTION SANITARY SEWER CLEANOUT 23 / \ NN 0 \4, CONNECT REMOVE TO NEAREST JOINTLINE EAST AND \ EXISTING INTAWEST AND TO CENTERLINE JOINT IF SANITARY FL (IN): 8441S NOT IN THE 7.5' PANEL THAT STARTS AT THE BACK OF CURB oy \ 8" CMP APRON WITH 8"X6" CONCENTRIC REDUCER FL: 845.50 8"CMP APRON -WITH 8"X6" REDUCER FL: 845.96 \ SANITARY CLEANOUT SW-203 SACO, N: 8840423.11 E: 15466673.06 RIM: 850.64 120.2' N \ 6 in x 6 in" bend 90° N: 8840417.63 E: 15466718.21 /pr \ 8" SANITARY WY CONNECTION APPROXIMATE FL = 836.96 FIELD VERIFY SIZE AND DEPTH \ \ N �\ N \ N N/O N \ \\\ \44 y'9or/<\\ NN 6 Inch Gate Valve'\ �\ N: 8840475.70' E: 15466692.36' \ 6 in x 6 in" 45° BEND N: 8840448.69' E: 15466692.12' GRAPHIC SCALE 0 10' 20' 30' NO. REVISION BY DATE NO. REVISION BY DATE CGA C'lapsaddle-Garber Associates, Inc 5106 Nordic Ddve Cedar Falls, Iowa 50613 Ph 319266-0256 www.cgaconsultanis.com DESIGNED: ---- DATE ---- DATE' ---- CHECKED: ---- DATE- ---- APPROVED: ---- DATE- ---- 10 PLEX APARTMENTS WATERLOO, IOWA LAYOUT AND UTILITIES PLAN PROJECT N0. 23-DS-0471 SHEET NO. C.200 Page 406 of 545 GENERAL GRADING NOTES 1. SLOPES SHALL NOT BE GREATER THAN 4:1 2. GRADE TO DRAIN AWAY FROM ALL BUILDINGS. SIDEWALK CROSS SLOPES SHALL NOT EXCEED 2%. CONTRACTOR SHALL TARGET 1.5% CROSS SLOPE. STRIP TOPSOIL TO A MINIMUM OF 6" & STOCKPILE AS PER PLAN. RESPREAD TOPSOIL AT LEAST 8" DEEP AS PER SPECIFICATIONS. LEGEND TOC HP LP TOP OF CURB HIGH POINT LOW POINT 2.0% PROPOSED SLOPE PROPOSED DRAINAGE PATTERN B/W BOTTOM OF WALL TAN TOP OF WALL FFE FINISHED FLOOR ELEVATION FINISHED FLOOR ELEVATIONS FINISHED FLOOR = GRAPHIC SCALE 20' 40' 60' NO. REVISION EARTHWORK SUMMARY EARTHWORK CUT _ CY FILL + 30% CY BORROW _ CY EARTHWORK SUMMARY TOPSOIL (6" STRIP, 8" RESPREAD) CUT _ CY FILL CY WASTE CY BY DATE NO. REVISION BY / 1,3 0 80. /...-/ / I� / / / \ \ \ \ as3. qI {{{ / / \ \ \ _ \es0., \ / /I o / .-----1 'dq9 S° \ \ \ \ / / 1 0 0 / / / 909, ,, \ ` \ \ \ y015 \ 850 , \8 85- 1 1 DATE / Clapsaddle-Garber Associates, Inc 5106 Nordic Dnve Cedar Fads, Iowa 50613 Ph 319-266-0256 www.cgaconsultanis.com 0.6% DESIGNED: ---- DATE ---- DATE ---- CHECKED: ---- DATE- ---- APPROVED: ---- DATE- ---- \ l \ \Ho \ \ r / "N \ I/ N /\ N / N \ N \Cio \Sy, / \ N i\\ o/ / A,\ \ion \ / I \ �/oi °ion \\ IN / \ / / \yioi �Oio�� A\ a % 5 / 1 y//h �I �• 4410,-. t ,a i 7 10 PLEX APARTMENTS WATERLOO, IOWA GRADING PLAN PROJECT NO. 23-DS-0471 SHEET NO. C.300 Page 407 of 545 - C.500 TYPICAL D SLOPE AS PER PLANS 6 PCC PAVEMENT 6" GRANULAR SUBBASE (MINIMUM) TOP 12" OF SUBGRADE SHALL BE COMPACTED TO 95% STANDARD PROCTOR DENSITY (SPD) 2.0' BEYOND EDGE OF PAVEMENT SECTION -� - SLOPE PER AS PLANS 4" PCC PAVEMENT GRANULAR SUBBASE (MINIMUM) TOP 12" OF SUBGRADE SHALL BE COMPACTED TO 95 % STANDARD PROCTOR DENSITY (SPD) 2.0' BEYOND EDGE OF PAVEMENT SECTION NO CURB 'TRANSITION ANY 5,-0_ TRAN UR 11 CURB RUNOUT FOR ALL CURBS 'Op�R 'C' \'PLO CONCRETE SAW EXISTING PAVEMENT FULL DEPTH AND 1 2 O REMOVE �24 ROADWAY PAVEMENT EXCEED INCHES AT EDGE CURB TO 48 INCHES EXTEND SAW CUT IS THE a ' °o� .— �■■ ti ti ti s��ss— ell)4" • _• _• _• ��I�I�I�r a u u — _� :�••• ;��0�0�.�' • • • P•�•�•�•1 All . ®R RT' JOINT BACK OF CURB A ' ®SIDEWALK DRIVEWAY ry</4/ •• 10 \� T 404 JOINT \ Qt� -CO =OXOUT DRIVEWAY, TYPE Tr A -A BT-3 JOINT T+1 MIN SIDEWALK SHALL NOT CURB HEIGHT TO 0 OR AT THE FRONT DO NOT EXTEND RAISED = 8". THROUGH DRIVEWAY OF DRIVEWAY. JOINT IS LOCATED THE BACK OF LINE. FULL DEPTH (R) AS SPECIFIED IN DOCUMENTS 18„ SECTION 12„ 02 4" PCC SIDEWALK PAVEMENT 'BT-3' JOINT DETAIL B '6' JOINT \� 6" PCC PAVEMENT \F\�� P 5eE' JOINT SPECIFIED C' OR ' ��— JOINT N REFER ©R DETAIL BACK OF CURB O CROSS SLOPE AT 2%. ® TRANSITION THE END OF TAPER/RADIUS OF SIDEWALK. ACROSS SIDEWALK. ® PAVEMENT THICKNESS ® SIDEWALK THICKNESS MATCH THICKNESS ® IF LONGITUDINAL OR LESS O M BOXOUT TO JOINT STILL REQUIRED. DRIVEWAY RADIUS CONSTRUCTION B WITH RADII AS 0/ . ��� \ TO I B 01 03 0STAPLES TO BE INSTALLED 12 INCH ON CENTER r r r + r r ► 0 r r r r r r r r r r t r T ISOMETRIC VIEW DRAINAGE CLASS ENGINEERING FABRIC COMPLYING WITH IDOT4196.01, CREEK BOTTOM -H iO \\ \ 0 ANCHOR ' r 0 r CLASS 6" MIN. ENGINEERING FABRIC COMPLYING WITH IDOT4196.01, B.3. DITCH SLOPE D REVETMENT B.3. �_—" ear.' ��� 2 o' I 101P111 —= TYPICAL SECTION 0 ROCK SLOPE PROTECTION g rn COMPACTED EARTH (NSTAPLE REVETMENT LAP \\ 2�� I~ 02 L wire) 6" MIN. 6" SLOT D MIN. SECTION A -A ANCHOR SLOT ■ _ I- OS SUDAS REFERENCED DETAILS FIGURE NAME NUMBER 3010.101 TRENCH BEDDING & BACKFILL ZONES 3010.102 RIGID GRAVITY PIPE TRENCH BEDDING 3010.103 FLEXIBLE GRAVITY PIPE TRENCH BEDDING 3010.104 PRESSURE PIPE TRENCH BEDDING 4010.201 SANITARY SEWER SERVICE STUB 4030.221 PCR APRON SECTION FOOTING 4040.231 SUBDRAINS 4040.232 SUBDRAIN CLEANOUTS 7010.101 JOINTS 7010.102 PCC CURB DETAILS 7030.201 CLASSES OF SIDEWALK 9040.102 FILTER BERM & FILTER SOCK 9040.110 RIP RAP FOR PIPE OUTLET ONTO FLAT GROUND 9040.119 SILT FENCE 9040.120 STABILIZED CONSTRUCTION ENTRANCE NO. REVISION BY DATE NO. REVISION BY DATE Cla tsaddle-Garber Associates, Inc CGA 51osNo,deo e DESIGNED: DRAWN CHECKED: APPROVED: ---- DATE ---- 10 PLEX APARTMENTS WATERLOO, IOWA TYPICAL DETAILS PROJECT PROJECT NO. DATE ---- Cedar Palls, Iowa 50613 ---- DATE' ---- SHEET NO. C.500 Ph319266-0253 www.cgaconsultanis.com ---- DATE' ---- Page 408 of 545 23-0S-0471 - C.500 (Typ Detai CURB BOX LID SHALL BE A Y MCDONALD 5601 L ONE-PIECE LID OR APPROVED EQUAL SEE LID DETAIL CURB BOX ARCH PATTERN: ANSI/AWWA C800 WITH STAINLESS STEEL SHUT-OFF ROD. LOCATED NEAR STREET SIDE EDGE OF SIDEWALK TYPE K COPPER ARCH TYPE BRASS o W o LID DETAIL • tee SANITARY SEWER MAIN TRENCH WALL • SEE SERVICE LINE • SLOPES ram` O y 'I'� PLAN G S�0 �� IV SANITARY y� RISER SEWER MAIN SERVICE LINE SERVICE TEEWYEOR SLOPE© 1�., -'"`1 4o a`,. <:o^ ''4411 kaw Cba� , t /WVr 4e, o_ ;p � ��ri. r WATER SERVICE PIPING CURB STOP WITH DRAIN AND COMPRESSION CONNECTIONS WATER MAIN \ EXISTING WATER SERVICE PIPING ��� `."� 22.5° to 45° • SUPPORT BENCH 18" MIN CLASS 1 BEDDING MATERIAL , ° _ SANITARY SEWER SERVICE STUB WITH RISER `� ,ta „ • 1) PLACE BEDDING AND BACKFILL MATERIAL AS REQUIRED FOR SEWER MAIN. ® SERVICE LINE SLOPE: 4 INCH: 2%TO 5% 6 INCH AND GREATER: 1% TO 5% ® IF SERVICE RISER SLOPE IS STEEPER THAN 1:1, CONSTRUCT RISER OF ENTIRE SERVICE LINE WITH SCHEDULE 40 PVC (ASTM D 1785) OR DUCTILE IRON (AWWA C151, CLASS 52). USE SINGLE LENGTH OF PIPE FOR RISER, IF POSSIBLE. SANITARY SEWER SERVICE STUB BRASS CORPORATION. THREADED INLET. O _�,. COMPRESSION OUTLET. MIN. DISTANCE OF 18" FROM L PIPEBELL OR OTHER CORPORATION CLEAN GRANULAR WATER MAIN SHALL BE DIRECT TAPPED FOR SERVICES 1" AND UNDER. SERVICES OVER 1" REQUIRE DOUBLE STRAP SADDLES WATER SERVICE 01 02 O STANDARD DUTY CASTING COMPLYING WITH AASHTO M 306. MARK LID WITH Ygip . _ "SANITARY" OR "SANITARY C.O." 2MIN CONCRETE PAD #4 BAR (TYP.) CASTING O DO NOT ALLOW CASTING TO BEAR ON TOP OF RISER PIPE. ®6-INCH PVC SERVICE PIPE /_�,__©,� / —� 2" MIN • 4" MI — ® THREADED PVC CAP OR IRON BODY 6" PVC RISER \\/2� — __ ' // FERRULE WITH BRASS SCREW PLUG /// CAP® ��N 7/8 1 1�� 15 %"--1 45° BEND WYE SEWER MAIN 7/8" CASTING© PLU (DIMENSIONS ARE NOMINAL) II'I16I'I i CLEANOUT SANITARY SEWER CLEANOUT 03 NO. REVISION BY DATE NO. REVISION BY DATE (Ia tsaddle-Garber Associates, Inc CGA 5106Nordic D Ve DESIGNED: ---- DATE- ---- 10 PLEX APARTMENTSO WATERLOO, IOWA TYPICAL DETAILS NO. PROJECTNO. DRAWN DATE ---- CHECKED: ---- DATE ---- SHEET NO. C.501 Cedar Fads, Iowa 50613 Ph 319266-0256 www.cgaconsuuants.com APPROVED: ---- DATE' ---- Page 409 of 545 LANDSCAPE NOTES: 1. PLANT QUANTITIES ARE FOR INFORMATION ONLY; DRAWING SHALL PREVAIL IF CONFLICT OCCURS. CONTRACTOR IS RESPONSIBLE FOR CALCULATING OWN QUANTITIES AND BASING BID ACCORDINGLY. 2. CONTRACTOR SHALL PLACE SHREDDED HARDWOOD BARK MULCH AROUND ALL TREES AND IN ALL PLANTING BEDS TO A DEPTH OF 3". WALNUT PRODUCTS ARE PROHIBITED. 3. KIND, SIZE AND QUALITY OF PLANT MATERIAL SHALL CONFORM TO AMERICAN STANDARD FOR NURSERY STOCK, ANSI 260-2004, OR MOST RECENT EDITION. 4. THE CONTRACTOR SHALL REPORT SUBSURFACE SOIL OR DRAINAGE PROBLEMS TO THE ENGINEER. 5. THE CONTRACTOR SHALL SHOW PROOF OF PROCUREMENT, SOURCES, QUANTITIES AND VARIETIES FOR ALL SHRUBS, PERENNIALS, ORNAMENTAL GRASSES WITHIN 21 DAYS FOLLOWING THE AWARD OF CONTRACT. TIMELY PROCUREMENT OF ALL PLANT MATERIAL IS ESSENTIAL TO THE SUCCESSFUL COMPLETION AND INITIAL ACCEPTANCE OF THE PROJECT. 6. SUBSTITUTIONS SHALL ONLY BE ALLOWED WHEN THE CONTRACTOR HAS EXHAUSTED ALL SOURCES FOR THE SPECIFIED MATERIAL, AND HAS PROVEN THAT THE SPECIFIED MATERIAL IS NOT AVAILABLE. THE CONTRACTOR MUST PROVIDE NAME AND VARIETY OF SUBSTITUTION TO THE ENGINEER FOR APPROVAL PRIOR TO TAGGING OR PLANTING. SUBSTITUTIONS SHALL BE NEAREST EQUIVALENT SIZE OF VARIETY OF PLANT HAVING SAME ESSENTIAL CHARACTERISTICS. 7. ALL PLANT MATERIAL SHALL BE NURSERY GROWN, SOUND, HEALTHY, VIGOROUS AND FREE FROM INSECTS, DISEASE AND INJURIES, WITH HABIT OF GROWTH THAT IS NORMAL FOR THE SPECIES. SIZES SHALL BE EQUAL TO OR EXCEEDING SIZES INDICATED ON THE PLANT SCHEDULE. THE CONTRACTOR SHALL SUPPLY PLANTS IN QUANTITY AS SHOWN ON DRAWINGS. 8. TAKE OR PLACE ALL PLANTS IN FIELD AS INDICATED ON THE DRAWINGS OR AS DIRECTED BY THE ENGINEER FOR APPROVAL BY THE OWNER PRIOR TO PLANTING. 9. ALL DISTURBED AREAS NOT OTHERWISE COVERED BY BUILDING, PAVEMENT, AND LANDSCAPE BEDS SHALL BE SEEDED WITH TYPE 1 LAWN MIXTURE AS APPROVED BY THE OWNER. APV • PROPOSED STREET TREE - OVERSTORY TREE, 2 INCH CALIPER, TO BE SELECTED BY THE OWNER AND APPROVED BY THE CITY ARBORIST. PROPOSED SITE TREE - ORNAMENTAL, 2 INCH CALIPER, TO BE SELECTED BY THE OWNER AND TO ACHIEVE A TOTAL POINT COMBINATION OF 65% REQUIRED SITE POINTS. (367 POINTS OR MORE) PROPOSED SHRUB - 5 GALLON OR GREATER - 10 TOTAL. TYPE TO BE SELECTED BY THE OWNER PROPOSED PERENNIAL GRASS - 16 PLANTS - TYPE TO BE SELECTED BY THE OWNER LANDSCAPE POINTS SCHEDULE DESCRIPTION POINTS/UNIT PR. STREET EX. SITE PR. SITE OVERSTORY TREES 4 INCH CALIPER OR GREATER 100 3 INCH CALIPER OR GREATER 90 2 INCH CALIPER OR GREATER 80 2 TREES WITH CALIPER OF MORE THAN 4 INCHES (25 POINTS PER INCH)(EXISTING TREES) 25 3 UNDERSTORY TREES 2 INCH CALIPER OR GREATER 40 4 1.5 IN CALIPER OR GREATER 30 1 INCH CALIPER OR GREATER 20 SHRUBS 5 GALLON OR GREATER 10 10 2 GALLON OR GREATER 5 CONIFERS 10 FT HEIGHT OR GREATER 100 8 FT HEIGHT OR GREATER 90 6 FT HEIGHT OR GREATER 80 5 FT HEIGHT OR GREATER 40 4 FT HEIGHT OR GREATER 30 3 FT HEIGHT OR GREATER 20 TOTAL POINTS 160 2550 260 REQUIRED FOR VEHICULAR USE AREA (0.04 PER SF) (VU AREA = 11,328 SF) 453.1 450 260 REQUIRED STREET (1.5 POINTS PER LF) 140.8 LF EXISTING 48" STREET TREE 211.2 160 1200 REQUIRED LANDSCAPING (30%<35% LANDSCAPE AREA) (PERVIOUS AREA = 9419 SF) 0.02 POINTS PER SF (28,137 SF LOT AREA) 562.7 2970 EXISTING 48" TREE 25 POINTS PER INCH 1200 PO EXISTING 36" TREE 25 POINTS PER TREE 900 POINTS EXISTING INTAKE- = IOC: 848.33 GUTTER: 847.74 I EXI 18' RCP FL: 844.74 (NE & S) - 8" PVC FL: 834.87 (E & W) Santo EXISTING 18" TREE 25 POINTS PER INCH 450 POINTS TELEPHONE PEDE - EXISTING INTAKE-J FO(D) TOC. 848.28- - - -w(D) GUTTER: 847.65 FL' 84485(N18'RCP &S15'RCP ) _ ID 0 11111 API ON V le alli ilt PCC PARKING AR FOR PROPERTY THE WEST4, RETAINING WALL OH E 0 81 I I W WI I - San(D) — — — — EXISTING SANITARY SEWER (RC)—san)D) -�_? z 6 =Fes)==cNE==HUW==,p)—_=— — F V: Z..' -- FD(D)--10(D)-----FOP— -MD) w(D)--- -W(D) 1 ONE OHE SHED AREA TABLE TOTAL LOT AREA 28,137 SF VEHICULAR SURFACE 11,328 SF BUILDING 6,182 SF OTHER PAVED AREAS 420 SF OTHER IMPERVIOUS AREAS 788 SF PERVIOUS AREA 9,419 SF STONE RETAINING WALL GRAPHIC SCALE 20' 40' 60' NO. REVISION BY DATE NO. REVISION BY DATE CGA Clapsaddle-Garber Associates, Ins 5106 Nordic Ddve Cedar Falls, Iowa 50613 Ph 319-266-0256 www.cgaconsultants.com DESIGNED: ---- DRAWN: ---- CHECKED: ---- APPROVED: ---- 10 PLEX APARTMENTS WATERLOO, IOWA LANDSCAPE PLAN PROJECT NO. 23-DS-0471 SHEET NO. C.400 Page 410 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving a request by the City of Waterloo for the Final Plat of North Crossing 4th Addition, a 14-lot commercial subdivision located between Logan Avenue (US Highway 63) and East 4th Street, south of Ralston Road. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to plat the property located south of 300 Ralston Road for future commercial development. The final plat consists of 14 commercial lots and three tracts of land, containing a total of 29.64 acres of land. A future site plan amendment will be required as part of this request, as the area is zoned "C- P" Planned Commercial District. The plat does not include building setback lines which will be determined through plan review. There are 14 commercial lots shown on the plat that range in size from 0.77 acres to 4.22 acres. Tract D is 0.86 acres, and Tract E is 4.43 acres, and Tract F is 0.41 acres. This development will provide additional economic development opportunities for the City in support of Comprehensive Plan Economic Development Goal #4: "Look to vacant and underutilized properties for a creative and diverse configuration of repurposed uses." This site is north of a former gray field site that once contained an empty and dilapidated strip mall. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood or land use. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The item was recommend for approval by the Planning, Programming, and Zoning Commission at Page 411 of 545 their December 12, 2023 meeting. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Thence South 00°49'42" East, 288.83 feet along the West Line of said Quarter Section to the Westerly Extension of the South Right -of -Way Line of Ralston Road; Thence South 89°58'10" East, 100.00 feet along said Westerly Extension to the Intersection of the East Right -of -Way Line of u.s. Highway 63 (Lagon Avenue) and the South Right -of -Way Line of Ralston Road and the Point of Beginning; Thence continuing South 89°58'10" East, 519.04 feet along said South Right -of -Way Line to the Northwest Corner of Parcel D, as recorded in Document #2003-05483, on file in the Black Hawk County Recorder's Office, Waterloo, Iowa; Thence South 00°55'36" East, 259.74 feet along the West Line of said Parcel D to the Southwest Corner thereof; Thence South 89°57'15" East, 680.03 feet along the South Line of said Parcel D to the Southeast Corner thereof and the West Right -of -Way Line of East Fourth Street; Thence South 00°56'11" East, 767.60 feet along said West Right -of -Way Line to the South Line of Northwest Quarter of the Southwest Quarter of said Section; Thence South 00°53'47" East, 202.86 feet along said West Right -of -Way Line; Thence South 89°38'50" West, 913.98feet; Thence South 00°49'20" East, 50.80 feet; Thence Southeasterly 30.18 feet along a 170.00 foot Radius Curve, Concave Northeasterly (said Curve having a long chord of South 05°54'29" East, 30.14 feet); Thence South 79°00'22" West, 60.00 feet; Thence Northwesterly 35.59 feet along a 230.00 foot Radius Curve, Concave Northeasterly (said Curve having a long chord of North 06°33'38" West, 35.56 feet); Thence North 46°00'04" West, 14.18feet; Thence South 89°09'42" West, 53.17 feet to the East Line of Lot 2, Logan Plaza First Addition; Thence North 00°51'00" West, 10.00 feet along the East Line of said Lot 2 to the Northeast Corner thereof; Thence South 89°09'42" West, 163.93 feet along the North Line of said Lot 2 to the Northwest Corner thereof; Thence South 00°49'42" East, 148.59 feet along the West Line of said Lot 2 to the Southwest Corner thereof; Thence South 89°10'44" West, 20.80 feet along the Westerly Extension of the South Line of said Lot 2; Thence North 00°49'52" West, 399.79 feet; Thence North 06°45'49" East, 25.30 feet; Thence North 00°21 '10" East, 100.92 feet; Page 412 of 545 Thence South 89.38'25" West, 13.37 teet to the Eost Right-ot-Woy Line ot U.S. Highway 63 (Logan Avenue); Thence North 02"22'04" East, 538.11 teet Thence North 00-49'42" West, 362.25 teet all along said East Right-ot-Way to the to the Point ot Beginning. Excepting Lot 3, Logan Plaza First Addition. Containing 29.61 Acre(s), subject to ony easements recorded or unrecorded. ATTACHMENTS 1. 12.12.21 - Final Plat North Crossing 4th Addition 2. North Crossing Fourth Addition Final Plat 3. Owner's Statement 4. Surveyor's Certificate 5. Engineers Letter 6. Application Page 413 of 545 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: 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: Request by the City of Waterloo for the Final Plat of North Crossing 4th Addition a 14-lot commercial subdivision located between Logan Avenue (US Highway 63) and East 4th Street, south of Ralston Road. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50701 The applicant is requesting to plat the property located south of 300 Ralston Road for future commercial development. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The request would not appear to have an impact on vehicular or pedestrian traffic movements in the area. The area is served by East 4th Street, which is classified as a minor arterial and US HWY 63 which is a major principle arterial, and Ralston Road which is a local road. There are no sidewalks in the area, but they will be required along all street frontages of the subdivision. The Highway 63 trail is located adjacent to the subdivision and will be extended along the west side of the subdivision. The Donald Street Trail is located approximately 1,400 feet to the south of the plat area. Sidewalks will be required as new roads are developed. The proposed final plat area is zoned "C-P" Planned Commercial District which was rezoned from "C-2" Commercial District on February 19, 2007 with the passage of Ordinance 4856. Surrounding land uses and their zoning are as follows: North — Church and Vacant Land, zoned "R-2" One and Two Family District and "A-1" Agricultural District. South — Vacant land and Commercial Buildings, zoned "C-P" Planned Commercial District and "C-2" Commercial District. East — Residential and Vacant Land, zoned "R-4, R-P" Planned Residential District and "A-1" Agricultural District West — Commercial and Residential, zoned "C-P" Planned Commercial District, "C-2" Commercial District and "R-3" Multiple Residence District. Buildings in the immediate area were developed between 1920 and 2004. Buffers will not be required. Drainage plans will need to meet the requirements of the engineering department, but no issues are anticipated regarding drainage. North Crossing Third Addition Final Plat Page 1 of 4 Page 414 of 545 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: 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 Number 0189F, dated July 18, 2011. George Washington Carver Academy is located a half a mile to the southwest of the plat area. There are no other schools within one mile of the plat area. There is a 10" sanitary sewer main located underneath Ralston Road, 10" sanitary sewer main located underneath Logan Avenue. There is a 12" water main along Logan Avenue, 8" water main along Ralston Road, and a 16" water main along E 4th Street. All services will be extended to serve the proposed subdivision. The Future Land Use Map designates this area as Commercial. The plat would be in conformance with the Comprehensive Plan and Future Land Use Map for this Area. The final plat consists of 14 commercial lots and three tracts of land, containing a total of 29.64 acres of land. A future site plan amendment will be required as part of this request, as the area is zoned "C-P" Planned Commercial District. The plat does not include building setback lines which will be determined through plan review. There are 14 commercial lots shown on the plat that range in size from 0.77 acres to 4.22 acres. Tract D is 0.86 acres, and Tract E is 4.43 acres, and Tract F is 0.41 acres. This development will provide additional economic development opportunities for the City in support of Comprehensive Plan Economic Development Goal #4: "Look to vacant and underutilized properties for a creative and diverse configuration of repurposed uses." This site is north of a former gray field site that once contained an empty and dilapidated strip mall. The engineering department did notify the applicant that corrections were needed for the plat. These deficiencies shall need to be corrected before this plat can be submitted to the City Council. The final plat shows: 1) legal description 2) property lines: dimensions 3) adjoining subdivisions 4) right-of-way widths 5) easements 6) deed of dedication 7) engineers certificate of survey 8) date Building lines are not included on the final plat but will be addressed during the site plan amendment process. North Crossing Third Addition Final Plat Page 2 of 4 Page 415 of 545 Picture 1: Looking west from East 4th Street to Logan Avenue. Picture 2: Looking north toward Ralston Road. North Crossing Third Addition Final Plat Page 3 of 4 Page 416 of 545 Picture 3: Looking east from 2222 Logan Avenue toward East 4th Street. STAFF Therefore, staff recommends that the request by the City of Waterloo for RECOMMENDATION: the Final Plat of North Crossing 4th Addition a 14-lot commercial subdivision located between Logan Avenue (US Highway 63), East 4th Street, and south of Ralston Road, 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 or pedestrian conditions in the area. 3. The request would create additional economic development opportunities near Grand Crossing. 