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HomeMy WebLinkAboutCouncil Packet - 6/3/2024CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, June 3, 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 647 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, Steve Simon, At -Large Council Member. Approval of Agenda. Approval of Minutes of the May 20, 2024, Regular Council Session and the May 23, 2024, Page 2 of 647 Special Council Session, as proposed or amended. 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 the request by Kristina Cook, for tax exemptions on the construction of a twin home unit valued at $269,900.00, for property located at 4149 Omaha Avenue and located in the City Limits Urban Revitalization Area (CLURA). 3. Resolution approving the request by Muhamed Kudic, for tax exemptions on the construction of a new single-family home valued at $278,400.00, for property located at 4503 Charm Drive and located in the City Limits Urban Revitalization Area (CLURA). 4. Resolution approving the request of Tim Bedard for a waiver for an asphalt driveway located at 2529 Kate Street, with elimination of the sidewalk section. 5. Resolution in support of an application by J & R Real Estate Holdings, LLC, for the Iowa Workforce Housing Tax Credit Program Application to the Iowa Economic Development Authority, to construct nineteen new residential units, located at 1729 Mulberry Street, including a potential for tax abatement of at least $1,000.00 per unit through the Consolidated Urban Revitalization Area tax abatement program upon substantial completion and project shall also receive $95,000.00, or $5,000.00 per housing unit created per the Infill Housing Program, upon receipt of certificate of occupancy. 6. Resolution approving eleven FY 25 Quarter 1 and Quarter 2 Event and Partner Hotel/Motel Tax Grants, in the amount of $74,000.00, as recommended by the Waterloo Convention and Visitors Bureau Board of Directors. 7. Resolution approving the installation of a speed hump in the 1000 block of Flammang Drive. 8. Resolution setting date of public hearing as June 17, 2024, in conjunction with the FY 2023 Hammond Avenue Bridge Replacement Project, Contract No. 922, IDOT Project No. BROS-8155(759)--8J-07, and instruct the City Clerk to publish notice. 9. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as June 20, 2024, and date of public hearing as July 1, 2024, in conjunction Page 3 of 647 with Asbestos Abatement Services Contract No. AB-2024-06-01 P, for property located at 123 E. Parker Street, former Saint Mary's Villa (rebid). 10. Resolution approving a three-year engagement letter with Creative Planning Business Services of Des Moines, IA, in the total amount of $1,575.00 over the three years, in conjunction with the PlainSight Fraud Hotline services provided with the approved audit proposal with BerganKDV, and authorizing the Finance Director said document. 11. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as June 6, 2024, and date of public hearing as June 17, 2024, in conjunction with Asbestos Abatement Services Project, Contract No. AB-2024-05-OOP, and instruct the City Clerk to publish notice. 12. Motion approving Change Order No. 1 with WRH Inc., of South Amana, Iowa, for a net increase of $58,822.15, in conjunction with Titus Lift Station and Force Main Project, Contract No. 975, and authorizing the Mayor and City Clerk to execute said document. 13. Motion to approve Change Order No. 1 with Municipal Pipe and Tool Co., LLC, of Hudson, Iowa, for a net increase of $29,355.94, in conjunction with FY 2024 CIP Pipelining Phase IVB1 Project, Contract No. 1102, and authorizing the Mayor and City Clerk to execute said document. 14. Motion to approve a Fireworks Display Application by Dan Mast for the East vs. West baseball game on June 4, 2024, beginning at 9:30 p.m. for approximately 5 minutes. 15. Communication from the Leisure Services Department on the notice of the conclusion of employment of Madonna Welsh, Office Coordinator/Bookkeeper, effective May 24, 2024, with recommendation of approval of payout of $17,390.63 for unused benefits. 16. Emily Hanson, Board/Commission: Library Board of Trustees, Expiration Date: June 30, 2030, [New]. 17. Lynn LaGrone, Board/Commission: Library Board of Trustees, Expiration Date: June 30, 2030, [New]. 18. James Lentfer, Board/Commission: Veteran Memorial Hall, Expiration Date: June 3, 2027, [Renewal]. 19. Leisure Services Commission Board minutes of April 9, 2024. 20. Historic Preservation Commission minutes of March 19, 2024. 21. Planning, Programming, and Zoning Commission minutes of March 12, 2024. 22. Airport Board meeting minutes of April 24, 2024. 23. Liquor Licenses a. The American Legion, 728 Commercial St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 6/14/2025. b. Experience Waterloo, Lincoln Park, Special Class C Alcohol w/Outdoor Service and Page 4 of 647 Sunday Sales (New 5-Day) Exp: 6/9/2024. c. Hickory House, 315 Park Rd., Class C Alcohol w/Sunday Sales (Renewal) Exp: 5/23/2025. d. Riverloop Expo Plaza, 400 Jefferson St., Special Class C Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 1/24/2025. e. Rodney's Kitchen Soul Food & Catering, 624 Sycamore St., Special Class C Alcohol w/Sunday Sales (New) Exp: 6/14/2025. f. Main Street Waterloo, Lincoln Park, Special Class C Alcohol w/Outdoor Service and Sunday Sales (New 5-Day) Exp: 6/21/2024, 7/12/2024, 8/9/2024 and 8/30/2024 g. Main Street Waterloo, Riverloop Expo Plaza, Special Class C Alcohol w/Outdoor Service and Sunday Sales (New 5-Day) Exp: 8/31/2024. h. Southtown Lounge, 2026 Bopp St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 6/7/2025. i. Main Street Waterloo, 300 Jefferson St., Special Class C Alcohol w/Sunday Sales (New) Exp: 6/15/2024. 24. Motion to approve denial of a Liquor License application for Dollar General #4698, 2935 Logan Avenue, Waterloo, due to failure to pass fire inspections. Submitted by: Kelley Felchle, City Clerk 25. Bonds. PUBLIC HEARINGS 1. Sale and conveyance of city -owned property located east of 127 Conger Street in the amount of $1.00, to Perry & Michelle Gamblin, including approval of a Development Agreement to include the construction of a garage with a minimum size of 24 feet by 24 feet, and authorizing the Mayor and City Clerk to execute said documents. 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 approving the sale and conveyance of city -owned property located east of 127 Conger Street, in the amount of $1.00, to Perry and Michelle Gamblin. Resolution approving a Development Agreement to include the construction of a garage with a minimum size of 24 feet by 24 feet, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 2. Sale and conveyance of city -owned property located at 1738 Flower Street, in the amount of $10,000.00, to Babic Properties, LLC, including approval of a Development Agreement for the construction of an 8-plex apartment building, a grant of $5,000.00 per unit for a total grant of $40,000.00 for infill housing development, and approval of an Early Access Agreement. 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 approving the sale and conveyance of city -owned property located at 1738 Flower Street, in the amount of $10,000.00, to Babic Properties, LLC, and authorizing the Page 5 of 647 Mayor and City Clerk to execute said deed. Resolution approving a Development Agreement for the construction of an 8-plex apartment building, a grant of $5,000.00 per unit for a total grant of $40,000.00 for infill housing development, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving an Early Access Agreement with Babic Properties, LLC, for property located at 1738 Flower Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director RESOLUTIONS 1. Resolution approving a Renewal Agreement with Delta Dental for fees associated with administration, in the amount of $38,013.00, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Lance Dunn, Human Resources Director 2. Resolution approving a Renewal Agreement with Wellmark Blue Cross Blue Shield for fees associated with administration, network access, and stop loss, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Lance Dunn, Human Resources Director 3. Resolution approving Fiber Project Reimbursement Agreement by and between the City of Waterloo and the Waterloo Municipal Communications Utility, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Bridgett Wood, Finance Director 4. Resolution approving an Automated Traffic Enforcement fine schedule for speeding and red light violations and rescinding Resolution No. 2017-639 in its entirety. Submitted by: Martin Petersen, City Attorney 5. Resolution approving a Development and Minimum Assessment Agreement with Fusion Investments II, LLC, for a 51,900 square foot industrial building, with a minimum assessed value of $2,520,450.00, located at 3530 Marnie Avenue, with rebates of 90 percent for years one through three, 85 percent for years four through six, 75 percent for years seven through nine and 65 percent for years ten through fifteen, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 6. Resolution approving a Development Agreement with C 10 Investments, LLC, for the construction of a 12-unit residential building on an infill lot located next to 150 Acadia Street, including a $60,000.00 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 7. Resolution approving a Development and Minimum Assessment Agreement with J & R Real Estate Holdings, LLC, for the rehabilitation of 1721-1729 Mulberry Street into nineteen Page 6 of 647 residential units, a daycare, and community space, including the Infill Housing Incentive of $5,000.00 per residential unit, Consolidated Urban Revitalization Area tax abatement and a Minimum Assessment Agreement of $2,500,000.00, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 8. Resolution approving a Development Agreement with Amela and Muhamed Kudic for the construction of an infill lot located at 4503 Charm Drive, including $5,000.00 of Infill Housing incentive payment upon completion of a new home, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 9. Resolution approving an amendment to the Development and Minimum Assessment Agreement with Gearhart Moore Holdings, LLC, originally executed April 15, 2024, to change the name of the company to 1515 Sycamore, LLC, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 10. Resolution terminating a Development and Minimum Assessment Agreement dated February 19, 2024, with NADROJ Realty, LLC, for property located south of 115 Warp Drive. Submitted by: Noel Anderson, Community Planning and Development Director 11. Resolution approving Amendment No. 3 with Strand Associates of Madison, Wisconsin, originally executed September 9, 2021, for design, bidding and construction -related services, in conjunction with the Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation Project, and authorizing the Mayor to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 12. Resolution approving a Professional Services Agreement with HR Green, Inc., in an amount not to exceed $17,300.00, to complete a Phase II Environmental Site Assessment at the former Waterloo Community School District's bus barn, located west of 6114 Kimball Avenue, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 13. Resolution approving a Project Funding Agreement with the Waterloo Development Corporation for asbestos abatement of properties located at 100 Commercial Street, 118 Sycamore Street, and 128 Sycamore Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 14. Resolution approving a Professional Services Agreement with ISG Inc., of Waterloo, Iowa, in the amount of $3,000.00, in conjunction with preparing a Traffic Safety Improvement Program grant application for traffic signal snow cone retrofit, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Mohammad Elahi, Traffic Operations Director Page 7 of 647 15. Resolution approving a Service Agreement with the University of Northern Iowa, of Cedar Falls, Iowa, in the amount of $5,368.00, in conjunction with the digitization of the City of Waterloo Traffic Ordinance, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Mohammad Elahi, Traffic Operations Director 16. Resolution approving an update to the Raise Grant Agreement, with the US Department of Transportation, originally approved May 6, 2024, in conjunction with the La Porte Road Improvements from Shaulis Road to Byron Avenue, and authorizing the Mayor to execute said document. Submitted by: Jamie Knutson, City Engineer 17. Resolution approving a Permanent Easement Agreement and Temporary Construction Easement Agreement with Stevana M. 0 Connor, for property located at 2203 La Porte Road, in the amount of $423.62, in conjunction with the La Porte Road Reconstruction Project, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director ORDINANCES 1. An ordinance amending the City of Waterloo Code of Ordinances by amending the City of Waterloo Traffic Code by adding Subsection (4) Johnson Street to Section 542, One -Way Streets and Alleys. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by amending the City of Waterloo Traffic Code by adding Subsection (4) Johnson Street to Section 542, One -Way Streets and Alleys. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Mohammad Elahi, Traffic Operations Director 2. An ordinance amending the Code of Ordinances by amending the City of Waterloo Traffic Code by adding Subsection (16a) Western Avenue to Section 542, One -Way Streets and Alleys. Motion to receive, file, consider, and pass for the first time an ordinance amending the Code of Ordinances by amending the City of Waterloo Traffic Code by adding Subsection (16a) Western Avenue to Section 542, One -Way Streets and Alleys. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Mohammad Elahi, Traffic Operations Director ADJOURNMENT Motion to adjourn. Kelley Felchle Page 8 of 647 City Clerk Page 9 of 647 May 20, 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, May 20, 2024. Roll Call. Mayor Pro Tem Ray Feuss in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton - Smith, Mr. Chiles, Mr. Simon, Ms. Wilder and Mr. Feuss. Prayer or Moment of Silence. Pledge of Allegiance, Ray Feuss, Ward 5 Council Member. Approval of Agenda as proposed or amended. Chiles/Nichols that the agenda, as proposed, be approved. Voice vote -Ayes: Seven. Motion carried. Approval of Minutes of May 6, 2024, Regular Council Session as proposed or amended. Chiles/Nichols that the minutes of May 6, 2024, Regular Session, as proposed, be approved. Voice vote -Ayes: Seven. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Mary Potter, Grout Museum Board Member Jenna Petersen, Iowa Heartland Habitat for Humanity Larry Stumme, 1008 Lois Ln Aaron Stacey Roberts, 411 Almond St Barb Perizek, 331 Argyle St Beverly Cosby, 315 Wendell Ct Michelle Brooks, 1026 Ash St Vapordeal Sanders, 317 Webster St Mr. Chiles commented that a ward meeting will occur at Sidecar Coffee on West Ridgeway Avenue this Saturday at noon. Ms. Creighton -Smith questioned if any studies have been done on Hy-Vee leaving the area. Aric Schroeder, City Planner, explained that he is not aware of any studies, SWOT analysis or any proposed use for the site at this time, but that he can discuss this with Noel Anderson. Ms. Creighton -Smith commented that the issue at hand is much greater than areas that are Page 1 of 9 Page 10 of 647 marginalized, minoritized and racism, its about the system in operation that continues to reproduce after its kind that must be dismantled. Council needs to get to the core of the problem and listen to our constituents and take action. Mr. Boesen shared that he sits on the Black Hawk Gaming Commission and celebrated the amount of work that is going into the Walnut Neigborhood. Mr. Nichols shared that he will have a ward meeting coming up at the Waterloo Public Library on May 28th at 5:30 p.m. Ms. Wilder apologized that HyVee is leaving but shared that council members and Mayor are meeting with leaders of HyVee on what can be done. Chiles/Wilder to close public comments. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Chiles/Wilder that the following items on the consent agenda be received and placed on file, including an amendment to Consent Agenda Item No. 14, updating the amount from $10,110.03 to $9,859.72, an amendment to the Bills Payment for April 22, 2024, in the amount of $3,951,505.09, May 13, 2024, in the amount of $6,127,872.52 and May 20, 2024, in the amount of $4,689,802.57. 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. 2024-299. Resolution approving the request of Scott Whiteman, for a waiver for a concrete driveway, located at 2014 Ashland Avenue, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-300. Resolution approving the request of Dennis Payne for a waiver for a concrete driveway, located at 145 Lovejoy Avenue, with the elimination of the sidewalk section due to inability to meet grade requirements. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-301. Resolution approving the request of Mirsad Sabic for a waiver for a concrete driveway, located at 4048 E. Shaulis Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-302. Page 2 of 9 Page 11 of 647 Resolution approving the request of Irene Shriver for a waiver for an asphalt driveway, located at 425 Sheridan Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-303. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as June 13, 2024, and date of public hearing as June 17, 2024, in conjunction with the FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well Project, Contract No. 1066, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-304. Resolution setting date of public hearing as June 3, 2024, for the sale and conveyance of city - owned property located at 1738 Flower Street, in the amount of $10,000.00, to Babic Properties, LLC, including approval of a Development Agreement for the construction of an 8- plex apartment building, a grant of $5,000.00 per unit for a total grant of $40,000.00 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. 2024-305. Resolution setting date of public hearing as June 3, 2024, for the sale and conveyance of city - owned property located east of 127 Conger Street, in the amount of $1.00, to Perry and Michelle M. Gamblin, including approval of a Development Agreement for construction of an accessory structure, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-306. Resolution approving award of bid to Boulder Contracting, LLC, of Grundy Center, Iowa, in the amount of $238,017.43, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2025 Sidewalk Ramp and Trail Repair Program - Zone 4, Contract No. 1106, 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. 2024-307. Resolution approving award of bid to Boulder Contracting, LLC, of Grundy Center, Iowa, in the amount of $94,060.66, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2024 11th Street Railroad Crossing Repair Project, Contract No. 1107, 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. 2024-308. Resolution approving award of bid to Boulder Contracting, LLC, of Grundy Center, Iowa, in the amount of $53,939.44, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2024 Rainbow Drive Railroad Crossing Repair Project, Contract No. 1108, and authorizing the Mayor and City Clerk to execute said documents. Page 3 of 9 Page 12 of 647 Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-309. Resolution in support of an application by The 415 Walnut Collective, for the Iowa Workforce Housing Tax Credit Program application to the Iowa Economic Development Authority, to construct three new market rate apartments within the Walnut Church, located at 415 Walnut Street, including a grant of $15,000.00 as approved by city council by Resolution No. 2023-047 on January 17, 2023. Roll Call vote -Ayes: Six. Nays: One (Creighton -Smith). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-310. Resolution in support of an application by The Martin Flats, LLC, for the Iowa Workforce Housing Tax Credit Program application to the Iowa Economic Development Authority, to construct two new market rate apartments on the upper level, located at 319 E. 4th Street, including a grant of $199,000.00 for the overall redevelopment project and fifteen years of rebates at 70 percent as approved by city council by resolution No. 2023-744 on November 20, 2023. Roll Call vote -Ayes: Six. Abstain: One (Wilder) for business reasons. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-311. Resolution approving request to certify assessments for unpaid snow, weed mowing and lot clean-ups, for payments dated January 1, 2023 - March 1, 2024, in the amount of $9,859.72, for properties listed on attached exhibit "A". Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-312. Resolution approving cancellation of assessment for property located at 2306 Clearview Street, in the amount of $230.67, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-313. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - First Offense with Byron Mart, 306 Byron Avenue, Waterloo, Iowa, 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. 2024-314. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - Second Offense with West Side Liquor, 919 W. 5th Street, Waterloo, Iowa 50702, and acceptance of a civil penalty in the amount of $1,500.00, 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. 2024-315. Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing two Chevy Traverse vehicles, in the amount of $66,507.20, from Enterprise Fleet Management, Page 4 of 9 Page 13 of 647 for the Police Department. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-316. Motion to accept and place on file the arbitrage results reflecting that a yield reduction liability payment of $772.27 is due to the Internal Revenue Service for the General Obligation Bonds Series 2019A. Motion to accept and place on file the arbitrage results reflecting that a yield reduction liability payment of $1,182.98 is due to the Internal Revenue Service for the General Obligation Bonds Series 2020A. Motion to approve Change Order No. 1 with Hawkeye Flat Roof Solutions, LLC, of Toledo, Iowa, for a net increase of $12,500.00, in conjunction with City Hall Roof Repair, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Six. Nays: (Simon). Motion carried. Motion to approve Change Order No. 04 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $34,652.72, in conjunction with FY 2022 Park Avenue Bridge Replacement Project, Contract No. 1013, DOT Contract No. BRM-CHBP-8155(771)--NB-07, and authorizing the Mayor and City Clerk to execute said document. Motion to approve a Fireworks Display Application by the Waterloo Bucks Ball Club for home games beginning at 10:00 p.m. for approximately 10 minutes on May 28, June 8, June 15, July 2, July 4, July 6, July 20 and August 3, 2024. Motion to approve appointment of Indira Krusko, from the current civil service list, to the position of Intake Specialist in the Community Development Department, effective May 22, 2024. Chris Fischels, Board/Commission: Design Review Board, Expiration Date: May 20, 2027, New. Communication from the Fire Department on notice of the conclusion of employment of Michael McClelland, Firefighter, effective May 1, 2024, with recommendation of approval of payout of $180.40 for unused benefits. Liquor Licenses Page 5 of 9 Page 14 of 647 a. Casey's General Store #2427, 3035 Logan Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 6/14/2025. b. El Mercadito, 520 La Porte Rd., Class B Alcohol w/Sunday Sales (Renewal) Exp: 6/20/2025. c. Golden China, 106 Brookeridge Dr., Class C Alcohol w/Sunday Sales (Renewal) Exp: 5/4/2025. d. Linn Mart, 926 Linn St., Class B Alcohol w/Sunday Sales (RenewaltExp: 4/17/2025. e. LuckyWife Wine Slushies, 4022 Sergeant Rd., Special Class C Alcohol w/Outdoor Service and Sunday Sales (New 5-Day) Exp: 7/21/2024. f. Lucky Wife Wine Slushies, 4022 Sergeant Rd., Special Class C Alcohol w/Outdoor Service and Sunday Sales (New 5-Day) Exp: 9/29/2024. g. Steamboat Gardens, 1740 Falls Ave., Class C Alcohol w/Sunday Sales (Renewal) Exp: 6/13/2025. h. Smitty's Bar, 709 Jefferson St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 5/26/2025. i. The Isle Casino Hotel Waterloo, 777 Isle of Capri Blvd., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 4/30/2025. j. Basal Pizza, 225 W. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 4/30/2025. Bonds. PUBLIC HEARINGS Sale and conveyance of city -owned property located at 708 W. 3rd Street, in the amount of $2,000.00, to Tramaun Allen, including approval of a Development Agreement and Real Estate Contract for the rehabilitation of a garage and construction of a fence. Boesen/Chiles 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. Boesen/Chiles to close hearing. Voice vote -Ayes: Seven. Motion carried. Boesen/Chiles Resolution authorizing the sale and conveyance of city -owned property located at 708 W. 3rd Street, in the amount of $2,000.00 to Tramaun Allen, 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. 2024-317. Boesen/Chiles Page 6 of 9 Page 15 of 647 Resolution approving a Development Agreement and Real Estate Contract with Tramaun Allen for the rehabilitation of a garage and construction of a fence, 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. 2024-318. 2024-2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract re -bid for city -owned lots generally maintained by the Planning and Zoning Department. Chiles/Wilder 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, commented that he would like to see the actual cost, not just per occurrence. Chiles/Wilder to close the hearing and receive and file oral comments. Voice vote -Ayes: Seven. Motion carried. Chiles/Wilder Resolution confirming approval of 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. 2024-319. Chiles/Wilder to receive, file, and instruct the City Clerk to read bids. Voice vote -Ayes: Seven. Motion carried. Bid Estimate: A: $18 per lot/occurrence (under 1 acre) / B: $75 per hour/per occurrence (more than 1 acre) B&B Lawn Care, Inc. Waterloo, IA - 5% - A: $11.41 / B: $49.99 Mr. Boesen questioned how many acres 310 Upland is as that property was just added to city owned property. Aric Schroeder, City Planner, commented that it is in the 4 to 5 acre range. Mr. Boesen commented that it is incredibly important to market and sell city owned lots Chiles/Wilder Resolution awarding bid to B&B Lawn Care, Inc., of Waterloo, Iowa, in the amount of $11.41 per lot per occurrence for lots under 1 acre, and $49.99 per acre per occurrence for lots 1 acre or more, in conjunction with the 2024-2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract re -bid for city -owned lots generally maintained by the Planning and Zoning Department. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-320. Page 7 of 9 Page 16 of 647 Sale and conveyance of city -owned property located at 516 Pine Street, in the amount of $1.00, to Iowa Heartland Habitat for Humanity, including approval of a Development Agreement for the redevelopment of a single family home and a grant of $5,000.00 for infill housing incentive. Wilder/Chiles 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. Wilder/Chiles to close the hearing. Voice vote -Ayes: Seven. Motion carried. Wilder/Chiles Resolution authorizing the sale and conveyance of city -owned property located at 516 Pine Street, in the amount of $1.00 to Iowa Heartland Habitat for Humanity, 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. 