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. North Crossing Third Addition Final Plat Page 4 of 4 Page 417 of 545 Index Legend Prepared by & Returned to: Isaiah M. Reicks, PLS 22468 HRS, LLC - 2206 East Bremer Avenue, Waverly IA 50677 Proprietor: City of Waterloo & North Crossing, LLC Requested By: City of Waterloo County: Black Hawk Section(s)-Township-Range: 12-T89N-R13W Aliquot Part(s): W 1/2 - SW 1/4 City: Waterloo Subdivision: North Crossing Fourth Addition W DONALD ST W DALE ST SABRINA CIR ST CROIX DR VOLD DR Final Plat North Crossing Fourth Addition, City of Waterloo, Black Hawk County, Iowa, LOWDER E AIRLINE HWY Survey Location RALSTON LAKESIDE KEYSTONE ce v W �LDUISE ST Basis of Bearing: The Coordinate Basis for this survey and the subsequent Basis of Bearing is the Iowa State Plane Coordinate System North Zone (1401), Horizontal Control NAD 83 (2007), Vertical Control NAVD88 (Geoid 03). Control was acquired by localizing into the Black Hawk County GPS Control System utilizing points 119, 122, 123, 133, 135 & 170 and projecting from the cross of 119-135 and 133-170. Scale factor 1.0000905140 applied. Projection Point: Northing = 3,661,997.08' Easting = 5,240,996.83' Notes: See Sheet 1 for Location Map. See Sheet 2 for Section Control. See Sheet 3 for Survey Details See Sheet 4 Legal Description. Map Not to Scale Map Courtesy of the Iowa Department of Transportation http://www.iowadot.gov/maps/ Property Pins to be set within 1 year of recording FB: Black Hawk 10, Pgs. 61-64 Project Number: 2021-535 Sheet: 1 z O O LOUISE Owners: City of Waterloo North Crossing, LLC Developer: Noel Anderson City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Engineer: Robinson Engineering 819 Second Street NE Independence, Iowa 50644 New Hampton Waverly Clear Lake 641-394-2725 319-483-5187 641-231-8092 www.hrsurveying.com DONALD ST LEGEND . = Section Corner Found 0 = Section Corner Set • = Set 5/8" 0 Rebar w/YPC PLS 22468 • = Fd. 1/2" 0 Rebar w/YPC PLS 8033 • = Fd. 1/2" 0 Rebar • = Calculated Position = Survey Boundary Line RPC,YPC,OPC,BPC = Red, Yellow, Orange, Blue Plastic Cap (0.00') = Recorded Dimension I hereby certify that this land 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 State of Iowa. The unadjusted error of closure does not exceed 1:10,000 for the subdivision boundary and does not exceed 1:5,000 for any individual lot. Isaiah M. Reicks License Number 22468 My license renewal date is December 31, 2023. Sheets covered by this seal: 1-4 File: I:\Projects - WO\County Control Systems\WO\BLACK HAWK\BHCO-13\BHCO-13.dwg, 12/19/2023 12:27:32 PM Page 418 of 545 West 1/4 Corner Section 12-89-13 Fd. Survey Mark Nail w/Stainless Steel Washer PLS 22293 Rec. Doc. #2020-00020855 ./ Co U u Q 0 i 64.00' ROW Final Plat North Crossing Fourth Addition, City of Waterloo, Black Hawk County, Iowa. N 89°56'19" E 1331.46' NE Corner NW 1/4-SW 1/4 Section 12-89-13 Fd. 1 "0 Pinched Pipe Rec. Doc. #2018-18271 100.00' ROW N N / N uP M 01 0 0 Point of Commencement Point of Beginning North Crossing Fourth Addition S 89°58'10" E 212.17' 1 � 10.00' Utility Easement (Typ.) S 45°23'56" E 14.25' Ui 7 Lot 11 Total Area: 1.51 Acres (65,811 Sq. Ft.) 30.00' Storm Sewer Easement N 89°10'18" E _ 222.14' S 89°58'10' E 90.01' ., co CO N N Lot 12-rl Total Area: o 0.77 Acre _ (33,477 Sq. Ft.) ,a; I N 89°10'18" E \ I 216.94' Olivia Street 60.00' 220.29' N 89°10'18" E Lot 13 Total Area: 1.36 Acres (59,357 Sq. Ft.) 10.00' Utility Easement (Typ.) S 89°38'50" W 237.62' Lot 14 Total Area: 0.81 Acre (35,109 Sq. Ft.) UI IN I h rn N o w I \ Lot 9� 519.04' k it O 30.00' Storm U ui Sewer Easement rn C0 N 89°10'18" E P� 227.34' 216.86' -- N 44°36'04" E 14.04' Lot 10 Total Area: 1.52 Acres (66,274 Sq. Ft.) 1/4 Section Line 1 \v� Ralston Road M 0 rn N S 89°57'15" E - 1332.98' 1299.04' 680.00' - 66.00'ROW kg3 Qa< :1003,05 Ooc. Rec' 680.03' (680.00') 33.00' 713.04' (712.95') Co N T \ L Road PI 1111 259.92' (260.00') N 0 m ,_ �'o Tract E 10.00' o \ 2 m a Total Area: 0.86 Acre (37,402 Sq. Ft.) Ingress/Egress Easement -- Iui o a6ice S 89°57 15' E z co I ^0 Total Area: 0 - 7' - 0.82 Acre ---------- o _ I (35,911 Sq. Ft.) Existing 60.00' Sanitary & Lot 4 / 1- I 1 ° - Storm Sewer Easement Total Area: 4.22 Acres N 89 10' 18" E Bk. 1, Pgs. 427 429 Z I - 227.61' �;�M (183,947Sq. Ft.) . l v rn Lot 8 i-, Total Area: 1°o 0.75 Acre � (32,536 Sq. Ft.) 1r -S 89°38'50" W 218.76'- See Sheet 3 Heath Street for Details -S 89°38'50" W 219.51' 0 Tract B- - z Total Area: 0.41 Acre I -(17,918 Sq. Ft.)- i SW Corner Section 12-89-13 Calculated Position, Falls in Manhole Rec. Doc. #2018-00018274 Buckhart Street Tract C Total Area: 0.07 Acre (2,882 Sq. Ft.) vfi�\C5t cAr 011 cS' /co N 35.00' North Crossing Fourth Addition Total Area: 29.61 Acres -680.04'- - I 44 227.85' -N 89°10'18" E-- Lot 7 Total Area: 0.82 Acre (35,658 Sq. Ft.) 227.85' N 89°10'18" E Lot 6 Total Area: 0.81 Acre (35,434 Sq. Ft.) i 218.48' P m N i hG ,o y N 89°03'44" E 339.00' 680.00' 341.00' 35.00' Lu _ io OM Din N i, 0 m 0 m / Lot 5 Total Area: 2.44 Acres (106,123 Sq. Ft.) 335.84' in N M N 0°21'10" W 5 89°38'50" W Tract A S 89°38'50" W Total Area: 4.43 Acres (19,133 Sq. Ft.) 448.17' - 70.00' ROW 1/4-1/4 Section Line - i -=__===_ I I S 89°38'25" W --I-J OI Existing 4.00' Gas and Electrical Easement Misc. Bk. 116, Pg. 341 korni CrocNng Second ad on N 89°18'52" E �I 1 I I Lot 1 Total Area: 2.75 Acres (119,642 Sq. Ft) 15.00' Storm Sewer & Drainage Easement 461.12' II S 89°38'50" W1 I I 1 II II 11 II 70.00' Storm Sewer & Drainage Easement Lot 3 Total Area: 2.50 Acres (108,900 Sq. Ft.) N 44°21'20" E 14.07' 10.00' Utility Easement (Typ.) 304.24' 888.56' 888.53' 440.36' 10.00' Utility Easement (Typ.) S 0°21'10" E Phillip Caldwell Drive (future) Section Line QcdliNon East Donald Street 75' 0 75' 150' 300' Scale - 1 inch = 150 ft. 1333.87' S 45°38'43" E 14.21' Lot 2 Total Area: 2.70 Acres (117,825 Sq. Ft.) 35.00' Storm Sewer & Drainage Easement Herod - Reicks Surveying, 2206 East Brerrer Avenue, Waver y, IA 50677, Ph. 31)-483-587 452.86' 946.98' 1 0 UI N 33.00' ROW 11 0 I I m7 N Nctor O o „rn 1 N S 0°56'11" E ON1 U oIM East 4th Street lolarrf=Loges Nam IN °uior IDM 1335.40' IN 0 SE Corner SW 1/4-SW 1/4 Section 12-89-13 Fd. 1"0 Bronze Survey Marker PLS 22468 Rec. Doc. #2018-18273 Project Number: 2021-535 Sheet: 2 v KLR File: I:\Projects - WO\County Control Systems\WO\BLACK HAWK\BHCO-13\BHCO-13.dwg, 12/19/2023 12:28:54 PM Page 419 of 545 Final Plat U.S. Highway 63 (Logan Avenue) Section Line 70.00' 89°38'25" W 83.37' Lri NW Corner SW 1/4-SW 1/4 Section 12-89-13 Set 1 "0 Bronze Survey Marker PLS 22468 N 0)l 0 \• North Crossing Fourth Addition, City of Waterloo, Black Hawk County, Iowa. L Lot 14 10.00' Utility Easement (Typ.) 7.60' 0 oo N o O z c , IM I N S 89°38'50" W 70.00 ROW N 89°38'50" E } 228.76' Heath Street 229.51' Q) Q) w 27.47' 10.00' Tract B C 10.00' Utility Easement Total Area: 0.41 Acre (17,918 Sq. Ft.) Existing 12.00' Utility Access Easement Rec. Doc #200500002079 242.95' 1 w oN N M v 07 In Phillip Caldwell Drive 70.00' ROW P 5.00' U vi 79.20' N 89°38'25" E 20.80' Utility Easement 20.80' Utility Easement --------227.14'---- - -- 7 r --------327.14'--- // Existing 4.00' Gas and Electrical Easement Misc. Bk. 116, Pg. 341 Existing 8.00' Utility Easement as shown on Final Plat of Logan Plaza First Addition N v m z 0 0 o) 0 S 89°10'08" W a op 0 i0 .-I N N If as shown on Final Plat of Logan Plaza First Addition S 0°49'42" E 30.00' ROW m Ln 0 v Existing 15.00' Utility Easement 40.00' ROW - S 89°09'42" W Buckhart Street 227.11' (227.16') o (Existing Ingress/Egress & Utility Easement) � S 89°09'42" W 163.93' (163.98') Uroot G°a Logan Nan Furst poldlutuoB Existing 8.00' Utility Easement as shown on Final Plat of Logan Plaza First Addition U 1O�� Ii:71 as shown on Final Plat of Logan Plaza First Addition Existing 15.00' Utility Easement to z 0 53.17' S 89°09'42" W Delta: 8°52'00" Length: 35.59' Radius: 230.00' Tangent: 17.83' F Chord Bearing: N 6°33'38" W M Chord: 35.56' M 79.20' 20.80' S 89°10'44" W 10.00' 164.00' 264.00' 25' 0 25' 50' 100' Scale - 1 inch = 50 ft. --- 65.00' ROW 0 Cr; 0 N 0 0) -------- S 0°49'20" E 5 Herod - Reicks Surveying, 2206 East Brerrer Avenue, Waver y, IA 50677, Ph. 3'9-483-587 S 0°49'20" E N 0 20.00' `' L1/4-1/4 Section Line / ^CS NI S 0°49'20" E 50.80' 71 60.00 „ W 79°00 22 6 o ON 10.00' Utility Easement Existing Storm Water Easement I - -I Bk.14, Pg. 238 Parcel 3 (110' x 75') Lot 1 cAr Delta: 10°10'18" Length: 30.18' Radius: 170.00' Tangent: 15.13' Chord Bearing: S 5°54'29" E Chord: 30.14' Project Number: 2021-535 Sheet: 3 KLR File: I:\Projects - WO\County Control Systems\WO\BLACK HAWK\BHCO-13\BHCO-13.dwg, 12/19/2023 3:44:06 PM Page 420 of 545 Final Plat North Crossing Fourth Addition, City of Waterloo, Black Hawk County, Iowa. Legal Description: North Crossing Fourth Addition, located in Part of Lot 1 Menard-Logan Plaza Minor Plat, Part of Lot 1, North Crossing Second Addition and Part of the West Half of the Southwest Quarter, all in Section 12, Township 89 North, Range 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa, and more particularly described as follows: Commencing at the West Quarter Corner of said Section; Thence South 00°49'42" East, 288.83 feet along the West Line of said Quarter Section to the Westerly Extension of the South Right -of -Way Line of Ralston Road; Thence South 89°58'10" East, 100.00 feet along said Westerly Extension to the Intersection of the East Right -of -Way Line of U.S. Highway 63 (Logan Avenue) and the South Right -of -Way Line of Ralston Road and the Point of Beginning; Thence continuing South 89°58'10" East, 519.04 feet along said South Right -of -Way Line to the Northwest Corner of Parcel D, as recorded in Document #2003-05483, on file in the Black Hawk County Recorder's Office, Waterloo, Iowa; Thence South 00°55'36" East, 259.74 feet along the West Line of said Parcel D to the Southwest Corner thereof; Thence South 89°57'15" East, 680.03 feet along the South Line of said Parcel D to the Southeast Corner thereof and the West Right -of -Way Line of East Fourth Street; Thence South 00°56'11" East, 767.60 feet along said West Right -of -Way Line to the South Line of Northwest Quarter of the Southwest Quarter of said Section; Thence South 00°53'47" East, 202.86 feet along said West Right -of -Way Line; Thence South 89°38'50" West, 913.98 feet; Thence South 00°49'20" East, 50.80 feet; Thence Southeasterly 30.18 feet along a 170.00 foot Radius Curve, Concave Northeasterly (said Curve having a long chord of South 05°54'29" East, 30.14 feet); Thence South 79°00'22" West, 60.00 feet; Thence Northwesterly 35.59 feet along a 230.00 foot Radius Curve, Concave Northeasterly (said Curve having a long chord of North 06°33'38" West, 35.56 feet); Thence North 46°00'04" West, 14.18 feet; Thence South 89°09'42" West, 53.17 feet to the East Line of Lot 2, Logan Plaza First Addition; Thence North 00°51'00" West, 10.00 feet along the East Line of said Lot 2 to the Northeast Corner thereof; Thence South 89°09'42" West, 163.93 feet along the North Line of said Lot 2 to the Northwest Corner thereof; Thence South 00°49'42" East, 148.59 feet along the West Line of said Lot 2 to the Southwest Corner thereof; Thence South 89°10'44" West, 20.80 feet along the Westerly Extension of the South Line of said Lot 2; Thence North 00°49'42" West, 399.79 feet; Thence North 06°44'03" East, 25.30 feet; Thence North 00°21'10" East, 100.92 feet; Thence South 89°38'25" West, 13.37 feet to the East Right -of -Way Line of U.S. Highway 63 (Logan Avenue); Thence North 02°22'04" East, 538.10 feet; Thence North 00°49'42" West, 362.25 feet all along said East Right -of -Way to the to the Point of Beginning. Excepting Lot 3, Logan Plaza First Addition. Containing 29.61 Acre(s), subject to any easements recorded or unrecorded. Note: The Bearings and Distances indicated in this Legal Description are to the Monuments "Found or Set" as indicated on the attached "Final Plat" and the calls along the courses in this Description are to those Monuments as indicated. References are hereby made to the Recorded Documents as indicated on this Final Plat. Herod - Reicks Surveying, 2206 East Brerrer Avenue, Waver y, IA 50677, Ph. 3E-483-587 Project Number: 2021-535 Sheet: 4 KLR File: I:\Projects - WO\County Control Systems\WO\BLACK HAWK\BHCO-13\BHCO-13.dwg, 12/19/2023 12:29:25 PM Page 421 of 545 OWNER'S STATEMENT AND DEED OF DEDICATION FOR NORTH CROSSING FOURTH ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: That North Crossing, LLC. (hereinafter "Developer"), and City of Waterloo, Iowa ("City"), being desirous of setting and platting into Iots the land described in the attached Certificate of Survey by Isaiah M. Reicks, Licensed Land Surveyor, dated the day of , 202_, does by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Iowa, the same to be known as NORTH CROSSING FOURTH ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA hereinafter "Development", all of which is with the free consent and desire of Developer and City, and Developer and City do hereby designate and set apart for public use the streets and avenues as shown upon the attached plat. I. EASEMENTS Developer and City do hereby grant and convey to the City, its successors and assigns, and conveys to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, drainage, sanitary sewer, storm sewer, natural gas, electricity, communication service, or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under Development as shown on the attached plat. II. OWNERSHIP Upon filing of the Final Plat for this Addition, the Lots and Tracts shall be owned as follows: 1. Lots 1, 6-14, inclusive, shall be owned by Developer. 2. Lots 2-5, inclusive, shall be owned by City. 3. Tracts A & D shall be owned by the City for road purposes. 4. Tracts B & C shall be owned by the City and are to be used for future development. 5. Tract E shall be owned by the City and is to be used for stormwater conveyance. Page 422 of 545 III. COVENANTS, CONDITIONS, AND RESTRICTIONS Developer and City do also covenant and agree for themselves, their successors and assigns, that each and all of Lots in Development shall be and the same are hereby made subject to the following Covenants, Conditions, and Restrictions upon their use and occupancy as fully and effectively, to all intents and purposes, as if the same were set forth and contained in each deed of conveyance or mortgage that Developer or City, or its successors in interest, may hereafter make for any of the Lots and that such restrictions shall run with the land and with each Lot for the length of time and in the particulars hereafter stated, to wit: A. PURPOSE. The overall goal of the Covenants, Conditions, and Restrictions for Development is to produce a high quality and aesthetically pleasing development. The Covenants, Conditions, and Restrictions should help to preserve and enhance an environment in the completed Development that is pleasing to occupants, visitors, and neighbors. B. DEFINITIONS. For the purpose of this instrument, the following terms shall have the following definitions: 1. Development - shall mean and refer to the real property described on the above referenced Certificate of Survey, attached hereto. 2. Developer - shall mean North Crossing, LLC, and its successors and assigns. 3. Lot - shall mean and refer to any individual parcel of land located within Development which is platted as a separate parcel to be sold or developed. 4. Owner - shall mean and refer to the record owner, whether one or more persons or entities, of the legal or equitable title to any Lot. In the event an Owner of any Lot consists of more than one person or entity, such persons shall within thirty (30) days after the date of their acquisition of said Lot, execute and deliver to Developer a written instrument, including a power of attorney appointing and authorizing one individual or entity as their agent to receive all notices and demands required to be given pursuant to the terms and provisions of these Covenants, Conditions, and Restrictions, execute any and all documents, consents, and instruments required under the terms and provisions of these Covenants, Conditions, and Restrictions and to cast all votes and to take any and all action required or permitted to be taken by them under the terms and provisions of these Covenants, Conditions, and Restrictions. Owner may change its designated agent by written notice to Developer, but such change shall be effective only after actual receipt of the notice to Developer. C. PERMITTED AND PROHIBITED USES. 1. PERMITTED USES. Lots within Development may be used only for office, medical services, senior services, day care, retail sales and retail services, and they shall 2 Page 423 of 545 be consistent with the requirements of the applicable Zoning District of the City, as approved by Developer and not in conflict with any exclusive rights granted to other Owners or tenants within Development. Further, upon written approval of Developer (unless said use is subject to a development agreement with the City), Lots within Development may be used for other commercial uses compatible with and ancillary to the aforementioned uses (including, but not limited to, financial institutions, and restaurants, etc.). 2. PROHIBITED USES. a. Any use which is offensive by reason of odor, fumes, dust, smoke, noise or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or is, in the reasonable discretion of Developer, injurious to the reputation of any Lot in Development. b. Any use which is in violation of the laws of the United States, the State of Iowa, or any other governmental authority having jurisdiction over Development. c. Overnight parking of campers, semi -trucks, mobile homes, boats, motor homes, buses or passenger vehicles (except those maintained and used for medical services, patient transport, or delivery of goods and services to Lots), except that such parking is permitted in covered or enclosed areas. d. Uses not otherwise permitted in Section III(C)(l) above. e. Owner shall not sell items outside, unless approved in writing by all Owners in Development. f. Any use not consistent with the requirements of the applicable Zoning District of the City. D. GENERAL SITE STANDARDS. 1. BUILDING DESIGN. It is the intent of Developer and the City to produce an orderly and aesthetically pleasing environment that is compatible with the natural aspects of Development. The aesthetic appearance of the exterior of the buildings and other structures is of paramount concern to Developer and the City. a. All construction shall conform to the requirements of the City, and the State of Iowa Building Code, current editions. b. Construction on all Lots shall be diligently pursued and be completed within twelve (12) months of purchase and closing from Developer, or as provided in a development agreement to which the City is a party. In the event construction of a Lot sold by Developer is not completed in one (1) year, Developer may at its option repurchase the Lot at the previous sale price. No excavation shall be made except in conjunction with construction of an improvement. When such an improvement is completed, all exposed excavations shall be back -filled, graded, and returned, as nearly as possible, to its natural state or to the approved landscape plan for the site. 3 Page 424 of 545 2. LANDSCAPING. It is the intent to provide a landscape image of continuity and diversity by providing color and textural variety. It is also the intent of these regulations to reduce adverse effects upon a Lot and adjacent and nearby property, to screen unsightly and undesirable views, and to provide for shade, protection from elements, and the comfort and convenience of Development tenants and visitors. Landscape plans and any irrigation plans shall be submitted to and approved by Developer. All ground cover shall be seeded or sodded and be suitable for the Black Hawk County climate. All landscape beds shall be dressed with mulch chips or landscape stone. 3. SCREENING. All mechanical equipment (on the ground or roof), transformers, trash containers, or like equipment in the open shall be screened from view in a manner approved by Developer. Said screen shall be in height at least equal to that of the materials or equipment being stored but in any event shall fully shield said materials and equipment from public view and view from adjacent buildings. 4. SITE GRADING AND DRAINAGE. No water shall be drained or discharged from any Lot, except in accordance with grading plans approved by the City and Developer. Further, no Owner shall interfere with the drainage established by the grading plan for the remainder of Development or any other property adjacent to said Lot. Stormwater shall be collected on -site, detained and provide water quality per City Stormwater Management Requirements, and discharged in accordance with all federal, state, and local permits and / or requirements. 5. SIGNAGE. All signs shall be approved by Developer prior to construction. The design, format, and material of all signs shall be consistent with building architecture and Lot design, and shall conform to all requirements of applicable City ordinances. 6. PARKING, DRIVES, LOADING, AND OUTDOOR STORAGE. a. No Owner shall permit parking on any public street. b. Sufficient off-street parking should be developed at each Lot. c. No Lot shall have more than two curb cuts. All curb cuts are subject to Developer's approval and City requirements. 7. EXTERIOR LIGHTING. Exterior lighting shall be provided to meet the following guidelines: a. All wiring for exterior lighting, including but not limited to driveway, walkway, area, parking, and decorative lighting, shall be underground. b. All light fixtures shall be oriented such that glare directed onto adjacent properties, including streets and neighboring tenant lots, is minimized. c. Light standards shall be restricted to a maximum height of 20 feet. Poles should be a neutral color and complement the center. d. Each tenant shall maintain all lights and related posts, bases, and appurtenances in proper operating condition and free of corrosion. e. Parking and driveway lights shall be of a style and color consistent with those used in other North Crossing Additions and harmonize with the 4 Page 425 of 545 architecture of the proposed building on the Lot. f All site lighting shall be LED with the factory -default color. 8. LOCATION OF UTILITY LINES. All utility lines shall be located underground. Whenever possible, utility lines shall be located adjacent to streets to minimize disruption of landscaping during installation and maintenance of the lines. a. No utility meter or apparatus shall be located on any pole attached to the outside of any building wall which is exposed to view from any public street. b. All communication junctions shall be contained within utility vaults flush to surface. c. Electric transformers shall not occupy any part of the public right-of-way or the front setback as defined in the City's zoning ordinance at time of installation. 9. SUBDIVISION OF LOTS. No Lot in Development shall be split, divided, or subdivided, except: a. For the purpose of providing land in addition to an entire platted Lot for use in connection with a building; or b. Upon the written consent of Developer. 10. SIDEWALKS. The Owner of each Lot will install a 5-foot-wide portland cement concrete sidewalk with a minimum thickness of four inches, except that sidewalk thickness through driveways shall be a minimum thickness of six inches or match the thickness of the driveway if greater than six inches, across the full length of all street frontages of the Lots as defined above, and extend to match the end of existing sidewalk(s) on adjoining Lots where sidewalk exists. Said sidewalk shall also be required to be constructed across all street frontages of two (2) or more adjoining Lots, or portions thereof, when any Owner has acquired said two (2) or more adjoining Lots, or portions thereof, upon construction upon one (1) or more Lots, or portions thereof, all as required by the City. Notwithstanding anything to the contrary, sidewalks shall not be required on the western side of Philip Caldwell Drive. The sidewalk shall be constructed during or immediately after the construction on a Lot, or portions of Lots as previously described, in the Development, but before issuance of an Occupancy Permit from the City. The Owner shall install a sidewalk for any Lots remaining vacant for five (5) years after the date of final approval of the plat, as soon as the construction season permits, unless written application for an extension is made to the City, which approval shall not be unreasonably denied. Construction of handicap access ramps at the intersections shall be the responsibility of the adjacent property Owner, and as required by the City. E. APPROVAL REQUIREMENTS. As set forth herein, all plans, specifications, requests for authority to remodel or alter, or otherwise change the property must be submitted to Developer for approval. City's normal regulatory review and approval processes will be the mechanism for any approvals required by City. No building, sign, landscaping, lighting, or other exterior improvements shall be placed or erected on any Lot without prior written approval from Developer. Approvals shall be based upon, among other things, conformity and harmony of 5 Page 426 of 545 external designs with neighboring structures, effect of location and use of improvements on neighboring sites; orientation of main elevation with respect to nearby streets; and conformity of plans and specifications to the intent of these Covenants, Conditions, and Restrictions. Developer shall not arbitrarily or unreasonably withhold its action or decision on such plans and specifications. Developer's consent shall be presumed for any improvement project on a Lot conveyed by City that is the subject of a written development agreement, except in any instance where the project property has been sold, or is proposed to be sold, by City for less than fair market value to a project developer that previously unsuccessfully negotiated with Developer for purchase of a Developer -owned Lot involving a project with substantially the same use, scope, and features, and in such instance Developer shall have the prerogative to exercise the review and approval rights set forth in this subsection E. Except as stated in this paragraph, improvements or alterations to any Lot shall not be commenced prior to compliance with the following two-part review process. 