2024-321. Wilder/Chiles Resolution approving a Development Agreement with Iowa Hartland Habitat for Humanity for the rehabilitation of a single-family home at 516 Pine Street, with a $5,000.00 infill housing grant, 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- 322. Request by King Automotive to rezone approximately 1.76 acres from "C-2" Commercial District to "M-1" Light Industrial District for the potential expansion of an existing salvage yard located south of 275 Rampart Lane. Boesen/Wilder 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. Boesen/Wilder to close the hearing and receive and file a recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion carried. BoesenWilder to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by King Automotive to rezone approximately 1.76 acres from "C-2" Commercial District to "M-1" Light Industrial District for the potential expansion of an existing salvage yard located south of 275 Rampart Lane. Roll Call vote -Ayes: Seven. Motion carried. Ms. Creighton -Smith questioned how close this is to homes in the area. Page 8 of 9 Page 17 of 647 Aric Schroeder, City Planner, explained the closest home would be several hundred feet at the closest point. Ms. Creighton -Smith thanked Mr. Schroeder and explained that if it had been only one hundred feet she could not vote in favor. Mr. Chiles questioned if the city has received complaints about this particular companyl Ar Schroeder commented there ave not been any complaints. Boesen/Wilder to suspend the rules. Roll Call vote -Ayes: Seven. Motion carried. Boesen/Wilder to receive, consider, file, and pass for the second and third times and adopt the ordinance. Roll Call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5762. RESOLUTIONS Resolution approving a Permanent Easement Agreement in the amount of $1,602.72, with Hy- Vee, Inc., for sidewalk and traffic signal infrastructure, located near 2181 Logan Avenue, in relation to roadway improvements at the North Crossing Development, and authorizing the Mayor and City Clerk to execute said document. Chiles/Wilder Roll Call vote -Ayes: Six. Nays: One (Creighton -Smith). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-323. Resolution approving a request by Cedar Valley Fish Market for an Encroachment Agreement to allow for the placement of a food trailer and related items in the right-of-way in front of 218 Division Street, and authorizing the Mayor and City Clerk to execute said documents. Chiles/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-324. ADJOURNMENT Chiles/Wilder that the council adjourn at 6:16p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 9 of 9 Page 18 of 647 May 23, 2024 Special Session Harold E. Getty Council Chambers Roll CaII. The Council of the City of Waterloo, Iowa, met in Special Session via Zoom link at 4:00 p.m., Thursday, May 23, 2024. Mayor Pro Tem Ray Feuss in the Chair. Roll Call: Boesen, Nichols, Simon, and Feuss. Absent: Chiles, Creighton -Smith and Wilder. Approval of Agenda Boesen/Nichols that the Agenda as proposed, for the Special Session on May 23, 2024, at 4:00 p.m., be accepted and approved. Voice vote -Ayes: Fi. Motion carried. CONSENT AGENDA Motion approving a Class C Liquor License with Outdoor Service for Cedar Skyline Corporation, DBA Main Street Waterloo, for Lincoln Park, expiring on May 25, 2024. Boesen/Simon that the Class C Liquor License with Outdoor Service for Cedar Skyline Corporation, DBA Main Street Waterloo, for Lincoln Park, expiring on May 25, 2024, be approved. Voice vote -Ayes: Four. Motion carried. ADJOURNMENT Boesen/Nichols that the council adjourn at 4:02 p.m. Voice vote -Ayes: Four. Motion carried Kelley Felchle City Clerk Page 1 of 1 Page 19 of 647 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 June 3, 2024 AGENDA ITEM TITLE Resolution approving the request by Kristina Cook, for tax exemptions on the construction of a twin home unit valued at $269,900.00, for property located at 4149 Omaha Avenue and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Prairie Meadow Estates A Condominium Unit 4149 Page 20 of 647 ATTACHMENTS 1. CLURA 4149 Omaha Ave Form 2. CLURA 4149 Omaha Ave Map Page 21 of 647 For Office Use Only Date Received: Received by: Stafffo make a copy Corapplicant CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW DWELLINGS AND DAYCARE CENTER IMPROVEMENTS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed residential dwellings and daycare centers, and any additions or major renovations for utilizing a residential home for children daycare center provided that they meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department) 2. Any such day care facilities must be registered with the State of Iowa for day care use. 3. This application must be filed with City prior to the 1' working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. 4. Daycare facilities may need a development agreement with the City. Please contact the Waterloo Planting and Zoning Department for more information. Please fill out the following infonnation for your application to be submitted to the City Council. Y% NAME: it(�4� i u \ ( SIGNATURE:_1 y� ADDRESS: fl (k �A 1►VCI4� i� 1t�JE i i�3 t4`JU7� �}��}et/1 i �V t TELEPHONE: )° 1 3 J A[� ' DATE: 51 2Qr ZAV) A. What is the Address of the property being improved?I\ IcAJd 1 1 ` V t ` 1lllil, 13 1 �(! What is the Legal Description of the property? (May be available at County Recorder's Office on 2" a floor of the Courthouse) gage ll"�(Wr,+b ; 4f k) fart � M�low (1114 9/i q B. Indicate desired exemption schedule: (1 or 2) 1. Y. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% b. Second Year 70% c. Third Year 60% d. Fourth Year 50% e. Fifth Year 40% f Sixth Year 40% g. h. Seventh Year 30% Eighth Year- -30% Ninth Year 20% Tenth Year 20% Note: Residentially assessed properties receiving the CLURA tax abatement incentive will not receive tax abatement on school district taxes. Therefore, all residential properties will pay the school district portion of the property taxes effective July 1, 2024. C. What was the nature of the improvement(s)? TW'v � (y r. � � D. What was the cost of the new construction? VL -I `LW /� E. Estimated or actual date of completion of this new construction? f 1. 017.— ) Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. DO NOT Write Below this line — Office Use Only F. City of Waterloo Building and Inspections Department Information: ,,`� Permit Number: k.)A i 0)1MS Date permit was issued: ` 5—S - fR3 Total permit(s) valuation:. IOU' ('.YCt , C() CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: DENIED T.J. Koenigsfeld Black Hawk County Assessor Page 22 of 647 Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. 0 40 80 160 240 Feet 49 Omaha Ave Page 2 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 June 3, 2024 AGENDA ITEM TITLE Resolution approving the request by Muhamed Kudic, for tax exemptions on the construction of a new single-family home valued at $278,400.00, for property located at 4503 Charm Drive and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Southland Park 6th Addition Lot 2 Page 24 of 647 ATTACHMENTS 1. CLURA 4503 Charm Dr Form 2. CLURA 4503 Charm Dr Map Page 25 of 647 May 1024.01:58p p.1 For Office Use Only DateReceived: L Received by:_......,— Staff to meke a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION FORPROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW D\YELL- NGS AND DAYCARE CENTER IIVTRDVEMENTS UNDER THE PROVISIONS OF 11- B. CITY LL ZITS URBAN REVITALIZATION AREA PLAN ADOPTED I3Y THE, CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed residential dwellings and daycare centers, and any additions or major renovations for utilizing a residential home for children daycare center provided that they meet the following criteria: 1. Be located wit'nin the CLURA boundaries (a map of which can be obtained from the City of Waterloo Comutunity Planning & Development Department.) 2. Any such day care facilities must be registered with the State of Iowa for day care use. 3. This application must be filed with City prior to the 1e9 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of au entire project requiring more than one year to construct or complete, providine prior approval has been granted by the City Council or County Board of Supervisors. 4. Daycare facilities may need a development agreement with the City. Please contact the Waterloo Planning and Zoning Department formoreinformation. Please fill out the following information for your application to be submitted to the City Council. NAME: ADDRESS: Hu Co'n& Yucbe TELEPHONE: E: 3P 4- `O - i _ 0. 6 A. What is theAddrnss of the property being unproved? What is the Legal Dsscripdion of the property? (May be SIGNATURE: EMAIL: (Yv G��C N'l mctCovi l . YO-- IIATE: vei \n-) 4 3 t (fl71 P( available at County Recorder's Office on 2" floor of the Courthouse) xl11/11«Y1 Petra, 6111 Ma i- B. Indicate desired exemption schedule: (1 or 2) 1. V One Hundred Percent (100%) exemption for three years on the actual valt:e added by improvements; 2. Apartial exemption on the actual value added by improvements according to the following schedule: a. b. c. First Year----- ----- 80% Second Year-76% Third Year GO% d. e. Fourth Year 50% Fifth Year —40% Sixth Year---------46% g. Seventh Year 30% h. Eighth Year-- ------30% i. Ninth Year------20% Tenth Year--------20% Note: Residentially assessed properties receiving the CLURA tax abatement incentive will not receive tax abatement on school district taxes. Therefore, all residential properties will pay the school district portion of the property taxes effective Yuly 1, 2024. C. What was the nature of the im rovernent(s)2 D. Whal was the cost of the new construction? 4g7gLop rt64}} L. Estimated or actual date of completion of this new construction? V .... I �� Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. DO NOT Write Below this line— Office Use Only Ft City, of Waterloo Building and Inspections Department Information: Permit Number: 001116 Date permit was issued: IU �q r 1 2 Total permits) valuation: J5 a,L CITY OF WATERLOO APPROVED DENIED BLACK 1-HAWK COUNTY ASSESSOR DATED: RESOLUTION NO: APPROVED DATED: DENIED T.I. Koenigsfeld Black Hawk County Assessor Page 26 of 647 Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. Page 27 ur47 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department AGENDA ITEM TITLE MEETING DATE June 3, 2024 Resolution approving the request of Tim Bedard for a waiver for an asphalt driveway located at 2529 Kate Street, with elimination of the sidewalk section. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Attached is a request for construction of an asphalt driveway with the elimination of the sidewalk section for asphalt driveways. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. NEIGHBORHOOD IMPACT This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 28 of 647 ALTERNATIVE ACTION LEGAL DESCRIPTION MARTIN HEIGHTS LOT 40 ATTACHMENTS 1. DW Waiver 2529 Kate St Page 29 of 647 WAIVER Date: Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a 45,-[ driveway or sidewalk located at (concrete e(sphalt (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: 1 agree to the following: Z. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 6. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. (Please make payment payable to: City of Waterloo.) Respectfully submitted, Printed Name of Property Owner Signature of Property Owner Page 30 of 647 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 June 3, 2024 AGENDA ITEM TITLE Resolution in support of an application by J & R Real Estate Holdings, LLC, for the Iowa Workforce Housing Tax Credit Program Application to the Iowa Economic Development Authority, to construct nineteen new residential units, located at 1729 Mulberry Street, including a potential for tax abatement of at least $1,000.00 per unit through the Consolidated Urban Revitalization Area tax abatement program upon substantial completion and project shall also receive $95,000.00, or $5,000.00 per housing unit created per the Infill Housing Program, upon receipt of certificate of occupancy. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Resolution of support would allow J & R Real Estate Holdings, LLC to apply for Workforce Housing Tax incentives through the Iowa Economic Development Authority. The proposed project would allow for 19 new apartment units at 1729 Mulberry Street. Council previously approved a letter of support, but the project has changed to be 19 appartement units, so a new letter of support is needed. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A (tax abatement) ALTERNATIVE ACTION Page 31 of 647 LEGAL DESCRIPTION The Easterly 30 feet of the Southerly 120 feet of Lot No. 1 in Block No. 4; Lot 7, except the North 51 feet of the East 95 feet thereof, and Lot 8, except that part thereof contained in the parcel depicted in Plat of Survey Doc. #2014-18424; all in Block 4 in Zollinger's Addition to Waterloo, Iowa. AND Lots 1, 2 and 3 in Block 5 in Alford's Addition to the City of Waterloo, Iowa. AND Lot 1 in Auditor's Plat number 8, Waterloo, Iowa, except that part thereof contained in the parcel depicted in Plat of Survey Doc. #2014-18424. AND Lot 13 through 26, inclusive in Auditor's Plat number 8, Waterloo, Iowa, except those parts thereof conveyed to the State of Iowa in 281 TLD 461. AND Beginning at the Northwest corner of Lot 15 in Auditor's Plat number 8, Waterloo, Iowa; thence West along the South line of Mulberry Street, a distance of 50 feet to the Northeast corner of Lot 14 of said addition; thence South a distance of 3 68 .6 feet to the Southeast corner of Lot 22 of said addition; thence East a distance of 50 feet to the Southwest corner of Lot 21 of said addition; thence North a distance of 367.9 feet to the point of beginning. ATTACHMENTS None Page 32 of 647 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Kelley Felchle, City Clerk June 3, 2024 City Clerk Department AGENDA ITEM TITLE Resolution approving eleven FY 25 Quarter 1 and Quarter 2 Event and Partner Hotel/Motel Tax Grants, in the amount of $74,000.00, as recommended by the Waterloo Convention and Visitors Bureau Board of Directors. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The Experience Waterloo board has reviewed 18 applications for funding in the Event Grant fund for Fiscal Year 2025 Q1/2, and has recommended funding 11 applications, resulting in a total recommended funding of $74,000. The total economic impact of the projects recommended for funding totals $5,597,819. The total ROI, if funded as recommended, would be $75.65 per dollar invested in these events. All of the recommended awarded events had an economic impact of nearly $100,000, with an average economic impact $691,000. Experience Waterloo calculates these projections utilizing an economic impact calculator developed for Destination Marketing Organizations by Destinations International and Oxford Economics. The figures are generated from both visitor and event organizer spending and were calculated using the figures available to us in the applications. Partner grants are awarded based off of budgets. The dollars allocated were limited, based off of the Hotel -Motel "Off the Top" adjustment. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 33 of 647 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Council Cover Sheet Event FY25 Q1 Q2 2. Grant Application Overview - FY25 Q1 Q2 for council Page 34 of 647 Council Communication City Council Meeting: TBD Prepared: 5/6/2024 Dept. Head Signature: Number of Attachments: 1 SUBJECT: Event & Partner Hotel -Motel Tax Grants FY25 Ql/Q2 Submitted by: Tavis Hall, Experience Waterloo Recommended City Council Action: Approve Experience Waterloo (CVB) board recommendation for funding in the Event/Capital Hotel -Motel Tax Grant funds for Q 1 /Q2 of FY25. Event & Capital Grant Summary Statement: The Experience Waterloo board has reviewed 18 applications for funding in the Event Grant fund for Fiscal Year 2025 Q1/2, and has recommended funding 11 applications, resulting in a total recommended funding of $74,000. The total economic impact of the projects recommended for funding totals $5,597,819. The total ROI, if funded as recommended, would be $75.65 per dollar invested in these events. All of the recommended awarded events had an economic impact of nearly $100,000, with an average economic impact $691,000. Experience Waterloo calculates these projections utilizing an economic impact calculator developed for Destination Marketing Organizations by Destinations International and Oxford Economics. The figures are generated from both visitor and event organizer spending and were calculated using the figures available to us in the applications. Partner grants are awarded based off of budgets. The dollars allocated were limited, based off of the Hotel -Motel "Off the Top" adjustment. Source of Funds: Hotel -motel tax grant funding for FY25 Policy Issue: None Alternative: Do not provide funding or provide alternate funding. Background Information: The Experience Waterloo Board reviewed all applications and scored based on the project's ability to meet the goals of the grant program: 1. Does the project have a significant economic impact / significantly enhance the visitor's experience in Waterloo? 2. Does the project strengthen the perceptions of Waterloo? 3. How important are grant dollars toward ensuring the success of the project? 4. Is the application clear, complete and thought-out? 5. Is the project new, or are there significant changes from previous years? Page 35 of 647 EVENT GRANTS - FY25 Q1 & Q2 Recomm. Request Project Cost Econ. Imp Event/Project Location The Battle of Waterloo Wrestling Tournament $13,000 $15,000 $50,000 $662,40A.Young Arena and the Dan Gable Museum GIBA Fall Classic $5,000 $6,000 $50,000 $200,194 Maple Lanes Iowa Environmental Health Association Fall Conference $1,000 $3,000 $3,000 $98,840 Waterloo Convention Center Cedar Valley Pridefest $6,000 $6,000 $149,000 $736,016 Jefferson and West 4th Streets .Midwest Youth Main Event Round 3 $5,000 $15,000 535 455 $248,061.Cadillac XB Fall Classic - IOMA Expo $10,000 $10,000 $45,000 $570,665 Waterloo Convention Center at Sullivan Plazza 25. Krajiski Teferic 10,000 $20,000 $50,000 $573,473 Waterloo Convention Center / CV Soccer Complex Alliance of National Heritage Area Meeting $1,000 $5,700 $47,850 $179,309 Waterloo Tragos Thresz Greco Roman Hall of Fame induction Ink $5,000 $10,000 $48,50257,204 Dan Gable Museum Iowa Irish Fest $15,000 $20,000 $750,000 $1,933,746 Downtown Waterloo, Iowa owa/USA Softball Men's E State Slow Pitch Championship 3,000 $3,000 10,750i37,902 2day event, second year with yr1 being successful TOTAL $74,000 $120,700 $1,243,805 $5,459,917 Recomm. ateligget Main Street Waterloo $7,000 $500k- Grout Museum District $20,000 $1m+ Waterloo Center for the Arts $20,000 $1m+ Dan Gable Museum $10,000 $500k-$1m Cedar Valley Arboretum $7,000 $500k - Waterloo Community Playhouse $10,000 $500k-$1m Page 36 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Mohammad Elahi, Traffic Operations Director Traffic Operations Department MEETING DATE June 3, 2024 AGENDA ITEM TITLE Resolution approving the installation of a speed hump in the 1000 block of Flammang Drive. RECOMMENDED COUNCIL ACTION Approve Resolution SUMMARY STATEMENT AND BACKGROUND INFORMATION A speed study was conducted. A speed hump is warranted. Flammang is classified as a local street. This speed hump will be installed next year pending the Engineering Department's resurfacing project. NEIGHBORHOOD IMPACT Reduce speeds at the location and improve safety. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Operating Budget ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 37 of 647 Page 38 of 647 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE June 3, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as June 17, 2024, in conjunction with the FY 2023 Hammond Avenue Bridge Replacement Project, Contract No. 922, IDOT Project No. BROS- 8155(759)--8J-07, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Iowa Department of Transportation bid opening will be June 18, 2024. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 39 of 647 Page 40 of 647 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 June 3, 2024 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as June 20, 2024, and date of public hearing as July 1, 2024, in conjunction with Asbestos Abatement Services Contract No. AB-2024-06-01 P, for property located at 123 E. Parker Street, former Saint Mary's Villa (rebid). RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The above -mentioned property was acquired through Iowa Code 657A, and is being abated of asbestos in preparation for demolition. NEIGHBORHOOD IMPACT Action is in preparation for the demolition of the dilapidated structure, which will have a positive impact on the surrounding neighborhoods. DATA, ANALYSIS, AND STRATEGIES Nuisance Abatement and Economic Development, policy 1, 3 and 4. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Estimate: $150,000. To be paid from Community Development HUD funds and/or TIF funds. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 41 of 647 ATTACHMENTS 1 RFB Asbestos Abatement Services Contract AB-2024-06-01 P rebid 2. Exhibit B Survey Report 123 E Parker St (Villa) 3. Exhibit C Asbestos Abatement Services Contract AB-2024-06-01 P rebid 4. Notice Asbestos Abatement Services Contract AB-2023-06-01 P rebid Page 42 of 647 CITY OF WATERLOO, IOWA Request for Bid ASBESTOS ABATEMENT SERVICES June 2024 Rebid RFB Asbestos Abatement Services Contract AB-2024-06-01 P 123 E Parker St (former Saint Mary's Villa) City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 43 of 647 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for asbestos abatement services Contract AB- 2024-06-01P — 123 East Parker Street (former Saint Mary's Villa). All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday June 20, 2024, at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container should be marked as noted below, and include the name of the company submitting the bid. 1.1 RFB Timeline Name of the Bid: Notice of RFB Date: Mandatory Walk Thru: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: E-mail Address: Phone: Asbestos Abatement Services Contract AB-2024-05-01 P June 4, 2024 There will not be a mandatory walk thru. Bidders are advised/encouraged to make their own inspections prior to bid submittal. See Section 4.5 for additional details. Thursday June 20, 2024, at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR ASBESTOS ABATEMENT SERVICES CONTRACT AB-2024-06-01 P City of Waterloo City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Aric Schroeder, City Planner/Project Manager (City's Representative) aric.schroeder@waterloo-ia.org Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed ninety (90) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFB RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-06-01P (rebid): 123 E Parker St (former Saint Mary's Villa) Page 2 of 9 Page 44 of 647 file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4 Bids will be opened on Thursday June 20, 2024, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's YouTube Channel. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the award. The awarding of the contract could be as early as the City Council meeting on Monday July 1, 2024, at 5:30 p.m. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of ninety (90) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the proposal evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage is required. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-06-01P (rebid): 123 E Parker St (former Saint Mary's Villa) Page 3 of 9 Page 45 of 647 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for approximately two (2) months anticipated to begin July 1, 2024, to September 3, 2024. 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-06-01P (rebid): 123 E Parker St (former Saint Mary's Villa) Page 4 of 9 Page 46 of 647 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and be submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.4 All work is to be done in strict compliance with this RFB. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 123 East Parker Street (former Saint Mary's Villa). 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Bidder shall be responsible to familiarize itself with the specifications included in this RFB and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-06-01P (rebid): 123 E Parker St (former Saint Mary's Villa) Page 5 of 9 Page 47 of 647 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos surveys included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the asbestos abatement project. 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFB. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within the Contract Term (anticipated to be September 3rd). If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 4.5 A mandatory walkthrough will not be required, but bidders are advised/encouraged to make their own inspections prior to bid submittal. The Planning Department is not in possession of a key to the property. The property is partially boarded up and may require a cordless drill with various bits to remove boards to provide access. Please re -install any boards you remove to attempt to maintain security. Please Note: The property is in very poor condition, and may require careful methods (such as an extension ladder) to reach basements or upper levels. RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-06-01P (rebid): 123 E Parker St (former Saint Mary's Villa) Page 6 of 9 Page 48 of 647 SECTION V GENERAL TERMS AND CONDITIONS 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/ OFFEROR - 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. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. 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. 6. 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. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation 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 this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. 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. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice and all necessary supporting documentation. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award 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. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-06-01P (rebid): 123 E Parker St (former Saint Mary's Villa) Page 7 of 9 Page 49 of 647 otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. 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. 19. 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 recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its 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. RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-06-01P (rebid): 123 E Parker St (former Saint Mary's Villa) Page 8 of 9 Page 50 of 647 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. 