1. CONCEPT DESIGN REVIEW. The objective is to ensure careful site planning with regard to location and size of building, parking, open space, and access. The concept design must be approved by Developer in writing prior to final design. Concept design shall include the following: a. Site plan information such as utility locations and connections, drainage, service areas, outdoor storage, trash receptacles, and mechanical equipment. Other activity or equipment that would alter the natural site must be shown. b. Building elevations and floor plans. c. Building materials, parking, and open space. d. Landscaping, signage, and lighting. e. Construction staging. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the site design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such site design. 2. FINAL DESIGN REVIEW. Submission to include, but not limited to, the following: a. A topographical and boundary map showing contour grades (with 1' intervals), the species, location, and size (measured 12" above the ground of all existing trees greater than 6" caliper) and the location of all improvements, such as signs, structures, walks, patios, driveways, fences, and walls. Existing and finished grades shall be shown at parcel corners and for proposed improvements. Lot drainage provisions shall be included, as well as cut and fill details, if any applicable change in contours is contemplated. b. Exterior elevations, including areas to be screened. c. Exterior materials, colors, textures, and shapes. d. Landscaping plan, including proposed clearing, walkways, fences, walls, elevation changes, irrigation systems, vegetation, and ground cover. 6 Page 427 of 545 e. Parking area and driveway plan. Driveway locations to be approved by the City. f. Screening, including size, location, and method. g. Utility routing and connection points. h. Exterior illumination, including location. i. Fire Protection system as required by all NFPA Codes. j. Signs, including copy, size, shape, color, typeface, location, illumination, and materials. Also, elevation and plan view drawings indicating sign and relationship to all other visual elements within 50' of the sign. k. Trash container storage locations and related screening. 1. Proposed use of parcel of land and estimated building occupant load. m. Clearing plan and tree protection plan, plus measures for environmental protection during construction, including the application for the issuance of any required stormwater discharge permits. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the site design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such site design. 3. CONSTRUCTION DOCUMENTS. A copy of all construction documents shall be filed with Developer in hard copy and digital/pdf format in each submission for review. This review is for the purpose of ensuring conformity to Developer approved final design in Section III(E)(2) only. All buildings must be designed by a registered architect and all landscape plans by a registered landscape architect. The architect(s) and registered engineer(s), shall be responsible for the safety of structural, mechanical, electrical, and other systems in the improvements. The seal of Iowa registrations of the appropriate architect, engineer, and/or landscape architect must appear on the final drawings. The architect must also submit a statement of his/her signature to the effect that the contract documents have been prepared in accordance with all other applicable codes, ordinances, and regulations related to the particular project. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the site design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such site design. F. MAINTENANCE. Each Owner and occupant (including a tenant) of a Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, of keeping that Lot so owned or occupied, including buildings, improvements, private drive, easements areas, and grounds in connection therewith or appurtenant thereto (specifically including parkway area between the Lot line and any adjacent street curb), in a well -maintained, clean, wholesome, and attractive condition at all times and shall comply in all respects with all applicable governmental health, fire and safety statutes, ordinances, regulations or requirements. Maintenance requirements shall include, but are not limited to, the following: 7 Page 428 of 545 1. TRASH. All rubbish, trash, garbage, litter, refuse, and other waste shall be stored in clean and sanitary solid waste receptacles and shall be promptly removed from Lot prior to its accumulation. 2. EXTERIOR LIGHTING. All exterior lighting and mechanical facilities shall be kept in good working order. 3. PARKING AREAS. All parking areas shall be striped and all parking areas, driveways, and roads kept in good repair. 4. EXTERIOR DAMAGE. All exterior damage to any improvements shall be promptly repaired and the exterior of all improvements shall be repainted as needed. 5. LAWN AREAS. All lawn areas shall be timely mowed and edged a minimum of once a week during the growing season as needed to keep an even, well-groomed appearance; shall be watered and fertilized at such times and in such quantities as required to keep the grass alive and attractive; and shall be kept free of weeds. 6. TREES, SHRUBS, PLANTS. All trees, shrubs, plants, and ground covers shall be timely and properly trimmed (including the removal of deadwood therefrom) according to their plant culture and the landscape design shall be watered and fertilized at such times and in such quantities as required to keep them alive and attractive. Any dead tree, shrub, plant, ground cover shall be removed and replaced seasonably. All bed areas shall be free of weeds and cultivated periodically as needed. G. NORTH CROSSING OWNER'S ASSOCIATION. Each person or entity who is record owner of a fee or undivided fee interest in any Lot in North Crossing First Addition, North Crossing Second Addition, North Crossing Third Addition, and North Crossing Fourth Addition shall be a member of the Owners Association to be known as North Crossing Owners' Association. This shall not be construed to include persons or entities who hold an interest merely as security for the performance of an obligation. There shall be one vote per lot and each Lot owner shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot; ownership of such lot shall be the sole qualification of membership. Developer reserves the right to add additional real estate to be a part of the Association. Any and all drainage easements will be required to follow the "Stormwater Management Plan" and no building structures, fence structures, landscaping structures, private gardens or any other possible obstruction can be built in and over said drainage easements. All Lot owners and/or contractors working on said Lots will be responsible to maintain said easements to be free and clear of any physical obstruction(s) thus allowing the conveyance of overland storm water runoff as intended per "Stormwater Management Plan" on record with the City of Waterloo Engineer's Office. The purpose of North Crossing Owners' Association shall be to own and maintain the common area and green spaces of the development, including but not limited to Tracts "A" and 8 Page 429 of 545 "C" in North Crossing Third Addition and surrounding access (whether located in said subdivision or serving said subdivision but located outside thereof) and such other activities set forth in the Articles of Incorporation and Bylaws of the Association. Such ownership and maintenance shall include, but not limited to, maintenance of the retention pond(s)' water retention/detention area(s) including water quality issues set forth by the City of Waterloo. Initially, the Developer shall perform the actual construction duties to establish the pond and surrounding access area. The annual dues for the Association shall initially be set at $100.00 per Lot per year beginning March 1, 2024. The Developer and the City shall be exempt from any dues expense. The Association shall have the ability and authority to adjust annual dues as it deems appropriate to carry out the maintenance duties as described above. H. INCENTIVE PAYMENTS. Developer shall be solely entitled to any government incentives, rebates, or other funds (collectively "Incentives") negotiated and received for Development, and Owners shall not have any claim to the same or right to reduction in payment, including any payment of real estate taxes, based upon the same. Owners shall cooperate with Developer, including but not limited to assigning any rights to Incentives to Developer. I. ENFORCEMENT. If any party shall violate or attempt to violate any of the Covenants, Conditions or Restrictions contained herein, it shall be lawful for Developer or any Owner to prosecute a proceeding in law or in equity against the person or persons violating or attempting to violate such Covenants, Conditions or Restrictions, and to either prevent him or them from so doing or recover damages for such violations. J. WAIVER. Neither the Developer nor its successors or assigns shall be liable to any Owner or occupant of any Lot by reason of any mistake in judgment, negligence, nonfeasance, action, or inaction or for the enforcement or failure to enforce any provision of this instrument. Every Owner or occupant of any Lot by acquiring its interest therein agrees that it will not bring any action or suit against Developer to recover any such damages or seek equitable relief because of the same. K. VARIANCES. Developer may grant Owner a variance from any of these Covenants, Conditions, and Restrictions as long as the general purpose of the Covenants, Conditions, and Restrictions is maintained, provided that Developer may not grant a variance from the use restrictions set forth in Section III(C)(1) and (2). Any variance granted from the provisions of these Covenants, Conditions, and Restrictions shall only be applicable to the specific Lot and conditions for which the variance was granted and shall in no respect constitute a change in or effect the terms or conditions set out in the standards as same apply to other Lots or conditions. L. MODIFICATION. Each of the undersigned and all persons and corporations hereafter acquiring any right, title, or interest in Development shall be taken and held to have agreed and covenanted with the undersigned, and with the respective successors and assigns of said real estate, to conform to and observe all of the foregoing covenants, restrictions, and stipulations as to the use, improvement, and occupancy of said real estate, for a period of 21 years from the date of the filing of said plat, however, that the easements contained herein, shall not be subject to change at any time, but shall be permanent. 9 Page 430 of 545 M. MISCELLANEOUS. 1. SEVERABILITY. If any term or provision of this instrument or the application thereof to any circumstance shall, in any jurisdiction and to any extent, be invalid or unenforceable, such term or provision shall be ineffective as to such jurisdiction to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable such term or provision in any other jurisdiction, the remaining terms and provisions of this instrument or the application of such terms and provisions to circumstances other than those as to which it is held invalid or enforceable. 2. FURTHER ACTIONS. The parties agree to execute and deliver from time to time hereafter any and all such further documents and to take such further actions as shall be reasonably necessary to carry out the terms hereof. 3. GOVERNING LAW; JURY TRIAL WAIVER. The validity, interpretation, performance and enforcement of this instrument shall be governed by the laws of Iowa. Each of the parties consents to the jurisdiction of the federal and state courts in Iowa in all matters relating to this instrument AND FURTHER WAIVES ANY RIGHT TO TRIAL BY JURY. The prevailing party in any action to enforce this instrument shall be entitled to reasonable attorney fees and costs. 4. RUNNING WITH THE LAND. All the covenants, agreements, conditions, and restrictions set forth in this Agreement are intended to be construed as covenants running with the land and shall be binding upon and inure to the benefit of the heirs, assigns, and successors of the parties. 5. NOTICES. Each notice, demand, or other document or instrument required or permitted to be served upon any of the parties hereto shall be in writing and shall be deemed to have been duly served when delivered personally or by recognized overnight courier service with receipt, or the third (3`d) day after being mailed by certified United States mail, postage prepaid, return receipt requested, addressed to the respective party at the address for said Owner designated on the Black Hawk County Assessors' web site, unless a party notifies the others, in writing, of a different address. 10 Page 431 of 545 IN WITNESS WHEREOF, the undersigned Developer and City have hereunto set their hand as of the day and year first above written. BRENDA ANN ENGEL r COMMISSION NO.801293 MY(7 .ak 77,koz IRES STATE OF IOWA COUNTY OF BLACK HAWK No . rossing, LLC njamin' Stroh Its: Manager )ss. This record was acknowledged before me on this by Benjamin B. Stroh, as Manager of North Crossing, ATTEST: By: Kelley Felchle, City Clerk STATE OF IOWA ) COUNTY OF BLACK HAWK )ss. day of te bra cH y , 2023, Notary Public City of Waterloo, Iowa By: Quentin J. Hart Its: Mayor This record was acknowledged before me on the day of , 2024, by Quentin J. Hart as Mayor, and Kelley Felchle as City Clerk, of the City of Waterloo, Iowa. Notary Public 11 Page 432 of 545 NORTH CROSSING FOURTH ADDITION, WATERLOO, IOWA SURVEYOR'S CERTIFICATE I, Isaiah M. Reicks, a licensed and professional surveyor in the State of Iowa, hereby certify that 1 have a made a survey of the real estate with the following description: North Crossing Fourth Addition, located in Part of Lot 1 Menard-Logan Plaza Minor Plat, Part of Lot 1, North Crossing Second Addition and Part of the West Half of the Southwest Quarter, all in Section 12, Township 89 North, Range 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa, and more particularly described as follows: Commencing at the West Quarter Corner said Section; Thence South 00°49'42" East, 288.83 feet along the West Line of said Quarter Section to the Westerly Extension of the South Right -of -Way Line of Ralston Road; Thence South 89°58'10" East, 100.00 feet along said Westerly Extension to the Intersection of the East Right -of -Way Line of U.S. Highway 63 (Logan Avenue) and the South Right -of -Way Line of Ralston Road and the Point of Beginning; Thence continuing South 89°58'10" East, 519.04 feet along said South Right -of -Way Line to the Northwest Corner of Parcel D, as recorded in Document #2003-05483, on file in the Black Hawk County Recorder's Office, Waterloo, Iowa; Thence South 00°55'36" East, 259.74 feet along the West Line of said Parcel D to the Southwest Corner thereof; Thence South 89°57'15" East, 680.03 feet along the South Line of said Parcel D to the Southeast Corner thereof and the West Right -of -Way Line of East Fourth Street; Thence South 00°56'11" East, 767.60 feet along said West Right -of -Way Line to the South Line of Northwest Quarter of the Southwest Quarter of said Section; Thence South 00°53'47" East, 202.86 feet along said West Right -of -Way Line; Thence South 89°38'S0" West, 913.98 feet; Thence South 00°49'20" East, 50.80 feet; Thence Southeasterly 30.18 feet along a 170.00 foot Radius Curve, Concave Northeasterly (said Curve having a long chord of South 05°5429" East, 30.14 feet); Thence South 79°00'22" West, 60.00 feet; Thence Northwesterly 35.59 feet along a 230.00 foot Radius Curve, Concave Northeasterly (said Curve having a long chord of North 06°33'38" West, 35.56 feet); Thence North 46°00'04" West, 14.18 feet; Thence South 89°09'42" West, 53.17 feet to the East Line of Lot 2, Logan Plaza First Addition; Thence North 00°51'00" West, 10.00 feet along the East Line of said Lot 2 to the Northeast Corner thereof; Thence South 89°09'42" West, 163.93 feet along the North Line of said Lot 2 to the Northwest Corner thereof; Thence South 00°49'42" East, 148.59 feet along the West Line of said Lot 2 to the Southwest Corner thereof; Thence South 89°10'44" West, 20.80 feet along the Westerly Extension of the South Line of said Lot 2; Thence North 00°49'52" West, 399.79 feet; Thence North 06°45'49" East, 25.30 feet; Thence North 00°21'10" East, 100.92 feet; Page 433 of 545 Thence South 89°38'25" West, 13.37 feet to the East Right -of -Way Line of U.S. Highway 63 (Logan Avenue); Thence North 02°22'04" East, 538.11 feet Thence North 00°49'42" West, 362.25 feet all along said East Right -of -Way to the to the Point of Beginning. Excepting Lot 3, Logan Plaza First Addition. Containing 29.61 Acre(s), subject to any easements recorded or unrecorded. The foregoing described real estate is to be hereafter known and designated as; North Crossing Fourth Addition, City of Waterloo, Black Hawk County, Iowa. I further certify that the accompanying plat is a true representation thereof in accordance with my field notes of said survey, has been prepared in accordance with the laws of the State of Iowa relating thereto, and the figures in said plat representing distances are in feed and decimals of feet, and that said survey and plat contain and show any and all surplus and any and all deficiencies from former surveys of record. Dated at Waverly, Iowa, this --day of fi os) apt.,gp_dL , 2023. Isaiah M. Reicks Iowa License #22468 Page 434 of 545 t9 Vt9WATERLOO Engineering CITY OF March 6, 2024 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT NORTH CROSSING 4TH ADDITION Dear Aric: 715 Mulberry St, Waterloo, IA 50703 0 Phone: (319) 291-4312 t. CITYOF WATE R LOO IOWA.CO M This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerely, Wayne Castle, PLS, PE Assistant City Engineer (i CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (FINAL) 1. APPLICATION INFORMATION: a. Applicant's Name — Business name if applicable(please print): a u N� i90 Address: — f �,-(. Phone: — � �/� (o City: Q State`} Zip: 3 CD Email: N, f , a iAA'p190 a-69a`ACrpo b. Status of Applicant: (a) Owner (b) Other (CHECK ONE): If other explain: c. Property Owner's Name if different than above (please print): Address: Phone: City: State: Zip: 2. PREPARER INFORMATION (licensed land surveyor): a. Preparer's Business Name (please print): _c o V R e C 0S L t' Primacy Preparer's Name: __ 5c ' k € ( S Phone: % \Q --- c R.7 E-mail: 3. PROPERTY INFORMATION: ,,c a. Name of Plat: Q��� �� b. General Location of Property: c. Area of Proposed Plat: d. Area of Proposed Plat to be dedicated/conveyed to the City: c?", G([ v (3 S e. Value of area to be dedicate on e ed; to the City: f. Zoning District(s): ' 1 t 4. OTHER DOCUMENTATION: a. Date of Preliminary Plat Approval: P&Z City Council 6(114 k � 161 '1 •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 terloo Planning, Programming, and Zoning Commission and a W. erloo City Council in making their decision. T un igned authorize City Zoning Officials to enter the proper in �y�ion in regards to the request Q to N")ltrt_ Signature of Applicant Date Signature of Owner — /(30,Z2 Date Page 436 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving the Termination of a Development and Minimum Assessment Agreement with GMJ2 Industries, LLC, for property located south of 2330 GT Drive, originally approved by Council on May 26, 2015, for failure to complete the project per the timeline provided for in the Development Agreement, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The termination of the agreement is to clear title for future development of the land. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES None ALTERNATIVE ACTION LEGAL DESCRIPTION Lots 14, 15, 16, Northeast Industrial park Plat No.3, City of Waterloo, Black hawk County, Iowa. Page 437 of 545 ATTACHMENTS 1. Termination of DA (GMJ2) 2. GMJ2 Industries, LLC-6 8 2015 Page 438 of 545 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701 Return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. TERMINATION OF DEVELOPMENT AGREEMENT WHEREAS, the City of Waterloo, Iowa ("City") and GMJ2 Industries, LLC ("Company") entered into a certain Development Agreement (the "Agreement") and Minimum Assessment Agreement (the "MAA"), each dated May 26, 2015, concerning real property legally described in said documents (the "Property"); and WHEREAS, Company has failed to undertake the Project, City did not convey the Property to Company, and City desires to terminate the Agreement. NOW, THEREFORE, City does hereby terminate the Agreement and the MAA. Any term in this instrument that is capitalized but not defined has the same meaning that is ascribed to it in the Agreement. Dated , 2024 CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk Page 439 of 545 Please return this copy to: City Clerk & Finance Dept. 715 Mulberry St. Waterloo, IA 50703 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234-5701 Name Address City Phone DEVELOPMENT AGREEMENT — Phased Project This Development Agreement (the "Agreement") is entered into as of , 2015 by and between GMJ2 Industries, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). Jim D. Ellis is a principal of Company and executes the personal guaranty at the end of this Agreement for the purposes stated therein. RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct buildings and related improvements on property located in the Northeast Industrial Park urban renewal area, legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Phased Development. The parties contemplate that Company will develop the Property in three phases. Each phase shall consist of two or more mini - storage buildings of no less than 14,400 square feet and related improvements for each of Phases 1 and 2, and 7,800 square feet and related improvements for Phase 3. In connection with each separate phase, Company and City agree to enter into a minimum assessment agreement as described in Section 8 below. Company shall submit specific site plans for City review and approval as a condition to conveyance of any given Phase Area (defined below) pursuant to Sections 2 and 4 below. Improvements to the Property completed within the schedule established by Section 4 1 Page 440 of 545 will be eligible for the benefits provided for in this Agreement, and any part of the Improvements not completed within the prescribed period will not be eligible for said benefits. 2. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property, or cause it to be conveyed, to Company in separate transactions on a phase - by -phase basis as set forth herein, for the sum of $1.00 (the "Purchase Price") for that part of the Property subject to each phase (each a "Phase Area"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the next phase of the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it currently has in its possession, including any abstracts, to assist in title preparation. Company shall, at its sole expense, undertake all work of surveying necessary to subdivide the Property into distinct Phase Areas, and all other survey or platting work necessary or desirable for Company's Project purposes. 3. Improvements by Company. Company shall construct on each Phase Area the improvements described in Section 1 above, including related parking, landscape, and other improvement to the buildings and grounds (collectively, the "Improvements"). Parking for each phase of Improvements shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements for a given phase will have a cost as set forth in the supplemental development agreement applicable to that phase. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 4. Timeliness of Conveyance and Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. 2 Page 441 of 545 A. Deadlines to convey, commence and complete. Subject to the terms of this Agreement, Company may request conveyance of a Phase Area at any time before the following deadlines: Phase 1 conveyance deadline: April 30, 2016 Phase 2 conveyance deadline: April 30, 2018 Phase 3 conveyance deadline: April 30, 2020 Conveyance shall be made as promptly after Company's request as practicable. Measured from the date that any Phase Area is deeded to Company, Company must obtain a building permit and begin construction on the corresponding phase within two (2) months. Construction of Improvements for each phase must begin within the time set forth in this paragraph, or Company's right to acquire any Phase Area not yet conveyed to Company will expire. Construction of each phase shall be completed within twelve (12) months of its commencement. B. Events triggering reverter of title. (i) If Company has not, in good faith, begun the construction of any phase of the Improvements on said schedule, then title to the applicable Phase Area shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun at the end of any phase commencement period but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the applicable Phase Area shall revert to the City after the end of said extended period. (ii) If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the applicable Phase Area(s) to City by special warranty deed, free and clear of any lien, claim, or encumbrance arising by or through Company, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. In connection with any conveyance to City, Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property or any Phase Area. (iii) If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of any phase or of the entire Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the Phase Area(s) shall revert to the City. 3 Page 442 of 545 5. Reverter of Title; Indemnity. Title shall not revert to City as to any phase of Improvements that has been substantially completed. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property or any portion thereof. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property or any Phase Area of any type or nature whatsoever that attaches to the Property or a Phase Area by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property or any Phase Area, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any Phase Area for any purpose except in connection with financing of the Improvements. 7. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against any portion of the Property conveyed to Company hereunder. Company further agrees that prior to the date set forth in Section 2 of such minimum assessment agreement it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount stated in the minimum assessment agreement applicable to a given phase (the "Minimum Actual Value"), through: 4 Page 443 of 545 (i) either; willful destruction of the Property, the Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. The Minimum Actual Value for each Phase Area will be as follows: Phase Area 1 $432,000 Phase Area 2 $432,000 Phase Area 3 $234,000 In connection with each phase of Improvements, and as a condition to receiving the benefits provided for in this Agreement, Company agrees to execute a minimum assessment agreement substantially in the form attached hereto as Exhibit "C." 9. Tax Rebates. Provided that Company has completed the Improvements as set forth herein for all Phase Areas and has executed a minimum assessment agreement for each Phase Area as set forth in Section 8, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Five 50% rebate each year for any taxable value over the January 1, 2014 value, which is as follows for each Phase Area: Phase Area 1 $24,050 Phase Area 2 $21,350 Phase Area 3 $20,300 Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate for that year shall be subject to forfeiture. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. 5 Page 444 of 545 The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements for all three Phase Areas, and in any event not based on a prior year for which the assessment is based solely upon (x) the value of the Property or a Phase Area or upon (y) the value of the Property or a Phase Area and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. Company must complete all phases of the Project in order to qualify hereunder for tax rebates with respect to any given Phase Area. 10. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 11. 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. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, 6 Page 445 of 545 and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 13. Restriction on Assignment or Conveyance; Sharing of Proceeds. Company agrees that it will not sell, convey, assign or otherwise transfer, in whole or in part, to any other person or entity, its interest in any Phase Area before completion of all Improvements to be made upon such Phase Area without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. As a further condition to the granting of such consent, the parties agree to negotiate in good faith for Company's sharing of sale proceeds with City as partial reimbursement to City for its expenses relating to its activities in support of the Project and in assembling the Property. 14. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 15. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, or by United States registered or certified mail, postage prepaid, and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 3731 Pheasant Lane, Suite 201, Waterloo, Iowa, 50701, Attention: Jim Ellis. 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. 7 Page 446 of 545 16. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 17. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 18. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 19. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 22. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 23. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. 8 Page 447 of 545 CITY OF W/ TERLOO, IOWA GMJ2 INDUSTRIES, LLC By: Ernest G. Clark, Mayor Jim Attest: Suzy Sclares, City Clerk . Ellis, Manager PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of guarantors hereunder is joint and several. 9 Page 448 of 545 EXHIBIT "A" Legal Description of the Property Lots 14, 15, and 16, Northeast Industrial Park Plat No. 3, City of Waterloo, Black Hawk County, Iowa. 1 Page 449 of 545 See attached. EXHIBIT "B" General Depiction of Phase Areas 1 Page 450 of 545 Page 451 of 545 EXHIBIT "C" Form of MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , by and among the CITY OF WATERLOO, IOWA ("City"), GMJ2 Industries, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a Development Agreement (the "DA") regarding certain real property described therein located in the City of Waterloo; and WHEREAS, it is contemplated that pursuant to the DA, the Company will undertake the development of an area ("Phase Project") within the City and within the Northeast Industrial Park urban renewal area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Phase Project, which shall be effective upon substantial completion of the Phase Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Phase Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Phase Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company upon the real property described on Exhibit "A" attached hereto, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Phase Project shall not be less than $456,550.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2016. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2031. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by 1 Page 452 of 545 the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full, commencing with the assessment of January 1, 2032. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the DA. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized officers as of the date first set forth above. CITY OF WATERLOO, IOWA By: By: Ernest G. Clark, Mayor 14. Suzy Scha}es, City Clerk 2 GMJ2 INDUSTRIES, LLC By: ° Ej2(2),' Jirrf D. Ellis, Manager Page 453 of 545 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this (Jr day of , before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. NANCY HIGBY COMMISSION NO.788229 MY CMMISStONIRES STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on ,Q/1 _ i je) by Jim D. Notary Public Ellis as Manager of GMJ2 Industries, LLC. Pa-bLece er\inku Notary Public 3 Page 454 of 545 Page 455 of 545 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Dollars ($ ) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Ass'or f r Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on l /b - - / S . Notary Public *I A4 e a o w t• DEBORAH L. BOECKMANN MY COMMISSION NO. 195768 MY CO ION IRES 1 Page 456 of 545 CITY OF ATERLOO J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving a Subordination Agreement with Grand Investments, LLC for the benefit of Arbor Commercial Funding I, LLC, to refinance an existing mortgage dated May 15, 2015, filed June 3, 2015, under recorded document number 2015-19747, and replace the current subordination agreement file October 9, 2015, under recorded document number 2016-6852, for projects located at 21 and 45 West Jefferson Street, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Grand Investments, LLC is doing a refinance of their current primary mortgage on the properties at 21 and 45 West Jefferson Street, and there is an existing subordination agreement in place with the previous lender and this new agreement will replace the current one because the older mortgage will be paid off by the refinancing. When a mortgage was received for the projects in 2015, the City was also part of the mortgage, so they could secure a loan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 457 of 545 LEGAL DESCRIPTION Real property in the City of Waterloo, County of Black Hawk, State of Iowa, described as follows: Units 101-103, 105-112, 114-118, 201-212, 214-218, 301-312, 314-318, 400-412, and 414-418, including the undivided interests in the common elements appurtenant to said units, all in Grand Crossing Condominiums, pursuant to the Declaration of Submission of Property to Horizontal Property Regime for Grand Crossing Condominiums, dated December 14, 2017, recorded December 19, 2017, as File 2018-10540, located on Parcel A in Part of Lot No. 30 in "Auditor's Falls Avenue and Mullen Avenue Plat" as described on Plat of Survey Doc. # 2014-11362 and located on Parcel B in part of Lot 30 in "Auditor's Falls Avenue and Mullen Avenue Plat" recorded in Book 327, Page 412; except the Southeasterly 137 feet of said Parcel B, in the office of the County Recorder, Black Hawk County, Iowa; and Units 101-103, 201-209, 211-213, 301-309, 311-313, 401-409, and 411-413, including the undivided interests in the common elements appurtenant to said units, all in Grand Crossing II Condominiums, pursuant to the Declaration of Submission of Property to Horizontal Property Regime for Grand Crossing II Condominiums, dated May 17, 2018, recorded May 24, 2018, as File No. 2018-19183, located on the Southeasterly 137 feet of Parcel B in part of Lot 30 in "Auditor's Falls Avenue and Mullen Avenue Plat" recorded in Book 327, Page 412, in the office of the County Recorder, Black Hawk County, Iowa. ATTACHMENTS 1. Subordination Agreement 2. Aerial Map Page 458 of 545 Type of Document: Subordination Agreement Timothy L. Gustin, Moss & Barnett, PA 150 South Fifth Street, Suite 1200, Minneapolis, Minnesota 55402, (612) 877-5000 Preparer's Information: (Individual's Name, Street Address, City, Zip, Phone) Grand Investments, LLC, 604 Clay Street, Cedar Falls, Iowa 50613 Taxpayer Information: (Individual/Company Name, Street Address, City, Zip) Timothy L. Gustin, Moss & Barnett, PA 150 South Fifth Street, Suite 1200, Minneapolis, Minnesota 55402 Return Document to: (Individual/Company Name, Street Address, City, Zip) Grantors: City of Waterloo, Iowa 620 Mulberry Street Waterloo, Iowa 50703 Legal Description: See attached Exhibit A. Book & Page Reference: Subordination Agreement (Affordable) Fannie Mae Grantees: Arbor Commercial Funding I, LLC 3370 Walden Avenue, Suite 114 Depew, New York 14043 Form 6456 06-19 © 2019 Fannie Mae Page 459 of 545 [Space Above This Line For Recording Data] SUBORDINATION AGREEMENT (Affordable) This SUBORDINATION AGREEMENT (this "Agreement") dated as of March , 2024, is executed by and among (i) Arbor Commercial Funding I, LLC, a New York limited liability company ("Senior Lender"), (ii) the City of Waterloo ("Subordinate Lender"), and (iii) Grand Investments, LLC, an Iowa limited liability company ("Borrower"). RECITALS: A. Pursuant to that certain Multifamily Loan and Security Agreement dated as of the date hereof, executed by and between Borrower and Senior Lender (as amended, restated, replaced, supplemented or otherwise modified from time to time, the "Senior Loan Agreement"), Senior Lender has agreed to make a loan to Borrower in the original principal amount of $ ,000,000.00 (the "Senior Loan"), as evidenced by that certain Multifamily Note dated as of the date hereof, executed by Borrower and made payable to the order of Senior Lender in the amount of the Senior Loan (as amended, restated, replaced, supplemented or otherwise modified from time to time, the "Senior Note"). B. In addition to the Senior Loan Agreement, the Senior Loan and the Senior Note are also secured by a certain Multifamily Mortgage, Deed of Trust or Deed to Secure Debt dated as of the date hereof (as amended, restated, replaced, supplemented or otherwise modified from time to time, the "Senior Security Instrument"), encumbering the property described in the Senior Security Instrument as the "Mortgaged Property" and described on Exhibit A attached hereto. C. Borrower has requested Senior Lender to permit that certain subordinate loan in the amount of $3,650,000.00 (the "Subordinate Loan") from Subordinate Lender to Borrower and to allow the Subordinate Loan to be secured by that certain Mortgage, dated May 15, 2015 and recorded June 3, 2015, as File No. 2015-00019747, executed by Borrower, as mortgagor, to Subordinate Lender, as mortgagee, in the original principal amount of $3,650,000.00, and Modification to Mortgage, dated September 21, 2015 and recorded September 30, 2015 as File No.: 2016-00006235 against the Mortgaged Property. Subordination Agreement (Affordable) Fannie Mae Form 6456 06-19 Page 1 © 2019 Fannie Mae Page 460 of 545 D. Senior Lender has agreed to permit the Subordinate Loan and to allow the subordinate mortgage lien of the Subordinate Mortgage against the Mortgaged Property subject to all of the conditions contained in this Agreement. AGREEMENTS: NOW, THEREFORE, in order to induce Senior Lender to permit the Subordinate Loan to Borrower and to allow a subordinate mortgage lien against the Mortgaged Property, and in consideration thereof, Senior Lender, Subordinate Lender and Borrower agree as follows: 1. Recitals. The recitals set forth above are incorporated herein by reference. 2. Definitions. In addition to the terms defined in the Recitals to this Agreement, for purposes of this Agreement the following terms have the respective meanings set forth below: "Affiliate" means, when used with respect to a Person, any corporation, partnership, joint venture, limited liability company, limited liability partnership, trust or individual Controlled by, under common Control with, or which Controls such Person, and in all cases any other Person that holds fifty percent (50%) or more of the ownership interests in such Person. "Borrower" means the Person named as such in the first paragraph on page 1 of this Agreement, any successor or assign of Borrower, including without limitation, a receiver, trustee or debtor -in - possession and any other Person (other than Senior Lender) who acquires title to the Mortgaged Property after the date of this Agreement. "Business Day" means any day other than (a) a Saturday, (b) a Sunday, (c) a day on which Senior Lender is not open for business, or (d) a day on which the Federal Reserve Bank of New York is not open for business. "Condemnation Action" means any action or proceeding, however characterized or named, relating to any condemnation or other taking, or conveyance in lieu thereof, of all or any part of the Mortgaged Property, whether direct or indirect. "Control" (including with correlative meanings, the terms "Controlling," "Controlled by" and "under common Control with"), as applied to any entity, means the possession, directly or indirectly, of the power to direct or cause the direction of the management or operations of such entity, whether through the ownership of voting securities, ownership interests or by contract or otherwise. "Default Notice" means: (a) a copy of any written notice from Senior Lender to Borrower and Subordinate Lender stating that a Senior Loan Default has occurred under the Senior Loan Documents; or (b) a copy of the written notice from Subordinate Lender to Borrower and Senior Lender stating that a Subordinate Loan Default has occurred under the Subordinate Loan Subordination Agreement (Affordable) Fannie Mae Form 6456 06-19 © 2019 Fannie Mae Page 461 of 545 Documents. Each Default Notice shall specify the default upon which such Default Notice is based. "Person" means an individual, an estate, a trust, a corporation, a partnership, a limited liability company or any other organization or entity (whether governmental or private). "Senior Lender" means the Person named as such in the first paragraph on Page 1 of this Agreement, its successors and assigns and any other Person who becomes the legal holder of the Senior Loan after the date of this Agreement. "Senior Loan Default" means the occurrence of an "Event of Default" as that term is defined in the Senior Loan Documents. "Senior Loan Documents" means the Senior Security Instrument, the Senior Note, the Senior Loan Agreement, and all other "Loan Documents" as that term is defined in the Senior Loan Agreement. "Subordinate Lender" means the Person named as such in the first paragraph on page 1 of this Agreement, any successor or assign of Subordinate Lender, including without limitation, a receiver, trustee or debtor -in -possession and any other Person who becomes the legal holder of the Subordinate Note after the date of this Agreement. "Subordinate Loan Agreement" means the Loan and Security Agreement by and between Borrower and Subordinate Lender dated as of March 1, 2015. "Subordinate Loan Default" means a default by Borrower in performing or observing any of the terms, covenants or conditions in the Subordinate Loan Documents to be performed or observed by it, which continues beyond any applicable period provided in the Subordinate Loan Documents for curing the default. "Subordinate Loan Documents" means the Subordinate Note, the Subordinate Mortgage, the Subordinate Loan Agreement and all other documents evidencing, securing or otherwise executed and delivered in connection with the Subordinate Loan. "Subordinate Mortgage" means the mortgage and modification of mortgage, deed of trust or deed to secure debt encumbering the Mortgaged Property as security for the Subordinate Loan, which Subordinate Lender previously recorded among the applicable land records on June 3, 2015 as File No.: 2015-00019747 and modified on September 30, 2015 as File No.: 2016-00006235. "Subordinate Note" means the promissory issued as of March 1, 2015 by Borrower to Subordinate Lender, or order, to evidence the Subordinate Loan. 3. Permission to Place Mortgage Lien Against Mortgaged Property. Senior Lender agrees, notwithstanding the prohibition against inferior liens on the Mortgaged Property contained in the Senior Loan Documents and subject to the provisions of this Agreement, to permit the recorded Subordinate Mortgage and other recordable Subordinate Loan Subordination Agreement (Affordable) Fannie Mae Form 6456 06-19 © 2019 Fannie Mae Page 462 of 545 Documents against the Mortgaged Property to secure Borrower's obligation to repay the Subordinate Note and all other obligations, indebtedness and liabilities of Borrower to Subordinate Lender under and in connection with the Subordinate Loan. 4. Borrower's and Subordinate Lender's Representations and Warranties. Borrower and Subordinate Lender each makes the following representations and warranties to Senior Lender: (a) Subordinate Loan Documents. The Subordinate Loan is evidenced by the Subordinate Note and is secured by the Subordinate Mortgage, the Subordinate Loan Agreement and the Subordinate Loan Documents. (b) Subordinate Note. The Subordinate Note contains the following provision: The indebtedness evidenced by this Note is and shall be subordinate in right of payment to the prior payment in full of the indebtedness evidenced by a Multifamily Note (and any schedules) dated as of even date herewith in the original principal amount of $ ,000.00, executed by Grand Investments, LLC, an Iowa limited liability company, and payable to the order of Arbor Commercial Funding I, LLC, a New York limited liability company ("Senior Lender"), to the extent and in the manner provided in that certain Subordination Agreement dated as of even date herewith between the payee of this Note, and Senior Lender and the City of Waterloo (the "Subordination Agreement"). The Mortgage, Deed of Trust or Deed to Secure Debt (and any exhibits) securing this Note is and shall be subject and subordinate in all respects to the liens, terms, covenants and conditions of the Multifamily Mortgage, Deed of Trust or Deed to Secure Debt (and any exhibits) securing the Multifamily Note and the terms, covenants and conditions of the Multifamily Loan and Security Agreement evidencing the terms of the Multifamily Note, as more fully set forth in the Subordination Agreement. The rights and remedies of the payee and each subsequent holder of this Note under the Mortgage, Deed of Trust or Deed to Secure Debt (and any exhibits) securing this Note are subject to the restrictions and limitations set forth in the Subordination Agreement. Each subsequent holder of this Note shall be deemed, by virtue of such holder's acquisition of the Note, to have agreed to perform and observe all of the terms, covenants and conditions to be performed or observed by Subordinate Lender under the Subordination Agreement. (c) Relationship of Borrower to Subordinate Lender and Senior Lender. Subordinate Lender is not an Affiliate of Borrower and is not in possession of any facts which would lead it to believe that Senior Lender is an Affiliate of Borrower. Subordination Agreement (Affordable) Fannie Mae Form 6456 06-19 © 2019 Fannie Mae Page 463 of 545 (d) Term. The term of the Subordinate Note does not end before the stated term of the Senior Note. (e) Subordinate Loan Documents. The executed Subordinate Loan Documents are substantially in the same forms as those submitted to, and approved by, Senior Lender prior to the date of this Agreement. 