123 East Parker Street (former Saint Mary's Villa) (Rebid) Total "lump sum" bid: $ Total bid in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of ninety (90) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-06-01P (rebid): 123 E Parker St (former Saint Mary's Villa) Page 9 of 9 Page 51 of 647 123 E. Parker Waterloo, IA St. Mary's Villa Asbestos NESHAP Inspection Prior to Demolition for Asbestos City of Waterloo: Chris Western September 2020 at 123 E. Parker Waterloo, IA Our Project # 20-841-03 by: Asbestos Inspections, Testing and Training, Inc. 123 E. Grand Street Monticello, IA 52310 Phone: 319 465-5555 Fax: 319 465-3104 Email: asbestos121@gmail.com Page 52 of 647 Executive Summary For: Chris Western City of Waterloo 715 Mulberry Street Waterloo, IA 50703 For: St. Mary's Villa 123 E. Parker Waterloo, IA 50703 Asbestos Survey and Cost An inspection prior to demolition was requested to satisfy the federal NESHAP (National Emission Standard for Hazardous Air Pollutants) 40 CFR Part 61, Sub part M. A thorough inspection was performed according to minimum A.H.E.R.A., protocol. The following asbestos containing materials were identified at the following location. Please note that asbestos -containing materials that may become regulated (RACM) must be removed, prior to demolition/renovation activities that may disturb those materials. All measurements are approximate. Verify. Area Location Material Quantity Category Condition Cost to Remove Entry N With mastic -throughout entire bldg.. All floor tile and mastic Floor tile Mastic 15,146 sq. ft. 3 'Z Rear Entry Under wood parquet tile Mastic Inc. above 3 .3 Room On joints of heat pipes Mud joints 601 approx. 3 Room 110 Ceiling (15' floor) & basement Spray on (Approx.) 10,136 sq. ft. 2 Roof Top Floor BUR, flashing, blackjack 5,248 sq. ft. 1. Not boiler room 2. Not 2" floor- No spray on ADDN I [322] 2s 76 ❑ ]. 40 m 23 BLOC 1 88 36 [4326] 23 40 13 5 Total: $ cf CANOPY 1200] AODN 2 (65] Page 53 of 647 Narrative of Inspection An inspection of the above facility was performed on 9-14-20 The inspection was performed at the request of Chris Western who directed the inspector as to what was to be inspected. The inspection was a: f Full inspection is to satisfy a "demolition" activity under NESHAP and IAC. LI Partial Inspection is to satisfy NESHAP's requirement for "renovation only" or for "partial demolition", not for a full building inspection. Notice: This estimate and scope of work does not include air monitoring (before, during and after the project- 3rd party) (General Notes & Recommendations) 1) Destructive sampling techniques were not used to gain access above ceilings, below floors, or into walls. A representative number of samples were collected from suspect asbestos containing building materials. 2) Materials similar in appearance, color or texture to those determined to contain asbestos must be assumed to contain asbestos throughout this building whether listed by room or location or not listed but later found. 3) Be advised that the EPA recommends that point count analysis must be performed on floor tile that is determined to be non -asbestos by standard Polarized Light Microscopy (they may also accept the Chatfield method of analysis) (Due to false negatives). 4) Always give IDNR at least 10 working days Notice prior to demolition activities and have Demo Contractor give the Notice for demolition activities (not the owner). 5) Do not start the day before or the day after date of demolition (most common violation). 6) Hidden , obscure, or found materials, must be treated as asbestos unless listed in the bulk sample inventory herein. Call if you are not sure about any material. 7) Interpretation of NESHAP has expanded over the years. We will be happy to resample "new" suspect materials at our regular rate shall the issue arise. 8) Remove all ACM that may become RACM prior to demolition/renovation. The above materials usually qualify as RACM. 9) Point Counting (a method of analysis) which costs additional, may be used to eliminate ACM that is 10% or less. There appears to be no pattern on what point counts out; it is however, by law, the final answer to the question is the material asbestos? Point Counting is required for all results 5.1% to exclude them. Or you may assume that the material is asbestos and remove it. That is the owner's call. If you have any questions about retesting and Point Counting ask the inspector for more information. Yes, it is complicated) 10) Removal of PCB's in ballasts and mercury in fluorescent lite tubes is required by the RCRA federal laws which apply to public, commercial demolition 11) single family to 4-plexes but greater). Region VII EPA may be contacted for further information at: 915 551-7602, Mr. Larry Hacker, Administrator. INSPECTOR'S NOTES: 1. To clear this building, all floors must be clean as a whistle. No junk or debris on floor. Consider before bidding. 2. Lot of "stuff" to remove on pre -clean. 3. Lots of carpet to remove before the floor tile and mastic. 4. Mud joints on heating system. Above ceilings in basement and 15t floor. Remove ceilings to access. Page 54 of 647 u ❑ uJ w ❑ k fa 7 ._. C ❑ a fa cr CJ ❑ 6 . C T r -c a .N o a ° u fze a a N Esc in Cr I CJ Ca 7 C n u o ' Z C T Q a Z ufa F- Z ce r 0 a6 I" p z 0 fnu, am VI 11) vi cI a ,n Z O + i 4, T aco fa m /, UJ 0 N Z2 N OWCO "{ Le) w Q tember 10.2020 N r. x ua N 0 waa a N N a `p a O C O Q tn C] a (Home Owner) -a a Building Name 123 E. Parker Street Ca LL a 0 0 r a m O 0 0 p fa I- V/ ACM NAD NAD Tile-7% Chrysotile Mastic-7% Chrysotile Tile-7% Chrysotile Mastic-7% Chrysotile 7% Chrysotile 7% Chrysotile NAD NAD NAD 0 .0 U o c N NAD c' d Z m �., 0 o .0 U o M NAD NAD 30% Chrys. 10% Amosite NAD NAD NAD NAD Q z NAD NAD 20% Chrysotile Homo Unit No. D C1) SU1 SU(a) al — -�rr C. RI �N+ �Nr M -?' S U 1 T1 M5 SU2 •`cO+ G T2? r) �" H Vl H T2 ] fi) SU2 M7 00 ON .G SUl Location r Wall directly across where From water damaged wall With mastic -on steps up ............ With mastic -throughout entire bldg.. LUnder floor tile -entry Under wood parquet tile 3 71 00 al a) 'a Through entire basement' Heavy spray on all bsmt. ceilings 5/8" on part of ceiling Heat lines -all cellulose All basement runs To rear of boiler On heat pipes On joints of heat pipes Ceiling of boiler room Ceiling of Room Bl Near carpet -throughout 3 floors On double hung windows throughout Laying on floor Walls of office Ceiling of office /rectory -it appears to be Nun's house. The school is 127 Parker St. and is not in this packet. Lot's of clutter. Roof bad, several lavers. Bsmt. rooms are suraved le a 0 U ff) M M M M M M M M f47 M M M fn i C7 M M fn '- '- -- -- ,--. Homo or Het i xx i 0 = a = a ==xxxxxxxx;xxxxX m a) a) a) a a) ID a a) a) a a) a a) a) x a xxx a) LT, �,,, Z ozz La.. Lz.. LT., Z Lz. Z Lz, ZZZZZZZZL;Z Lz. C.I. LI. LI. r,s. U.. CLL. LI., GI. I ZLI.ZZZ G.L. Lt. Li, Li, Z Li. ZZZ Lt. L.L. Description Small sand -like .............----- Sand plaster 9x9 dark splotchy Mastic 9x9 lighter tile Mastic Black mastic Black mastic, heavy Sand like spray Patched paper Ant tracks and pins Thicker painted Ceiling DW in places Packed paper Joint plaster on PW Gasket -boiler Wools felt Joint Plaster White, hard White fibered Brown with Yellow Mastic White, hard Fibered chalk board Sandy look Fibered-sandy a ate) Ca Spray on Base plaster c � 0 Ca CL Floor tile Mastic Mastic Mastic Spray on Pipe insulation SCT as L. i/] CL ..... 3 Q O m =� o Insulation 7.O CA Insulation Plaster ;) c etZ1 F. U Ca as N cl Board Spray on Spray on Room or Area I I zz W LU Entry N. Entry N. Entry N. 0, c v I --mom Ca o f4 0 fx 0 Room B1 Room B2 Room B2 Room B2 Room B3 Boiler Room Blank Intentionally B3 Room B3 Room B3 Room om _� CQ o f1 Room B 1 0 2 B 1-office B 1-office N Ca v) 0909 -20-01 Bag 1 0909 -20-02 Bag 1 0909 -20-03 Bag 1 0909 -20-04 Bag 1 0909 -20-05 Bag 1 0909 -20-06 Bag 1 as N O O N 0' 0, 0 l 0909 -20-08 Bag 1 0909 -20-09 Bag 1 0909 -20-10 Bag 1 0909 -20-11 Bag 1 0 N C? fV Ot 0 0 0909 -20-13 Bag 1 0909 -20-14 Bag 1 0909 -20-15 Bag 1 0909 -20-16 Bag 1 0909 -20-17 Bag 1 w 00 O N CA 0+ 0 0909 -20-19 Bag 1 CO O N O N a, 0 o4) as �) Q N O* ON 0 -, r0 N N 0 N Q\ rn 0 0909 -20-23 Bag 1 CO d- N d N O* rn 0 Notes: Listed as school n between tl Lt. 4) m a) ID fn ID Bold Text means material contains Asbestos "`NAD= No Asbestos Detected 3=Significantly Damaged Condition: 1=Good Page 55 of 647 ASBESTOS BULK SAMPLE INVENTORY CONTINUED U e Tile-NAD Mastic-NAD NAD NAD NAD NAD NAD NAD NAD z Tile-NAD Mastic-7% Chrysotile Tile-NAD Mastic-7% Chrysotile NAD NAD Tile-NAD Mastic-7% Chrysotile NAD NAD z 20% Chrysotile 20% Chrysotile NAD Tile-7% Chrysotile Mastic-7% Chrysotile NAD NAD zz NAD NAD NAD a' .o F U en 15% Chrysotile Tile- 7% Chrysotile Mastic-7% Chrysotile 15% Chrysotile NAD NAD NAD NAD NAD Homo Unit No. O O .- _ N r1 M14 M14(a) in M17 M17(a) 1• T7 00 S112 I SU2 oo 0 O, O M21 N M23 M23(a) M24 M25 M26 M27 M27(a) M26 co M29 O p o = 0 Floor of B4 4. 0 0 Sand plaster DW/mud on ceiling On front of fireplace Wall of bath o o O N k o 1 0 O 0 High on wall -over door Inside metal jacket Floor of room B14 o c 71 0 > Nat. Gas forced on-vib, cloth Inside furnace & ducts Ceiling of room 110 Ceiling of room 115 Wall of room IF Floor of room 212 Black Mastic Walls of room 205 Walls of room 214 Paper on fiberglass only White granite Orange Mastic Felt used on roof Bitumen on felt On roof protrusions On gray tile in Patches on roof In place of brick Lots of panels Parking lot as debris •0 0 0 V N N N hi N N N N N N N N N N N N N N N N N N N N N N N N N N N N Homo or Het ti a) N a) L 4) !U 0 N 4l ra 4% W a) Cd dI y CJ y y y Het o V �.4 N 0 HOMO HOMO 0 HOMO__ HOMO Z. o Li. Z Ll. Z G..Z L.I. L,.. z G. ZZ 1 . U. z Li. Z[.z C.I. Li. z.z L.L. Li. zzzzz fs. LL [t. S . LL Z Li. z LT. z LL. z Lt. z LsI, zZ C.T. LL. z Ls.. Z L4 LL, Z Z 1.4 Z G. Z IL. Z c • v G 12" Gray Black mastic 12" Gray Black mastic On walls, ceiling On corner of Gray Black mortar Heavy cover-WP White/gray Black mastic Brownish cream 12" Black mastic %s" gypsum board 0 . o � O o M Dark brown Black mastic v > On furnace joints Furnace insulation "0 :� a�i X Heavy painted ofU c u ° Dk. brown wilt. brown splotches y o. a . y o. w � 00 .b i.s. White on ceramic tile wu 0 inG Black bitumen with felt Gray look, hard Gray tile Black mastic u m - i L7 QC Cement panels Windows and door Around cement panels In plastic bag Cd L C0 ,_ O ca Floor tile Mastic E v)a2 Mortar 0. �wc 0 Floor tile Mastic = �' ❑ Insulation Floor tile Mastic —_ �'.° A, 0 ccA 0 L. Spray on I .K 0... Floor tile Mastic .1 a,a.. .G Insulation 2 0 C72w 'J Felt -bitumen 71 4, ear'.2ao ,W O 0 0 ,t . . 3a.L“._i Debris Room or Area 5 a; 04 P C4 M F• 1 CO N O o W 4-1I 0 m al B9-Rm y .N., . GG B10-Rrn Ca 04 0 14 U W U co © I.. D ii in ._, .. co CC Roof 1 F Room 212 vi O N a, Room 214 Room 215 Room 227 Room 233 Room 233 en N N D CG Room 233 Room 233 N hl '. hl O p O Ix L.0 D .� Ltl O y La.) Exterior Sample # 0909 -20-25 Bag 1 0909 -20-26 Bag 1 0909 -20-27 Bag 1 0909 -20-28 Bag 1 0909 -20-29 Bag 1 0909 -20-30 Bag 1 0909 -20-3I Bag 1 0909 -20-32 Bag 1 0909 -20-33 Bag 1 0909 -20-34 Bag 1 0909 -20-35 Bag 1 0909 -20-36 Bag 1 0909 -20-37 Bag 1 0909 -20-38 Bag l 0909 -20-39 Bag 2 0909 -20-40 Bag 2 0909 -20-41 Bag 2 0909 -20-42 Bag 2 ----------- 0909 -20-43 Bag 2 N 0 0 hl a. O Q, O 0909 -20-45 Bag 2 0909 -20-46 Bag 2 [ 0909 -20-47 Bag 2 0909 -20-48 Bag 2 0909 -20-49 Bag 2 0909 -20-50 Bag 2 N 1a I 0 N V, O IS O 0909 -20-52 Bag 2 0909 -20-53 Bag 2 0909 -20-54 Bag 2 0909 -20-55 Bag 2 N 0 0 N a+ C7 o, p 0 0 a 0 0 0 a1 E Q1 i0 -0 0 0 u a 0 0 n 0 v 0 N 0 0 Bold Text means material contains Asbestos NAD= No Asbestos Detecte 0 u to V/ o I)0 ao to ra C 0 N u O C II V) m 0 ▪ a O ▪ cd (0 v ra fa 3 0 00 4- N O 0 "d N O y0� Z V Page 56 of 647 EXHIBIT "C" ASBESTOS ABATEMENT SERVICES CONTRACT #AB-2024-06-01P 123 East Parker Street (former Saint Mary's Villa) (rebid) This Contract for Asbestos Abatement Services (the "Contract") is entered into as of July 1, 2024, by and between the City of Waterloo, Iowa ("City") and . In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of July 1, 2024 thru September 3, 2024, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFB response. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and the Contractor has been issued a Notice to Page 57 of 647 Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within the term of the Contract. 4. Performance Bond. Not required for this Contract. 4.1 Payment Bond. Not required for this Contract. 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record -retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City, and any other agency of state or federal government. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Reserved. 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: 2 Page 58 of 647 a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws 3 Page 59 of 647 of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. This Contract is also subject to the following additional Contract requirements: Certifications: By execution of this Agreement, the Contractor certifies that all contractors, subcontractors, and/or eligible suppliers to be used on the Project are eligible to participate in the federal Community Development Block Grant Program, and that they are not on any debarred, suspended, or ineligible list. Domestic Preference for Procurement As appropriate and to the extent consistent with law, the non-federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The requirements of this section must be included in all sub awards including all contracts and purchase orders for work or products under this award. PERSONNEL AND PARTICIPANT CONDITIONS Civil Rights Compliance The Contractor agrees to comply with Chapter 216 (State Civil Rights) of the Iowa Code and with Title VI of the Civil Rights Act of 1962 as amended Title VIII of the Civil Rights act of 1968 as amended, Section 104 (b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Order 11375, 11478,12107,and 12086. 4 Page 60 of 647 Nondiscrimination The Contractor agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations and executive orders reference in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non- discrimination provisions in Section 109 of the HCDA are still applicable. Section 504 The Contractor agrees to comply with all Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973. (29 U.S.C. 794) which prohibits discrimination against individuals with disabilities or handicaps in a federally assisted program. The Contractor confirms that no otherwise qualified individual with handicaps shall, solely by reason of his/her handicap, be excused from participation in, be denied benefits of or be subjected to discrimination. This does include, but is not limited to, housing, employment and the delivery of services and programs. Affirmative Action Affirmative Action Plan The Contractor agrees that it shall be committed to carry out affirmative action marketing in keeping with the principles as provided in Presidents Executive Order 11246 of September 24, 1966. No person shall be excluded from or denied benefits of the Contractors service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however be in need of the programs provided by the Contractor. The Contractor shall comply with requirements set forth in 24 CFR 570.601. Women and Minority Owned Business Based (WBE/MBE) The Contractor will use its best efforts to afford small businesses, minority business enterprises and women's business enterprises the maximum practicable opportunity to participate in the performance of the Agreement. As used in this contract , the terms small business means a business that meets the criteria set forth in section 3(a) of the Small Business Act , as amended ( 15 U.S.C. 632) and minority and women's business enterprise means a business at least 51% owned and controlled by a minority group or women. Equal Opportunity and Affirmative Action Statement The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that it is an Equal Opportunity or Affirmative Action employer. 5 Page 61 of 647 Subcontract Provisions The Contractor will include the provisions of Civil Rights and Affirmative Action in every sub contract, so that such provisions will be binding upon each of its own sub -contractors. Employment Restrictions Prohibited Activity The Contractor is prohibited from using funds proved herein or personnel employed in the administration of the program for political activities; inherently religious activities; lobbying; political patronage or nepotism activities. Labor Standards The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state, and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Contractor agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR 5. The Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. The Contractor agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation, or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Depaitiuent of Labor, under 29 CFR 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. Section 3 Clause Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract shall be a condition of the Federal financial assistance provided under this contract and binding upon the City, the Contractor and any of the Contractors subcontractors. Failure to fulfill these requirements shall subject the City, the Contractor, and any of the Contractor's subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The 6 Page 62 of 647 Contractor certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Contractor further agrees to comply with these Section 3 requirements and to include the following language in all subcontracts executed under this Agreement: The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low - and very low-income persons residing in the metropolitan area in which the project is located. The Contractor further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low - and very low-income participants in other HUD programs. The Contractor certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. Subcontracts The Contractor will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the City. The Contractor will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Conduct Assignability The Contractor shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without consent shall be void. This 7 Page 63 of 647 Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Hatch Act The Contractor agrees that no funds provided, nor personnel employed under this Agreement, shall in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. Conflict of Interest The Contractor agrees to abide by the provisions of 2 CFR 200 and 570.611, which include (but are not limited to) the following: The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees, or agents engaged in the award and administration of contracts supported by Federal funds. No employee, officer, or agent of the Contractor shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the City, the Contractor, or any designated public agency. Lobbying The Contractor hereby certifies that: No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise therefrom. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with review, approval, or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Agreement, while in office and for one year after holding the position. No federal funds appropriated under this Agreement shall be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence a member of Congress an 8 Page 64 of 647 officer or employee of Congress or any federal agency in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract , loan, grant or Agreement Copyright If this agreement results in any copyrightable material or inventions, the City reserves the right to royalty- free, nonexclusive and irrevocable license to reproduce, publish, or other wise use and to authorize others to use, the work or materials for governmental purposes. Religious Activities The Contractor agrees that funds provided under this Agreement will not utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction or proselytization. ENVIRONMENTAL CONDITIONS Air and Water The Contractor agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: Clean Air Act, 42 U.S.C., 7401, et seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; Environmental Protection Agency (EPA) regulations pursuant to 40 CFR 50, as amended. Lead -Based Paint The Contractor shall comply with requirements of the Federal regulations concerning the Lead - Based Paint Poisoning Prevention Act and HUD regulations there under: Department of Housing and Urban Development (24 CFR Part 35) Requirements for Notification, Evaluation and Reduction of Lead -Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance, and Environmental Protection Agency (40 CFR Part 745) Lead; Requirements for Hazard Education before Renovation of Target Housing. Historic Preservation The Contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. 9 Page 65 of 647 In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. Failure to complete Historic Preservation Review prior to any choice limiting actions on the project will result in the project being ineligible for reimbursement. Environmental Review The Contractor shall comply with all applicable environmental review requirements of HUD. The City shall prepare and submit the environmental review. Upon completion of the review the Contractor will be notified when the project may proceed. Failure to complete an Environmental Review prior to any choice limiting actions on the project will result in the project being ineligible for reimbursement. SEVERABILITY If one or more of the provisions contained in this Agreement are held to be invalid, illegal or unenforceable, the provisions of this Agreement shall be deemed severable and the remainder of the Agreement shall remain in full force and effect. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP The City shall not be liable to the Contractor, or to any party, for completion of or failure to complete any improvements which are part of the Project. Nothing contained in this Agreement, nor any act or omission of the City or the Contractor, shall be construed to create any special duty, relationship, third -party beneficiary, respondent superior, limited or general partnership, joint venture, or any association by reason of the Contractor involvement with the City. RESPONSIBILITY FOR PROGRAM REGULATIONS The Contractor is responsible for all regulations contained in 24 CFR Part 570 as it may be amended from time to time. The City shall attempt to forward copies of the updated regulations as they become available, however, the Contractor shall be ultimately responsible for securing said updates. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. 10 Page 66 of 647 CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk 11 Page 67 of 647 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, For Asbestos Abatement Services, Contract AB-2024-06-01P for property located at 123 East Parker Street (former Saint Mary's Villa) RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at City Hall, 715 Mulberry Street, Waterloo, Iowa, no later than 1:00 p.m., Thursday, June 20, 2024, for Asbestos Abatement Services, Contract AB-2024-06-01P, for property located at 123 East Parker Street (former Saint Mary's Villa), as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the Harold E. Getty Council Chambers in City Hall of said City, on the 20th day of June, 2024 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The bid opening will be livestreamed on YouTube and made available on the city website. PUBLIC HEARING A public hearing will be held on the 1' day of July, 2024 at 5:30 p.m. in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the proposed plans, specifications, and form of contract, for Asbestos Abatement Services, Contract AB-2024-06-01P, for property located at 123 East Parker Street (Saint Mary's Villa). The proposed plans, specifications, and form of contract for said project are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting set forth above. 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. SCOPE OF WORK A. All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. B. Remove ACM as identified in the asbestos surveys included as Exhibit "B". C. Document amounts of ACM removed from each structure. D. Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. Page 68 of 647 E. At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. F. Provide other services as requested by the City as may be necessary to implement the asbestos abatement project. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of June, 2024. Kelley Felchle, City Clerk CITY OF WATERLOO, IOWA Page 69 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Finance Department June 3, 2024 AGENDA ITEM TITLE Resolution approving a three-year engagement letter with Creative Planning Business Services of Des Moines, IA, in the total amount of $1,575.00 over the three years, in conjunction with the PlainSight Fraud Hotline services provided with the approved audit proposal with BerganKDV, and authorizing the Finance Director said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Our Auditors from BerganKDV included PlainSight in their audit proposal. This engagement letter starts the three years of the agreement for PlainSight, an anonymous fraud hotline. As part of their services provided, the City of Waterloo employees will have access to PlainSight to speak up when they witness suspicious or potentially fraudulent activity. PlainSight is a great fraud risk mitigation tool, it is easily accessible, and it is a completely anonymous fraud reporting hotline. The first year's cost is no charge, year two is $525.00 (50% off), and year three is $1,050.00. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 70 of 647 ATTACHMENTS 1. Engagement Letter - PlainSight - City of Waterloo Page 71 of 647 C CREATIVE PLANNING' May 21, 2024 Ms. Bridgett Wood, Finance Director City of Waterloo 715 Mulberry Street Waterloo, IA 50703 This letter is to confirm and summarize our understanding of the terms and objectives of our engagement and the nature and limitations of the services we will provide. Summary of Engagement Terms: Scope of services we currently expect to provide: PlainSight Fraud Hotline Creative Planning Business Services will provide PlainSight, an accessible and anonymous reporting hotline, for the subscriber's employees and other interested parties, such as owners, board members, vendors, or customers, to submit information they are aware of regarding any potentially fraudulent activity within the subscriber's organization. The PlainSight subscription fee covers the availability of the PlainSight web and phone applications for users and the subscribing organization's select administrators, on -demand employee training for how to use PlainSight, and materials that can be used to inform employees of the availability of PlainSight. Services that are not included in the scope of this engagement: Communication to Your Employees Unless otherwise provided in writing in a supplemental engagement letter, Creative Planning Business Services will not be responsible for communicating the availability of PlainSight with employees, owners, board members, and others. Investigation Services Unless otherwise provided in writing in a supplemental engagement letter, Creative Planning Business Services will not, and has no obligation to investigate, validate, verify, or perform any other services with respect to any information received from users. Verify Information Received Creative Planning Business Services is not responsible for and will take no action to address the subject matter of the information received through PlainSight, nor will they ensure the information is accurate, reliable, complete, or valid. The subscriber maintains full responsibility for reviewing and authenticating the information, deciding next steps regarding whether an investigation should be conducted, and acting or not acting on the information received through PlainSight. 