5. Deliveries. Borrower shall submit the following items to Senior Lender on or before the effective date of the Senior Loan Documents: (1) Title Policy Endorsement. An endorsement to the policy of title insurance insuring the lien of the Senior Security Instrument which insures that (A) there are no liens or other encumbrances affecting the Mortgaged Property, other than "Permitted Encumbrances" (as defined in the Senior Security Instrument), the Subordinate Mortgage, and other Subordinate Loan Documents filed or recorded against the Mortgaged Property, (B) the lien of the Subordinate Mortgage is subordinate to the lien of the Senior Security Instrument, and (C) this Agreement has been recorded among the applicable land records. (2) Certification. A certification from Borrower and Subordinate Lender to Senior Lender that the Subordinate Loan Documents do not contain any changes from the Subordinate Loan Documents submitted to, and approved by, Senior Lender prior to the date of this Agreement. (3) Subordinate Loan Documents. A complete set of the fully executed Subordinate Loan Documents, certified by Borrower to be true, correct and complete. (4) Senior Loan Documents. An executed copy of each of the Senior Loan Documents, certified by Borrower to be true, correct and complete. 6. Terms of Subordination. (a) Agreement to Subordinate. Senior Lender and Subordinate Lender agree that (1) the indebtedness evidenced by the Subordinate Loan Documents is and shall be subordinated in right of payment, to the extent and in the manner provided in this Agreement, to the prior payment in full of the Indebtedness Subordination Agreement (Affordable) Fannie Mae Form 6456 06-19 © 2019 Fannie Mae Page 464 of 545 evidenced by the Senior Loan Documents, and (2) the liens, terms, covenants and conditions of the Subordinate Mortgage and the other Subordinate Loan Documents are and shall be subject and subordinate in all respects to the liens, terms, covenants and conditions of the Senior Security Instrument and the other Senior Loan Documents and to all advances heretofore made or which may hereafter be made pursuant to the Senior Security Instrument and the other Senior Loan Documents (including but not limited to, all sums advanced for the purposes of (A) protecting or further securing the lien of the Senior Security Instrument, curing defaults by Borrower under the Senior Loan Documents or for any other purpose expressly permitted by the Senior Loan Documents, or (B) constructing, renovating, repairing, furnishing, fixturing or equipping the Mortgaged Property). (b) Subordination of Subrogation Rights. Subordinate Lender agrees that if, by reason of its payment of real estate taxes or other monetary obligations of Borrower, or by reason of its exercise of any other right or remedy under the Subordinate Loan Documents, it acquires by right of subrogation or otherwise a lien on the Mortgaged Property which (but for this subsection) would be senior to the lien of the Senior Security Instrument, then, in that event, such lien shall be subject and subordinate to the lien of the Senior Security Instrument. (c) Payments Before Senior Loan Default. Until Subordinate Lender receives a Default Notice (or otherwise acquires actual knowledge) of a Senior Loan Default, Subordinate Lender shall be entitled to retain for its own account all payments made under or pursuant to the Subordinate Loan Documents. (d) Payments After Senior Loan Default. Borrower agrees that, after it receives a Default Notice (or otherwise acquires knowledge) of a Senior Loan Default, it will not make any payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorneys' fees, or any other sums secured by the Subordinate Loan Documents) without Senior Lender's prior written consent. Subordinate Lender agrees that, after it receives a Default Notice from Senior Lender with written instructions directing Subordinate Lender not to accept payments from Borrower on account of the Subordinate Loan, it will not accept any payments under or pursuant to the Subordinate Loan Documents (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorneys' fees, or any other sums secured by the Subordinate Loan Documents) without Senior Lender's prior written consent. If Subordinate Lender receives written notice from Senior Lender that the Senior Loan Default which gave rise to Subordinate Lender's obligation not to accept payments has been cured, waived, or otherwise suspended by Senior Lender, the restrictions on payment to Subordinate Lender in this Section 6 shall terminate, and Senior Lender shall have no right to any subsequent payments made to Subordinate Lender by Borrower prior to Subordinate Lender's receipt of a new Default Notice from Senior Lender in accordance with the provisions of this Section 6(d). Subordination Agreement (Affordable) Fannie Mae Form 6456 06-19 © 2019 Fannie Mae Page 465 of 545 (e) Remitting Subordinate Loan Payments to Senior Lender. If, after Subordinate Lender receives a Default Notice from Senior Lender in accordance with Section 6(d), Subordinate Lender receives any payments under the Subordinate Loan Documents, Subordinate Lender agrees that such payment or other distribution will be received and held in trust for Senior Lender and unless Senior Lender otherwise notifies Subordinate Lender in writing, will be promptly remitted, in kind to Senior Lender, properly endorsed to Senior Lender, to be applied to the principal of, interest on and other amounts due under the Senior Loan Documents in accordance with the provisions of the Senior Loan Documents. By executing this Agreement, Borrower specifically authorizes Subordinate Lender to endorse and remit any such payments to Senior Lender, and specifically waives any and all rights to have such payments returned to Borrower or credited against the Subordinate Loan. Borrower and Senior Lender acknowledge and agree that payments received by Subordinate Lender, and remitted to Senior Lender under this Section 6, shall not be applied or otherwise credited against the Subordinate Loan, nor shall the tender of such payment to Senior Lender waive any Subordinate Loan Default which may arise from the inability of Subordinate Lender to retain such payment or apply such payment to the Subordinate Loan. (f) Notice of Payment from Other Persons. Subordinate Lender agrees to notify (telephonically or via email, followed by written notice) Senior Lender of Subordinate Lender's receipt from any Person other than Borrower of a payment with respect to Borrower's obligations under the Subordinate Loan Documents, promptly after Subordinate Lender obtains knowledge of such payment. (g) Agreement Not to Commence Bankruptcy Proceeding. Subordinate Lender agrees that during the term of this Agreement it will not commence, or join with any other creditor in commencing any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings against or with respect to Borrower, without Senior Lender's prior written consent. 7. Default Under Subordinate Loan Documents. (a) Notice of Subordinate Loan Default and Cure Rights. Subordinate Lender shall deliver to Senior Lender a Default Notice within five (5) Business Days in each case where Subordinate Lender has given a Default Notice to Borrower. Failure of Subordinate Lender to send a Default Notice to Senior Lender shall not prevent the exercise of Subordinate Lender's rights and remedies under the Subordinate Loan Documents, subject to the provisions of this Agreement. Senior Lender shall have the right, but not the obligation, to cure any Subordinate Loan Default within sixty (60) days following the date of such notice; provided, however that Subordinate Lender shall be entitled, during such sixty (60) day period, to continue to pursue its rights and remedies under the Subordinate Loan Documents. All amounts paid by Senior Lender in accordance with the Senior Loan Documents to cure a Subordinate Loan Default shall be deemed to have been advanced by Senior Lender pursuant to, and shall be secured by, the Senior Loan Agreement and the Senior Security Instrument. Subordination Agreement (Affordable) Fannie Mae Form 6456 06-19 © 2019 Fannie Mae Page 466 of 545 (b) Subordinate Lender's Exercise of Remedies After Notice to Senior Lender. If a Subordinate Loan Default occurs and is continuing, Subordinate Lender agrees that, without Senior Lender's prior written consent, it will not commence foreclosure proceedings with respect to the Mortgaged Property under the Subordinate Loan Documents or exercise any other rights or remedies it may have under the Subordinate Loan Documents, including, but not limited to accelerating the Subordinate Loan (and enforcing any "due on sale" provision included in the Subordinate Loan Documents), collecting rents, appointing (or seeking the appointment of) a receiver or exercising any other rights or remedies thereunder unless and until it has given Senior Lender at least sixty (60) days prior written notice; during such sixty (60) day period, however, Subordinate Lender shall be entitled to exercise and enforce all other rights and remedies available to Subordinate Lender under the Subordinate Loan Documents and/or under applicable laws, including without limitation, rights to enforce covenants and agreements of Borrower relating to income, rent, or affordability restrictions contained in any land use restriction agreement. (c) Cross Default. Borrower and Subordinate Lender agree that a Subordinate Loan Default shall constitute a Senior Loan Default under the Senior Loan Documents and Senior Lender shall have the right to exercise all rights or remedies under the Senior Loan Documents in the same manner as in the case of any other Senior Loan Default. If Subordinate Lender notifies Senior Lender in writing that any Subordinate Loan Default of which Senior Lender has received a Default Notice has been cured or waived, as determined by Subordinate Lender in its sole discretion, then provided that Senior Lender has not conducted a sale of the Mortgaged Property pursuant to its rights under the Senior Loan Documents, any Senior Loan Default under the Senior Loan Documents arising solely from such Subordinate Loan Default shall be deemed cured, and the Senior Loan shall be reinstated, provided, however, that Senior Lender shall not be required to return or otherwise credit for the benefit of Borrower any default rate interest or other default related charges or payments received by Senior Lender during such Senior Loan Default. 8. Default Under Senior Loan Documents. (a) Notice of Senior Loan Default and Cure Rights. Senior Lender shall deliver to Subordinate Lender a Default Notice within five (5) Business Days in each case where Senior Lender has given a Default Notice to Borrower. Failure of Senior Lender to send a Default Notice to Subordinate Lender shall not prevent the exercise of Senior Lender's rights and remedies under the Senior Loan Documents, subject to the provisions of this Section 8(a), nor shall such failure constitute a default by Senior Lender under this Agreement. Subordinate Lender shall have the right, but not the obligation, to cure any such Senior Loan Default within sixty (60) days following the date of such Default Notice or the date on which Subordinate Lender otherwise acquires actual knowledge of Senior Loan Default; provided, however, that Senior Lender shall be entitled during such sixty (60) day period to continue to pursue its remedies under the Senior Loan Documents. Subordinate Lender may have up to ninety (90) days from the date of the Default Notice to cure a non -monetary default if during such ninety (90) day period Subordinate Lender keeps current all payments required by the Senior Loan Documents. In the event that such a non -monetary default creates an unacceptable level of risk Subordination Agreement (Affordable) Fannie Mae Form 6456 06-19 © 2019 Fannie Mae Page 467 of 545 relative to the Mortgaged Property, or Senior Lender's secured position relative to the Mortgaged Property, as determined by Senior Lender in its sole discretion, then Senior Lender may exercise during such ninety (90) day period all available rights and remedies to protect and preserve the Mortgaged Property and the rents, revenues and other proceeds from the Mortgaged Property. All amounts paid by Subordinate Lender to Senior Lender to cure a Senior Loan Default shall be deemed to have been advanced by Subordinate Lender pursuant to, and shall be secured by the Subordinate Loan Agreement and the Subordinate Mortgage. (b) Cross Default. Subordinate Lender agrees that, notwithstanding any contrary provision contained in the Subordinate Loan Documents, a Senior Loan Default shall not constitute a default under the Subordinate Loan Documents (if no other default has occurred under the Subordinate Loan Documents) until either (1) Senior Lender has accelerated the maturity of the Senior Loan, or (2) Senior Lender has taken affirmative action to exercise its rights under the Senior Loan Documents to collect rent, to appoint (or seek the appointment of) a receiver or to foreclose on (or to exercise a power of sale contained in) the Senior Loan Documents. At any time after a Senior Loan Default is determined to constitute a default under the Subordinate Loan Documents, Subordinate Lender shall be permitted to pursue its remedies for default under the Subordinate Loan Documents, subject to the restrictions and limitations of this Agreement. If at any time Borrower cures any Senior Loan Default to the satisfaction of Senior Lender, as evidenced by written notice from Senior Lender to Subordinate Lender, any default under the Subordinate Loan Documents arising from such Senior Loan Default shall be deemed cured and the Subordinate Loan shall be retroactively reinstated as if such Senior Loan Default had never occurred. 9. Conflict. Borrower, Senior Lender and Subordinate Lender each agrees that, in the event of any conflict or inconsistency between the terms of the Senior Loan Documents, the Subordinate Loan Documents and the terms of this Agreement, the terms of this Agreement shall govern and control solely as to the following: (a) the relative priority of the security interests of Senior Lender and Subordinate Lender in the Mortgaged Property; (b) the timing of the exercise of remedies by Senior Lender and Subordinate Lender under the Senior Loan Documents and the Subordinate Loan Documents, respectively; and (c) solely as between Senior Lender and Subordinate Lender, the notice requirements, cure rights, and the other rights and obligations which Senior Lender and Subordinate Lender have agreed to as expressly provided in this Agreement. Borrower acknowledges that the terms and provisions of this Agreement shall not, and shall not be deemed to: extend Borrower's time to cure any Senior Loan Default or Subordinate Loan Default, as the case may be; give Borrower the right to notice of any Senior Loan Default or Subordinate Loan Default, as the case may be other than that, if any, provided, respectively under the Senior Loan Documents or the Subordinate Loan Documents; or create any other right or benefit for Borrower as against Senior Lender or Subordinate Lender. Subordination Agreement (Affordable) Fannie Mae Form 6456 06-19 © 2019 Fannie Mae Page 468 of 545 10. Rights and Obligations of Subordinate Lender Under the Subordinate Loan Documents and of Senior Lender under the Senior Loan Documents. Subject to each of the other terms of this Agreement, all of the following provisions shall supersede any provisions of the Subordinate Loan Documents covering the same subject matter: (a) Protection of Security Interest. Subordinate Lender shall not, without the prior written consent of Senior Lender in each instance, take any action which has the effect of increasing the indebtedness outstanding under, or secured by, the Subordinate Loan Documents, except that Subordinate Lender shall have the right to advance funds to cure Senior Loan Defaults pursuant to Section 8(a) and advance funds pursuant to the Subordinate Loan Documents for the purpose of paying real estate taxes and insurance premiums, making necessary repairs to the Mortgaged Property and curing other defaults by Borrower under the Subordinate Loan Documents. (b) Condemnation or Casualty. Following the occurrence of (1) a Condemnation Action, or (2) a fire or other casualty resulting in damage to all or a portion of the Mortgaged Property (collectively, a "Casualty"), at any time or times when the Senior Security Instrument remains a lien on the Mortgaged Property the following provisions shall apply: (A) Subordinate Lender hereby agrees that its rights (under the Subordinate Loan Documents or otherwise) to participate in any proceeding or action relating to a Condemnation Action or a Casualty, or to participate or join in any settlement of, or to adjust, any claims resulting from a Condemnation Action or a Casualty shall be and remain subject and subordinate in all respects to Senior Lender's rights under the Senior Loan Documents with respect thereto, and Subordinate Lender shall be bound by any settlement or adjustment of a claim resulting from a Condemnation Action or a Casualty made by Senior Lender; provided, however, this subsection or anything contained in this Agreement shall not limit the rights of Subordinate Lender to file any pleadings, documents, claims or notices with the appropriate court with jurisdiction over the proposed Condemnation Action or Casualty; and (B) all proceeds received or to be received on account of a Condemnation Action or a Casualty, or both, shall be applied (either to payment of the costs and expenses of repair and restoration or to payment of the Senior Loan) in the manner determined by Senior Lender in its sole discretion; provided, however, that if Senior Lender elects to apply such proceeds to payment of the principal of, interest on and other amounts payable under the Senior Loan, any proceeds remaining after the satisfaction in full of the principal of, interest on and other amounts payable under the Senior Loan shall be paid to, and may be applied by, Subordinate Lender in accordance with the applicable provisions of the Subordinate Loan Documents, provided however, Senior Lender agrees to consult with Subordinate Lender in determining the application of Casualty proceeds, Subordination Agreement (Affordable) Fannie Mae Form 6456 06-19 © 2019 Fannie Mae Page 469 of 545 provided further, however, that in the event of any disagreement between Senior Lender and Subordinate Lender over the application of Casualty proceeds, the decision of Senior Lender, in its sole discretion, shall prevail. (c) Insurance. Subordinate Lender agrees that all original policies of insurance required pursuant to the Senior Security Instrument shall be held by Senior Lender. The preceding sentence shall not preclude Subordinate Lender from requiring that it be named as a loss payee, as its interest may appear, under all policies of property damage insurance maintained by Borrower with respect to the Mortgaged Property, provided such action does not affect the priority of payment of the proceeds of property damage insurance under the Senior Security Instrument, or that it be named as an additional insured under all policies of liability insurance maintained by Borrower with respect to the Mortgaged Property. (d) No Modification of Subordinate Loan Documents. Borrower and Subordinate Lender each agree that, until the principal of, interest on and all other amounts payable under the Senior Loan Documents have been paid in full, it will not, without the prior written consent of Senior Lender in each instance, increase the amount of the Subordinate Loan, increase the required payments due under the Subordinate Loan, decrease the term of the Subordinate Loan, increase the interest rate on the Subordinate Loan, or otherwise amend the Subordinate Loan terms in a manner that creates an adverse effect upon Senior Lender under the Senior Loan Documents. Any amendment of the Subordinate Loan Documents or assignment of Subordinate Lender's interest in the Subordinate Loan without Senior Lender's consent shall be void ab initio and of no effect whatsoever. 