866-CREATIVE I CREATIVEPLANNING.COM Page 72 of 647 C CREATIVE PLANNING`' BUSINESS SERVICES Responding to Legal Inquiries and Subpoenas • You are responsible for retaining information received through PlainSight and for responding to any legal inquiries or subpoenas for information arising from the information submitted in PlainSight. Opt-Out/Termination: Creative Planning Business Services reserves the right to refuse or suspend all services under this agreement in the event you have failed to pay any invoice within forty-five (45) days of said invoice date, whether it be an invoice for services provided by Creative Planning Business Services under this agreement or any other agreement between the parties. You may terminate without cause upon a sixty (60) day notice. In the event of early termination by you, you will pay for all services performed up to the time of termination. Creative Planning Business Services can terminate this agreement for any reason, in its sole and absolute discretion on at least sixty (60) days' notice. Fees and Payment: Your subscription fee for the first year is complimentary. The annual subscription fee for PlainSight after the complimentary year is $525 (50% off) for year two and $1,050 for year three. The one-time implementation fee upon subscribing to PlainSight has been waived. Unless terminated as provided herein, this agreement will remain in effect for a period of twelve (12) months. The term will be automatically extended for successive twelve (12) month terms each year and an invoice will be sent to you unless terminated by you by written notice delivered to Creative Planning at least sixty (60) days prior to the end of the then existing term. We appreciate the opportunity to be of service to you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please acknowledge your acceptance by signing and returning it to us. I have read and I agree to the summary of engagement terms listed above. Sincerely, Creative Planning Business Services Michael Bost CPA, CFE Acknowledged by: Signature Title 866-CREATIVE I CREATIVEPLANNING.COM Page 73 of 647 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 June 3, 2024 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as June 6, 2024, and date of public hearing as June 17, 2024, in conjunction with Asbestos Abatement Services Project, Contract No. AB-2024-05-00P, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The properties in question were acquired by the City, and three are owned by the Waterloo Development Corporation (WDC) and will be abated by the City through a Project Funding Agreement with WDC, where WDC agrees to pay the City for our costs associated with the project, and agrees to indemnify and hold the City harmless. City of Waterloo properties include 708 W 3rd Street, 324-326 W 7th Street, 617 W 1st Street, 200 E Mullan Avenue, and 1202 Sycamore Street. WDC properties include 100 Commercial Street, 118 Sycamore Street, and 128 Sycamore Street. The properties are being abated of asbestos in preparation of demolition. NEIGHBORHOOD IMPACT The action is in preparation for demolition, which will remove blighted buildings in several neighborhoods. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Estimate: TBD. To be paid from Nuisance Abatement bonds and/or TIF funds, with WDC property expenses reimbursed by WDC. Page 74 of 647 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. RFB Asbestos Abatement Services Contract AB-2024-05-08P 2. Exhibit B part 1 Survey Reports 3. Exhibit B part 2 Survey Reports 4. Exhibit C Asbestos Abatement Services Contract AB-2024-05-08P 5. Addenda Number 1 to RFB Asbestos Abatement Services Contract AB-2024-05-08P 6. Addenda Number 2 to RFB Asbestos Abatement Services Contract AB-2024-05-08P 7. Sign In Sheet for Mandatory Walk Through 118 Sycamore St Page 75 of 647 CITY OF WATERLOO, IOWA OF WA TF V rt/// op a fill O Request for Bid ASBESTOS ABATEMENT SERVICES May 2024 RFB Asbestos Abatement Services Contract AB-2024-05-08P 708 W. 3rd St, 324-326 W. 7th St, 617 W. 1st St, 200 E. Mullan Av, and 1202 Sycamore St (City owned properties), and 100 Commercial St, 118 Sycamore St, and 128 Sycamore St (WDC owned properties) City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 76 of 647 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for asbestos abatement services Contract AB- 2024-05-08P — 708 W. 3' St, 324-326 W. 7th St, 617 W. 1st St, 200 E. Mullan Av, and 1202 Sycamore St (City owned properties), as well as 100 Commercial St, 118 Sycamore St, and 128 Sycamore St (WDC owned properties). All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday May 23, 2024 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container should be marked as noted below, and include the name of the company submitting the bid. 1.1 RFB Timeline Name of the Bid: Notice of RFB Date: Mandatory Walk Thru: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: E-mail Address: Phone: Asbestos Abatement Services Contract AB-2024-05-08P May 3, 2024 There will be a mandatory walk thru for 118 Sycamore St on Thursday, May 9, 2024 at 1:00 p.m. Bidders that do not have a representative in attendance at this walk thru are NOT eligible to bid on this contract. There will not be a mandatory walk thru for all other properties, and bidders are advised/encouraged to make their own inspections prior to bid submittal. See Section 4.5 for additional details. Thursday, May 23, 2024 at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR ASBESTOS ABATEMENT SERVICES CONTRACT AB-2024-05-08P City of Waterloo City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Aric Schroeder, City Planner/Project Manager (City's Representative) aric.schroeder@waterloo-ia.org Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-05-08P Page 2 of 10 Page 77 of 647 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4 Bids will be opened on Thursday May 23, 2024, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's YouTube Channel. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the award. The awarding of the contract could be as early as the City Council meeting on Monday June 3, 2024 at 5:30 p.m. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the proposal evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage is required. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo and Waterloo Development Corporation as additional insured. 2.2 A bid guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-05-08P Page 3 of 10 Page 78 of 647 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for approximately three (3) months anticipated to begin June 3, 2024, to August 5, 2024. 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-05-08P Page 4 of 10 Page 79 of 647 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and be submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.4 All work is to be done in strict compliance with this RFB. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 708 W. 3rd St, 324-326 W. 7t' St, 617 W. lst St, 200 E. Mullan Av, and 1202 Sycamore St (City owned properties), as well as 100 Commercial St, 118 Sycamore St, and 128 Sycamore St (WDC owned properties). The City of Waterloo is working jointly with the Waterloo Development Corporation (WDC) to complete asbestos abatement work on the three noted properties owned by WDC. The City has a separate agreement with WDC to provide the authorization for the City to proceed with the work. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Bidder shall be responsible to familiarize itself with the RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-05-08P Page 5 of 10 Page 80 of 647 specifications included in this RFB and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos surveys included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager upon request. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the asbestos abatement project. 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 The contractor that conducted asbestos surveys is eligible to perform asbestos abatement on the same properties, and therefore is eligible to bid on this RFB. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within the Contract Term (anticipated to be September 15). If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 4.5 A mandatory walkthrough will be required for 118 Sycamore St on Thursday, May 9, 2024 at 1:00 p.m. Bidders that do not have a representative in attendance at this walk thru are NOT eligible to bid on this contract. 118 Sycamore has a sizable hole in the floor in one section and it is anticipated that this portion of the building may have to be demolished as a RACM demo, but it is anticipated that the other sections of the building will be able to be abated, and then demolished as non-RACM. This will be further reviewed and discussed at the RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-05-08P Page 6 of 10 Page 81 of 647 mandatory walkthrough, and it is anticipated that an addendum will be issued to clarify what will be expected for abatement of this property. There will not be a mandatory walk thru for all other properties, and bidders are advised/encouraged to make their own inspections prior to bid submittal. The Planning Department is in possession of a key for 100 Commercial St, 118 Sycamore St, and 128 Sycamore St, but does not have a key for the other properties. The other properties are partially boarded up and may require a cordless drill with various bits to remove boards to provide access. Please re -install any boards you remove to attempt to maintain security. Please Note: Some of the properties are in very poor condition, and may require careful methods (such as an extension ladder) to reach basements or upper levels. Use caution when entering the properties. Enter at your own risk. For those properties with a key, prospective bidders can "check out" keys from the Planning Department. SECTION V GENERAL TERMS AND CONDITIONS 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/ OFFEROR - 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. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. 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. 6. 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. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation 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 this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. 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. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice and all necessary supporting documentation. RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-05-08P Page 7 of 10 Page 82 of 647 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award 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. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. 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. 19. 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 recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its 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. RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-05-08P Page 8 of 10 Page 83 of 647 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. 708 W. 3rd St, 324-326 W. 7th St, 617 W. 1st St, 200 E. Mullan Av, and 1202 Sycamore St (City owned properties), as well as 100 Commercial St, 118 Sycamore St, and 128 Sycamore St (WDC owned properties). Total "lump sum" bid: $ Total bid in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of ninety (90) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date A representative of my company attended the Mandatory Walk Thru: Representative Name We choose not to bid at this time but would like to be considered for future requests for bid RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-05-08P Page 9 of 10 Page 84 of 647 Our "not to exceed" bid price for each property is: Property Address (City owned properties) Per Property Cost (bid) Total 708 W 3rd St $ 324-326 W 7th St $ 617 W 1st St $ 200 E Mullan Av $ 1202 Sycamore St $ Property Address (WDC owned properties) 100 Commercial St $ 118 Sycamore St $ 128 Sycamore St $ Total Proposed Lump Sum Contract Amount: $ RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-05-08P Page 10 of 10 Page 85 of 647 2?VKFYE ENVIRONMENTAL E 1w I r r Ivi 1 rr L. ASBESTOS INSPECTION REPORT 708 W 3rd Street Waterloo, IA Project Report bated: April 8th, 2024 It 0 o WaterI0• Page 86 of 647 Z?VKEYE ENVIRONMENTAL INI ,I1 1%11 i 1%1Tom►L I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATIO N 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY City of Waterloo Page 87 of 647 VKEYE ENVIRONMENTAL NI I1 IliI IEI%IT L A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION 708 W 3rd Street Waterloo, Iowa 2, CLIENT CONTACT Aric Schroeder City Planner City of Waterloo, Iowa 3. DATE(s) OF INSPECTION March 21, 2021 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 5. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6, LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 103025 City of Waterloo Page 88 of 647 VKEYE ENVIRONMENTAL 01%1 11 1%1 l 1 E 1SJ "1- L� B. SCOPE OF WORK Methods and Procedures: The property located 708 W 3rd Street, Waterloo, [owa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations, Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA -defined as similar En age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NEHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, Fs estimated and summarized_ If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure, Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (T1rM ). Sample analysis was performed by Eurofins CEI. Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources, Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR - Air Quality Division, Torn.Waehr@DNR.lowa.gov 515-494-8212 Additional forms, guidance and technical €nforrnation regarding asbestos can be found on the DNR website at: httg: www.towudnr.gov air/prof asbestos asbestos.htmi City of Waterloo Page 89 of 647 VKEYE ENVIRONMENTAL 1% Nf 11 1%111 E it T L INSPECTION NOTES In accordance with your request and authorization IHawkeye Environmental, t.LC has performed an asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. This survey intends to determine if any of the materials with potential for disturbance are asbestos - containing. The structure is a vacant residential property. The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspected asbestos building materials. City of Waterloo Page 90 of 647 12?VKEYE ENVIRONMENTAL E 1%1 I pi N IVi E 1%' L C. SUMMARY OF ASBESTOS BUILDING MATERIALS Nonc Material 708 IN 3rd Street Surfacing Materials D es cif pt lon Locatio 11 Thermal Systems Insulation Material 1 Description Location Miscellaneous Materials Material Window Glazing Description Location Quantity Quantity QuantSty Black Roof 18 windows Cement Siding Red Exterior Walls Duct Paper Linoleum {no mastic) Gray Tan Basement Kitchen —2800 SF 8 boots, 140 LF 250 SF Quantities supplied are estimates. Contractors must field verify all riiatertal quantities, locations and cond]tions. City of Waterloo Page 91 of 647 VKEYE ENTAL E VIRONM M%1 f 1 F-I 1 1 IVI 01 11 A L BULK SAMPLE ANALYSIS 708 W 3rd Street Waterloo, Iowa City of Waterloo Page 92 of 647 eurofins CEI March 28, 2024 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 708 VV 3rd St CEI LAB CODE: B245914 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on March 26, 2024. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method_ Sample results containing >1% asbestos are considered asbestos -containing materials (AGMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1% asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Pf.l,, CIH Laboratory Director NVIAip® TESTING ilVUP LAB CODE 14176A-O 730 SE Maynard Road • Cary, NC 27511 * 919.481_1413 Page 93 of 647 eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 708 VV 3rd St LAB CODE: B245914 TEST METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORT DATE: 03/28/ 4 TOTAL SAMPLES ANALYZED: 24 # SAMPLES > 1 % ASBESTOS: 4 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 94 of 647 eurofins CEI PROJECT: City of VVaterloo, 708 VV 3rd St Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY LAB CODE: B245914 METHOD: EPA GOO / R93 f 116 and EPA 600 1 M4-82 1020 Client ID Layer Lab €D Color Sample Description ASBESTOS {fl I 001 B245914.01 Black Shingle 002 B245914_02 Black Tarpapor None Detected None Detected 003 B245914,03 Black Flashing/ Vent Tar None Detected 004 B245914.04 Gray Window Glazing None Detected 005 B24 59'141.05 Tan Window Glazing Chrysotite 5% 006 B245914.06 Gray Cement Siding Chrysotlle 15% 007 B245911.07 Black Vapor Barrier None Detected 000 B45914.08 Brown IFIsufntion None Detected 009 B245914.09 Off-white Duct Paper Ch rsotile 65% 010 B245914.10 White Duck Mastic None Detected 011 B245914.11 Tan Linoleum Chrysotlle 20% 012 I3245014_12 Black Undedayment None Detected 013 B245914.13 Gray Paster Nome Detected 014 B245914.14 White Plaster Skim Coat None Detected 015 B245914,15 Gray Plaster None Detected 016 8245914.18 White Plaster Skim Coat None Detected 017 8245914,17 Gray Plaster Norio Detected 018 B245914.18 White Plaster Skim Goat None Detected 019 B245914.19 'Mite Texture None Detected 020 B24591.1.20 White Texture None Dotocted 021 B245914.21 White Texture None Detected 022 1;245914.22A Beige Linoleum None Detected B245914.22B Yellow Mastic None 0eteotod 023 B245914.23 Black Shingle None Detected 024 B245914.24 WhilerTari Drywall None Detected 730 SL Maynard Roars • Cary, NC 27511 • 919,481.1413 Pagc 1 of 1 Page 95 of 647 ASBESTOS BULK ANALYSIS e ke rof i n By: POLARIZING NG LIGHT MICROSCOPY I CEI Client: 1-lawkeye Environmental 314 Wood Lily Road Solonr IA 52333 Project City of Waterloo, 708 W 3rd St Lab Code: B245914 Date Received: 03- 6-24 Date Analyzed: 03-28-24 Date Reported: 63- 8-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab ID 'Description Lat.] NON•ASBESTOS COMPONENTS ASBESTOS Attributes Fibrous Non -Fibrous "lo 001 6245914.01 Shingte Heterogeneous Black Fibrous Bound 50% FibergI 40% Tar 10% Grave! None Detected 002 B245914.02 Tarpaper Homogeneous 70% Cellukoae 30% Ter Black Fibrous Bound Nona Detected 003 Fla ;hingf Vent Tar Homogeneous 6245914.03 Black Fibrous Bound 15% Collu,ose 85% Tar None Detected 004 Window Glazing Ieterogeneoun B245914.04 Gray Non -fibrous Bound 100% Binder <1% Pains 006 Wndow Glazing Heterogeneous B245914.05 Tan Non-lihraus Bound 95% Binder <1% Pains None Detected 6° Chrysotike 006 B245914.06 Cement Siding Ileterogenoous Gray Fibrous Bound 86% Binder <1 % Paint 15°!o Chrysotlle 007 B245914,07 Vapor Barrier Homogeneous 70% Cellulose Blade Fibrous Bound 30% ] ar None Illeteckrd 730 SE Maynard Road • Cary, NG 27511 • 9.19.481.1413 Page 1 of 5 Page 96 of 647 eurofins CEI ASBESTOS BULK ANALYSIS By; POLARIZING LIGHT MICROSCOPY Client: I-lawkeye Environmental Lab Code: B245914 814 Wood Lily Road Date Received: 03-26-24 Solon, GA 52333 date Analyzed: 03-28-24 Date Reported: 03-28-24 Project: City of Waterloo, 708 'Ai 3rd St ASBESTOS BULK PLM, EPA 600 METHOD Cliont ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous °la 008 r 215014 08 Insulation homogeneous 100% Cellulose None Detected Brown Fibrous Loosely Hound 009 B245914,09 Duct Paper Homogeneous 5% Cellulose 30% Binder Off-white Fibrous Bound GS%Chrysotlle 010 t3245314.10 Duct Mastic Homogeneous White Nor? -Brous Bound 100°!% Mastic None Detected 011 B245914.11 linoleum Heterogeneous b% Gollulose 50% Vinyl Tan 25% Binder Fibrous Bound 20% Chrysotife 012 B24514.12 Undcrlayment Homogeneous 70% Collulose 30% Tar None Detected Black Fibrous Bound 013 82.45914-13 Plaster Homogeneous <1% Hair 65% Binder Gray 35% Silicates Non -fibrous Bound None Detected 014 B245014.14 Plaster Skim Coat 11orrogoncous White Nora -fibrous Bound 65% finder 30% Silicates 5E J Paint None Detected 730 SE Maynard Road • Cary, NC 275'11 • 919-481.12113 Page 2 of 5 Page 97 of 647 ;: eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: I lawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of VVaterloo, 708 1N 3rd St Lab Code: B245914 Date Received: 03- 6- 4 Date Analyzed: 03-28-24 Date Reported: 03-28-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous NonFibrous 9fn 015 fi2.45. 14.', 5 Plaster Homogeneous •=l9l ]laic Gray Non -fibrous Bound 65% Binder 35% Silicates None Detected 016 Plaster Skim Coat Homogeneous fi2•15014,16 White Nan -fibrous Bound 65% Binder 30% Silicates 5°t Paint None Detected 017 B245914.17 Plaster Homogeneous <I% Flair 65% Binder Gray 35% Silicates Non-fbrous Bound None notocted 018 Plaster Skim Goat Homogeneous 05% Binder 13245914.18 Mite 30% Silicates Non -fibrous 5% Paint Bound None Detected 01g B245914_ 19 Texture Heterogeneous 05% Binder White 30% Calc Garb Non -fibrosis 5% Paint Bound None Detected 020 B245914.20 Texture heterogeneous 85% Binder Mite 309 Calc Carb Non -fibrous 65f) Paine Bound None Detected 021 B245914.21 Tex€ure Heterogeneous 65% Binder VV�?Ito 30' Cale Carla Non -fibrous 5% Paint Bound Norte Detected 730 SE Maynard Road - Cary, NC 27511 • gig .4811.1413 Page 3 of 5 Page 98 of 647 44.1. eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Ci�ent: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 708 W 3rd St Lab Code: B245914 Date Received: 03-26-24 Date Analyzed: 03-28-4 Date Reported: 03-28-24 ASBESTOS BULK PLM, EPA 600 METHOD Client IV Lab ID Lab Description Lab Attributes NON -ASBESTOS COMPONENTS Fibrous Non -Fibrous ASBESTOS 022 Linoleum B245914.22A Heterogeneous Beige Fibrous Bound 20% 10% Cellulose 50% Vinyl Fiberglass 20% Binder Noise Detected B245014_22B Mastic Homogeneous Non-fi tiros Bowtd 100% Mastic 023 B245914.23 Shingle Heterogenoons Black Fibrous Bound 50° Cellulose 40% Tar 10% Gravel 024 B245914_24 Drywall Heterogeneous Whrte,Tan Fibrous Bound 20% Cellulose 80% Gypsum None Detected None rintnctrd None Detected 730 SE Mayrtierd Road • Cary, NC 27511 • 919.481.1413 Page 4 of 5 Page 99 of 647 mei eurofins CEI LEGEND: Non-Anth = Non-Asbestifarm Anthophyllite Non -'lien = Non-Ashestiform Tremolite Caic Carb = Calcium Carbonate METHOD: EPA 600 R93 116 and EPA 600 / M4-62 / 020 REPORTING LIMIT: <10 by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Paints or 0.1 % by 1,000 Points REGULATORY LIMIT- >1 * by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBS) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found riot to contain asbestos, be fufther analyzed by Transmission Electron Microscopy (TEM)_ Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available OR request_ This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI, Euralins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client_ Samples were received in acceptable condition unless otherwise noted_ This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description_ ANALYST: Zane Heinz NVLA TESTING NVLAP LAB CODE tD17M..0 APPROVED BY:�- Tianbao Bai, Ph.D., CIH Laboratory Director 730 SE Maynard Road • Cary, NC27511 • 91 9.481.1 413 Page 5 of 5 Page 100 of 647 Page 1 O eurofins L 730 SE Maynard Road, Cary, NC 27511 Tel; S66-4E11-1412; Fax: 91g-481-1442 CHAIN OF CUSTODY L'sUSE ONLY1 CE1 Lab Code: C1t CEI Lab I.D. Range: COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT #i: Job Conlacl: companyr: Hawkeye Environmental Email f Tel: Address: 814 wood lily road, Solon, IA 52333 Project game: 0itY of Waterloo Project ID#:708 W 3rd St Email: CO Ct Hd1M ayeEr1V, Orn PO il: Tel; 319-930-8044 rax: ISTATSAMPLES COLLECTED IN. IA F TAT iS tyro MARKED STANDARD D 3 DAY TAT APPLIES_ ASBESTOS METHOD TURN AROUND TIME 4 HR B HR 1 DAY 2 DAY 3 DAY 5 DAY PLF1 BULK CPA 6 D _ • IA Q • Li PLM POINT COUNT {+1U0) EPA nD6 ■ M 0 M M FLF,'POINT COUNT (1000) EPAEDD ■ 0 C7 I —I • PLM GRAVwPOINT COUNT EPA600 ❑ 0 0 PLM BULK GARB 435 l • M PCM AIR NIOSH 7400 Q L M ❑ 0 TEM AIR EPA AHERA ■ • 0 M Q TEM AIR NIOSH 7462 0 a a !■ ■ ■ TEM AiR(PCME) ISO10312 [ i I] .1. l El TEM AIR ASTM 6281-15 ■ [1 0 M ■ i 1'EF. BULK Cl-IATFIELD El M • TEN1 DUST WJPE ASTM DE-180-55 (2010 ■ • ❑ - I■ TEM DUST M1CI OVAL ASTM D5755-0E (20145 L l • 0 • MI TEM SOIL ASTl1 u7521-19 LI EJ Li TEM VERMICULITE CINCINNA I I ME f HUD I i M In TEM QUALITATIVE IN-IJDUS.E METHOD • • M M 1� _ OTHER: M M • M • '&raoka s nr.h41 be to iner fram saJue sarriute kli as frehl seal F 5. REMARKS I SPECIAL INSTRUCTIONS: dAi-J.Arrnpt Samples M Reject Samples Reliwquished Ely; E 1i t{imne Received By; DatelTirne L2 0,r-4ata 0 3/22/24 i dit / kk_, r Samples will be disposed of 30 days after( a!ysfs )ef51011: oCOC.01.18,1#2,t_D Sat= Page 101 of 641 44!..leurofins CEI SAMPLING FORM COMPANY CONTACT INFORMAT1ON• - Company: Hawkeye Environmental Job Contact: Project Name: Project ID #- Tel. SAMPLE ID# DESCRIPTION ! LOCATION VOLUME/ AREA TEST 001 shingle (house) PLM TEM 1 1 1 I 002 tar paper PLM TEM F71 E 003 hashing f vent Iar PLM TEM 1 1 r • 1 004 window glazing (2nd) PLM 1 1 TEM 1 1 , 005 window glazing (1st) PLM TEM 1 1 1 1 006 cement siding PLM TEM 1 1 SIM 007 vapor barrier PLM TEM l 1 i 008 blown insulation PLM TEM l 1 l—I 009 duct paper 1 1 PLM TEM 1 1 010 duct mastic PLM TEM l 1 [] 011 linoleum (kitchen) PLM TEM l 1 1T 012 underiayment PLM TEM 1 1 1 I 013 _ _ plaster PLM 1-7 TEM 1 I 014 skim PLM TEM 1 j 1 I 015 plaster PLM 1• TEM 1 1 016 siklrn PLM TEM 1 1 1 I 017 plaster PLM 1 1 TEM 1 1 018 skim PLM TEM 1 1 1 019 texture (2nd floor) PLM 1 1 TEM 1 020 texture (2nd Door) PI.M TEM 1_1 021 lextura (2nd floor) PLM M TEM 022 linoleum (2nd bathroom) PLM TEM 1 I r-1 023 _ shingle (garage) PLM TEM 1 1 024 drywall (garage) PLM 1 TEM l 1 1 1 PLM 1 1 TEM 1 1 PLM TEM 1 i ( 1 — PLM 1• TEM 1 PLM TEM [] [1 Page of Version_ CCOC,D1-18.2I2.LD Page 102 of 647 Page 103 of 647 Page 104 of 647 Page 105 of 647 v 0 X Page 106 of 647 2?VKEYE ENVIRONMENTAL EMIN,1 NI EI%I11XL ASBESTOS INSPECTION REPORT 324-326 W 7th Street Waterloo, IA Project Report Dated: April 8th, 2024 City of Waterloo Page 107 of 647 &?VKEYE ENVIRONMENTAL E 1�1 11 1%11 1 E 1�1 TAM L I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY City of Waterloo Page 108 of 647 VKEYE ENVIRONMENTAL E NI V 1 -- NI IVU E SJ 1 L A. ASBESTOS INSPECTION REPORT DMA 1. LOCATION 324-326 VV 7th Street Waterloo, Iowa 2. CLIENT CONTACT Aric Schroeder City Planner City of Waterloo, Iowa 3. DATE(S) OF INSPECTION March 21, 2021 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 5. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins C1I 730.SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION NVLAP {Nation Voluntary Laboratory Accreditation Program) Lab Code: 103025 City of Waterloo Page 109 of 647 Z1VKEYE ENVIRONMENTAL E1�1�`11 1%11 1 ENITom►L B. SCOPE OF WORK Methods and Procedures: The property located 324-326 W 7th Street, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (iational Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and N ESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93j116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by Eurofins CEI. Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building 4Mlaterials (ACE M)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR • Air Quality Division. Tom.Wuehr@DNILlowa.gov DNR.Iowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.iowachr.goviairiprof/asbestos/asbestos-html City of Waterloo Page 110 of 647 2?VKFYE ENTL INSPECTION NOTES IRONM 1 R 1 1 IV1 E J 1 L In accordance with your request and authorization Hawkeye Environmental, LLC has performed an asbestos survey for the project referenced above. it is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials, This survey intends to determine if any of the materials with potential for disturbance are asbestos - containing. The structure is a vacant residential propea ty, The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were coElected from aEl suspected asbestos building materials. City of Waterloo Page 111 of 647 VVKEYE ENVIRONMENTAL 0i�! 11 iJI 1E1�!TAL C. SUMMARY OF ASBESTOS BUILDING MATERIALS 324-326 7th Street Surfacing Materia]s Material None MUIaterial Description Location Thermal Systems Insulation Description Location Miscellaneous Materials Material Shingles (bottom layer) Chirnney Tar Cement Siding Duct Paper Quantity quant tv €1escri . tf nn Black/Green Roof Black Roof noar tile (no mastic) Cray Gray Green Location Exterior Walls Quantity "3400 SF <10 LF 4000 SF Basement and in wall Unit 326 bathroom S boots 60 LF 80 SF Quantities supplied are estimates. Contractors must field verify all material quantities, locations and conditions. : it of Waterloo Page 112 of 647 2?VKEYE ENVIRONMENTAL IRNIN,1R NINAE1�1T�L BULL SAMPLE ANALYSIS 324-326 W 7th Street Waterloo, Iowa City of Waterloo Page 113 of 647 eurofins CEI March 28, 2024 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 24-3 6 W 7th St CEI LAB CODE: 8 45 13 DearCustomer: Enclosed are asbestos analysis results for PLM Bulk samp€es received at our laboratory on March 26, 2024. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sampleresults containing >1% asbestos are considered asbestos -containing materials (AGMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1% asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relatrons, Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director NVLA TESTING lly1fP L&B CODE 1017.68-0 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 114 of 647 v eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 4-326 VV 7th St LAB CODE: B245913 TEST METHOD: EPA 600 / R93 / 116 and EPA 6001 M4-82 / 020 REPORT DATE: 08128/ 4 TOTAL SAMPLES ANALYZED: 26 # SAMPLES >1% ASBESTOS: 6 730 SE Maynard Road . Cary, NC 7 11 • 919.481.1413 Page 115 of 647 • eurofins I CEI Asbestos Report Summary By: POLARIZING LIGHT MICROCOPY PROJECT: City of Waterloo, 324-326 7th St LAB CODE: B245913 METHOD: EPA 600 1 R93 / 1'l6 and EPA R00 ! M4-8210 0 - liertt ID Layer Lab ID Color Sample Description 001 B245913.01 Black,Green Shingle ASBESTOS 0 Chrysotilo 16% 002 B245913.02 Black,Green Shingle None Detected 003 B245913,03 Black Shingle None Detected 004 B.245913_Q4 Black Chimney Tar Chrysolite 10% 005 B245913_05 Black Flashing Tar None Detected 006 B245913.06 Gray Cement Siding Chrysotile 15% 001 B245913.07 Black Vapor Barrier None Detected ooa 6245913,08 Gray Duct Paper Chrysolite 65% 009 Layer 1 B245'913.09 White Plaster Skirn Coat None Deteotod Layer 2 13245913.49 Gray Plaster Base Coat None Detected 010 Layer 1 B245913,10 White Plaster Skim Coal Nona Detected Layer 2 B245913.10 Gray Paster Base Coat None Detected 011 Layer 1 B245913,11 White Plaster Skirn Coat None Detected Layer 2 B245913.11 Gray Plaster Base Coal None Detected 012 Layer 1 B245913.12 White Plaster Skim Coat None Detected Layer 2 B245913.12 Gray Plaster Base Coat None Detected 013 B245913_13 W ij(e.Ta i Drywall None Detected 014 015 B245913.14 Tan Tape B245913.15 Mite Joint Compound None Detected None Detected 018 B245913.18 Mite Joint Compound None Detected 017 B245913,17 White Joint Compound' None Detected 018 B245913.18 White,Tan Ceiling Tile None Detected 019 B245913.19 White,Tan Ceiling Tile None Detected 020 824591,20A Gray,Beige Floor Tile None Detected B245913.208 Yellow Mastic None Detected 021 6245913,21A Gray.Beige Floor Tile None Detected 8245913218 Vol low Mastic None Detected 022 824591322A Green Floor Tile Chrysolite 5% B245913.2213 Yellow Mastic None Detected 023 B245913.23A Gray,9eige Countertop None Detected 13245913.23B Yellow Mastic None Detected 730 SE Maynard Road • Cary, NC 27511 • 949.481.1413 Page 1 of 2 Page 116 of 647 euirofins Asbestos Report Summary By: POLARIZINO LIGHT MICROSCOPY PROJECT: City of Waterloo, 324-326 VV 7th St LAB CODE: B245913 METHOD: EPA 600 f R93 f 116 and EPA 6001 M4-82 f 020 TClient ID Layer Lab ID Color Sample Description ASBESTOS 024 B24591324A Green Flour Tile Chrysotile 5 / B245913.248, Yellow Mastic None Detected 025 B24591325A Gray ,Beije Floor Tile Norio Detected 1324591125E Yellow Mastic 026 None Detected B245913,26 Arhi e Sink Undercoating None Detected 730 SE Maynard Road i Cagy, NC 27511 • g 19.461.1413 Page 2 of 2 Page 117 of 647 eurofins EI ASBESTOS BULK, ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: B245913 814Wood Lily Road Date Received: 03-26-24 Solon, IA 52333 Date Analyzed: 03-28-24 hate Reported: 03-28-24 Project: City of Waterloo, 324•3 61N 7th St ASBESTOS BULK PLM, EPA 600 METHOD _ Client ID Lab Lab NON -ASBESTOS COMPONENTS Lab ID Description Attributes Fibrous Non-Flbreue 001 Shingle Heterogeneous 35% Col!ulase 40% Tar B245913.0 i Biack,Greers 10% Gravel Fibrous Bound ASBESTOS o t5% Chrysotile 002 B245t31:3.02 Shingle Heterogeneous 50% Cellulose 40% Tar Black,Green 1D% Gravel Fibrous Bound None Detected 003 13245g-I3.03 Shingle Heterogeneous 50% Cellulose 40% Tar Black r10% Gravel Fibrous Bound hone Detected 004 8245913.04 Chimney Tar lornogen4 ous 5% Cellulose 85% Tar Black Fibrous Bound 10% Chrysatile 0066 B245913.05 1-lashing Tar [iomogcnnnus 10% Cellulose Wre far None I eteck-d Black Fihraus Bound 006 B245913.06 Cement Siccing Heterogeneous G ray Fibrous Bound 85% Binder <1% Paint 15%Chrysotile 007 B245913.07 Vapor Barrier Homogeneous 70% Cellulose 3O Tar None Detected Black Fibrous Mound 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 Of 7 Page 118 of 647 ur inASBESTOS BULB ANALYSIS e CI: 1 By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environrnerntal 814 Wood Lily Roast Solon, IA 52333 Project: City of Waterloo, 324-326 W 7th St Lab Code: B245913 Date Received: 03-26-24 Date Analyzed: 03-28-24 Date Reported: 03-28-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab ID Lab Description Lab Attributes NON -ASBESTOS COMPONENTS Fibrous Non -Fibrous ASBESTOS 008 B245013.08 Duct Paper Homogeneous 5% Cellulose 30% Linder Gray Fibrous Bo.ind 65% ariirysotile 009 Layer 1 B245913.09 Plaster Skiir7 Coat Heterogeneous White Nan -fibrous Bound 6,5 Binder 30% Silicates 5% Paint None Dctt cled Layer 2 Plaster Base Coat Hflrnogeneous <1% Cellulose % Binder Gray 35% Silicates Non -fibrous Bound B245913.0D None Detected 010 Plaster Skim Coat Heterogeneous 05% Binder Layer 1 While 30% Silicates B245913.10 Non -fibrous 5% Paint Bound None Detected Layer 2 Plaster Base Coat Homogeneous <1% Cellulose 65% Binder B245913.10 Gray 3591E Silicates Non -fibrous Bound None Detected 011 Layer 1 B245913,11 Plaster Skim Coat Heterogeneous Ei ite Non -fibrous Bound 65% Binder 30% Silicates 5% Paint None Detected Layer 2 Plaster Base Coat Homogeneous <1% Cellulose 65% Binder B245913.11 Gray 35% Silicates Non -fibrous Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 2 of 7 Page 119 of 647 eurofins ] CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Sokon, IA 52333 Project: City of Waterloo, 324-326 W 7th St Lab Code: B245913 Date Received: 03-26-24 Date Analyzed: 03-28-24 Date Reported: 03-28-24 ASBESTOS BULK PLM, EPA 6000 METHOD Orient II] Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 96 012 Layer 1 B245913.12 Plaster Skin) Coat Heterogeneous White Nan -fibrous Bound 65° Binder 30% Sillcat€e 5% Paint None Detected 1_ayor 2 Plaster Base Coat Homogeneous <1% Cellulose 65% Binder B245913.12 Gray 36% Silicates Non -fibrous Bound None Detected 013 B245913.13 Drywa II Heterogeneous 207o Cellulose 80% Gypsum None Detected White,Tan Fibrous Bound 014 132459 "1:3.14 Tape Horn °gjene°US 100% Cellulose None Detected Tan Fibrous Bound 015 Joint Compound Heterogeneous 65% Binder B246913_15 White 30% Ca lc Carb Non -fibrous b% Paint Bound None Detected 016 Joint Compound Heterogeneous 65% Binder B245013.16 VUhite 30% Calc Carla Non -fibrous 5% Paint Bound None Detected 017 Joint Compound Ieterogeneous 66% Bander B245913.17 White 30% Calc Carb Non -fibrous 5% Faint Bound None Detacti d 730 SE Maynard Road • Cary, NC 27511 • 919_481.1413 Page 3 of 7 Page 120 of 647 • eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 324-326 W 7tt St Lab Code: B245913 Date Received: 03-6-24 Date Analyzed: 03-28-24 Date Reported: 03-28-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lai) Lab lD !Description Lab Attributes NON -ASBESTOS COMPONENTS Fibrous Non -Fibrous ASBESTOS 018 B245913.18 Ceiling The Heterogeneous White,Tan Fibrous Loosely Bound 35% Cellulose 5% Paint None Detectod 019 B245913.1g Ceiling Tile Heterogeneous 95% Cellulose 5% Paint XAhite,Tan Fibrous Loosely Hound None Detected 020 Floor Tile Heterogeneous 100% Vinyl None Catocted B2459 [3.20A Gray,8eige Nan -fibrous Bound B2455a13.208 Mastic Homogeneous 100- Mastic None Detected Yellow Non -fibrous Bound 021 Roo' Tile Heterogeneous 100% Vinyl None Detected B245913.21A Gray,Eleigo Non -fibrous Bound [ 2459113.218 Mastic 022 B245913,22A Floor Tile Homogeneous 100% Mastic None Detected Yellow Non-f brous Bound Homogeneous Green Non -fibrous Bowed 95% Vinyl 730 SL Maynard Road • Cary, NC 27511 • 919.481,1413 Pace 4of,' Page 121 of 647 eurofins CE1 ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 5333 Project: City of Waterloo, 324-326 W 7tli St Late Code: B245913 Date Received: 03-26-24 Date Analyzed: 03-28-24 Tate Reported: 03-28-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab Lab ID Description Attributes NON -ASBESTOS COMPONENTS Fibrous Non -Fibrous ASBESTOS B215913.22B Mastic Homogeneous Yellow Non, fibrous Bound 100% Mastic Noric., Detected 023 Countertop Heterogeneous B245913.23A taray.t3eige Non -fibrous ##ound 100% Vinyl Nono Detecled B245913.23B Mastic Homogeneous Yellow Non -fibrous Bound 100% Mastic None Detected 024 FloorTilc Holnocgeneons f#245 313.24A Green Non -fibrous Bound 95% Vinyt B245913.24B Mastic Homogeneous Yellow Non -fibrous Buurtd 100% Mastic None Detected 025 floor Tile I leterogeneous F1245913.25A Cray,Beige Non -lib raus Bound 100% Vinyl None Detected B245J13,25B Mastic Homogeneous Yellow Non -fibrous Bound 100% Mastic None Pete.c(ed 730 SF Maynard Toad • Cary, NC 27511 • 919.481.1413 Page 5 of Page 122 of 647 eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: B245913 814 Wood Lily Road Date Received: 03-26-24 Solon, IA 52333 Date Analyzed: 03-28-24 Date Reported: 03-28-24 Project: City of Waterloo, 324-326 VV 7th St ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab Lab ID Description Attributes NON -ASBESTOS COMPONENTS Fibrous Non -Fibrous ASBESTOS 026 Sink Undercoating Hnmogeneuus B245943.26 White Fibrous Bound 10% Cellulose 9[}% Binder None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.461.1413 Page 6 of 7 Page 123 of 647 erois EI LEGEND: Non-Arith = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremoiite Calc Carb = Calcium Carbonate RrMETHOB: EPA 500 / R9 / 116 and EPA 600 / M4-82 1020 REPORTING LIMIT; <1 % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1 % by 1.000 Points REGULATORY LIMIT: >1 % by weight Due to the limitations of the EPA 600 method. nonfriable organically bound materials (NOBS) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEND. Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation_ Estimated measu i-ement of under/a/My is available on request. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CE1. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client, Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government_ Information provided by customer includes customer sample ID and sample description_ ANALYST: Zayre Heinz NVIIA4I TESTINNLAP LAB CODE 1176B APPROVED BY: Tianbao Bai, Ph.D., CIH Laboratory Director 736 SE MayrFard Road • Cary, NC 27511 • 919.481,11413 Page 7 of 7 Page 124 of 647 eurofins [1 731 SE Maynard Road, Cary, NC 27511 Tea; 866-481-14 I2; Fax_ 919-481-1442 CHAIN OF CUSTODY !AB USE ONLY_ CEI Lab Code: CEI Lacs I.D. Range: COMPANY INFORMATION— - - PROJECT INFORMATION CEI CLIENT #: Job Contact: Company: Hawkeye Environmental Email / Tel: Address. 814 wood lily road, Solon, IA 5 333 Projec! Name; City of Waterloo Project Ip#:3 4-3 6 W 7th St Email: Cody@HawkeyeEnv.com POli: Tel; 319-930-8044 Fax: STATE SAMPLES COLLECTED IN; IA fFTAT ISNOT MARKED STANDARD3DAY TAT APPLIES. ASBESTOS _ METHOD TURFY AROUND TIME 4 HR 0 HR 1 DAY 2 DAY 3 DAY 5 DAY Pi.M BULK EPA 600 Q Q IN EC Q _ PLM POINT COUNT (4001 , EPA E00 Q _ L-1 Li • Q _Q _ Q PLM POINT COUNT (1000) 1 .PA 600 Q M PLM GRAV w POINT COUNT • EPA 600 Q 1_ Q Q M pi_m BULK CARE435 Q Q Q Q • PCM Al Ft' NIOSH 7400 ❑ EQ f Q Q 0 0 Tlfw1 AIEz EPA AHEFA LJ Q r M M Q TEM AIR . I4tO H 7402 M Q Q Q Q Q TEM AIR IPCME) I50 103f2 Q Q Q FJ LI Q I TEM AIR , ASTM 6281-15 0 IN 0 0 0 0 TEM 211LK CHATFIELO Q 7Ei1 DUSTWlPE ASTR1 D6480-45 (2014} 0 Q Q M Q Q TEM DU5 T MICROVAC ASTFA )5755-eQ (2014) Q Q Q M Q El TEM 801L ATM D7521-le ' --1" r.-' � _ _ _ Q Q • TEM VERMECULITE C CINCINN�ATI METHOD . TEM oUALITABVE . 1144-107.1SE METHOD : " -• - _ OTHER: Q _ Q IN - Q '9oanks should Do. taken from rho. SWIM* samnre +nr .1 freed sarr+yk.3. REMARKS ! SPECIAL INSTRUCTION; Accepl Samples Q Reject Samples Relinquished By: DaterTime Received By: D - tefTlme �� 3/22124 U410 j ir (4-4_ 11 C: Sarapfes will be disposed of 30 clays after 3r1alys1s {s8cg c3g3s Page 5 of Version: CCOC,01,18.i/2,LD pagp 195 of 647 0::•** eurofins CEI COMPANY CONTACT INFORMATION Company: Havrkcye Environrnentai Project Name! Protect ID #: SAMPLINGFORM Job Conlacl: Tel: SAMPLE ID# - DESCRIPTION 1 LOCATION 001 shingle (top) VOLUME AREA 002 003 shingle (mid) 004 005 shingle (hot) TEST PLtMi. L� PLM Cj PLM chimney tar PLM TEM TEM TEM =J 1 I 1 TEM I— flashing tar 006 007 cement siding vapor barrier 008 009 duct paper PLM TEM r 1 PLM I1 TEM I-1 PLM L] r'Ltd plaster (326) 010 plaster (324) 011 PLM PLM L 1 TEM TEM r E MMA L 1 TEM plaster ( 24 1/2) 012 013 plaster (326 1/2) drmalI(324) PLM PLM 014 015 tape joint compound 016 joint compound (324 112) 017 016 PLM PLM PLM TE M TEM J EA E I I TEM TEM TEM 1 joint compound (326) 019 020 1x1 ceiling We (324) 1x1 ceiling tile (326) PLM PLM I I I I PLM PLM 1 1 TEM TEM TEM ( 1 TEM [-1I floor the (326 1/2) 021 022 floor tile (326 kitchen) PLEA E1 PLM I 1 Tem TEM floor foe (326 closet) 023 counter tap (326 kitchen) 024 PLM r TEM ( 1 PI_rl TEM L floor tile (326 bathroom) 025 026 PLM TEM I I floor file (324 kitchen) sink coaling (326 kitchen) PLM 1 1 TEM PLM TEM ( PLM 1 ( TEM Ll] PLM [� TEM Page of Version: C CO C.01.18.212. LD Page 126 of 647 Page 127 of 647 Page 128 of 647 h1AVVKLYENVIRONMENTAL ASBESTOS INSPECTION REPORT 617 W lst Street Waterloo, IA Project Report Dated: April Sth, 2024 1 City of Waterloo Page 129 of 647 1VKEYE ENVIRONMENTAL 0 NI 1 F 1�1 IV1 M 1! Tom► I- 1. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY City of Waterloo Page 130 of 647 Z?VKEYE ENVIRONMENTAL Eiw ,iPEinmi IT L A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION 61.7 W 1st Street Waterloo, Iowa 2. CLIENT CONTACT Aric Schroeder City Planner City of Waterloo, Iowa 3. DATE(s) OF INSPECTION March 21, 2021 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 5, LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 103025 City of )Naterloo Page 131 of 647 HEAWKEYE NVIRONMENT 1J1 I �11 B. SCOPE OF WORK Methods and Procedures: The property Located 617 W 1st Street, Waterloo Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations, Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by Eurofins CEI. Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR - Air Quality Division. Torn.Wueh! DNR,lowa.Eov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http;//www.iowadnr.gov/air/profiasbestos/asbestos.htrni City of Waterloo Page 132 of 647 Z2VKEYE ENVIRONMENTA 1 1FI I 1 11 1 E1 1'T L INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LEC has performed an asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. This survey intends to determine if any of the materials with potential for disturbance are asbestos - containing. The structure is a vacant residential property. The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspected asbestos building materials. City of Waterloo Page 133 of 647 VKEYE ENVIRONMENTAL M i� AZ 1 F 1111 E i�1 "1"� I None C. SUMMARY OF ASBESTOS BUILDING MATERIALS 617 W ist Street 5urfacing_Materiais Material Material None Description 1 Location Thermal Systems Insulation Material quantity IDescription Location M isce I laneo us Materials Chimney Tar & Flashing Ta r Duct Paper (runs to 2'1 floor) Description Gray antity Location Chimney + Front Porch Gray Basement + In -will Quantity 40 LF 4 boots +2 40 Li= Materials Containing <1% Asbestos Material Window Glazing Description Location Gray 1;k floor windows Quantity 14 i i n d o v,.s Quantities supplied are estimates. Contractors must field verify all material quantities, locations and conditions. Materials which contain Tess than 1% asbestos are not considered "asbestos containing materials" per Iowa DNR and EPA regulations. However, OSHA considers materials with any asbestos content to be a potential hazard. Contractors stall be required to comply with all OSHA regulations regarding removal of materials or demolition of structures with materials containing Tess than 1% asbestos. City of Water IDo Page 134 of 647 2?VKEYE ENVIRONMENTAL E 1%1 1 F 1%111 10 Nl T. L BULK AMPLE ANALYSIS I 617 IN 1st Street Waterloo, Iowa 11 City of Waterloo Page 135 of 647 4:•% eurofins CEI Maich 28, 2024 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 617 W lst CE1 LAB CODE: B245915 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on N./larch 26, 2024. The samples were analyzers for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1l% asbestos are considered asbestos -containing materials (AGMs) per EPA regulatory requirements_ The detection limit for the EPA 600 Method is <1% asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bal, Ph.D., CIH Laboratory Director NVLA� TESTING H4LI P Lea COPE idf7fiB-U 730 SE Maynard Road • Cary, NC 27511 + 919.481,1413 Page 136 of 647 eurofins 1E� ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 617 1st LAB CODE: B245915 TEST METHOD: EPA 600 / R93 / 116 and EPA 6001 M4-82 ! 020 REPORT DATE: 03/28/24 TOTAL SAMPLES ANALYZED: # SAMPLES >1% ASBESTOS: 19 2 730 SE Maynard Road ' Cary, NC 27511 + 919.481.1413 Page 137 of 647 eurofins C E< E Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 617 W 1 t LAB CODE: B2459i 5 METHOD: EPA 600 I R93 f 116 and EPA 600 f M4-8 1020 Client ID Layer Lab ID Co [or Sample Description To ASBESTOS 001 B245915_01 Black Shingle None Detected 002 9245915.02 Black tarpaper None Detected 003 B245915,03 GrayrBlack Chimnoy Tar Chrysotite 004 B245915.04 White Duct Paper Chrysotilie 60110 005 B245915.05 Brown Vapor Barrier None Detected 006 B245915.06 White ViAndow Glazing Chrysotile <1% 0i77 B245915.07 White Window Glazing None Detected 006 8W45915.08 White Drywall None Detected 000 B245915.09 Brown Tape None Detected 010 B245915.10 While Joint Compound None Detected 011 B245915.11 White Joint Compound None Detected 012 B245915.12 Gray Plaster None Detected 013 B246915,13 Gray Floater None Detected 014 B245915.14 Gray Plaster None Detected 015 B245915.15 Tan Skim tone Detected 016 B245915,16 Mite Texture None Detected 017 8245915.17 hite,13rown Ceiling Tile None Detected 018 B245915.18 White Wall Texture None Detected 019 B245915_19 Gray Insulation None fetoctod 730 SE Maynard Road • Cary, NC 27511 • 919,48I,1413 Page 1 cif 1 Page 138 of 647 • cur fin CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: I-lawkeye Environmental Lab Code: B245915 814 Wood Lily Road Date Received: 03-26-24 Solon, IA 52333 Date Analyzed: 03-28-24 Date Reported: 03-28-24 Project: City of Waterloo, 617 'A" 1st ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON•ASBF TO9 COMPONENTS Lab ID DescrIptlon Attributes Fibrous Non -Fibrous ASBESTOS 96 001 Shingle Homogeneous 30"l Cellulose 50,u%% iar None Detected B245915.01 Black 20% Silicates Fibrous Bound 002 Tarpaper Homogeneous 75% Cellulose 25% Tar Nono Detected B245 r16,02 Black Fibrous Bound 003 Chimney Tar Homogeneous 5% Fiberglass 85% Tar 10% C h rysoti le B2415916.03 Gray.Bla ck Fibrous l3ound 004 Duct Paper Homogeneous 5% Cellulose 35% Binder 60%Chrysotlte B 245915.04 1iMide 005 I3245915.05 Vapor Barrier Fibrous Loosely Bound T00% Cellulose Homogeneous Brown Fibrous Loosely Sound None Detected 006 B245gi5.00 Window Glazing Heterogeneous White Non -fibrous Bound 5E Paint 60% Binder 35% Colo Carb <1%Chrysotile 007 Window Glazing HeterogerI1 ous 5% Paint B245915-07 White 60% Hinder Non-thhraus 35% Oalc Cart Bound None Detected 730 SE Maynard Road • Cary, NC 2751.i • 919.4E1.1413 Page 1 cr 4 Page 139 of 647 eurofin f CEO ASBESTOS BULK ANALYSIS By; POLARIZING LIGHT MICROCOPY Client: Hawkeye Et wlronnlental Lab Code: B245915 814 Wood Lily Road Date Received: 03-26-24 Boron, IA 5 333 Date Analyzed: 03-28-24 Date Reported: 03-28-24 Project; City of Waterloo, 617 W ist ASBESTOS BULK PLM, EPA G00 METHOD Client Id Lab 1-al; NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous " 00B Drywall Homogeneous 3% Cellulose 97% Gypsum None Detected B 245915.08 White Fibrous Bound 009 Tape Homogeneous 8245915,09 Brown Fibrous Loosely Bound i00% Cellulose None Dctacted 010 Joint Compound Heterogeneous 10% Fiberglass 5% Paint B215915.10 White 35% Binder Fibrous 50% Cale Garb Bound None Detected 011 Joint Compound Heterogeneous 5% Paint B245915_11 1Nhite 40% Binder Non -fibrous 55% Calc Garb Bound None Detected 012 Plaster Homogeneous <1% Hair 40% Binder F32,1 t315.12 Gray 60% Silicates Fibrous Bound None Detected 013 Plaster Homogeneous <1% Hair 40% Binder B245915.13 Gray 60% Silicates Fibrous Bound None Detected 014 Plaster Homogeneous <1% Half 405i) Binder B24591:i.14 Gray 60% Silicates Fibrous Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 2 of .1 Page 140 of 647 eurofins I CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY alien#: Hawkeye Environmental Lab Code: B245915 814 Wood Lily Road Date Received: 03-26-24 Solon, IA 52333 Date Analyzed: 03-28-24 hate Reported: 03-28-24 Project: City of Waterloo, 617 \V ist ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Late NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Ibescriptlon Attributes Fibrous Non -Fibrous °la 015 E24515.15 Skim 14eterogeneous 10% Paint Tan 30% Binder Non -fibrous 60% Calc Garb Bound Nono Delecteb 016 S2459I 5.16 .I-exture Heterogeneous 3% Talc 10% Paint 41ite 52% Binder Fibrous 35% Cale Carh Bound Nona Detected 017 5245915.17 Ceiling Tile liotr:rogeneous 95% Cellulose 5% Paint None Detected While.8rown Fibrous Loosely Bound Q1 B Wall Texture; Heterogeneous 5% Talc 10% Paint B245915_16 White 50% Binc4er Fibrous 35% Calo Carb Found None Detected 019 13245915_19 Insulation Homogeneous 100% Cellulose None Detected Gray Fibrous Loose 730 5E Maynard Road • Cary, NC 7511 • 919,481_1413 Page 3 of 4 Page 141 of 647 aeurofins LEGEND: Non -frith Non-Asbestiform Anthopliyllite Non-Trem = Non-Asbestiform Tremorite alc Garb = Calcium Carbonate METHOD: EPA 600/R93/ 116and EPA 600/M4-82/0 0 REPORTING LIMIT: <1 % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1 % by 1,000 Points REGULATORY LIMIT; >1% by weight Due to the limitations of the EPA 600 method, nonfr€able organically bound materials (NODS) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM), EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty rs avafiabie on rmgiest. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without +written approval by Eurofins CEI, Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results_ Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government_ Information provided by customer includes customer sample ID and sample description. ANALYST: NVIA ApTESTING !MAP LAB cam 1017E& c APPROVED BY: Tiaribao Bai, Ph.D., CIH Laboratory Director 730 SE Maynard Road • Cary, NC 27511 • 919.481.1(113 Pacre4of4 Page 142 of 647 eurofins 730 SE Maynard Road, Cary, NC 27511 Tel: 866-4B1.1412; Fax: St9-481-1442 CHAIN OF CUSTODY Li1B USE ,Y; CEI Lab Code: 4 y CEI Lab G.D. Rengo; COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT M. Job Coniat.i: y: Hawke e Environrnentak Cony an � � Email 1 Tea. Address: 814 wood lily road, Solon, IA 52333 Project Name: City of Waterloo Project Imo: 617 W 1 si Efnail- Ody@Ha keyeEnv,com f'{] #: TeI; 319-930-8044 Fax: STATE SAMPLES COLLECTED 1N: IA ;FTAT I NOT MARKED STANDARD 3DAY TAT APPLIES. ASBESTOS METHOD TURN AROUND TIME 4 HR 8 HR 1 DAY 2 DAY 3 DAY S DAY PLF16 L.K EPA60a w 0 0 F'.I 0 _I PLMPOINT COUNT (400) EPA 600 w wl w CI PLMPOINT COUNT 00001 EPA600 LI w w ! PLM GRAY tiV POINT COUNT EPA Egli.] . ems: D LJ w PLM BULK CARES 435 0 P IN w w PCM AIR' N NI05H 7440 I] P w D ❑ I■ TF.MAIR EPA AHERA Cl w L7 L] ',_] w TEM AIR NIOEH 7402 0 CJ P [] w w TEM AIR(PCME) ISO 14312 a a k1 P1 w M. w TEM AIR AS TM6201-16 w 0 M IN TEM BULK CHA1FIELD w Q a d Li TEM DUST WIPE ASTM cameo -Gs {2o1o} Q t1 Q w M TEM DUST MICROVAC ASTM Ds?55-0312014) P1 n 1■ ■ TEM SOIL A ATM 0.7521=16 1■ I. TEM VEPMICIILI I CINCINNATI METHOD }_ 0 • LI I■ P1 n 0 ■ TEM 'QUALITATIVE IN-HOUSE METHOD - I■ OTHER. Q w w w 11.MA 9 ShOLON be ra.4Cri bum tlia saute sarrip'o Dl as fiatd sampans, REMARKS 1 SPECIAL INSTRUCTIONS: 1 I l `4V -'—.X.ccept Samples Reject Samples Relinquished By; DatefTi*ne RecaiYed By; Date/Time 3/22/24 LACY) Samples will be dlsposea' of 36 days after analysis Page l of Version; CCOG,01.1B.1/2,LD Page 143 of 647 ;t ri s CEI SAMPLING FORM COMPANY CONTACT INFORMATION `___ Company:Hawkeye Environrnontal :JoktContatt. Project Nam07 I Project ID #: Tel SAMPLE_ IDS DESCRIPTION # UOCATiON VOLUME! AREA TEST 001 shingle PLM I I TEM (—I 002 tar paper PLM I I TEM 1 I 003 chimney tar PLM 1 I TEM I I 004 duct Raper PLM [ 1 TEM 1 I 005 vapor Frarrier (under wood siding) PLM I— I TEM 006 window glazing (kitchen) PLM I 1 TEM I I 007 window glazing (porch) PLM I —I TEM 008 drywall (kitchen) PLM TEM I 1 009 tape PLM I I TEM �� 010 joint compound PLE41 I —I TEM I I 011 joint compound {basement) PLM 1 I TEM f 1 012 plaster PLM r I TEM I 1 013 pia stor PLM I-1 TEM Li 014 plaster PLM f t TFPA f —i 015 skim PLM = TEM [7 016 texture t PLM M TEM 1 I 017 1x1 ceiling hie Pt.M r TEM I —I 018 wall texture PLM 1 1 TEM 1 1 019 blown insulaIion PLM 1 1 TEM 1 1 PLM C—I TEM 1 i PLM 1 1 T EM 1 I PLM r . I TEM I I PLM 1 1 TEM 1-1 PLM 1 1 TEM 1 1 PLM LJ TEM I l PLM 1 1 TEM 1 I PLM f 1 TEM f —I PLM 1 1 .rEM 1 I Page _ of Version: CCOC,01.18.2:2.LD Page 144 of 647 Page 145 of 647 Page 146 of 647 Page 147 of 647 VKEYE ENVIRONMENTAL E ill I pa 1%I I 1J `r L ASBESTOS INSPECTION REPOF T 0O E IVlullan Ave Waterloo, IA Project Report Dated: April 8th, 2024 City of VUd#erIDO Page 148 of 647 �AWKEYE N I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY 0 0 4J 0 Page 149 of 647 HAWKEYE ENVIRONMENTAL A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION 200 E Nlullan Ave Waterloo, Iowa 2. CLIENT CONTACT Ark Schroeder City Planner City of Waterloo, Iowa 3. DATE(s) OF INSPECTION March 21, 2071. 4. FIRM PERFORMING INSPECTION Hakeye Environmental 814 Wood Lily Road Solon, IA 52333 5. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 103025 City of Waterloo Page 150 of 647 27VKEYE ENVIRONMENTAL E I1 I 1 1%11V1 E 1S1 " B. SCOPE OF WORK Methods and Procedures: The property located 200 E Dilution Ave, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and N ESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R- 3/11.6 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by Eurofins CEI. Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National voluntary Lab Accreditation Program), Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources, Specific questions about testing or abatement activities may be directed to Mr. Toni Wuehr, Iowa DNR -Air Quality Division. Torn.Woehr@DNR.lowa.gov 51.5-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.lawadnr.gov/air/prollasbestas/asbestos.html Cfty of Waterloo Page 151 of 647 1VKEYE ENVIRONMENTAL ENI 11 C i' 11 101 11 INSPECTION NOTES En accordance with your request and authorization Hawkeye Environmental, LLC has performed and asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. This survey intends to determine if any of the rnateria15 with potential for disturbance are asbestos - containing. The structure is a commercial property which is vacant. The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspect asbestos building materials. City of Waterloo Page 152 of 647 VKEYE ENVIRONMENTAL C. SUMMARY OF ASBESTOS BUILDING MATERIALS 200 E Mullan Ave Surfacing Materials Material None Description Material Location Thermal Systems Insulation Material Window Glazing rlashingTar Parapet Tar Description ` Quantity Location Miscellaneous Materials Description Gray Gray/Black Quantity Location Quantity Shop windows 6 Windows Roof Perimeter Gray/Black Parapet walls @ roof 80 LF 80 Lf Quantities supplied are estimates. Contractors must field verify all material yuantlities, locations and conditions. City of Waterloo Page 153 of 647 HAVVKEYE ENVIRONMENTAL E MI 1 I c i li IVI M J F L BULK SAMPLE ANALYSIS 200 E Mullan Ave Waterloo, Iowa ity of Waterloo Page 154 of 647 eurofins CEI March 26, 2024 Hawkeye Environmental 814 VVood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 200 E Mulian CEI LAB CODE: B245910 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on March 26, 2024. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1% asbestos are considered asbestos -containing materials (A IVIs) per EPA regulatory requirements_ The detection limit for the EPA 600 Method is <1% asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Rai, Ph.D., CIH Laboratory Director NVLA TESTING G WAR LAB CODE 1Q176B•G 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 155 of 647 eurofins ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 200 E Mullan LAB CODE: B245910 TEST METHOD: EPA 6001 R93 / 116 and EPA 6001 M14-82 / 020 REPORT DATE: 03128/ 4 TOTAL SAIV1PLES ANALYZED: # SAMPLES >1 ASBESTOS: 10 5 730 SE Maynard Road • Cary, NC 27511 481.1413 Page 156 of 647 �eurofins CEI Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 200 E Mullan LAB CODE: B245910 METHOD: EPA GOO J R93 / 116 and EPA 600 ! i414-82 ! 620 Client ID 001 002 Layer Lab ID Color F32459111131 Bleck,+M7ite B245.910,02 Black, bile 003 B245910.03 Black 004 B245910.04 Mack Sample Description Pulled Loafing Rolled Roofing Flashing Tar Flashing Tar ASBESTOS 1 None Detected None Detected Chrysotile 10141 Chrysotite 10% 005 B245910.05 Rink Parapet Tar Chrysotite 10% 006 B245910.05 White Window Glazing Chrysotiie 5% 007 B245910.07 white Window Glazing 008 a245910.08 VUMite, rey E=xierierSkim None Detected 009 B2459110,09 Wnite,Gray Exterior Skim None Detected 010 B245910.10 Vviiite,Gray Exterior Skim None Detected 730 SE 'Maynard I-oad • Cary, NC 27511 • 919_481.1413 Page 1 of 1 Page 157 of 647 • eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Ot€ent: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 200 E Mullah Lab Code: B 469/0 Date Received: 03-26-24 Date Analyzed: 03-28-24 Date Reported: 03-28-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous °!o 001 E2.•1910.'7.1 002 I3245910.02 Rolled Roofing Rolled Roofing 003 Flashing Tor B245910.03 Heterogeneous Black,hlte Fibrous Bound 50% Cellulose 40' Tar 10% Gravel None Detected Heterogeneous Black:Mite Fibrous Sound Cellulose 40% Tar 10% Gravel None Detected Heterogeneous 15% Fiberglass 70% Tar Black Fibrous Bound Cellulose 10% Chrysotile b04 824591 0_04 Flashing Tar Heterogeneous 15% Fiberglass 70% Tar Black 5% Cellulose Fibrous Bound 00S B245914_05 Parapet Tar Heterogeneous Black Fibrous Bowed g0% Tar 10°% Chrysetile 10% Chrysotilo 006 Window Glazing Heterogeneous g5% Binder B245910.06 White <1% Paint Fibrous Bound 007 Wndow Glazing Heterogeneous 95% Binder B245910.07 White <1% Paint Fibrous Bound 5% Ch rysotile 5% C}irysotile 730 SE Maynard Road • Cary. NC 27511 • 919.481.1413 Page 1 of . Page 158 of 647 %....eurofinsn CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MiROCOPY Clien : i iawkeye Environmental Lab Code: B 459'1O 814 Wood Lily Road Date Received: 03-26-24 Solon, IA 5333 Date Analyzed: 03-28-24 Date Reported: 03-28-24 Project: City of Waterloo, 200 E Mullan ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS Lab ID Description Attributes Fibrous Non -Fibrous ASBESTOS °f4 008 B24591 Q.08 Exterior Shim Heterogeneous k�lh ite,G ray Non -fibrous Hound 55% Binder 30% Silicates 5% Paint None Detected 009 B 245910.00 Exterior Skim Heterogeneous tM ite,r.3 V Non-iibraus Bound t95% Binder 30% silicates 5% Paint None Detected 010 B245910.10 Exterior Skim Heterogeneous WhiterG ray Non -fibrous Bound 65% Binder 30% Silicates 5% Paint None Detected 730 SE Maynard Road • Gary, NC 27511 # 919,48i1.1,113 Page 2 of 3 Page 159 of 647 f eurofins1 CEI LEGEND: Non-Anth = Non-Ashestiform Anthophyllite Non-Trern = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate IVIETHOD: EPA 600 / Rg f 116 and EPA 6001 M4-a / 020 REPORTING LIMIT: <1% by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0,25 by 400 Points or 0_1°l, by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBS) such as vinyl floor tiles can be difficult to analyze via polarized Tight microscopy (PLM)_ EPA recommends that all NOES analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Tease note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated m :asur'earenf of uncertainty is available DTI request. This report relates only to the samples tested ar analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI, Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytica! results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition finless otherwise noted. This report may not be used by the client to claim product endorsement by I IVLAP or any other agency of the U.S. GovernMent. Information provided by customer includes customer sample ID and sample description. ANALYST; NVLA4I TESTING NVLAP LA8 CODE 1172- APPROVED BY: Zane Heinz ` Tianbao Bal, Ph.D., CIH Laboratory Director 730 SE Maynard Road • Crary, NC 27511 • 919.481.1413 Page 3 of 3 Page 160 of 647 eurofins CEI 730 5E Maynard Road, Caiy, NC 27511 Tel: 866-481-1 112; Fax: g19-481-1442 CHAIN OF CUSTODY LAB USE DNLY, CEI Lab Code: CEI Lab I.D. Rane: COMPANY /NFORMATION PROJECT INFORMATION CEI CLINTE##: Join Contact. Company. Hawkeye Environnnental Email i Iel; Adclrf,s: 814 wood lily road, Solari, IA 523:3'3 Proiecl Name: City of Waterloo Project IN: 200 E Mullen Email: ody HawkeyeEnv,com PO #: Tel: 319-930-8044 Fax: STATE SAMPLES COLLECTED IN: IA ED STANDARD 3 DAY TAT APPLIES. ASBESTOS METHOD I TURN AROUND TIME 4 #IR 8 HR i DAY 2 DAY 3 DAY 5 DAY_ r LNI SULK EPA CGu _ 0 E Li r. • PLM POINT COUNT (400) EPA 6D0 L 1 0 n L1 •_ Li PLM POINT COUNT !liT3 E EPA 600 1 CI • Li • I PLi 1 GRAV w POINT COUNT EPA 600 L7 Q E PLM BULK GARS 435 M M MI I■ PCM AIR NIOSFE 7400 M M M M L M M TEM AIR EPAAliERA M M TEM AIR NIO!FI7402 • - M M Ll TEM AIR (PCb1E) iso 10312 ri El ■ [IMI1� TEM AIR AST M6281-16 M Q E E 1E10 WAX CHATFIELD i ■ M MI TEM DUST WIPE ASTM D6,160-.05 (2.0!a • ■ . Q 0 TEM DUST MICROVAC AS1M 135755-09 (21)1,1} El I. - - — l] n LJ ■ TEM SOIL AS1M D7521-16 MID T1 M VERMICULITE CINCINNATI ME.TKOD MI TEM QUALITATIVE EN -HOUSE METHOD 0 - 0 OTHER: M M M El 'ale,rk9 shovfd ha !ad en from to same sarnr+en J7t ,7n field sn rti'!rS REMARKS / SPEC[AL INSTRUCTIONS: • Accept Samples M Samples Rejec! Relinquished By: DateITime Rer.eive4 Ey' OatefTime �� e 3/22/24 (4 ## s 5 •)-(f' ,),( i 1 a_r- Samples will be disposed of30 days after analysis Page of s sas s g31 Version; CCOC-01-18,1I2:LD Page 161 of 647 "go eurofins CEI SAMPLING FORM COMPANY CONTACT INFORMATION _ - compnny: Hawkeye Envifonmental Job Contact' Project Name; Project ID #; Te[. SAMPLE ID# DESCRIPTION I LOCATION VOLUME/ AREA ` TEST 001 rolled roof PLh.1 [ . T'EM J I 002 rolled roof TEM F 1 PLM 1 i 003 flashing tar 1 TEM PLM 1 I 1 1 004 flashing tar PLM I——17EM 1 I 005 parapet tar TEM PLI11 1 F I I 006 window glazing — PLM P I TEM ! I 007 window glazing TEM P[,M 1 1 [ 1 008 exterior skim PLM 1 1 TEM r-1 009 exterior skim TEM PLM I [ 1 010 exterior skim PLM ! 1 TEM [ 1 TEM PLM 1 I TEM PLM 1 1 1 PLM 1- - -1 TEM 1 1 _ PLM M TEM 1 1 PLM I I TEIV1 1 1 TEM PI.M 1 ! PLM 1 1 TEM 1 1 TEM PLM 1 PLM 1 1 TEM [1 TEM PLM 1 ! I] PLM 1 1 TEM I I PLM 1 1 TEM I-1 PLM 1 1 TEM 1 I i PPIA. i 1 TEM 1 I PLM 1 1 TEM 1 I TEM (1 PLM C1 PLM M TEM 1 I TEM [--1 PLM MN Page o[ Version' CCOC.01,18.21210 Page 162 of 647 ca 4 a) r4i 44-4 0 0 c4 iM= Page 163 of 647 Page 164 of 647 '2VKEYE ENVIRONMENTAL E1�IVII1%111E1%1T�L ASBESTOS INSPECTION REPORT 1202 Sycamore Street Waterloo* IA Project Report Dated: April 8th, 2024 City of Waterloo Page 165 of 647 LC°ENVIRONMENTAL HAWKEYE I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 1 DATE OF INSPECTION 4, FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY City of Waterloo Page 166 of 647 VKEYF T ENVIRONMEN AL Mi ! 1 -- 1%11 1M1%1T L A, ASBESTOS INSPECTION REPORT DATA 1. LOCATION 1202 Sycamore Street Waterloo, Iowa 2. CLIENT CONTACT Aric Schroeder City Planner City of Waterloo, Iowa 3. DATE(s) OF INSPECTION March 21, 2021 4. FIRM PERFORMING INSPECTION I1awkeye Environmental 814 Woof Lily Road Solon, IA 52333 5, LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CE] 730 SE Maynard Road Cary, North Carolina, 27511 6, LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 10 025 City of Waterloo Page 167 of 647 Z?VKFYE ENTAL ENVIRONM ��Ft�IVI NIIA1. B. SCOPE OF WORK Methods and Procedures: The property located 1202 Sycamore Street, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with N ESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols, Representative samples of suspect building rnaterials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Eight Microscopy (PLM) with dispersion staining, as described in 44 CFR Part 763 and NESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. if further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). sample analysis was performed by Eurofins CEI. Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR -Air Quality Division. Tom.Wuehr@DNR.lowa.gov DNR.lowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.iowadnr.goviair/proflashestosiasbestos.htrni City of Waterloo Page 168 of 647 2?VKEYE ONMENTAL ENVI E 1%1 11 �1 i 1 E !�! TA INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed and asbestos survey for the project referenced above. it is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. This survey intends to determine if any of the materials with potential for disturbance are asbestos - containing. The structure is a vacant residential property. The property is in poor condition for its age and state of use. Roof or roofing; systems were sampled and included in this report A representative number of samples were collected from all suspected asbestos building materials. City of Waterloo Page 169 of 647 VKEYE NVIRONMEN-r Ack IL- C. SUMMARY OF ASBESTOS BUILDING MATERIALS 1202 Sycamore Street Surfacing Materia s Material None Description Material [lust Paper Location Quanti Thermal Systems nsulatlnn description Location Gray Casement went boats R in walls il�liscl=llaheous Materials Material Linoleum (with mastic} Mastic (on wall with faux brick) Chimney Tar Description Cream Black Black cant€t R6ants&170LF Location 9st fi bath & hall Living room wall Root Quantity 250 SF 120SF l <10LF Quantities supplied are estimates. Contractors must field verify all material quantities, locations and conditions. City of VVaterloo Page 170 of 647 VKEYE ENVIRONMENTAL E1�1N,1 R 1�11 I E N! r A L BULK SAMPLE ANALYSIS 1202 Sycamore Street Waterloo, Iowa City of Waterloo Page 171 of 647 •% eurofins March 28, 2024 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 1202 Sycamore St CEI LAB CODE: B245911 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on March 26, 2024. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1 asbestos are considered asbestos -containing materials (AGMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is < 1 % asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., GIN Laboratory Director NVLA� TESTING N4LAP LAB CODE 101768-0 730 SE Maynard Road • Gary, NC 27511 • 919,481.1413 Page 172 of 647 eurofins CEI ASBESTOS ANALYTICAL REPORT T By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of UVaterloo, 1202 Sycamore St LAB CODE: B 45911 TEST METHOD: EPA 6001 R931 116 and EPA 600 ! M4-8 10 0 REPORT DATE: 03128/ 4 TOTAL SAMPLES ANALYZED: 20 # SAMPLES >1% ASBESTOS 5 730 SE Maynard Road' Cary, NC 27511 ' 919.481.1413 Page 173 of 647 u rofi n CE1 Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 1202 Sycamore St LAB CODE: B245911 METHOD: EPA 600 I R93 116 and EPA 6001 M4-82 f 020 Client ID Layer Lab ID ASBESTOS 1 Color Sample Description 001 002 B245911.01 Black Shingle B2459i1.02 Black Tarpaper 003 B245911.03 Black Chimney Tar 004 B245911,04 Brown Blown Insulation None Detected None Detected Chrysotile 10 None Detected 005 B245911.05 White Drywall None Detected 006 13245911,08 White Tape None Detected 007 8245911.07 White Joint Compound None Detected 09 13245911.08 White Join Compound None Detected c09 6245911.09 While,l3rown Mndow Glazing None Detected 010 Layer 1 11245911.10 White,Tan Texture None Detected Layer 2 0215911,10 White Plaster Skim Coat None Detected Layer 3 B245911.10 White Plaster Base Coal None Detected 011 Layer 1 B245911.11 While,Gray Plaster Skim Coat None Detecled Layer 2 B245911,11 White Plaster Base Coat None Detected 012 Layer 1 B245911.12 While.Tan Texture None Detected Layer 2 B245911.1 2 White Plaster None Detected 013 Layer 1 B245911.13 White Te dure None Detected 014 B245911.14 Brown Vapor Barrier None Detected 015 B245911.15A Black,Fted Sheet Flooring None Detected 824591E_15B Brown,Black Mastic None Detected 016 B245911.16A Beige Linoleum Chrysotile 20% B245911.1613 Brown Mastic ChrysotIle 3% 017 B245911.17 Back Brick Adhesive Chrysotile 3% 018 Layer 1 B215911.18 Tan Plaster None Detected Layer 2 B245911.18 Beige evmentitious Material None Detected 019 13245911.19 White Duct Paper Chrysotile 60% 020 B246911.20 Stook Sink Coating None Detected 730 SE Maynard Road t Cary. NC 275-11-919.481.1413 Facia 1 of 1 Page 174 of 647 eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZ11,.1G LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, fA 52333 Project: City of Waterloo. 1 202 Sycamore St Lab Code: 13245911 Date Received: 03-26-24 Date Analyzed: 03-28-24 Date Reported: 03-28-24 ASBESTOS BULK PLIV1, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS Lab ID description Attributes Fibrous ton -Fibrous 041 Shingle Heterogeneous 30% Fiberglass 60% Tar B245911.01 Black 10S• Gravel 002 B2451 1.02 Tarpaper Homogeneous 70% Cellulose 30% Tar Black Fibrous Bound ASBESTOS °!a None detected Nune Detected 003 B245911.03 Ghimriey Tar Homogeneous Black Fibrous Bound 90% Tyr 10% Chrysotlle 004 B245911.04 Blown Insulation Homogeneous 100% Cellulose Brown Fibrous Loosely Bound None Detected 005 B245911.05 L}rywali I heterogeneous Mite fibrous Bound 006 B245911.06 Tape Homogeneous Mite Fibrous Bound 15% Cellulose SO% Gypsum 5% Fiberglass 8[}% Cellulose None Detected 10% Binder None Detectod 007 B245911,07 Joint Compound Heterogeneous White Non -fibrous Bound 60% Binder 35% Cale Carb 5% Paint Nano. r]otocted 0OB Joint Compound Heterogeneous 60% Pander I3245P11.08 White 35% Calc Carb Non -fibrous 5% Paint Bound Nuna Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 5 Page 175 of 647 4.keurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Ha£wkeye Environmental 814Wood Lily Road Solon, ]A 52333 Project: City of Waterloo, 1202 Sycamore St Lab Code: 13245,311 Date Received: 03-26-24 Date Analyzed: 03-6-24 hate Reported: 03-8-4 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ]D Description Attributes Fibrous Non -Fibrous °!o 00B Window GIa?ing Heterogeneous 2% Talc 7€3`! Finder n245f311.r19 VVhite,Efrowf 15% Calc Cart Non. fibrous 5% Paint Bound None Detected 010 Layer 1 B245911,10 Texture Heterogeneous 60% binder White,Tan 35% Colo Carb Non -fibrous 5% Paint Bound None Detected Layer 2 Plaster Skim Coat Homogeneous 70% Binder B245911.10 White 30% Silicates Nosy -fibrous Bound None Detected Layer 3 Plaster base Coat Homogeneous <1% Cellulose 65% Silicates B24 i911.10 (site 35' Binder Fibrous Bound None (Detected 011 Layer 1 B245911.11 Plaster Skim Coat Heterogeneous 'Mrite,Gray Nan -fibrous Bound f 7% Binder 30% Silicates 5% Paint None (Detected Layer 2 Piaster Base Coat (Homogeneous <1% Cellulose 85% Silicates B245911.11 Waite 3,5% Binder Fibrous Bound None Wonted 012 Layer 1 B245911.12 Texture Heterogeneous 85% Ca lr Carla VUYIite,Tan 10% Foam Non -fibrous 5% Paint Bound None Detected 730 SE Maynard Road • Cary, NC 27511 - 919,481.1413 Page 2 Page 176 of 647 * eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Protect: City of Waterloo, 1202 Sycamore St Lab Bode: B245911 Date Received: 0-6-4 Date Analyzed: 03-28-24 hate Reported: 03-28-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Nora -Fibrous 9 Layer 2 B245S1 1.12 Plaster Homogeneous <1% Cellulose White Fibrous Bound 65% Silicates 35% Binder None Detected 013 Layer 1 B245911,13 Texture Notarogeneous White Non -fibrous Cound 1(1% Cale Garb Foam Paint None Detected 014 B245911.14 Vapor Barrier Homogeneous 80% Cellulose 20% Binder Brown Fibrous Bound None Detected 0155 Sheet Flooring Heterogeneous 30% Cellulose 50% Vinyl B245911.15A Blach,Red 20% Tar Fibrous Bound None Detected fr24511.15Ei Mastic Heterogeneous 5% Cellulose E% Mastic Brown, Black Non -fibrous Sound Unable to separate brown and black mastic None Detected 016 Linoleum Heterogeneous 30% Cellulose 50% Vinyl B245911.16A Beige Fibrous Sound 20% Chrysotile 8245€111.1.6R Mastic Homogeneous $fawn Non -fibrous Bound Analyst opinion: Contamination from adjacent linokewn 47% Mastic 3% Chrysotiie 730 SE Maynard Road • Cary, NC 27511 • 919,4P1,1413 3 " 5 Page 177 of 647 eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Ha keye Environmental 814 Wood lily Road Solon, IA 6333 Project: City of Waterloo, 1202 Sycamore St Lab Code: B245911 Date Received: 03-26-24 Date Analyzed: 03-28-24 Date Reported: 03-28-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab JD Leib Description Lab Attributes NON -ASBESTOS COMPONENTS Fibrous Non -Fibrous ASBESTOS fl� 017 B245911.17 018 Layer 1 E245911.18 Brick Adhesive Homogeneous Black Nan -fibrous Bound cr796 Tar 3% Chrysotile Plaster Heterogeneous Tan Non -fibrous Bound 60'% SNicatos 35% Binder 5% Paint None Detected Layer 2 Cementltious Material Homogeneous 70% Silicates B245011,18 Beige 30% Binder Non -fibrous Bound None Detected 019 B2459i-1,19 Duct Paper Homogeneous 25% Cellulose 15% Binder While Fibrous Bound 64"k Cbrysotile 020 B245911.20 Sink Coating Homogeneous Black Non -fibrous Bound 2(}% Cellulose 80% Binder None Detected 730 SE Maynard Road • Gary, NC 27511 • 910.481.1413 Page 4 of 5 Page 178 of 647 eurofins CEI LEGEND: Non-Anth 4 Non-Asbestiform Anthophyllite Nan-Trem = Non-Asbestiform Tremolite alc Garb = Calcium Carbonate METHOD: EPA 600 ! R93 f 116 and EPA 6001 14-821020 REPORTING LIMIT: <1 % by visual estimation REPORTING L€MIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1% by 1,000 Points REGULATORY LIMIT: >1°%% by weight Due to the limitations of the EPA 600 method, r onfriable organically hound materials (NOBS) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NO8s analyzed by PLM, and found not to contain asbestos, he further analyzed by Transmission Electron Microscopy (TEM)_ Please note that PLM analysis of dust and sail samples for asbestos is not covered Linder NVLAP accreditation. Estimated measurement of uncertainty is available on request_ This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEL Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted_ This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample [b and sample description. ANALYST: APPROVED BY: Lauren Schultz Tianbao E3ai, Ph.D., CIF! Laboratory Director ,S,stv,\,A Scoltl.Minyard NVLA4I TESTING NYLSP LAB 046E 10171584) 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 5 of 5 Page 179 of 647 4.7Ye- eurofins CEI 73L SE Maynard Road, Cary, NC 27511 • Trl: 506-481-1412; Fax; 91R-481-1442 CHAIN OF CUSTODY LA 6 IJSE ONLY: CEI Lab Code: 'airqz5C\ CEI Lab I.D. Range: COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT #: Job Contact: Company; Hawkeye Environmental Ernail! Tel; Address: 814 wood lily road, Solon, IA 52333 Project Name: City of Waterloo Project IDN: 1202 Sycamore St Email: adyHawkeyeEnv.com Pow: Tel: 319- 30-8044 Fox' STATE SAMPLES COLLECTED IN: IA - l'F TAT IS NOT MARKED STANDARD 3 DAY TAT APPLIES. ASBESTOS - METHOD TURN AROUND TIME 4 HR B HR 1 DAY 2 DAY 3 DAY 5 DAY PLM BULK EPA600 M M 0 G 0 PLM POINT COUNT (400) EPA &XI LI El iJ El 0 El _ PLM POINT COUNT (1000) EPA 600 0 Q M M • PLMGRAVwPOINT OOUNT EPA6t10 •• .0 - 0 - L -- PLM BIJLIC CARD 435 M 0 ■ MI M PCM AIR1 NIOSH 7400 0 • II MI Q TF,M AIR EPA AHERA 0 Q 0 0 d M TEM AIR NIOSH 7402 M 0 M i■ M 0 TEM AR (PCME) ISO 10312 III Ll 0 Q ■ • TEN1 AIR ASTM 6281-15 El ID ❑ 0 1 _ 0 TEM BULK 1 CHATFIELD 0 I■ Q ! IN TEM DUST WIPE ASTM Di6D5 Rol a} • 0 E - m • Q 7 E M OIJ T MICROVAC ASTM n5755.09 Mu* 0 0 0 • • 0 TEM SAIL ASTM D7521-16 • m Q Q • • TEM VERMj ICULITE 1 CINCINNATI METHOD - M M Q • TEM QUALITATIVE J IN-HOUSE METHOD _ M Q 0 ❑ ❑ OTHER. • ! -@&auks shouted be taken f . I I the seuir sPrnR'e rotas Piero' samp.'es. REMARKS f SPECIAL INSTRUCTIONS: cept Samples Reject Samples Relinquished By: DateTTime Received Ey: DateTTime e.,0,1711712-1-41-44,7 j Samples will be disposed of 30 days afier analysis Page of ! on: CCOC.01.16.1/2.LD Page 180 of 647 eurofins CEI SAMPLING FORM M COMPANY CONTAGT INFORMATION corn pany H wke}+e Env ronrronta. ,Job Contact: Project Name; Project I O #: T Tel: SAMPLE Ibf DESCRIPTION !LOCATION VOLUME/ AREA TEST 001 shingle PLM f—I 'E M j - — 002 far paper PLM 1 I TEM 1 I 003 chimney far PLM I —I TEM f i 004 blown insulation PLM L t TEM 1 I 005 drywa1l (3rd floor) PLM f I TEM I— I 006 tape PLIvt M TEM 1 I 007 joint camp❑uncle PI r41 1-7 TEM L L I 008 joint compound (1st bath hall) PLM 1 1 TEM 1 I 009 Window glazing PLM I 1 TEM L 1 U 10 plaster (l st fl) PLM 1 1 TIM f ! 011 plaster {kitchen} PLM r I TEM C� 012 plaster (end) PLM [1 TEfi1 L_. 01 a spray texture {1st [a3 bath) PLM 1 1 '1 EM I J 014 vapor barrier (trndr siding) PLM f l TEM I 1 015 sheet floor (kitchen) PLM 1 f TEM I 1 016 linoleum (bathroom) PLM TEM [_I 017 brick adheskva (living room wall) PLM 1 1 TEM I 1 018 foundation skirn PLM = TEM r r 1 019 duct paper r'Lra1 1 1 TEM I 020 sink coaling PI.M f .7 TEM r 021 PLM El I TEM [i] 022 PLM 1 1 TEM 1 I 023 PIM 1 1 TEM f 1 024 PLM 1 1 1 TEM = PLM j I TEM I 1 PLM r j TEM [_J PLM I— I 'TEM I 1 PLM I— 1 TEM [ J Page tit Version; CCOC,01.18.2/7.! n Page 181 of 647 Page 182 of 647 2n.d floor register 2nd floor register Page 183 of 647 Ffj 4J 0 Page 184 of 647 Page 185 of 647 VKEYE ENVIRONMENTAL Mill 11 1%i1 1 E1.1T ►L ASBESTOS INSPECTION REPORT 100 Commercial Street Waterloo, I Project Report Dated: April 8th, 2024 City of Waterloo Page 186 of 647 HAVVKEYE ENVIRONMENTAL I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2, CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF 1NORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS j CHAIN OF CUSTODY City of WaterIoo Page 187 of 647 SHAWKEYE ENVIRONMENT Er.jvimi 1 1ENrr-AL A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION 100 Cornrnercial Street Waterloo, Iowa Z. CLIENT CONTACT Aric Schroeder City Planner City ofWaterfoo, Iowa 3. DATE(s) OF INSPECTION March 21, 20?_ 1. 4. F1RM PERFORMING INSPECTION I-tawkeye Environmental 814 Wood Lily Road Solon, IA 52333 5, LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code! 103025 ' City of Waterloo Page 188 of 647 2?VKEYE ENVIRONMENTAL E J I I NI E NJ 1 L B. SCOPE OF WORT{ Methods and Procedures: The property located 100 Commercial Street, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. of further analysis and quantification is warranted, this analysis is performed by EPA 600/-93/i.16 with 400 or 600 Point Count Procedure, Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEA). Sample analysis was performed by Eurofins CEI. Eurofins is accredited by the rational Institute for Standards and Technology for Polarized Light IV1icroscvpy analysis under their ,NEAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR - Air Quality Division. Tom uehr DNR.Iowa.515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DN R website at: http://www.lowadnr.goviair/prof/Grsbestasiosbestos,htnif City of Waterloo Page 189 of 647 Z2VKEYE ENVIRONMEN 1%1 1 AI 1%11 1 I J 1 L INSPECTION NOTES In accordance with your request and authoriatiorr Hawkeye Environmental, LLB has performed and asbestos survey for the project referenced above, It is our understanding that the subject property will be demolished, Demolition has the potential to disturb all building materials. This survey intends to determine if any of the materials with potential for disturbance are asbestos - containing. The structure is a commercial property which is vacant, The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspect asbestos building materials. Ci#y of Waterloo Page 190 of 647 HAWKEYE M 1 1 f 1 Pt CI 1%1 loll E 1S11 1"' A C. SUMMARY OF ASBESTOS BUILDING MATERIALS 100 Commercial Street Surfacing Materials Material Non e Material Description Location Thermal Systems Insulation Description Material Location Quantity Miscellaneous Materials Description Window Glazing; Gray Tar co. drip edge ` Black Quantity Location Shop windows Hoof Perimeter Quantity 3 Windows 140 SE Quantities supplied are estimates. Contractors must field verify alf material quantities, locations and conditions. J City of Waterloo Page 191 of 647 Z1VKEYE ENVIRONMENTAL E % f 11 1%1 Iv1 E 1� F A L BULKAMPLE ANALYSIS 100 Comrnercial Street Waterloo, Iowa City of Waterloo Page 192 of 647 • eurofins CEI March 29, 2024 I-Iawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 100 Commercial St. CEI LAB CODE: B246003 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at o•ur laboratory on March 27, 2024_ The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1°%a asbestos are considered asbestos -containing materials (A Ms) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1% asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director 0 NVLA4I TESTNG iMAP LAB CODE II76B 730 SE Maynard Road • Cary, NC 27511 • 19.481.1413 Page 193 of 647 .