11. Modification or Refinancing of Senior Loan. Subordinate Lender consents to any agreement or arrangement in which Senior Lender waives, postpones, extends, reduces or modifies any provisions of the Senior Loan Documents, including any provision requiring the payment of money. Subordinate Lender further agrees that its agreement to subordinate hereunder shall extend to any new mortgage debt which is for the purpose of refinancing all or any part of the Senior Loan (including reasonable and necessary costs associated with the closing and/or the refinancing); and that all the terms and covenants of this Agreement shall inure to the benefit of any holder of any such refinanced debt; and that all references to the Senior Loan, the Senior Note, the Senior Loan Agreement, the Senior Security Instrument, the Senior Loan Documents and Senior Lender shall mean, respectively, the refinance loan, the refinance note loan agreement, the mortgage securing the refinance note, all documents evidencing securing or otherwise pertaining to the refinance note and the holder of the refinance note. 12. Default by Subordinate Lender or Senior Lender. If Subordinate Lender or Senior Lender defaults in performing or observing any of the terms, covenants or conditions to be performed or observed by it under this Agreement, the other, non -defaulting lender shall have the right to all available legal and equitable relief. Subordination Agreement (Affordable) Fannie Mae Form 6456 06-19 © 2019 Fannie Mae Page 470 of 545 13. Reinstatement. To the extent that Borrower makes a payment to Senior Lender or Senior Lender receives any payment or proceeds of the collateral securing the Senior Loan for Borrower's benefit, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable doctrine, then to the extent of such payment or proceeds received and not retained by Senior Lender, this Agreement shall be reinstated and continue in full force and effect until full and final payment shall have been made to Senior Lender. Subordinate Lender agrees to hold in trust for Senior Lender and promptly remit to Senior Lender any payments received by Subordinate Lender after such invalidated, rescinded or returned payment was originally made. 14. Notices. (a) Process of Serving Notice. All notices under this Agreement shall be: (1) in writing and shall be: (A) delivered, in person; (B) mailed, postage prepaid, either by registered or certified delivery, return receipt requested; (C) sent by overnight courier; or (D) sent by electronic mail with originals to follow by overnight courier; (2) addressed to the intended recipient at the address(es) below the signature block, as applicable; and (3) deemed given on the earlier to occur of: (A) the date when the notice is received by the addressee; or (B) if the recipient refuses or rejects delivery, the date on which the notice is so refused or rejected, as conclusively established by the records of the United States Postal Service or any express courier service. (b) Change of Address. Any party to Agreement may change the address to which notices intended for it are to be directed by means of notice given to the other parties identified in this Agreement. Subordination Agreement (Affordable) Fannie Mae Form 6456 06-19 © 2019 Fannie Mae Page 471 of 545 (c) Receipt of Notices. Senior Lender, Subordinate Lender or Borrower shall not refuse or reject delivery of any notice given in accordance with this Agreement. Each party is required to acknowledge, in writing, the receipt of any notice upon request by the other party. 15. General. (a) Assignment/Successors. This Agreement shall be binding upon Borrower, Senior Lender and Subordinate Lender and shall inure to the benefit of the respective legal successors, transferees and assigns of Borrower, Senior Lender and Subordinate Lender. Borrower shall not assign any of its rights and obligations under this Agreement without the prior written consent of Senior Lender. (b) No Partnership or Joint Venture. Senior Lender's permission for the placement of the Subordinate Loan does not constitute Senior Lender as a joint venturer or partner of Subordinate Lender. Neither party hereto shall hold itself out as a partner, agent or Affiliate of the other party hereto. (c) Senior Lender's and Subordinate Lender's Consent. Wherever Senior Lender's consent or approval is required by any provision of this Agreement, such consent or approval may be granted or denied by Senior Lender in its sole and absolute discretion, unless otherwise expressly provided in this Agreement. Wherever Subordinate Lender's consent or approval is required by any provision of this Agreement, such consent or approval may be granted or denied by Subordinate Lender in its sole and absolute discretion, unless otherwise expressly provided in this Agreement. (d) Further Assurances. Subordinate Lender, Senior Lender and Borrower each agrees, at Borrower's expense, to execute and deliver all additional instruments and/or documents reasonably required by any other party to this Agreement in order to evidence that the Subordinate Mortgage is subordinate to the lien, covenants and conditions of the Senior Loan Documents, or to further evidence the intent of this Agreement. hereto. (e) Amendment. This Agreement shall not be amended except by written instrument signed by all parties (f) Governing Law. This Agreement shall be governed by the laws of the jurisdiction in which the Mortgaged Property is located without giving effect to any choice of law provisions thereof that would result in the application of the laws of another jurisdiction. Senior Lender, Subordinate Lender and Subordination Agreement (Affordable) Fannie Mae Form 6456 06-19 © 2019 Fannie Mae Page 472 of 545 Borrower agree that any controversy arising under or in relation to this Security Instrument shall be litigated exclusively in the jurisdiction in which the Mortgaged Property is located. The state and federal courts and authorities with jurisdiction in such locale shall have exclusive jurisdiction over all controversies that arise under or in relation to this Agreement. The parties hereto irrevocably consent to service, jurisdiction, and venue of such courts for any such litigation and waive any other venue to which any might be entitled by virtue of domicile, habitual residence or otherwise. (g) Severable Provisions. If any provision of this Agreement shall be invalid or unenforceable to any extent, then the other provisions of this Agreement, shall not be affected thereby and shall be enforced to the greatest extent permitted by law. (h) Term. The term of this Agreement shall commence on the date hereof and shall continue until the earliest to occur of the following events: (1) the payment in full of the principal of, interest on and other amounts payable under the Senior Loan Documents; (2) the payment in full of the principal of, interest on and other amounts payable under the Subordinate Loan Documents, other than by reason of payments which Subordinate Lender is obligated to remit to Senior Lender pursuant to Section 6 hereof; (3) the acquisition by Senior Lender of title to the Mortgaged Property pursuant to a foreclosure or a deed in lieu of foreclosure of, or the exercise of a power of sale contained in, the Senior Loan Documents; or (4) the acquisition by Subordinate Lender of title to the Mortgaged Property pursuant to a foreclosure or a deed in lieu of foreclosure of, or the exercise of a power of sale contained in, the Subordinate Loan Documents, but only if such acquisition of title does not violate any of the terms of this Agreement. (i) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be considered an original for all purposes; provided, however, that all such counterparts shall together constitute one and the same instrument. (j) Sale of Senior Loan. Nothing in this Agreement shall limit Senior Lender's (including any assignee or transferee of Senior Lender) right to sell or transfer the Senior Loan, or any interest in the Senior Loan. The Senior Loan or a partial interest in the Senior Loan (together with this Agreement and the other Loan Documents) may be sold one or more times without prior notice to Borrower. [Remainder of Page Intentionally Blank] Subordination Agreement (Affordable) Fannie Mae Form 6456 06-19 © 2019 Fannie Mae Page 473 of 545 IN WITNESS WHEREOF, Borrower, Senior Lender and Subordinate Lender have signed and delivered this Agreement under seal (where applicable) or have caused this Agreement to be signed and delivered under seal (where applicable) by a duly authorized representative. Where applicable law so provides, Borrower, Senior Lender and Subordinate Lender intend that this Agreement shall be deemed to be signed and delivered as a sealed instrument. SENIOR LENDER: Arbor Commercial Funding I, LLC, a New York limited liability company By: Name: Adam Dratch Its: Vice President, Closing Address: 3370 Walden Avenue, Suite 114 Depew, New York 14043 With a copy to: Fannie Mae Attention: Multifamily Asset Management Drawer AM 1100 15th Street, NW Washington, DC 20005 STATE OF NEW YORK ) ) ss. COUNTY OF NEW YORK ) On the day of in the year 2024, before me personally came Adam Dratch to me known, who, being by me duly sworn, did depose and say that he resides in New York; that he is the Vice President, Closing of Arbor Commercial Funding I, LLC, a New York limited liability company, the limited liability company described in and which executed the above instrument; and that he signed his name thereto by authority of the members of said limited liability company. Subordination Agreement (Affordable) Fannie Mae Signature of Person Taking Acknowledgment Notary Public Title Form 6456 06-19 Page S-1 © 2019 Fannie Mae Page 474 of 545 STATE OF IOWA COUNTY OF ) ) ss. ) On this day of said county, personally appeared who being by me duly (sworn or a of the City of Waterloo, Iowa. SUBORDINATE LENDER: City of Waterloo, Iowa By: Name: Title: Address: 620 Mulberry Street Waterloo, Iowa 50703 , 2024, before me, a notary public in and for , to me personally known, ffirmed) did say that that person is authorized to sign on behalf Subordination Agreement (Affordable) Fannie Mae Signature Title: Form 6456 Page S-2 06-19 © 2019 Fannie Mae Page 475 of 545 BORROWER: Grand Investments, LLC, an Iowa limited liability company By: Brent Dahlstrom Its: Manager Address: 604 Clay Street Cedar Falls, Iowa 50613 STATE OF IOWA ) ) ss. COUNTY OF ) On this day of , 2020, before me, a notary public in and for said county, personally appeared Brent Dahlstrom, to me personally known, who being by me duly (sworn or affirmed) did say that that person is the Manager of said limited liability company, Grand Investments, LLC, an Iowa limited liability company, on behalf of the said limited liability company. Subordination Agreement (Affordable) Fannie Mae Signature Title: Form 6456 06-19 Page S-3 © 2019 Fannie Mae Page 476 of 545 Exhibit A Legal Description Real property in the City of Waterloo, County of Black Hawk, State of Iowa, described as follows: Units 101-103, 105-112, 114-118, 201-212, 214-218, 301-312, 314-318, 400-412, and 414-418, including the undivided interests in the common elements appurtenant to said units, all in Grand Crossing Condominiums, pursuant to the Declaration of Submission of Property to Horizontal Property Regime for Grand Crossing Condominiums, dated December 14, 2017, recorded December 19, 2017, as File 2018-10540, located on Parcel A in Part of Lot No. 30 in "Auditor's Falls Avenue and Mullen Avenue Plat" as described on Plat of Survey Doc. # 2014-11362 and located on Parcel B in part of Lot 30 in "Auditor's Falls Avenue and Mullen Avenue Plat" recorded in Book 327, Page 412; except the Southeasterly 137 feet of said Parcel B, in the office of the County Recorder, Black Hawk County, Iowa; and Units 101-103, 201-209, 211-213, 301-309, 311-313, 401-409, and 411-413, including the undivided interests in the common elements appurtenant to said units, all in Grand Crossing II Condominiums, pursuant to the Declaration of Submission of Property to Horizontal Property Regime for Grand Crossing II Condominiums, dated May 17, 2018, recorded May 24, 2018, as File No. 2018-19183, located on the Southeasterly 137 feet of Parcel B in part of Lot 30 in "Auditor's Falls Avenue and Mullen Avenue Plat" recorded in Book 327, Page 412, in the office of the County Recorder, Black Hawk County, Iowa. 5955949v2 Subordination Agreement (Affordable) Fannie Mae Form 6456 06-19 © 2019 Fannie Mae Page 477 of 545 Page 478 of 545 CITY OF ATERLOO J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving an Amendment to the Development and Minimum Assessment Agreement with Superior Properties, LLC, executed on June 20, 2022, in conjunction with the development of property located at the southwest corner of Airline Highway and Geraldine Road, to extend the completion timeline to April 30, 2024, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The amendment to the development agreement would allow an extension for the project to be completed by April 30,2024. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Lot 1 of South Port 2nd Addition, City of Waterloo, Black Hawk County, Iowa. Page 479 of 545 and The South 67 Feet of the North 100 Feet of Section 8, Township 89 North, Range 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, lying directly North of the North property line of Lot 1, South Port 2nd Addition, City of Waterloo. ATTACHMENTS 1. Superior Prop DA-MAA amendment 2-16-24 2. Superior Properties Recorded Development Agreement Page 480 of 545 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT and AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Amendment to Development Agreement and Amendment to Minimum Assessment Agreement (the "Amendment") is entered into as of , 2024 by and between the City of Waterloo, Iowa ("City") and Superior Properties, LLC ("Company"). RECITALS A. Company and City are parties to that certain Development Agreement dated June 20, 2022 (the "Agreement") concerning the development of property as described in the Agreement and also parties to that certain Minimum Assessment Agreement of the same date (the "MAA"). The Agreement and MAA were filed together in the records of the Black Hawk County Recorder on July 27, 2022 as Doc. No. 2023- 1561. B. The parties desire to amend the DA and MAA on the terms set forth herein. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Section 4 of the DA is amended to state that the Completion Deadline is April 30, 2024. 2. Section 1 of the MAA is amended to strike "December 31, 2023" therefrom and to substitute "December 31, 2024" in its place. 3. Section 2 of the MAA is amended to strike "December 31, 2043" therefrom and to substitute "December 31, 2044" in its place. 4. Except as amended herein, the DA and the MAA shall continue unmodified in full force and effect. Terms capitalized in this Amendment but not defined herein shall have the meaning ascribed to them in the Agreement. This Amendment is binding on the parties and the respective successors, assigns, transferees and legal representatives of each. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument. Page 481 of 545 IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement and Amendment to Minimum Assessment Agreement as of the date first set forth above. SUPERIOR PROPERTIES, LLC CITY OF WATERLOO, IOWA By: By: Nicholas Bonewitz, Manager Quentin M. Hart, Mayor By: Kelley Felchle, City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2024 by Nicholas Bonewitz as Manager of Superior Properties, LLC. Notary Public STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2024 by Quentin M. Hart and Kelley Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 Page 482 of 545 I D1III OII DIII ID 1Ih DI I IDIi 11111 Doc ID 011801680024 Type GEN Recorded: 07/27/2022 at 04:23:35 PM Fee Amt: $122.00 Page 1 of 24 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2023-00001561 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of -z( , 2022, by and between Superior Properties, LLC (the "Company") and the City of Waterloo, Iowa, ("City"). RECITALS A. In furtherance of the objectives of Iowa Code Chapter 403 (the "Urban Renewal Act"), the City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Development Plan area (the "Urban Renewal Area"). B. Company is willing and able to finance and undertake construction of a building and related improvements on property located in the Urban Renewal Area and legally described on Exhibit "A" attached hereto (the "Property"). C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and require- ments under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: . City Property; Title. A. Subject to the terms hereof, City shall convey to Company the property described on Exhibit "A-1" hereto (the "City Property") for the sum of oa-1) Page 483 of 545 $1.00 (the "Purchase Price") within thirty (30) days after City has completed all requirements for conveyance of same. (The Property and the City Property may be referred to collectively as the "Project Property.") The parties acknowledge that the City Property is excess road right-of-way that has yet to be vacated and that City will not convey title to the vacated right-of-way until the vacation process has been completed. In addition, sale of the City Property must be handled under the processes required by Iowa Code § 306.23 et seq. (the "Statutory Process"). Within thirty (30) days after completion of same, City shall convey the City Property to Company by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record as set forth in the subdivision deed of dedication, (b) future real estate real property taxes and assessments arising after the date of closing; (c) general utility and right-of-way easements serving the Property and City Property and of record; and (d) restrictions imposed by City zoning ordinances and other applicable law. Notwithstanding the foregoing, City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of Company's financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company (such time period not to exceed thirty (30) days), Company may terminate this Agreement, and shall have no obligation to accept title to the City Property or otherwise perform under this Agreement. City shall promptly provide any title documents it has in its possession, including any abstracts, to assist in title preparation. B. If City is not able to provide clear title to the City Property to Company through the Statutory Process, then City agrees to enter into a long- term lease with Company for the City Property on terms mutually acceptable to the parties, including but not limited to rent of $1.00 and Company's agreement to maintain the City Property, to limit its use as set forth in the lease, and not to encumber the City Property with a mortgage or any other lien. 2. Improvements by Company. Company shall construct a building consisting of approximately 12,000 square feet, and related landscaping and parking improvements (collectively, the "Improvements"). Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban renewal plan, and all applicable City, state, and federal building codes, and shall comply with all applicable City ordinances. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Project Property, the Improvements, and all site preparation and development -related work to make the Project Property 2 Page 484 of 545 usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Project Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of the Improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plan") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Modified Plans in whole or in part, Company shall submit new or corrected Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Modified Plans shall continue to apply until the Modified Plans have been approved by the City; provided, however, that in any event Company shall submit Modified Plans which are approved by City prior to commencement of construction of the additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 3 Page 485 of 545 4. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey or lease the City Property to Company and to offer the other incentives provided for in this Agreement, and that without said commitment the City would not do so. Company must begin construction of the Improvements within four (4) months after the date of this Agreement, and the Improvements must be Substantially Completed by May 31, 2023 (the "Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed in accordance with the Plans or Modified Plans to the extent necessary for the City to issue a certificate of occupancy relating thereto. If Company has not, in good faith, begun the construction of the Improvements on the schedule stated above, then title to the City Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun within the stated period but the development of the Project is still imminent, the City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the City Property shall revert to the City after the end of said extended period. Any further time extensions will require consent of the City Council. if development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction be completed by the Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay. If, after commencement of construction, construction is not Substantially Completed by the Completion Date, as the same may be extended, then City may terminate this Agreement as set forth in Section 17, title to the City Property shall revert to City, and City shall have no further obligation hereunder. If the City Property is not initially conveyed to Company but is instead leased, then any provision herein that may require a reverter of title shall instead require a termination of such lease. 5. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the City Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the City Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed required by this 4 Page 486 of 545 Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the City Property of any type or nature whatsoever that attaches to the City Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. Utilities. Company will be responsible, at its own cost, for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Project Property and for payment of any associated connection fees. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $560,000.00 (the "Minimum Actual Value"), through: either; (a) willful destruction of the Property, the Improvements, or any part of (b) a request to the assessor of Black Hawk County; or (c) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 8. Tax Rebates. Provided that Company has completed Substantially Completed the Improvements before the Completion Deadline, City agrees to rebate property tax (with the exceptions noted below) with respect to the Improvements, as follows: Year One through Year Eight 75% rebate each year Year Nine through Year Ten 70% rebate each year 5 Page 487 of 545 for any taxable value added by the completed Improvements (each such payment is a "Rebate") over the initial base value of $25,000,00. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event all Improvements on the Property are Substantially Completed prior to January 1, 2024 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2024 assessed value would be for the Fiscal Year ending June 30, 2026, with the taxes payable one- half by September 30, 2025 and one-half by March 31, 2026, then the first Rebate could be applied for after March 31, 2026 and prior to April 1, 2027. 9. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall 6 Page 488 of 545 at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 8 hereof, City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 8 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum- stances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of Section 8, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 10. Conditions to City Funding. A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the 7 Page 489 of 545 costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the creation of a tax increment financing (TIF) district, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company in Section 14 shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. (ii) Company shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 11. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the City Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the City Property or any part thereof for any purpose except in connection with financing of the Improvements. 12. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. 8 Page 490 of 545 B. Until the Improvements are Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. During construction of the Improvements and thereafter until termination of the MAA, Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA, E, Company will maintain, preserve and keep the Project Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. Company will comply with all applicable land development laws, City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company, G. During the period until termination of the MAA, Company agrees that it will make no conveyance, lease or other transfer of the Project Property or any interest therein that would cause the Project Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Project Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Project Property that is determined by any tax official to be applicable to the Project Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively 9 Page 491 of 545 authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Project Property. 13. 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. 14. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or bylaws of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in 10 Page 492 of 545 any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. F. The financing commitments, which Company will proceed with due diligence to obtain, to finance the construction of the Improvements will be sufficient to enable Company to successfully complete construction of the Improvements as contemplated in this Agreement, subject to additional costs incurred due to Unavoidable Delays. 15. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for, and Company shall indemnify, defend and hold such parties harmless against, any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Project Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of gross negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the City Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the City Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 16. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: 11 Page 493 of 545 A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Project Property, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against the Project Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 17. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may suspend its performance under this Agreement until it receives assurances from Company, deemed adequate by City, that Company will cure its default and continue its performance under this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default 12 Page 494 of 545 will be cured as soon as reasonably possible. Further, after suspension of performance in the manner set forth above, City may terminate this Agreement and exercise any and all remedies available at law, equity, contract or otherwise. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 18. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Project Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. City hereby agrees to timely undertake and complete all such procedures, hearings and approvals so that the benefits that City promises to Company hereunder as an inducement for Company to undertake and complete the Project as set forth in this Agreement will not be lost. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same. To the extent permitted by applicable law, City agrees to indemnify Company and hold it harmless from and against any claims, damages, costs, expenses or loss of value suffered by Company and arising from such revocation or repayment. 19. Materiality of Promises, Covenants, Representations, and Warranties of Company. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City 13 Page 495 of 545 may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 20. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 21. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 22. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, lowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 4177 W. Cedar Wapsi Road, Cedar Falls, Iowa 50613, Attention: Manager. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 23. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company, nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 24. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly 14 Page 496 of 545 authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 25. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 26. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 27. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 28. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 29. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 30. 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. 31. 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. 15 Page 497 of 545 CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor( Attest: Ke ley elchle, C� 16 SUPERIOR PROPERTIES, LLC By: icholas Bonewitz, Manager Page 498 of 545 EXHIBIT "A" Legal Description of Property Lot 1 of South Port 2nd Addition, City of Waterloo, Black Hawk County, Iowa. Page 499 of 545 EXHIBIT "A-1" City Property The South 67 Feet of the North 100 Feet of Section 8, Township 89 North, Range 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, lying directly North of the North property line of Lot 1, South Port 2nd Addition, City of Waterloo. Page 500 of 545 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of �� •� Z_ , 2022, by and among the CITY OF WATERLOO, IOWA ("City"), SUPERIOR PROPERTIES, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan Area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $560,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum improvements will be substantially completed by the date set forth in the Development Agreement, and in any case by December 31, 2023. If the Minimum Improvements are not substantially completed by said date, then the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. Page 501 of 545 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2043. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state 2 Page 502 of 545 law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. 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. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 Page 503 of 545 CITY OF WATERLOO, IOWA SUPERIOR PROPERTIES, LLC L Quentin Hart, Mayor N olas Bone rtz, Manager By: By: Kelley FelchleljCity Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK On this C day of J �) �.� . , 2022, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. 4*" "` a NANCY HIGBY COMMISSION NO.788229 0.. " MY GOMMISSIION EXPIRES low,. ---4. Notary Public 4 Page 504 of 545 STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on JUP} #f , 2022 by Nicholas Bonewitz as Manager of Superior Properties, LLC. r A' ADRIENNE MILLER C;C:mistls5{'?I.1 NO. 809109 MY COMMISSION EXPIRES FEBRUARY 23 2024 5 Page 505 of 545 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Five Hundred Sixty Thousand and 00/100 Dollars ($560,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. sor for Black Hawk County, Iowa Date STATE OF IOWA COUNTY OF BLACK HAWK Subscribed and sworn to before me on N)\1A , 2022 by T.J. Koenigsfeld, Assessor for Black Hawk County, lov. ADRIENNE MILLER COMMISSION NO. 809109 MY COMMISSION EXPIRES FEBRUARY 23, 2024 Page 506 of 545 CITY OF ATERLOO J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Finance Department March 18, 2024 AGENDA ITEM TITLE Resolution authorizing the issuance of General Obligation Capital Loan Notes, Series 2024D, and levying a tax for the payment thereof. RECOMMENDED COUNCIL ACTION Approve Resolution. SUMMARY STATEMENT AND BACKGROUND INFORMATION This resolution imposes a levy for the Fiscal Year beginning July 1, 2024 and ending June 30, 2025 in the amount of $991,667.00 for the General Obligation Capital Loan Note issue for the fiber project. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo - PDF Letter of Instruction Pre -Levy 2024B GO BONDS (02320525x7F7E1) 2. Waterloo - Pre -Levy Proceedings 2024D GO CLN (fiber) (02318245x7F7E1) Page 507 of 545 Page 508 of 545 rt AHLERS COONEY ATTORNEY S March 8, 2024 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ahlerslaw.com Re: Waterloo, Iowa - General Obligation Capital Loan Notes, Series 2024D Dear Kelley: Enclosed are proceedings to authorize a pre -levy for General Obligation Capital Loan Notes that will be issued after the budget filing deadline, for adoption at the March 18, 2024 meeting. This resolution imposes a levy for the Fiscal Year beginning July 1, 2024 and ending June 30, 2025 in the amount of $991,667.00 for the General Obligation Capital Loan Note issue for the fiber project. The amount should be included in the budget or in an amended budget. It is essential that the Resolution be adopted and filed with the County Auditor prior to April 15, 2024. We understand you have included this amount in the anticipated property tax estimates required to be provided to DOM so that the notice of proposed tax levies and revenues can be mailed to all taxpayers per Division X of HF 718. Please send an executed copy of the proceedings filled in as the original to our office. We would also appreciate electronic scans. Please let me know if you have any questions. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Bridgett Wood, Finance Manager, City of Waterloo (via email w/ encl.) Kim Bahr, Financial Analyst, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 02318269\11310-168 WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 Page 509 of 545 ITEMS TO INCLUDE ON AGENDA FOR MARCH 18, 2024 CITY OF WATERLOO, IOWA General Obligation Capital Loan Notes, Series 2024D • Resolution authorizing the issuance and levying a tax for the payment thereof. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 510 of 545 March 18, 2024 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: 1 Page 511 of 545 Council Member introduced the following Resolution entitled "RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2024D, AND LEVYING A TAX FOR THE PAYMENT THEREOF", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2024D, AND LEVYING A TAX FOR THE PAYMENT THEREOF WHEREAS, the City of Waterloo, State of Iowa ("Issuer"), is a municipal corporation, organized and existing under the Constitution and laws of the State of Iowa, and is not affected by any special legislation; and WHEREAS, the Issuer is in need of funds to pay costs of designing, acquiring, constructing, installing and equipping all or part of a fiber optic backbone and fiber to the premise broadband communications system and related infrastructure, equipment and facilities, including the connection of key City facilities to support the City's current and future functions and services and for the provision of Municipal Communications Utility services (the "Project"), and it is deemed necessary and advisable that General Obligation Capital Loan Notes, Series 2024D, in the amount of not to exceed $20,000,000 be issued; and WHEREAS, the City Council has taken such acts as are necessary to authorize issuance of the Notes. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. Authorization of the Issuance. General Obligation Capital Loan Notes, Series 2024D, in the amount of $20,000,000 shall be issued pursuant to the provisions of Iowa Code Sections 384.24A and 384.26 for the purposes covered by the election. 2 Page 512 of 545 Section 2. Levy of Annual Tax. For the purpose of providing funds to pay the principal and interest as required under Chapter 76.2, there is levied for each future year the following direct annual tax upon all the taxable property in the City of Waterloo, State of Iowa, to wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION $991,667.00 2024/2025 $1,000,000.00 2025/2026 $21,000,000.00 2026/2027 Principal and interest coming due at any time when the proceeds of the tax on hand are insufficient to pay the amount due shall be promptly paid when due from current funds available for that purpose and reimbursement must be made. Section 3. Amendment of Levy of Annual Tax. Based upon the terms of the future sale of the Notes to be issued, this Council will file an amendment to this Resolution ("Amended Resolution") with the County Auditor. Section 4. Filing. A certified copy of this Resolution shall be filed with the County Auditor of County of Black Hawk, State of Iowa, who shall, pursuant to Iowa Code Section 76.2, levy, assess and collect the tax in the same manner as other taxes and, when collected, these taxes shall be used only for the purpose of paying principal and interest on the Notes. PASSED AND APPROVED this 18th day of March, 2024. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 3 Page 513 of 545 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2024. (SEAL) Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 514 of 545 COUNTY AUDITOR'S CERTIFICATE I, , County Auditor of Black Hawk County, State of Iowa, hereby certify that on the day of , 2024 there was filed in my office the Resolution of the City Council of the City of Waterloo, State of Iowa, adopted on the 18th day of March, 2024, such Resolution levying a tax for the purpose of paying principal and interest on General Obligation Capital Loan Notes, Series 2024D, and authorizing the issuance of the Notes. (COUNTY SEAL) County Auditor of Black Hawk County, State of Iowa 02318245\11310-168 Page 515 of 545 CITY OF ATERLOO J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving an agreement for a State and Community Highway Safety Grant, PAP 402-PS- 2024, Task 04-00-53, in the amount of $29,200.00, for Waterloo Bicycle Education and Enforcement, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Request approval of grant. SUMMARY STATEMENT AND BACKGROUND INFORMATION The grant requires no city match. The grant is for developing and implementing a bicycle safety awareness campaign targeting children, adults, and the community. Distribution venues include multiple social media platforms, city websites, and local television stations. Waterloo PD is to conduct approximately 80 hours of high visibility downtown patrolling and enforcement in the Park Avenue Bike Trail area, to be paid by grant funds. Focus on driver behavior and bicyclists. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Grant funds. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 516 of 545 ATTACHMENTS 1. City of Waterloo -Bicycle Ed & Enf-FFY 24 Page 517 of 545 GOVERNOR'S TRAFFIC SAFETY BUREAU IOWA DEPARTMENT OF PUBLIC SAFETY CONTRACT NUMBER: PROJECT TITLE: ISSUING AGENCY: PROJECT SUBRECIPIENT: PROJECT BUDGET: AGENCY/LAW/SOURCE: State and Community Highway Safety Grant PAP 402-PS-2024, Task 04-00-53 Waterloo Bicycle Education & Enforcement DPS/Governor's Traffic Safety Bureau City of Waterloo Highway Safety Funded Amount: $29,200.00 National Highway Traffic Safety Administration (NHTSA) Public Law 117-58, Section 402 Submit Reimbursement Claims To: Governor's Traffic Safety Bureau 215 East 7th Street, 3rd Floor Des Moines, Iowa 50319-0248 Submit Reports To: Governor's Traffic Safety Bureau 215 East 7th Street, 3rd Floor Des Moines, Iowa 50319-0248 515-725-6128 Issue Payment To: City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Transmit Contract Information To: Traffic Opts Director Mohammad Elahi City of Waterloo 625 Glenwood St Waterloo, Iowa 50703 319-291-4440 The Subrecipient agrees to furnish and deliver all products and perform all services set forth in the attached Special Conditions for the consideration stated herein. The rights and obligations of the parties to this contract will be subject to and governed by the Special Conditions and the General Conditions. To the extent that any specifications or other conditions which are made a part of this contract by reference or otherwise conflict, the Special Conditions and the General Conditions will control. To the extent that any inconsistency between the Special Conditions and the General Conditions exists, the Special Conditions will control. When approved, the instrument becomes a contract to accomplish the provisions contained within the Fiscal Year 2024 Highway Safety Plan, State and Community Highway Safety Grant 402-PS-2024, Task 04-00-53, and thereby constitutes an official program with the Governor's Traffic Safety Bureau. This activity meets the requirements of Public Law 117-58 and the requirements set forth in the Governor's Traffic Safety Bureau Procedures Manual, as amended. IN WITNESS THEREOF, the parties hereto have executed this contract on the day and year last specified below. CONTRACTOR: By Date: ISSUING AGENCY: By Brett A. Tjepkes, Bureau Chief Effective Date: 03/01/24 Date: 02/15/24 Expiration Date: 09/30/24 Page 518 of 545 GENERAL FEDERAL AWARD INFORMATION PER § 200.210 1) Recipient: City of Waterloo 2) UEI: CH94KQBTB2D8 3) FAIN: 69A375223000040201A0 4) Federal Award Date 12/15/2021 5) Period of Performance: 3/1/24-9/30/24 6) Federal Funds: 29,200.00 7) Total Funds Obligated: 29,200.00 8) Total Amount of Federal Award: 29,200.00 9) Approved Budget: Refer to the signed agreement/award 10) Recipient Match Requirement: None 11) State Match Requirement: Iowa State Patrol 12) Description: Bicycle Education & Enforcement 13) Federal Awarding Agency: National Highway Traffic Safety Administration 14) CFDA: 20.600 - State and Community Highway Safety Grant 15) Research and Development Funds: No 16) Indirect Cost Rate: not applicable SPECIAL CONDITIONS Article 1.0 Identification of Parties. This Contract is entered into by and between the Iowa Department of Public Safety/Governor's Traffic Safety Bureau (hereafter referred to as DPS/ GTSB) and the City of Waterloo (hereinafter referred to as Subrecipient). Article 2.0. Statement of Purpose. WHEREAS, the Highway Safety Plan is the tool for developing and improving overall safety capabilities; improving the program management and decision -making capabilities of safety officials; addressing special problems or opportunities; and providing a coordination mechanism for the purpose of reducing traffic -related property damage, personal injury and fatal crashes, and WHEREAS, the DPS/GTSB has been designated to administer the State and Community Highway Safety Programs established under Section 402 of the Infrastructure Investment and Jobs Act, as amended, and WHEREAS, the Subrecipient has the necessary ability to develop and carry out a portion of that Highway Safety Plan, THEREFORE, the parties hereto do agree as follows: Article 3.0 Area Covered. The Subrecipient will perform all the work and services required under this Contract in connection with and respecting the following areas: City of Waterloo Article 4.0 Reports and Products. The Subrecipient will submit the following reports and products: 4.1 A Claim for Reimbursement form, documentation and, if applicable, an Equipment Accountability Report form for reimbursement within 90 days of the expense being paid by the Subrecipient with the exception of the final claim which is due into the DPS/GTSB office no later than November 15, 2024. 4.2 A cumulative final report due November 1, 2024 covering accomplishments and deficiencies of the Statement of Work and Services. Page 519 of 545 4.3 Any reports and products deemed prudent by the Issuing Agency or Subrecipient. 4.4 A copy of all audit reports within 30 days of completion of said audit. 4.5 Quarterly activity reports due April 15 (second quarter), July 15 (third quarter) and October 15 (fourth quarter) on forms provided by the DPS/GTSB that quantify project activities as well as total departmental effort. Article 5.0 Designation of Officials. 5.1 DPS/GTSB - The Governor's Representative for Highway Safety and the Director of the Governor's Traffic Safety Bureau are the only persons authorized to execute and approve any changes in terms, conditions, or amounts specified in this Contract. 5.2 Contractor Designee, Mayor Quentin Hart, is designated to approve in writing, on behalf of the Subrecipient, the Claim for Reimbursement and any negotiated changes in this Contract. Article 6.0 Key Personnel. The Subrecipient hereby assigns the duties and responsibilities of project administration to Mohammad Elahi, representing the Subrecipient in this agreement. Article 7.0 Time of Performance. The services of the Subrecipient will commence on or after the effective date stipulated on the signature page and will be completed before or by the expiration date. Article 8.0 Modification of General Conditions. 2.0 Release of Data and Findings. Any and all reports, information, data, and so forth, given to, prepared, or assembled by the contractor under this contract shall not be made available to any individual or organization by the contractor prior to the completion of this contract in its entirety, without advance written approval of such prior release by the DPS/GTSB. Unless otherwise stated in the Special Conditions of the Contract, the contractor may not release reports, information, publication information and education materials, and so forth if produced under the terms of the contract without providing the DPS/GTSB with a copy for review and comment at least thirty (30) days in advance of submission for publication. This section applies to such elements as scholarly journals, professional conferences and seminars, final reports, surveys and news releases. 13.0 Litigation. The Contractor agrees to pay the cost of any litigation should said contractor fail to comply with the rules and regulations in this contract or should said contractor prove to be negligent or incompetent. In carrying out the provisions of the contract or in exercising any power or authority granted to the contractor, there shall be no liability, personal or otherwise, upon the GTSB as that office acts in accordance for the State. Furthermore, to the extent allowed by law, including but not limited to Iowa Code chapter 669 and the Iowa Constitution, the contractor shall be responsible for all claims and damages that directly result from the negligent acts or omissions of Contractor, its employees or agents to the extent permitted by Iowa Code Chapter 669. Article 9.0 Additional Special Conditions. 9.1 Expense Documentation. The Subrecipient will document the expenditure of such funds authorized as eligible for reimbursement in accordance with the conditions of this Contract upon submission of the Claim and, for equipment, the Equipment Accountability Report as supplied by the DPS/GTSB. Page 520 of 545 9.2 Policies and Procedures. The Subrecipient will comply with all policies and procedures contained in the Iowa DPS/GTSB Policies and Procedures Manual, as amended, including appropriate attachments provided by the DPS/GTSB in accordance with Section 402 of the Infrastructure Investment and Jobs Act, and the Iowa Administrative Code, Section 661, Chapter 20. 9.3 Copyrights. The Federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: a. The copyright of any work developed under a grant, sub -grant, or contract under a grant or sub -grant; and b. Any rights of copyright to which a grantee, sub grantee or a Subrecipient purchases ownership with grant support. 