•: eurofins CEI ASBESTOS ANALYTICAL REPORT i T By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 100 omrnerciai St. LAB CODE: B246003 TEST METHOD: EPA 600 / R / 116 and EPA 600 ! M4-82 ! 020 REPORT DATE: 03/29/24 TOTAL SAMPLES ANALYZED: # SAMPLES >1% ASBESTOS: 11 3 1 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 194 of 647 •• eurofi s CEI Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 100 Commercial St. LAB CODE: B246003 METHOD: EPA 644 J R93 / 116 and EPA 600 Jr NC4-8 f 020 ASBESTOS Client ID Layer Lab ID Color Sample. Dcscriptior1 9ro 010 f3246003_U1 Black Roof Field None Detected 011 Layer 1 B246003.02 Black Roof Field None Detected Layer 2 B246003.02 Black Roof Field None Detected Layer 3 B246003..2 brown Insulation None Detected 012 Layer 1 B246003.03 Brack Flashing None Detected Layer 2 B245003.03 Brack Flashing None Detected 013 B246003.04 [Slack Flashing Nane Detected 014 B246003.05 81ack Tar Chrysotile 5% 015 824600106 Black Tar None Detected 016 B246003.07 3ray,White Window Glazing Chrysotile 2% 41.E 8246043.08 Gray,Wrnite Vifindow Glazing Chrysotile 2% Q1 S B246003.09 Mite Window Caurking None Detected 019 B246003.10 Gray Caulking None Defected [320 [3246003.11 While Caulking None (Detected 73(1 SE Maynard Road • Cary, NC 27511 • 919 481 1413 Page 1 Uf 1 Page 195 of 647 4,4,eurofins I CEI ASBESTOS BULK. ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: I-lawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo: 100 Commercial St. Lab Code: B246003 Date Received: 03-27-24 Date Analyzed: 03-29-24 17ate Reported: 03-29-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab ICON -ASBESTOS COMPONENTS ASBESTOS 'Lab ID Description Attributor Fibrous Non -Fibrous °lo 010 B246003.01 Roof Field Homogeneous Black Fibrous Bound 60% Fiberglass 40% Tar None Detected 011 Layer 1 B2460.03.02 Roof Field Homogeneous 60% Fiberglass 40% Tar Black Fibrous Bound Nona detected Layer 2 Roof Field Homogeneous 60% Cellulose 40% Tar None Detected B2460M.02 Black Fibrous Bound Layer 3 B240003.02 Insulation Homogeneous 100% Cellulose None Detected Brown Fibrous Bound 012 Layer 1 E32iit00a03 Flashing Homogeneous 15is Fiberglass 85% -far None Detected Black Fibrous Bound Layer 2 Flashing Homogeneous 15% Cellulose 85% Tar None Detected B246003.03 Black Fibrous Sound 013 Flashing Homogeneous 15% Fiberglass 85% Tar None Detected B246003.04 Black Fibrous Bound 73Q SE Maynard Road t Cary, NC 27511 • 91g.481.1413 Page 1 of 3 Page 196 of 647 eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 100 Comrrrerelal St. Lab Code: B246003 Date Received: 03-27-24 Date Analyzed: 03-29-24 Date Reported: 03-29-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab ID Description Lab Attributes NON -ASBESTOS COMPONENTS Fibrous Non -Fibrous ASBESTOS 9�6 014 Tor Homogeneous 10% Fiberglass 55 , Tar Black Fibrous Bound 5% C+�rysotilo 015 B245003.00 Tor liornogerrenus 15% Cellulose 135% Tar Black Fibrous Bound None Detected 016 4Mndow Glazing Heterogeneous B246.003.07 Gray,lArnite Non -fibrous Bound 5ff Binder 35% Cale Carb S% Paint 2% Chrysctile 017 Window Glazing Heterogeneous 58% Binder 8246003.08 Gray,Whito 35% Cale Carb Non -fibrous 5% Paint Bound 2% Chrysotlle 018 Window Caulking Homogeneous B246003.0 VUhita Nan -fibrous Bound 100% Caulk 019 B46003,10 Caulking Homogeneous Gray Nary -fibrous Bound 100% Caulk 020 B246003,11 Caulking Homogeneous White Non -fibrous Bound 1009 caulk None Detected None Detected None Detected 730 SE Maynard Road • Caryr NC 27511 • 919.481.1413 Pacie 2 of 3 Page 197 of 647 eurofins LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem Non-Asbestiform Tremolite Calc Garb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 ! M4••821020 REPOTTING LIMIT: <1 % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0-1% by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOf s) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM)- EPA recommends that all NOBS analyzed by PI_N1, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLN1 analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement or uncortainty is available on request. This report relates only to the samples tested or analyzed and may not ba reproduced, except in full, without written approval by Eurofins CEL Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretationof the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted- This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government Information provided by customer includes customer sample ID and sample description. ANALYST: 2421Y4411 Khrista Ph ` Tianbao Bai, Ph.D., CIH Laboratory Director NVLAp XEsfIJG NUP LAB CODE 1O1P- APPROVED BY: 730 SE Maynard Road • Cary, NC 27511 • 919--081.1413 Page 3 of 3 Page 198 of 647 eurofins CEI March 29, 2024 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 100 Commercial Street, Waterloo, IA CEI LAB CODE: B246004 Dear Customer: Enclosed are asbestos analysis results for PLi1 Bulk samples received at our laboratory on March 27, 2024. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1% asbestos are considered asbestos -containing materials (AGMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1% asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tranbao Bai, Ph.D., CIH Laboratory Director NVLA4Il" TESTING hWLAP LAB CODE 10176B. 730 SE Maynard Road • Cary, NC 27 511 + 1413 Page 199 of 647 ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 100 Commercial Street, Waterloo, IA LAB CODE: TEST METHOD: REPORT DATE: 8246004 EPA 600 1 R 3 / 116 and EPA 600 / M4-8 / 020 03/ 9/24 TOTAL SAMPLES ANALYZED: # SAMPLES :: 1% ASBESTOS: 9 2 730 SE Maynard Road + Cary, NC 27511 + 1413 Page 200 of 647 • eurofins Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 100 Commercial Street, LAB CODE: B246004 Waterloo, IA METHOD; EPA 600 I R93 ! 116 and EPA 600 f M4-82 f 020 ASBESTOS CI[ent ID Layer Lab ID Color Same Description 001 B246004.011 White, T an Drywall Board None Detected 002 B240004.02 Tan Drywall Tape None Detected 003 13246004.03 White Joint Compound Nona Detected 004 B246004.04 White,Tan Orywall Board None Detected 005 B246004.05 Tan Drywall Tape None Detected 008 B246004.06 Off-white Joint Compound -1321=1- 007 B246004_07 Tan Vinyl Base Adhesive None Detected 008. B246004.08 Purple Terrazzo None Detected 000 B246004.09 Tan Glazing Chrysotile 2% 730 SE Maynard Road i Cary, [VC 27511 • 919.481,114113 Page 1 of 1 Page 201 of 647 � eurofins CE1 ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lai) Code: B246004 814 Wood Lily Road Date Received: 03-27-24 Solon, IA 52333 Date Analyzed: 03-29-24 Date Reported: 03-29-24 Project: City of Waterloo, 100 Commercial Street, Waterloo, IA ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous °la 001 6246004.01 Drywall Board Heterogeneous 20°I Cellulose 80% Gypsum Noire Detected White,Ten Fibrous Bound 1 002 B246004.02 Drywall Tape Homogeneous 160% Cellulose None Detected Tan Fibrous Bound 003 Joint Compound Heterogeneous 65% Binder B246004.03 White 30% Calc Garb Non -fibrous 5% Paint Bound None Detected 004 Drywall Board Heterogeneous 20% Cellulose 8D% Gypsum Nono Detected B 246004.04 White.Tan Fibrous Bound 005 B246004.05 Drywall Tape Homogeneous 100% Cellulose Tan Fibrous Bound None Detected 006 Joint Compound Heterogeneous 63% Binder B246004.06 Off-white 30% Calc Carb Non fibrous 5% Paint Bound 2% Chrysotile 007 Vinyt Base Adhesive Homogeneous 100% Mastic B2460134.07 Tan Non -fibrous Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919,481.1413 Pagel at 3 Page 202 of 647 .• urofin • CF 1 ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MEROOPY Client: Hawkeyc Environmental Lab Code: B245004 814 Wood Lily Road Date Received: 03-27••24 Solon, !A 52333 Date Analyzed: 03-29-24 Date Reported: 03-29-24 Project: City of Waterloo, 100 Commercial Street, Waterloo, IA ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID DasCr ption Attributes Fibrous Nan -Fibrous 006 bit 0004.Ub Terre7zo Harnogerieous C.r7'in Binder Purple 5% Silicates Non -fibrous Bound 009 Glazing Heterogeneous 06% Binder B2443004.0.0 Tan <1% Paint Non -fibrous Bound None Detected 730 SE Maynard Road • Cary. NC 2751 i • 919_481.1413 Page 2 of 2 Page 203 of 647 • eurofins i CEI LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trern = Non-Asbestiform Trernolite Calc Carb = Calcium Carbonate METHOD: EPA 600 f R931116 and EPA 600 / M4-8 (0 0 REPORTING LIMIT: •=1% by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points ur 0.f% by ,000 Points REGULATORY LIMIT: >1* by weight Due to the (imitations of the EPA 600 method, nonfriable organically bound materials (NODS) such as vinyl floor tiles can be difficult to analyze via polarizod Tight microscopy (13L1V1). EPA recommends that all NOBS analyzed by PLM, and found not to contain asbestos, he further analyzed by Transmission Electron Microscopy (TEND. Please note that PLM analysis of dust and soil samples for asbestos is riot covered under NVLAP accreditation_ Estimated measurement of trnccrtainty is available on requef. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins GEL Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analyticai results is the sole responsibility of the client_ Samples were received in acceptable condition unless otherwise noted_ This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. information provided by customer includes customer sample ID and sample description_ ANALYST: e/ APPROVED BY: Zane Heiryz ` Tianbao Bai, Ph.f „ IH Laboratory Director NVLAI1 TESTING NVLA P LAB CODE 101766.0 730 SE Maynard Hoed • Cary, NC 27511 ' 919.481.1413 Page 3 of 3 Page 204 of 647 43,;!: eurofins CE1 730 SE Maynard Read, Cary, NC 27511 Tel: 866-481-1412; Fax: 919.481-1442 CHAIN OF CUSTODY LA n USE ONLY: •21-il CEI Lab Corte: { 0 CE1 Lab I.D. Range: COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT #: Joh Contact: Company: Hawkeye Environmental Email r Tel. Address: 814 wood lily road, Solon, IA 52333 Project Name:City of Waterloo Project tD#;100 Commercial St Email: CodyallawkeyeEnv.COrn POtP Tel; 319-930-8044 Fax: STATE SAMPLES COLLECTED IN: Iawa IF TAT IS NOT MARKED STANDARD 3 DAY TAT APPLIES. ASBESTOS METHOD TURN AROUND TIME _ 4 HR 8 HR 1 DAY 2 DAY 3 DAY 5 DAY PLM BULK EPA 600 G • l_ I E . -- Pirm POINT COUNT {400} EPAB00 • Q • Q Q PLM POINT COUNT 0000} EPA 600 Q • Lil [I U Q PLhi GRAY A' POINT COUNT EPA 600 Q - PLM !BULK CARES 435 Q • • • Q PCM AiR' NOSH 7400 D • Q Q • Mi - TEM AIR EPAA1-iERA LJ 0 • L • • TEM AIR NI051H 7402 • i • Q • • TEM AIR;PCMFI ISO 10312 • Q LI • n M TEM AIR ASTM B281-15 P • Q Q Q 0 T5FA 81JLK CHATF 1ELU -=:1 f • • M P1 TEM OUST WIPE ASTM 136486-05 (2010) Q Q Q • • • _ TEM DUST MlCROVAC ASTM 05755-G3 120.4] • • Q Q Q Q TEM SOIL ASTM D7621-16 - -Z I.-= • El TEMVFFiMICULITE CINCINNATIMCiFIOU • LD • • TEM QUALITATIVE iN-HOUSE METHOD - Q • Q . -- OTHER. Q Q • t P1 ■ • REMARKS 1 SPECAL INSTRUCTIONS: Idic Accept Samples ID Reject Samples Re/in rishad By: Datenme Received By; Date/Time 305/24 Samples will be disposed of 30 days after analysis age , 7 Version: CCOC,U1,'16-1J2.LD Page 205 of 647 eurofins CFI SAMPLING FORM COMPANY CONTACT INFORMATION Company. Hawkeye Environmental Project N rTae: Project ID 4'. Job Conlact Tel: SAMPLE ID# DESCRIPTION I LOCATION VOLUME/ AREA TEST _ 010 — _ roof field PLM TEM ri .Till 011 roof field PLM I I TEM I 01 lIashing PLM TEM I I I 013 — flashing PLM I ] 1I:M [— ] 014 lar ig drip edge PLM TEM I 1 1 1 015 uenl tar PE.M TEM I 1 1 1 016 window glazing PLM TEM F1 1 01.7 — window glazing PLM TEM 1 i 1 i 018 window caulking (s(orefront) PLM i i TEM 1 1 019 door caulking PLM TEM f [ 1 1 02if building caulking PLM 1—..[ TEM 1 E PLM TEM [ [ 1 [ PLM [ E TEM 1•—I PLM TEM [ 1 1 1 PLM BM TEM - F- 1 PLM TEM 1 1 1 1 PL ,i TEM I7 F1 PLM TEM f— —1 1 I PLM TEM [I 1 I PLM TEM [ 3 I PLM TEM [ 1 PLM TEM r E 1 i PLM j I FEM 1 I PLM TEM 1 [ 1 1 PLM 1-1 TEM I. I PLM TEM [ E I ] PLM 1 TEM 1 1 PLM TEM f. 1 [ 1 Page o1 Version: CCOC.01.18.2f2-LD Page 206 of 647 eurofins CEI 730 SE Maynard Road, Cary, NC 27511 Tel: ME-481-1412: Fax 919-481-1442 CHAIN OF CUSTODY LAB USE ONL Y, Q L/ CEI Lab Code; CE1 Lab I.D. Range: COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT #: 30261 Job contact: Steve Hennaberry company_ Hawkeyc Environmental Email/ Tel- 319-551-4441 Address' 814 Wood Lily Road Project Name: City of Waterloo Solon, IA 52333 Project IN: 100 Commercial Sire.et, Waterloo, IA Email: teVeJhawkeyeeflV,Coffl PO #: Tel: 319-333-7420 Farr: STATE SAMPLES COLLECTED IN: Iowa fFTAT lSNOT MARKED STANDARD3DAY TAT APPLIES. ASBESTOS METHOD TURN AROUND TIME 4 HR 9 HR 1 DAY 2 DAV 3 €SAY 5 DAY PLM BULK EPA60'v • • 7' n LI Lil D PLM POINT COUNT (400) EPA 604 M M M n D Ill PLM POINT COUNT f 1000} EPA 604 M D M I _.J D D PLM OWN wPOINrCOUNT EPA604 L i D M P1 D PLM BULK CAR B435 M M M D M PCMAIF' NlOSH7400 M M M D TEMAIR EPAAFIERA • • Li Li • D TEM AIR r IOSH 7402 M • I- ] LJ • D TEM AR 1PCME) ISO 14312 . DLi 701,4 AIR ASTM 6241-15 D D D • • D TEly1 BL}LI{ CHATFIELD , , d 0 D LJ • D TEM f7LIST 4 IPE ABM D6490-45 f2010] ID Q D I■ M El TEt,1 DUST MiCPOVAC ASTM D5755.0912014F D D ElD D D TEM SOIL ASTM 07521-16 .: { 1.19 d . - !' _ 0 M I■ Li 'EPA VhRMFCULITE CINCINNATI METFi04 ■ M M D TEM QUALITATIVE IN-HOUSE METHOD ■ IN 0 0 M OTHER: • D D D 0 D Tfxnkx.Nhouhl Oe wen from S.10104E rot as feed s a raves. REMARK / SPECIAL INSTRUCTIONS: 0- Accept SarnpFes Reject Sarnpies Relinquished By; Date/Time _ Received 13y: DaterTime Steve Henneberry 03.125.124 3 ilri q:L/D Samples will be alisp as ed of 30 days after analysis 77 5Z 31416 Page 1 of 2 Version: CCOC,01.18-1121D Page 207 of 647 eur fins CE1 SAMPLING FORM COMPANY CONTACT INFORMATION Company: HaWkeye Environmental Job Contact: Sieve Hennebcrry Project Name- Proiect ID #: Tel. SAMPLE ID# DESCRIPTION f LOCATION VOLUME! AREA TEST - 001 Drywall Board (Waiting Area) PLM I • 1 TEM I I 002 Drywall Tape (Walking Aron) PLM E 1 TEM 1 I 003 Drywall Joint Compound (Waiting Area) PLM TEM ( 1 I I 004 Drywall Board (Shop) PLM T1-M = 005 Drywall Tape (Shop) PLM TEM 1 1 I I 006 Drywall Joint Compound (Shop) PLM TEM I l I 1 00? Vinyl Base Adhesive PI.M TEM 1 J _] 008 Terazzo Flooring (Wailing Area) PLM M TEMPI I 1 00J Glazing {Sh•op ? S Steel Windows) PLM 11 TEM I 1 PLM 1 1 TEM I —I PLM I I TEM PLM TEM 1 1 [1 PLM 1 1 TEr49 I 1 PLM L = 1 TEM E 1 PLM 1 1 TEM 1 1 PLM TEM L 1 t ] PLM 1 1 TEM 1 1 PLM ThM I— I — PLM 1 1 TEM 1 1 PLM 1 BM F7 I— PLM ( I TEM 1 I PLEVI TEM —] t J PLM i TEM I I PLM II TEM I 1 — PLM NM TEM ! PLM TEM MM NM PLM 1 1 TEM I PLM TEM ME1 1 j Pa.,n 2 or 2 Version: CCOC.01.18-2)2.LD Page 208 of 647 Shop Windows Tar drip edge around roof perxxeter v 4- 0 c Page 209 of 647 L1/KEYE ENVIRONMENTAL E 1%1 1 F 1�11 e iv 1J L ASBESTOS INSPECTION REPORT I T 118 Sycamore Street Waterloo, IA Project Report Dated: April 8thi 2024 City of Waterloo Page 210 of 647 &?VKEYE ENVIRONMENT E 1�1 1 F C N11 i E N11 L I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY City of Waterloo Page 211 of 647 VKEYE ENVIRONMEN E 1%1 11 NI A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION 118 Sycamore Street Waterloo, Iowa 2. CLIENT CONTACT Aric Schroeder City Planner City of Waterloo, Iowa 3, DATE(s) OF INSPECTION March 21, 2021 4, FIRM PERFORMING INSPECTION Hawkeye +e Env ronrnenta1 814 Wood Lily Road .Solon, IA 52333 S. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 2751.J. 6, LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 103025 City of Waterloo Page 212 of 647 HAWKEYE ENVIRONMENT/�►L B. SCOPE OF WORT{ Methods and Procedures: The property located 118 Sycamore Street Waterioo Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of .suspect building materials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by Eurofins CEI, Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP ( National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACI3M)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Torn Wuehr, Iowa DNR - Air Quality Division. Torn.Wuehr@DNR.Iowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://wwwdowadnr.goviairiproffosbestosiosbestos.html ity of Waterloo Page 213 of 647 2?VKEYE ENVIRONMENTAL E�1N,1 F 1%11V1 1%1T L INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed an asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished_ Demolition has the potential to disturb all building materials. This survey intends to determine if any of the materials with potential for disturbance are asbestos - containing. The structure is a vacant commercial property. The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspected asbestos building materials. A large portion of the interior of this building has collapsed. A pre -bid walkthrough of the property is highly recommended so site conditions can be considered. City of Waterloo Page 214 of 647 (JVKEYE ENVIRONMENTAL E Ili N, I 1� 11 E 1%1 Tom► L, C. SUMMARY OF ASBESTOS BUILDING MATERIALS 118 Sycamore Street Surfacing Materials Material N one Description Location Thermal Systems Insulation Material Description Location Quantity Miscellaneous Materials Quantity Material DDrwal4 Joint Compound Roof Flashing Roof Field Window Glazing Panel Adhesive Description Whiterfan Black Location Quantity Throughout ** Entry Canopy Roof Black Entry Canopy Roof G ray Wall Tile (with adhesive) i2" Floor Tile (no mastic) 12" Floor Tile no mastic) Brown Red/Black N Dock Windows Showroom Office Showroom Office 800 SF Gray ShicnArroorn Storage Beige, Brown Mastic (under composite flooring) Old roof Remnant Flashing Perimeter Tar Crearn Black Restrooms 140 SF 100 SF Showroom Entry In Warehouse Grayf BIk North High Roof Gray N & South High Roof 320 LF 610 F} Quantities supplied are estimates. Contractors must field verify a!I material quantities, louatians and conditions. City of Waterloo Page 215 of 647 2VKEYE ENVIRONMENTAL 01%1 11 �1 11 E 1� 1 A L BULK SAMPLE ANALYSIS 118 Sycamore Street Waterloo, Iowa City of Waterloo Page 216 of 647 4eurofins March 29, 2024 Hawkeye Environmental 814 Wood Lily Road Solon, IA 5 333 CLIENT PROJECT: City of Waterloo. 118 Sycamore Street, Waterloo, IA CEI LAB CODE: B 4 001 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on March 27, 2024_ The samples were analyzed for asbestos using polarizing Tight microscopy (PLM) per the EPA 600 Method. Sample resu4ts containing >1% asbestos are considered asbestos -containing materials (A Ms) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1 % asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D,, CIH Laboratory Director NVLA TESTING NvLAP L ODDE 101768.0 730 SE Maynard Road • Cary, NC 27511 • 919.4 1.1413 Page 217 of 647 Co)eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 118 Sycamore Streetr Waterloo, IA LAB CODE: B246001 TEST METHOD: EPA 6001 R931 116 and EPA 6001 M4-82 / 020 REPORT DATE: 03/29/24 TOTAL SAMPLES ANALYZED: ED: 43 # SAMPLES >1%ASBESTOS; 16 730 SE Maynard Road • Cary, NC 7511 • 919.481.1413 Page 218 of 647 eurofins CEI Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Vaterloo, 118 Sycamore Street, LAB CODE: B246001 Waterloo, IA METHOD: EPA 600 f R93 f 116 and EPA 6001 M4-82 ! 00 Client ID Layer Lab 1D Color Sample Description ASBESTOS 001 B246001.01 While fkywail Board None Detected 002 B246001,02 Brown Drywall Tape None Detected 003 B246001.03 004 13246001.04 005 B246001.05 White Brown White, f'an Drywall Joint Compound Chrysotile 2% drywall Joint Compound None Detected Drywall Tape None Detected 006 B246001.06 V�h ite Drywall Joint Compound 007 B246001.07 Gray Floor Tile None Detected None Detected 008 B246001.08 Black FoFt Llnderlayment None Wooled U00 B246001.06 White,Brown Fiberboard Ceiling None Detected 010 B246001.10 White,Gray Piaster None Detected 011 B246001.11 Gray Piaster None Detected 012 Layer 1 B246001,12 Black Tar Chrysotile 10% Layer 2 B248001.12 Black 'Tarpaper Chrysottle 25% 013 I3246001_13 Black Terpepor None Detected 014 B246001_144 White,Gray Glazing Chrysotile 5% 015 016 B24600f_15 B246001,16 017 B246001.17 019 B246001.18 B246001.19 White Black Black While,Gfay Caulk Roof Flashing Hoof Field Caulk While.Off-while Caulk None Detected Chrysotile 15% None Detected 020 021 022 B246001.0 B246001. 21 B246001.22 White Brawn Drywall Board Drywall Tape Green, White Drywall Joint Compound None Detected None Detected Chrysotile 2°% 023 B246001.23 GreenriM1Ite Drywall Joint Compound 024 B246001.24 Green,WhIte Drywall Joint Compound Chrysotiie 2% 025 B246001.25 Yellow Carpet Mastic Nona Detected 026 B246001.26 Brawn Panel Adhesive 027 B246001.27 Red,Black Wall Tile Chrysotile 2°%I Chrysotile 2% 028 B246001.28 Yam Adhesive Chrysotile 2% o29 B246001, 29 030 B246001.30 Gray Yellow 12" Floor Tile Chrysotile 2% Mastic None Detected 730 SE Maynard Road • Cary, NC 27511 • 910.481.1413 Page 1 of 2 Page 219 of 647 iss;!: urofins CEI Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 118 Sycamore Street, LAB CODE: 8246001 Waterloo, IA METHOD: EPA 600 / R9 1116 and EPA 600! M4-8 1 020 ASBESTOS Client ID Layer Lab ID Color sample Description 03i B246001.31 Beige,Brown 12' FloorTile Ghrysotile 3% 032 B246001.32 Follow Mastic None Detected 033 B24600t_33 Gray,Brown Composite Flooring None Detected 034 D24E001.34 Cream Mastic Chrysotile 2% 035 B246001.35 Gray Caulk None Detected 036 13246001.36 Gray Caulk None Detected 037 B216001.37 Black Tar Paper None Detected 038 6246001.38 Brown Caulk None Detected 039 8246001.39 Black Vapor Barrier None Detected 040 B246001.40 Black Vapor Barrier None Detected 041 Layer 1 B246001.41 Brown,Dark Caulk Brown None Detected Layer B246001.41 Black Caulk None Detected 042 Layer 1 B246001.42 Black Roof Field None Detected Layer 2 B2.16001.42 Brown insulation Nona Defected 043 Layer 1 B246001.43 Blaa Roof Field None Detected Layer 2 B246001.43 Brown Insulation None Detected 730 SE Maynard Road • Cary, NO 27511 • 019,481, t413 Page 2 of 2 Page 220 of 647 eurofins f:LI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 118 Sycamore Street, Waterloo, IA Lab Code: 13246001 Date Received: 03-27-24 Date Analyzed: 03-29-24 Date Reported: 03-29-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS Lab ID Description Attributes Fibrous Non -Fibrous ASBESTOS 6�8 001 B246001.01 Drywall Board homogeneous Write Fibrous Bound Cellulose 07`i6 Gypsum None rletectc:d 002 B2413001-02 Drywall Tape Hornogennous 100% Cellulose Brown Fibrous Loosely Bound None Detected 003 Drywall Joint B246001.03 Compound Homogeneous 65% Binder White 35% Cale Carla Non -fibrous Bound Nona Detected 004 R248001.04 Drywwell Tap Homogeneous 100% Cellulose Brawn Fibrous Loosely Bound None Detected 005 Drywall Joint Heterogeneous 58% Binder B246001-05 Compound Wnite,Tan 35% Colo Carta Non -fibrous 5°Y% Paint Bound 2% Chrysotile 006 Drywall Joint Heterogeneous 60% Binder F1246O01.00 Compound White 35% Ca lc Carb Non -fibrous 5% Paint Sound None Detected 007 Floor Tile 11omogonnous 30% Cellulose 70% Vinyl B2le001.07 Gray Non -fibrous Tightly Round None Detected 730 SE Maynard Road • Cary, NC 27511 • 919-481.1413 Page 1 of 8 Page 221 of 647 eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkoye Environmental Lab Code: B246001 814 Wood Lily Road Date Received: 03-27-24 Solon, [A 52333 Date Analyzed: 03-29- 4 Date Reported: 03- 9- 4 Project: City of Waterloo, 118 Sycamore Street, Waterloo, IA ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS Lab ID Description Attributes Fibrous Non -Fibrous ASBESTOS °!a 008 reit Underiayment Heterogeneous 70% Cellulose 30 6 Ta- Norse Detected B246001.08 I:iiack Fibrous Bound No mastic present. Sample appears to be felt underlayrnent only. 009 Fiberboard Ceiling Heterogeneous 95% Cellulose 5% Paint Nona Detected 5246C01.09 White,Brown Fibrous I.oasely Bound 010 B24600 i_10 Planer Heterogeneous 65`Yo Silicates White,Gray 35% Binder Non -fibrous <1% Pint Bound None Detected 011 B24600.1.11 Plaster Homogeneous 65% Silicates Gray 35% Binder Non -fibrous Bound None Detected 012 Layer 1 B246001,12 Ter Heterogeneous Black Non -fibrous Bound 90% Tar 1 VA Chrysotile Layer 2 B24.6001.12 Tarpaper Heterogeneous 10% Cellulose. 65% Tar Black Non -fibrous Bound 013 B246001.13 Tarpaper l leterogeneovs 70% C❑'llulose 30% Tar None Detected Black Non -fibrous Bound 730 SE Maynard Road • Cary, NC 27511 • 919_.181_.1413 Page 2 of 8 Page 222 of 647 • eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: I lawkeye Environmental Lab Code: B245001 814 Wood Lily Road Date Received: 03- 7- 4 Solon, IA 5333 Date Analyzed: 03-29-24 Date Reported: 03-29-24 Project: City of Waterloo, 118 Sycamore Street, Waterloo, IA ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab ID Description La l) NON -ASBESTOS COMPONENTS Attributes Fibrous Nan -Fibrous ASBESTOS IJ¢ 014 B24 6001,11 Grazing hleterflgeneous White,Gray Non -fibrous Bound 90% Binder 5% Paint 5%Chrysotile 015 B246001,15 Cau&k Heterogeneous 3% Talc 92% Caulk White 5% Paint Nora -fibrous Bound None Detected 016 l3246001.16 Roof Flashing Heterogeneous 10% Cellulose 65% Tar Black Non -fibrous Bound 25°!% Chrysotile 017 e246001.11 Roof Field Heterogeneous 20% Cellulose 65% Tar Blatt Non -fibrous Bound 15% Chrysotile 018 B24i00f.f8 Caul% Heterogeneous Whdre,Cray Non-fibrcru^ Bound 97% Caulk 3% Clirysotife 019 B24 i001.19 C:aul.K Iletercgeneous 3% Talc Wilite,Off-white Non -fibrous Bound 92% Caulk 5% Paint None Detected 020 B246001.20 Drywall Board Hornogrneous 2% Fiberglass 96% Gypsum None Detected White <1% Cellulose Fibrous Bound 730 SE Maynard Road • Cary, NC 27511 • 919-481.11413 Page 3 of 6 Page 223 of 647 eurofins I CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 118 Sycamore Street, Waterloo, IA Lab Code: B 460131 Date Received: 03-27-24 Date Analyzed: 03-29-24 hate Reported: 03-29-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON•ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Nan -Fibrous 021 EI2'16001.21 Drywall Tap° Homogeneous ogeneous 100% C;nlluloso None Dciccted Brown Fibrous Loosely Bound 022 Drywall Joint Heterogeneous 132 {6001.22 Compound {,reen,White Non -fibrous Bound 58% Binder 35% c; Ic Carb 5% Paint alp Chrysotike 023 Drywall Joint Heterogeneous B246001_23 Compound green,White Non -fibrous Bound 58% Binder 35°r Cale Cart 5"fb Paint 2% Chrysotkle 024 Drywall Joint Heterogeneous B240001.24 Compound Oreen,Mite Non -fibrous Bound 58% E3indor 35% Cabe Cant 5% Paint 2% Chrysotlle 025 C324t L01.23 026 13246001.26 Carpet Mastic Panel Adhesive Homogeneous Yellow Non -fibrous. Bound ilonlogErneous Brown Non -fibrous Bound 100% Mastic 95% hiaslie None Detected 027 Wall Tile Homogeneous B246001.27 Red,Black Non -fibrous Tightly Bound SO% Vinyl 2% Chrysotile 730 sE Maynard Road - Cary, NC 27511 • g19.481.1 413 Page r, of Page 224 of 647 eurofins CEO ASBESTOS BULK ANALYSIS By; POLARIZING LIGHT MICROSCOPY Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 118 Sycamore Street, Waterloo, IA Lab Code: B246001 Date Received: 03-27-4 Date Analyzed: 03-9-24 Date Reported: 03-29-24 ASBESTOS BULK PLM, EPA H00 METHOD Cliont ID Lab ID Lab Description Lab Attributes NON -ASBESTOS COMPONENTS Fibrous Non -Fibrous ASBESTOS 028 B216001, 28 Adhesive Homogeneous Yellow Non -fibrous Bound 98% Mastic 2%Chiysotile 029 5246001.29 12" Floor Tile Homogeneous Gray Non -fibrous Tightly Bound 98'%o Vinyl 2% Chroctile 030 Mastic Homogeneous 13246401.30 Yellow Non -fibrous Bound 100% Mastic Nono Detected 031 L24•30C1.31 12" Floor Ele Homogeneous Beige,Brown Non -fibrous Tightly Bound 97% Vinyl 3% Chrysotile 032 B24E001.32 hlaslir, Homogeneous Yellow Non -fibrous Bound 100% Mastic None Defected 033 Composite Flooring Heterogeneous 1 % Talc 100% Vinyl None Detected B246001.33 Gray, Brown Non -fibrous Tightly Bound 034 Mastic Homogeneous B246001.34 Cream Non -fibrous Bound W1% Mastic 730 SE Maynard Road • Cary, NC 27511 • 919.481. 