9.4 Debarred, Suspended and Ineligible Status. The Subrecipient certifies that the Subrecipient and/or any of its contractors have not been debarred, suspended or declared ineligible by any agency of the State of Iowa or as defined in the Federal Acquisition Regulation (FAR) 48 C.F.R. Ch.1 Subpart 9.4. The Subrecipient will immediately notify the DPS/GTSB if the Subrecipient is debarred by the State or placed on the Consolidated List of Debarred, Suspended and Ineligible Subrecipients by a federal entity. a. Instructions for Primary Certification 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, Page 521 of 545 suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. b. Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Page 522 of 545 2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. c. Instructions for Lower Tier Certification 1) By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3) The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4) The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5) The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6) The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 8) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9) Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier Page 523 of 545 covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. d. Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions 1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 9.5 Equipment acquired under this agreement for use in highway safety program areas shall be used and kept in operation for highway safety purposes in accordance with 23 CFR 1300.31. a. Title. Except as provided in paragraphs (e) and (f) of this section, title to equipment acquired under 23 U.S.C. Chapter 4 and Section 1906 will vest upon acquisition in the State or its subrecipient, as appropriate, subject to the conditions in paragraphs (b) through (d) of this section. b. Use. All equipment shall be used for the originally authorized grant purposes for as long as needed for those purposes, as determined by the Regional Administrator, and neither the State nor any of its subrecipients or contractors shall encumber the title or interest while such need exists. c. Management and disposition. Subject to the requirements of paragraphs (b), (d), (e), and (f) of this section, States and their subrecipients and contractors shall manage and dispose of equipment acquired under 23 U.S.C. Chapter 4 and Section 1906 in accordance with State laws and procedures. d. Purchases and dispositions. Subrecipients shall receive prior written approval for all in -car camera purchases and any equipment purchases over $4,000 from GTSB by submitting a quote from the vendor for the equipment to verify the acquisition price. GTSB will determine if further approval is required from NHTSA based on the acquisition price on the quote. Claims for equipment submitted by the Subrecipient must match the quote exactly which was approved by GTSB. GTSB considers equipment purchased using federal funds to have a useful life expectancy of at least a 5 years minimum unless documentation is provided to the contrary. 1) Equipment with a useful life of more than one year and an acquisition cost of $5,000 or more shall be subject to the following requirements: i. Purchases shall receive prior written approval from GTSB and NHTSA. Failure to secure prior approval will result in the Subrecipient being responsible for the cost of the equipment purchase; retroactive approval from NHTSA is not an option. ii. Dispositions shall receive prior written approval from NHTSA unless the equipment has exceeded its useful life as determined by GTSB policy. 2) Equipment with a useful life of more than one year and an acquisition cost of less than $5,000 shall be subject to the following requirements: i. Dispositions shall be reported to GTSB. ii. Equipment destroyed during its useful life shall be replaced by the department. The department will notify GTSB of the date the equipment Page 524 of 545 was rendered unusable and the replacement information to include: manufacturer, date equipment was received, serial number and a photo with serial number. e. Right to transfer title. The Regional Administrator may reserve the right to transfer title to equipment acquired under this part to the Federal Government or to a third party when such third party is eligible under Federal statute. Any such transfer shall be subject to the following requirements: 1) The equipment shall be identified in the grant or otherwise made known to the State in writing; 2) The Regional Administrator shall issue disposition instructions within 120 calendar days after the equipment is determined to be no longer needed for highway safety purposes, in the absence of which the State shall follow the applicable procedures in 2 CFR parts 200 and 1300. f. Federally -owned equipment. In the event a State or its subrecipient is provided federally -owned equipment: 1) Title shall remain vested in the Federal Government; 2) Management shall be in accordance with Federal rules and procedures, and an annual inventory listing shall be submitted by the State; 3) The State or its subrecipient shall request disposition instructions from the Regional Administrator when the item is no longer needed for highway safety purposes. 4) DPS/GTSB does not allow equipment purchased using federal funds to be sold without written prior approval from GTSB. 9.6 Nondiscrimination. The Subrecipient will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin), 49 CFR part 21 and 28 CFR 50.3; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685- 1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally -funded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); Page 525 of 545 • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100); • Executive Oder 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and • Executive Order 13988, Preventing and Combatting Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Subrecipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Subrecipient receives Federal financial assistance from DOT, including NHTSA." The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Subrecipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Subrecipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: a. The Subrecipient agrees that each "activity," "facility," or "program," as defined in § 21.23(b) and (e) of 49 CFR part 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. b. The Subrecipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The [name of Subrecipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.0 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." c. The Subrecipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT Order 1050.2A)U in every contract or agreement subject to the Acts and the Regulations. d. The Subrecipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Subrecipient. Page 526 of 545 e. That where the Subrecipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. f. That where the Subrecipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. g. That the Subrecipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Subrecipient with other parties: 1) for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and 2) for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. h. That this Assurance obligates the Subrecipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Subrecipient, or any transferee for the longer of the following periods: 1) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or 2) the period during which the Subrecipient retains ownership or possession of the property. i. The Subrecipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other Subrecipients, sub-Subrecipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. j. The Subrecipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, the Subrecipient also agrees to comply (and require any sub -contractors, sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The Subrecipient gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance extended after the date hereof to the Subrecipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other Subrecipients, sub -contractors, sub -grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Subrecipient. Page 527 of 545 9.7 Buy America Act. The Subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires Subrecipients to purchase only steel, iron and manufactured products produced in the United States with Federal Funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. 9.8 Political Activity (Hatch Act). The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9.9 State Lobbying Restrictions. None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 9.10 Federal Lobbying Restrictions. The undersigned certifies, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, of modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; c. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Page 528 of 545 9.11 Prohibition on Using Grant Funds to Check for Helmet Usage. The Subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. 9.12 Contract Amendments. Contract amendments must occur if there is a change in budget within the same funding source, to change the required scope of work, a change in an equipment purchase including quantity or addressing an unplanned occurrence. A letter must be submitted by the Contract Designee to GTSB for approval. Once GTSB has issued an approval for the change, the Subrecipient may proceed with the amended activity. No change in a contractual agreement will be accepted within 60 days of the close of the contract. 9.13 Conflict of Interest, General Requirements. — No employee, officer or agent of a subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: a. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. 1. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. 2. The code of standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. b. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. Disclosure Requirements. — No subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by DPS/GTSB or in organizations whose interests may be substantially affected by DPS/GTSB activities. Based on this policy: a. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to DPS/GTSB. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. b. DPS/GTSB will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, DPS/GTSB may (a) terminate the award, or (b) determine that it is otherwise in the best interest of DPS/GTSB to continue the award and include appropriate provisions to mitigate or avoid such conflict. c. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by DPS/GTSB or with an organization whose interest may be substantially affected by DPS/GTSB activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more Page 529 of 545 than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. Article 10.0 Conditions of Payment. 10.1 Maximum Payments. It is expressly understood and agreed the maximum amount to be paid to the Subrecipient by the DPS/GTSB for any item of work or service will be the amount specified under Article 12.0 subject to Article 11.0 herein. It is further understood and agreed the total of all payments to the Subrecipient by the DPS/GTSB for all work and services required under this Contract will not exceed $29,200.00 unless modified by written amendment of this Contract as provided in Section 1.0 of the General Conditions. 10.2 Claim for Reimbursement. All payments to the Subrecipient will be subject to the DPS/GTSB's receipt of a Claim and documentation. A Claim will be submitted on a form provided by the DPS/GTSB. Expenses will need to be paid prior to submitting the claim for reimbursement. If claiming equipment, an Equipment Accountability Report must also be submitted. The Subrecipient must perform services (as defined in sections 11.7 and 11.8 of this contract) between the effective dates of the contract to qualify for reimbursement. The Subrecipient shall receive goods no later than July 31 as stated in section 11.9 of this contract to qualify for reimbursement, unless prior approval is granted. No payments will be made if required reports are more than two months past due unless approved by the DPS/GTSB Director. GTSB reserves the right to deny payment when there has not been performance of any activities defined in the Statement of Work and Services. 10.3 Receipt of Federal Funds. a. All payments hereunder will be subject to the receipt of federal funds by the DPS/GTSB. The termination, reduction, or delay of federal funds to the DPS/GTSB may be reflected by a corresponding modification to the conditions of this Contract. b. Notwithstanding any other provisions of this Contract, if funds anticipated for the continued fulfillment of this Contract are at any time not forthcoming or insufficient, either through failure of the State of Iowa to appropriate funds, discontinuance or material alteration of the program for which funds were provided, the DPS/GTSB will have the right to terminate this Contract without penalty by giving not less than thirty (30) days written notice documenting the lack of funding, discontinuance or program alteration. Unless otherwise agreed to by the parties, the Contract will become null and void on the last day of the fiscal year for which appropriations were received, except that if an appropriation to cover cost of this Contract becomes available within sixty (60) days subsequent to termination under this clause, the DPS/GTSB agrees to re-enter a Contract with the terminated Subrecipient under the same provisions, terms and conditions as the original Contract. c. In the event of termination of this Contract due to non -appropriation, the exclusive, sole and complete remedy of Subrecipient will be payment for services rendered prior to termination. 10.4 Non -Performance Termination. If, through any cause, the Subrecipient shall fail to fulfill in a timely and proper manner its obligation under this contract, or if the Subrecipient shall violate any of the agreements or stipulations of this contract, the DPS/GTSB shall thereupon have the right to terminate this contract and withhold further payment of any kind by giving written notice to the Subrecipient of such Page 530 of 545 termination and specifying the effective date thereof, at least thirty (30) days before such date. The DPS/GTSB shall be the sole arbitrator of whether the Subrecipient or its contractor is performing its work in a proper manner with reference to the quality of work performed by the Subrecipient or its contractor under the provisions of this contract. The Subrecipient and the DPS/GTSB further agree that this contract may be terminated by either party by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) days before such date. 10.5 The Contractor will arrange for a single audit to be performed in accordance with 2 CFR 200 when, as a non-federal entity, the Contractor receives $750,000.00 or more in federal funds. The federal agency, National Highway Traffic Safety Administration, Department of Transportation, passes funds through the Department of Public Safety, Governor's Traffic Safety Bureau. The Catalog of Federal Domestic Assistance (CFDA) number 20.600 applies to State and Community Highway Safety Grant. A copy of the audit report will be submitted to the DPS/GTSB within thirty (30) days after the completion of the audit. Article 11.0 and proper Statement of Work and Services. The Subrecipient will perform in a satisfactory manner, as determined by the DPS/GTSB the following work and services: 11.2 11.3 The Contract will be monitored by the National Highway Traffic Safety Administration (NHTSA) and the DPS/GTSB. All records and documents pertaining to the project are subject to auditing and evaluation by those agencies or their designees. The Subrecipient will absorb all costs not contained in this contract. The project will be evaluated on all items contained in the Statement of Work and Services and the Budget. 11.4 There will be no change in the Statement of Work and Services or Budget without prior written approval of the DPS/GTSB. The Subrecipient will comply with all requirements contained within the Policies and Procedures Manual of the DPS/GTSB. All documents relative to fiscal claims will be maintained in the Subrecipient's office and will be available for review during regular office hours. Staffing plan: a. Provide adequate staff to carry out the activities of this contract. 11.8 Contract activities: a. Develop and produce a bicycle safety awareness video demonstrating how to use the new bicycle lanes on Park Avenue using drone footage for both bicyclists and drivers. The education initiative will include the development and implementation of an education awareness campaign, targeting children, adults, and the community at large to enhance knowledge of bicycle safety. Distribution venues will include multiple social media platforms, the city website, and local television stations. b. The Waterloo Police Department will conduct approximately 80 hours of high visibility downtown patrolling and enforcement in the Park Avenue Bike Trail area over an approximate two -week period with a primary focus on driver behavior and bicyclists. Page 531 of 545 11.9 Key dates: a. By April 15, 2024, July 15, 2024 and October 15, 2024 submit a quarterly report as specified in Article 4.5. b. By August 1, 2024, submit claim for expenses incurred prior to July 1, 2024. c. By August 1, 2024, submit any and all contract amendments including the transfer of funds between line items of the budget. d. By November 1, 2024, submit a final report as specified in Article 4.2. e. By November 15, 2024, submit final claim for reimbursement. 11.10 Reporting requirements/performance measures: a. Bicycle safety awareness video developed, produced and distributed on social media platforms, city website, and local television stations. b. High visibility enforcement conducted by Waterloo Police Department. Article 12.0 Project Budget. Highway Safety Funds Contractual Services High Visibility Enforcement -Waterloo Police Dept $ 9,200.00 Park Lane Bicycle Lane Education Video $ 20,000.00 TOTAL $ 29,200.00 Page 532 of 545 CITY OF ATERLOO J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Traffic Operations Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Resolution approving an agreement with MidAmerican Energy, in the amount of $4,182.54 for the purchase and installation of a streetlight to be located at 205 Southbrooke Drive, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Resolution SUMMARY STATEMENT AND BACKGROUND INFORMATION There was a problem reported about the need for a light for drivers. We investigated the site. The location meets City Streetlight Policy due to the existence of curve. NEIGHBORHOOD IMPACT Improves driving conditions at night. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Traffic Department Budget ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 533 of 545 None Page 534 of 545 CITY OF ATERLOO J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Traffic Operations Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE An ordinance amending the City of Waterloo Traffic Code by adding Subsection (75a) Coral Drive, to Section 551, Parking prohibited at all times on certain streets. (75a) Coral Drive - East side between Bismark Avenue and Harwood Avenue. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Sec. 551-No Pkg Coral Drive Page 535 of 545 Page 536 of 545 ORDINANCE NO. AN ORDINANCE AMENDING THE 2020 TRAFFIC CODE BY ADDING SUBSECTION (75a) CORAL DRIVE., TO SECTION 551, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (75a) Coral Drive of Section 551, Parking Prohibited at All Times on Certain Streets, of the 2020 Traffic Code, is hereby added, as follows: (75a) Coral Drive East side between Bismark Avenue and Harwood Avenue. PASSED AND ADOPTED by the City Council this day of , 2024, and approved by the Mayor this day of , 2024. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 537 of 545 CITY OF ATERLOO J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Traffic Operations Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE An ordinance amending the City of Waterloo Traffic Code by adding Subsection (23a) Axlewood Drive, to Section 551, Parking prohibited at all times on certain streets, East side of Axlewood Drive to Magnolia Parkway. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Sec. 551-No Pkg Axlewood Drive Page 538 of 545 Page 539 of 545 ORDINANCE NO. AN ORDINANCE AMENDING THE 2020 TRAFFIC CODE BY ADDING SUBSECTION (23a) AXLEWOOD DRIVE., TO SECTION 551, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (23a) Axlewood Drive of Section 551, Parking Prohibited at All Times on Certain Streets, of the 2020 Traffic Code, is hereby added, as follows: (23a) Axlewood Drive East side of Axlewood Drive to Magnolia Parkway. PASSED AND ADOPTED by the City Council this day of , 2024, and approved by the Mayor this day of , 2024. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 540 of 545 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Marty Petersen, City Attorney Legal Department Department MEETING DATE March 18, 2024 AGENDA ITEM TITLE Hearing and Order Assessing Civil Penalty to Dollar General, 428 E. 1st Street, Waterloo, Iowa 50703, for sale of tobacco to minor violation -first offense. RECOMMENDED COUNCIL ACTION Assess Penalty for First Violation. SUMMARY STATEMENT AND BACKGROUND INFORMATION Dollar General was contacted regarding a tobacco violation and given a deadline to acknowledge the violation. They did not respond and therefore, the Council must assess the civil penalty of $300.00 for this violation. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 541 of 545 1. Order -Tobacco Violation -Dollar General 428 E. 1st Street -First Offense 2. Dollar General 428 E. 1st -Order Assessing Page 542 of 545 BEFORE THE WATERLOO CITY COUNCIL IN RE: DOLLAR GENERAL ORDER ACCEPTING 428 E. 1ST STREET ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50703 AGREEMENT —FIRST VIOLATION On this day of March, 2024, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above -captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above -captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this action will count as a First Violation of Iowa Code Section 453A.2(1), pursuant to Iowa Code Section 453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Mayor Quentin Hart ATTEST: Kelley Felchle, City Clerk Page 543 of 545 Page 544 of 545 BEFORE THE WATERLOO CITY COUNCIL IN RE: DOLLAR GENERAL ORDER 428 E. 1st STREET ASSESSING PENALTY WATERLOO, IOWA 50703 FIRST VIOLATION On this 18th day of March, 2024, after a public hearing on the matter, the Waterloo City Council finds that based upon evidence submitted by the City Attorney's Office, the above - captioned permittee committed a violation of Iowa Code §453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under twenty-one years of age. THEREFORE, the Waterloo City Council hereby orders that a civil penalty in the sum of $300.00 be remitted by the above -captioned permittee, to the City of Waterloo, on or before the 18th day of April, 2024. This sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). Be advised that failure to pay the civil penalty by this date shall result in the automatic permit suspension for a period of fourteen (14) days in addition to the $300.00 civil penalty. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 545 of 545