1413 Page 5 of 8 Page 225 of 647 vinkr eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo. 118 ycamore Street, Waterloo, IA Lab Code: B246001 Date Received: 03-27-24 Date Analyzed: 03-29-24 Date Reported: 0 -29-24 ASBESTOS BULK PLM, EPA 600 METHOD CIIent ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS 1 Lab ID Description Attributes Fibrous Non -Fibrous 035 824C001.35 Caulk Homogeneous 2% Talc Gray Non -fibrous Bound 98% Caulk None Detected 036 B 246 001. 36 Caulk Homogeneous 2° Talc Gray Non -fibrous Bound 98% Caulk None Detected 037 B246001.37 Tar Paper fleteroGeneeCeIlulose 30% Tar None Detected Black Non -fibrous Bound 038 5246001.3H Caulk Hornegencous 100% Caulk None Detected Brown Nen-fibrous Bound 039 Bt746001.39 Vapor Baffler Heterogeneous 100% Tar None Doter:ted Black Non -fibrous Bound 040 B246001.40 Vapor Barrier Heterogeneous 100% Tar None Detected Black Non -Fibrous k�ound 041 Layer 1 B246001,11 Caulk Helerageneous 100% Caulk None Detected Brown,nark Brown Non •fibrous Bound 730 SE Maynard Road - Cary, NC 27511 • 919.481.1413 Page 6 of 8 Page 226 of 647 eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 118 Sycamore Street, Waterloo, IA Lab Code; B246001 Date Received: 03-27-24 Date Analyzed: 03-29-24 Date Reported: 03-29-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS Lab ID Description Attributes Fibrous Non-Fibrous DA ASBESTOS Layer 2 B 246001.41 {;sulk Homogeneous Black Non -fibrous Bound 100% Binder None Detected 042 Layer 1 I3246001.42 Roof I-ield Heterogeneous 20% Black Non -fibrous Bound Cellulose Sp"%6 Tar None Detected Layer 2 3246001A2 Insulation ilomocgeneous 80% Cellulose 20°, Perlite Brown Fibrous Loosely Bound Norse Detected 043 Layer 1 8246001.4 3 Roof Field Heterogen€snus 2[]% Cellulose SO Tar None Detected Black Non -fibrous Bound Layer 2 Insulation Homogon€;ous 80% Cellulose 20°!o Perlite None Detected 13246001.4a Brown Fibrous Loosely Bound 730 SE Maynard Road •nary, NC 27511 • 919.481.1413 Page 7 of 6 Page 227 of 647 eurofins CEI LEGEND: Non-Anth = Non-Asbestiform Anthopliyllite Non-Trem = Non-Asbestiform Tremolite Cale Garb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 6001 M4-82 / 020 REPORTING LIMIT: < 1 % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Po€rats or 0.1% by 1,000 Points REGULATORY LIMIT: > t% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM), Please note that PLM analysis of dust and soil samples for asbestos is riot covered under NVLAP accreditation. Estimated measurern ni of rincertalraty is available on reques#. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.B. Government. Information provided by customer includes customer sample [Di and sample description_ ANALYST: A)141„__ Nichoras Moore NVEA® TESTING JV{,5P LAB CODE 10176E-0 APPROVED BY: Tianbao Bai, Ph.D., CIH Laboratory Director 780 SE Maynard Road i Gary, NC 27511 • 919.481.1413 Page 8 of 8 Page 228 of 647 e,::: eurofins CEI 730 SE Maynard Road, Cary, NC 27511 Tel:866-48I-1412; Fox:910-491-1442 CHAIN F CUSTODY LAB USB ONLY; CEI Lab Code: -Zg5.606 CEI Lab I.D. Range: COMPANY INFORMATION PROJECT INFORMATION CE1 CLIENT 110:30261 Job Contact. Steve Henneberry compan r_Hawkeye Environmental Email 1 Tel: 319-51-4441 Address. 814 Wood Lily Road Projecl Name: CRY of Waterloo Solon, IA 52333 ,project 11 ;118 Sycamore Street, Waterloo, IA Emaf!_Steye@tia keyeeny.com PO#: Tel: 19- 33-7420 Fax• S STATE SAMPLES COLLecTED IN: Iowa T IS NOT T MARKED S TANDA RD 3 DAY TAT APPLIES, ASBESTOS METHOD TERN AROUND TIME 4 HR B HR f DAY 2 DAY 3 DAY 6 DAY FL PA BULK EPA 600 ■ E _ 0 C 0 • PLM POINT COUNT 000) EPA fi00 0 0 0 . MI E PLM POINT COUNT i:1c'DDi EPA60Q ■ IN 0 L • El -- PLM GRAN/ w POINT COUNT EPA 600 (1 0 • L] a PLM BULK CARD .135 Li 0 • • 0 0 PCMAIR' NIDSH7400 ■ 0 ■ M M TEM AIR EPA AHERA 0 CJ ❑ M Q 0 TEM AIR N NIOSH7402 0 M 0 i LJ 0 TEM AIR (PCME) ISO10312 0 Li 0 I. TEM AIR ASTM0281-15 M M M n M n 1 TEM BULK CHATFIELD _ Q I 0 IN M TEM DUST WIPE ASTLi air180-05 (241fl) M 0 M M TEM DUST MICROVAC AST D5755-09 i21:P1.4r Q M ] 0 _ 7Ero SOIL AVM 07521-16 0 TEM VERMILLJLIT CINCINNATI METHOD 0 _ a 0 TEM QUALITATIVE IN-HOUSE METHOD - IN 0 0 OTHER 10 L_I M Q 0 REMARKS / SPECIAL INSTRU TlON ; , 46V Accept Samples Reject Samples Relinquished Sy: Date/Time Received = DatelTime Steve Henneberry 03/25/24 Samples will be disposed of 30 days afIcr analysis ago 0 Ts Version; COC.01-18-1i21D Page 229 of 647 41.:!; eurofins CEI SAMPLING FORM COMPANY CONTACT INFORMATION Company:HawkeyeEnvironmental Job C:onkeck: SteveHenrieberry Project Name: Project ID O. Tel: _. SAMPLE 10il DESCRIPTION / LOCATION VOLUME/ AREA TEST 001 Drywall Board (Warehouse Offices) PLM I . 1 TEM F - -1 002 Drywall Tape (Warehouse Offices) PLM I 71 TEM 1 I 003 Drywall Joint Compound (Warehouse OTt cos) PLM I 1 TEM i 1 004 Drywall Tape(Offices) PLM L_a TEM I I 005 Drywall Joint Compound (Offices) PLM I 1 TEM I 1 006 Drywall Joint Compound (Entry) PLM 1 1 TEM 1 I 007 Floor Tile (Office) PLM I I TEM = 008 Mastic (Office) PLM I I TEM 1 I 009 Fiberboard Ceiling PLM I I TEM [ I 01U Plaster (Warehouse) PLM = TEM I I 011 Piaster (Warehouse / Basement) PLM l . J TEM f I 012 Tar (Remnant Interior Roof f Warehouse) I PLM F I TEM I 1 . 013 Tar Raper (Exterior Wall f NE) PLM L. I TEM ] I 014 Glazing (N Dock Windows) PLM I I TEM 015 Caulk (N Dock Windows) PLrw1 I71 TEM I I 016 Roof Flashing (Entry Canopy Roof) PLM I ; I TEM 017 Roof Field (Entry Canopy Roof) PLM r` TEM I I 018 Caulk (I@ Metal f EMT/ Canopy Roof) PLM ( 1 TEM 1—.1 019 Caulk (NE Entry Do0r) PLM ( J TEM I I 020 Drywall Board (Showroom) PLM ( '1 1 TEM [1 021 Drywall Tape (Showroom) PLM ( [ J TEM I I 022 Drywall Joint Compound (Showroom) PLM ( 1 TEM 1-- 023 Drywall Joint Compound (Showroom Office) PLM It J TEM I I 024 Ball Joint Compound (Showroom Entry) PI_M I 1 TEM 1 I 025 Carpet Mastic (Showroom Office) PLM I 1 TEM 1 I 026 Panel Adhesive (Showroom Office) PLM TEM I 1 027 Wall Tile (Showroom Office) PLM I I 1 EM L 028 Wall Tile Adhesiv8 (Showroom Office) PLM 1 TEM I I Page 4f Version: CCOC-01.18-2I2.LD Page 230 of 647 eurofins CEI SAMPLING FORM COMPANY CONTACT INFORMATION company_ Hakeye Environmental ,lob Contact Sieve Henneberry Pro'eel t Name: - Project ID #I: Tel: SAMPLE 10f€ DESCRIPTION 1 LOCATION VOLUME/ AREA TEST 029 12" Floor Tile (Showroom Storage) PLM TEM I r 030 Mastic (Showroom Storage) PLM 1 1 TEM 031 12" Floor Tile (Restrooms) PLM TEM 032 Mastic {Restraams) PLM TEM 033 _ Composite Flooring (Showroom Entry) PLM [ iI TEM r r 034 Mask (Showroom Entry) PLM I I TEM 035 Caulk (Showroom Exit Window) PLM 1 TEM II I 038 Caulk (Showroom Ex/ Door) PLM r I TEM I —I 037 Tar Paper (Canopy Roof) PLM ( 1 TEM I. 038 Caulk (Canopy Roof) PLM TEM I - 039 Vapor Barrier (Light Shop Warehouse Roof) PLM TEM 040 Vapor Barrier (Lighi Shop Warehouse Roof) PLM 771 TEM I 1 041 Caulk (Metal Flashing 1 Showroom Roof) PLM L. I TEM r 1 042 Roof Field (Showroom Roof) PLM r 1 1 TEM I 043 Roof Field (Showroom Roof) PLM L K r TEM I PLM I-1 TEM I PLM L J TEM L� PLM L 1 TEM I PLM 1 I 1 EM l -1 PLM 1 1 TEM 1 PLM 1 1 TEM f1 PLM 1 1 TEM 1 PLM 1 r TEM C� PLM 1 I TEM I PLM 1 r TEM I. 1 _ PLM 1 TEM 1 1 PLM 1 1 TEM i 1 PLM 1 TEM [ Page - -. a{ 3 Version: CCOC,01-18.21210 Page 231 of 647 * � • ur fin CEI April 4, 2024 Hawkeye Environmental 814 Wood Lily Road Solon, IA 5 333 CLIENT PROJECT: City of Waterloo, 118 Sycamore - 2 Story Section CEI LAB CODE: B246384 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on April 2, 2024. The samples were analyzed for asbestos using polarizing Tight microscopy (PLM) per the EPA 600 Method. Sample results containing >1% asbestos are considered asbestos -containing materials (A h s) per EPA regulatory requirements- The detection limit for the EPA 600 Method is <1 °l0 asbestos by vdeight as determined by visual estimation. Thankyou for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director IIVLA TESTING MAP(.A CODE 1 11 -P 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 232 of 647 } iirfin CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 118 Sycamore - 2 Story Section LAB CODE: B246384 TEST METHOD: EPA 600 f R931 116 and EPA 6001 M4-82 / 020 RESORT DATE: 04104124 TOTAL SAMPLES ANALYZED: # SAMPLES >1% ASBESTOS: 14 3 730 SE Maynard Road - Cary, NC 27511 • 919.481.1413 Page 233 of 647 eurofins CE1 Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT; City of Waterloo, 118 Sycamore - 2 Story LAB CODE: B246384 Section METHOD: EPA 600 1 R93116 and EPA 600 1 r I4-62 f 020 Client ID Layer Lab ID Color Sample Description ASBESTOS °!4J 031 Layer 1 B246384.01 Brown,Tan Fihr`rhoard None Detected Layer 2 B2463634.01 Brown,Black Tar Nene Detected 011:12 Layer 1 B246384.02 I3rown,Block Roof Field None Dotocted Layer 2 B246384.02 Brown,Tan Fiberboard None Detected 003 Layer 1 B246364,03 Brown,Black Roof Field None Detected Layer 2 B246384.03 Brown,Tan Fiberboard None Detected 004 B246384,04 Brown,Black Roof Field None Detected 005 B246384.05 Brown.alackc Raof Field None Detected 006 B245384.06 Brown,Black Flashing None Detected 007 B246384,07 Brown.Black Flashing Chrysotile 2% 006 Layer 1 B248384.0B Brown,Black Flashing None Detected Layer 2 I3246384. a8 Brown,Tan Insulation None Detected 006 Layer 1 B246364,09 Brown,Black Flashing None 0etec[ed Layer 2 B248384.09 Brown.Tan Insulation None Detected 010 B246384,10 Gray,Black Perimeter Tart Vent Ter Chrysotile 7% 011 B2463884.11 Gray,Black Perimeter Tar Chrysotile 7% 012 3246364.12 Tia, Fed Exterior Skim None Detected 013 B246384.13 Red Roof Caulking None Defected 014 13246364.14 Cream, Off- Door Caulking white None Detected 730 SE Maynard Road • Cary, NC 27511 ' 91.481.1413 Page 1 of 1 Page 234 of 647 eurofin CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: lawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, :18 Sycamore - 2 Story Section Lab Code: B246384 Date Received: 04-02-24 Date A n a I y zed: 04-04-24 nate Reported: 04-04.24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab It] Lab Description Lab NON-A5BESTQS COMPONENTS ASBESTOS Attributes Fibrous Non -Fibrous 001 Layer 1 B246384.01 Fiberboard Heterogeneous 100% Cellulose None Detected Brown,Tan Fibrous Bound Layer 2 Tar Homogeneous 20° Cellulose 80% Tar B246384, t?1 Brown,8lack I=ibraus Bound None IDetected 002 t.ayer 1 B246384. 02 Roof Field Homogeneous 20% Cellulose 80' o Tar None Detected Brown.Black Fibrous Bound Layer 2 Fiberboard Heterogeneous 100% Cellulose None Detected B246 84.02 Brown,Tan Fibrous Bound 003 Layer B246684, 03 Roof Field Homogeneous 20% Cellulose 3c'% 'far None Detected I3rown,Black Fibrous Bound Layer 2 Fiberboard Heterogeneous 1100'O Cellulose None Detected B246384.03 Brown,'Ian Fibrous Bound 004 B2,16384.04 Roof Field Homogeneous 20% Cellulose 50% Tar None Detected Brown,Black 30% FiberOEass Fibrous Bound 730 SE Maynard Road • Cary, NC 27511 # 91 .481.1413 Page 1 of 4 Page 235 of 647 eurofins I CEI ASBESTOS BULK ANALYSIS By: POLARIZING LEOHT MICROSCOPY Client: Hawkeye Environmenta[ 814 Wood Lily Road Solon, IA 52333 Project: Cily of Waterloo, 118 Sycamore - 2 Story Section Lab Code: B246384 Date Received: 04-02-24 Date Analyzed: 04-04-24 Date Reported: 04-04-24 ASBESTOS BULK PLM, EPA 800 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS Lab ID Descript1on Attributes Fibrous Non -Fibrous ASBESTOS 005 B246364.05 Roof Field Homogeneous 20% Cellulose F3rown.elack 30% Fiberglass Fibrous Bound 50% Tar None Detected 006 Hashing B21t 384.06 Homogeneous 20% Cellulose 50% Tar Brown,Blauk 30% Fiberglass Fibrous Bound None Detected 007 B246384.07 Flashing Homogeneous 30% Cellulose 53% tar Brown, Black 15% Fiberglass Fibrous Bound 2% Chrysatlle 008 Layer 1 B246384.0a Flashing Homogeneous 20% GeIIul❑se 40% Tar Brown, Black 40% Fiberglass Fibrous Bound None Detected Layer ? B240384.08 Insulation Homogeneous 85% Cellulose 15% Periite None f}otoctod Brown,Tan Fibrous Loose 009 Layer 1 13246:384.09 Flashing Homogeneous 20% Cellulose 40% Tar None Detected Brown,Black 40% Fiberglass Fibrous Bound Layer2 Insulation ilornogeneous 65% Cellulose 15% Perllte None Detected B246384.09 Brown,Tsn Fibrous Loose 730 SE Maynard Road • Cary, NC 27511 • g19.481.1413 Page 2 of 4 Page 236 of 647 451 eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawlceye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 1 18 Sycamore - 2 Story Section Lab Code: B246384 Date Received: 04-02-24 Date Analyzed: 04-04-24 Date Reported: 04-04-24 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab ID Lab Description Lab Attributes NON -ASBESTOS COMPONENTS Fibrous Nan -Fibrous ASBESTOS 91g r 246384,1.0 Perimeter Tar' Vent Tar ilatorngoneous 20% CnIlulase Gray,Black 15% Fibergrass Fibrous Bound 5-8% Tar 7%Chrysotlle 011 B245384.11 Perimeter Tar Heterogeneous 20% ColluJose 53% Tar Gray,Black 15% Fiberglass Fibrous Bound 7% Chrysotlle 012 B24fi384.12 Exterior Shim Hotorageneous 2% Celrulose 5% Paint Tan,Red 93% Binder Non -fibrous Tightly Bound None Desta ted 013 B248384.13 Root Caulking Heterogeneous 2L Cellulose 98% Caulk Nina Detected Red Non -fibrous Tightly Bound 014 B246384.14 Door C;aiilking Heterogeneous 2% Cellulose 5% Paint Crearn,Otf-white a Talc 15% Silicates Fibrous 70% Binder Bound None Detected 73. SE Maynard Road • Cary, NC 27511 t 919,481.1413 Page 3 of 4 Page 237 of 647 eurofins CvC LEGEND: Non-Anth = Non-Asbestiform Anlhophyllite Non-Trem = Non-Asbestiform Tremolite Cale Carb = Calcium Carbonate METHOD: EPA 600 ! R93 f 116 and EPA 600 / M4-82 / 020 REPORTING LlNIIr: <1 % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0,1% by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NO9s) such as vinyl floor files can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBS analyzed by PLM, and found not to contain asbestos. be further ana€yzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available an roquost- This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by EurofEns CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition r.rnless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S, Government. Information provided by customer includes customer sample JD and sample description. ANALYST: zdfig Santi icolella NVLA4I TESTINB APF R.A3 COE 1176- APPROVED BY: Tianbao Bai- Ph.D., CI1.1 Laboratory 0irecitor 730 SE Maynard Road • Cary, NC 275111 • 919.481,114113 Pack 4 of 4 Page 238 of 647 4eurofins CE1 730 SE Maynard Road, Cary, NC 27511 'rol; 866-481-1412: Fax: 919-481-1442 CHAIN F CUSTODY LCE B USE oN1, V. I Lab Code; Dp7q43 �s �r I Lab 1.0. Range_ COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT Ii. Job Contact: Company:Hawkeye Environmental Email ±Tel. Address: 814 wood lily road, Solon, IA 52333 Project Name: City of Waterloo Project ID#:118 Sycamore - 2 story section Ernail:Cody@HawkeyeEnv.com p)#: Tel: 319-930-8044 Fax: STATE SAMPLES COLLECTED IN: IA IF TAT IS NOT PMMARKED S TAAIDA RD 3 DAY TAT APPLIES, ASBESTOS METHOD TURN! AROUND TIME 4 FIR 8 HEM 1 DAY 2 DAY 3 DAY 6 DAY PI.61 BULK EPA6CD C L — El• a PLlu1POINT COUNT (4o01 EPAb]0 L I 1 L CE l • PLeilPOINT COUNT 11(]'(1) EPA GOD L 0 L M M PLM ORAV w POINT COUNT EPA 600 Ell 0 PLM 2111.K CARE 435 L l] • El■ ',cr.' AIR" _ NIOSH 7400 L] ❑ [] 0 LI • TEh1 AIR EPA AHF-A I 0 0 IN M M TEM AIR NIOSH 7402 • II■ II■ II■ d • TEM AIR (PCME) ESO 10312 0 .1 i IN M • TEM APR ASTMe281-E5 EI■ 0 • • 0 • TEM !BULK CHATFIELD - 0 Q MI M TEM DUST WIFE ASTM D6 60,45(2OI0} LJ I• El♦ El♦ El♦ El♦ TEM DUST MMCROVAC ASTM r15r55-05120.41 . 0 LI I■ El• El■ El■ TEM SOIL ASTM 07521-16 - a 0 0 0 TEM VERMICULITE CINCINi ATI METHOD l U Li El■ TEMaUALITATIvE IN-HOUSE METHOD 1 [ [] Ei II■ II■ OTHER: I. M M M NI 'Wanks shairfd be IaM an korn rho aamP s ampfo Fat as fTeltt sant ?at. REMARKS 1 SPECIAL INSTRUCTIONS: er Accept Samples M Raject Samples Relingnished By; Date/Time Received By: - DateiTime Co .5714,e4t4,z4,/ 3/26/24 - - 30 Samples will be disposed of 30 days alter analysis 7-7Y7 3667 eq (Li Page Version_ CCOC-41,18.112.LD Page 239 of 647 } e rofi n s CEI SAMPLING FORM COMPANY CONTACT INFORMATION Gornpan • Hawkeye Erwironmerrtal Job Contact: Fro'ec! Name: Pro ecl ID #: Tel: SAMPLE ID# DESCRIPTIDH1LOCATIOI'1 VOLUMEI AREA TEST 001 Fiburbuxard f Tar (roof) FLM I I TEM I 1 002 roof field (north roof) PLM I 1 TEM r 003 roof field (north roof) PLM I 1 TEM 1 1 004 roof field (south roof) PLI 1 li TEM L 1 005 roof field (south roof) PLM 1• TEM I O08 flashing (north roof) PLM m TEM = UT Rushing (north roof) PLM MI TEM I 008 flashing (south roof) PLM I 1 TEM L. 1 000 flashing (south roof) PLM 1 1 TEM I 1 010 Perimeter tar) vent tar (N roof) PI.M r---1 TEM [I 011 perimeter tar (S roof) PLM TEM NM 012 exterior skim (N side Under awning) PLM I 1 TEM II 1 013 roof caulking Pl,M 1± TEM II-1 014 door caulking (NE) PLM I 1 TEM I 1 PLM L_I TEM 1 —I PLM I 1 TEM 1 1 PLM TEM I PLM I 1 TEM 1 1 PI.M I 1 TEM L J PLM I I TEM 1 I PLM I= TEM L LJ PLM (—i TEM El PLM 1 l TEM 1 FLM I 1 TEM [ 1 PLM IMM TEM 1 1 PLM I 1 TEM 1 1 PLM TEM 1 I PLM TEM E] Page of Version• CCOC.01.18.212_LD Page 240 of 647 Page 241 of 647 Page 242 of 647 HAWKEYE EI I‘,11=ICI NI INA e -rAnkL, ASBESTOS INSPECTION REPORT 128 Sycamore Street Waterloo, IA Project Report Dated: April Sth, 2024 City of Waterloo Page 243 of 647 VKEYE ENVIRONMENTA E 1%1 1 F 1%111 M 1N1 T� I- I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C, SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY City of Waterloo Page 244 of 647 VKFYE NZ E ENVI!e RONMENTAL ill i� 1 I E ice! 1 L A. ASBESTOS INSPECTION REPORT DATA 1 LOCATION 128 Sycamore Street Waterloo, Iowa Z. CLIENT CONTACT Aric Schroeder City Planner City of Waterloo, Iowa 3. DATE(s) OF INSPECTION March 21, 2021 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, PA 52333 5. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORYACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program Lab Code: 10 015 City of Waterloo Page 245 of 647 HAWKEYE ENVIRONME TAL ill 11-1 NI ICI E T� B. SCOPE OF WORK Methods and Procedures: The property located 128 Sycamore Street, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants} protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFI Part 763 and NESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. if further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/115 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM. Sample analysis was performed by Eurofins CEL Eurofins is accredited by the National institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBMjs and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr, Toni Wuehr, Iowa DNR - Air Quality Division. Tom.W.uehr DNR.Iowa. ov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found an the DN R website at: http: www.lowader,gov airr prof asbestos asbestos.htrnl City of Waterloo Page 246 of 647 HAWKEYE E 1%1 Nf 1 1=1 CII\1 IV1 E 1S1 Tom► INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed and asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. This survey intends to determine if any of the materials with potential for disturbance are asbestos - containing. The structure is a commercial property which is vacant. The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspect asbestos building materials. City of Waterloo Page 247 of 647 VKEYE ENVIRONMEN C. SUMMARY OF ASBESTOS BUILDING MATERIALS 12S Sycamore Street Surfacing Materials Material Non e Description Location Thermal Systems Insulation Material Quantity Description Location Miscellaneous Materials Material Window Glazing Building Caulking/Tar Window Caulking Description Gray Gray/Black brown Building cauEking (between additions) White Qupntittr Location Shop windows Exterior perimeter @ ground Storefront windows/doors Gray Quanti 14 Windows 260 LF 2 doors, 4 windows 40 LF Quantities supplied are estimates. Contractors must field verify all material quantities, locations and conditions. City of Waterloo Page 248 of 647 HAWKEYE M! NZ 11-t CI 1%1 i 1 E 1 l Tom► ., BULK SAMPLE ANALYSIS 128 Sycamore Street Waterloo, Iowa City of Waterloo Page 249 of 647 •a eurofins CEI March 28, 2024 Hawkeye Environmental 814 Woocl Lily Road Solon; IA 52333 CLIENT PROJECT: City of VVaterloo, 125 Sycamore St CEI LAB CODE; B245912 Dear Customer: Enclosed are asbestos analysis results for PLI11 Bulk samples received at our laiolatory on March 26, 2024. The samples were analyzed far asbestos using polarizing light microscopy (PLM) per the EPA 600 Method_ Sample results containing >1% asbestos are considered asbestos -containing materials (A Ms) per EPA regulatory requirements_ The detection limit for the EPA 600 Method is <1% asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D.: CIH Laboratory Director NV�A�fi TgSTlNG NVLAP L co i6176B-o 730 SE Maynard Road • Cary, NC 27511 919.481.1413 Page 250 of 647 ..*eurofins ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 128 Sycamore St LAB CODE: B245912 TEST METHOD: EPA 600 1 R931 116 and EPA 600 / Mv14-82 1020 REPORT DATE: 03/28124 TOTAL SAMPLES ANALYZED: 22 # SAMPLES >1% ASBESTOS: 5 730 SE Maynard Road • Cary, NC 27511 + 919.481.1413 Page 251 of 647 eurofins Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY PROJECT: City of Waterloo, 128 Sycamore St LAB CODE: B245912 METHOD: EPA 600 f R93 f 116 and EPA 600 f M4-82 / 020 Client ID Layer I_ah ID Color Sample Description ASBESTOS 4 001 13245912.01 Brawn Roof Field None Defected 002 8245912,02 Gray Window Glazing 003 3245912.03 Gray Window {glazing Chrysotile 2E 004 B245912.04 White Window Caulking None Detected 005 B245912,05 Brown A ndowCaulking Chrysotile 5% 006 Layer 1 B245912.00 Brown Door Caulking None Detected Layer 2 B245912.08 White Door Caulking None Dotocted 007 B245912.0./ VVhite,Beige Expansion JointCeulking 008 B2,15912,08 Brcwn,BLack Insulation Backing None Detected 009 B245912.09 Gray Building Caulk/ Tar Chrysotile 1076 010 B245912.10 Gray Floor Tile None Detected 011 B245912.11 Black Mastic None Detected 012 B245912.12 Gray Floor Tile None Detected 013 13245912.13 Black Mastic None Detected 014 B245912.14 W#ijte,Tan Drywall None Detected 015 8245912_15 Off -while Tape None Detected 018 B245912.18 white Joint Compound 017 8245912.17 While Joint Compound None Detected None Detected 018 B245912.18 Gray,Dff-white Tape None Defected 019 B245912.19 No Sample Present in Sample Container 020 13245912.20 Tan Vinyl Base Adhesive None Detected 021 B245912.21 Off-white Linoleum None Detected 022 B245912.22 While.Beige Ceiling Tile None Detected 023 B245912.23 Gray Vent Caulkng None Defected 730 SE Maynard Road • Cary, NC 27511 • 919_481.1413 Page 1 of 'I Page 252 of 647 U.s, eurofins CEI ASBESTOS BULK ANALYSIS By; POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 128 Sycamore St Lab Code: R245912 Date Received: 03-26-24 Date Analyzed: 03-28-24 Date Reported: 03-28-24 ASBESTOS BULK PLIV1. EPA 600 METHOD Client ID Lab Lab ID Description Lab NON -ASBESTOS COMPONENTS ASBESTOn Attributes Fibrous Non -Fibrous 001 B245912.01 lioo:` Held Heterogeneous Brawn Fibrous Bound 60% Cellulose 15% Perlite JDA Tar 002 Window lazing Heterogeneous Cray Non -fibrous Bound B245912.02 003 Window Glazing F leterogeneous B245912.03 Cray Non -fibrous Bound 95% Rimier 3'u �}allik 95`Yo r3inc!or 3% Paint Nona Deteeied 2% Chrysotite 2% Chrysotile 004 Window Caulking Heterogeneous <1% Tate 55% Caulk E24591 2.04 Mite 5% Paint Non -fibrous Bound Norte Detected 005 VindowCaulkincg Fionio.eneous E24591 2.05 Brown Non -fibrous Bound 95% Calk 5 V Chrysotile 006 Layerl B246912.06 Door Caulking f loniogeneous Brown Non -fibrous Bound 100% Caulk None Detected Layer 2 Poor Caulking Homogeneous 2 Talc B245912_08 E1ile Non -fibrous Bound 98% Caulk None Detected 730 SE Maynard Road • Cary, NC 27511 • 919,491.1413 Page 1 of 5 Page 253 of 647 eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: B245912 814 Wood Lily Road Date Received: 03-26-24 Soon, IA 52333 Date Analyzed: 03-28-24 hate Reported: 03-28-24 Protect: City of Waterloo, 126 Sycamore St ASBESTOS BULK PLM, EPA 600 METHOD Client ED Lab Lab NON -ASBESTOS COMPONENTS Lab ID Description Attributes Fibrous Non -Fibrous ASBESTOS 9�6 007 Expansion Joint Heterogeneous 92% Binder B245912.07 Caulking U ihito,Beige 5% Faint Non -fibrous Bound 311/0 Chrysotile 008 B245912.08 Insulation taking Heterogeneous 55% Cellulose 35% Tar None Oetectod Brown,Black 10% fiberglass Fibrous Bound 009 Building Caulk/ Tar Heteroge neo r3s B 245912.09 Gray Fibrous Bound 90% Tar 10°10 Chrysotilo 010 B 245912.110 Floor Tile Homogeneous Gray Non -fibrous Bound 100% Vinyl None Detected 011 B245912.111 Mastic liornogeneous 2% Cellulose 98% Tar Black Non -fibrous Bound None Detected 012 B245912.112 Floor Tile Homogeneous Gray Non -fibrous Bound 100% Vinyl None Detected 013 Mastic Homogeneous 2% Cellulose 98% Tar B245012.113 Black Non -fibrous Bound None Detected 730 SE Maynard Road i Cary, NC 27511 • 19.481.1413 Pace, 2 o' Page 254 of 647 eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental Lab Code: B245912 814 Wood Lily Road Date Received: 03-26-24 Solon, IA 52333 Date Analyzed: 03-28-24 Date Reported: 03-28-24 Project: City of Waterloo, 128 Sycamore St ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMP ONE: 4TS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous °ln 014 B2 5912.1h Drywall leterogeneous 20% Celiulose 809f, Gypsum Nene Detected White,Ten Fibrous Bound 01 S B245912,15 Tape lomogeneous Off-white Fibrous Bound 100% Cellulose None Detected 01E B245f.312.16 Joint Compound Homogeneous Write Non -fibrous Bound 85% Binder None Detected 35% Ca lc barb 017 Joint Compound Heterogeneous h 245912.1; White Non -fibrous Bound 6S% Binder Nono detected 30% Cale Cerb 5% Paint 018 B245912.16 Tape Heterogeneous 9i% Cellulose 5% Paint None Detected G ray, Off-white Fibrous Bound 019 No Sample Present in B245g 12.19 Sample Container 020 Vinyl Base Adhesive Homogeneous 100% Maslic Nona detected B245912.20 Tan Non -fibrous Bound 021 Linoleum Heterogeneous 35% Cellulose 50% Vinyl H245912_ 1 Off-white 15% Binder Fibrous Bound None Detected 730 SE Maynard Road • Cary, NC 27511 i 919.481. 1413 Page 3 of 5 Page 255 of 647 eurofins ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo. 128 Sycamore St Lab Code: B245912 Date Received: 03-26-24 Date Analyzed: 03-28-24 Date Reported: 03-28-24 ASBESTOS BULK PLM, ERA 600 METHOD Client ID Lab ID Lab bescription Lab Attributes NON -ASBESTOS COMPONENTS Fibroras Non -Fibrous ASBESTOS 022 B245912.22 Ceiling Tile Heterogeneous White,E3eige Fibrous bound 601 Ce1iuiose 15: Pc:rlite 20% Fikrerj ass Paint None Detected 023 B245912.23 Vent Cauikng Homogeneous Gray Non-f bro[rs Bound 100% Caulk None Detected 730 SE Maynard Road • Cary, IBC 27511 • 919_481.1413 Page 4of5 Page 256 of 647 • e u rof i ns CE1 LEGEND: Non -Until NonAsbestiform Anthophyllite Non-Trern = Non-Asbestiform Tremolite C:alc Carb = Calcium Carbonate METHOD: EPA 600 1 R931 116 and EPA 600 f M4-62 f 020 REPORTING L1MIT: < % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1 % by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBS) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM)_ EPA recommends that all NOBS analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM)_ Please note that PLM analysis of dust and soil samples for asbestos is not covered tinder NVLAP accreditation. Estimated meastrnemenf of uncertainty is available on request, This report relates only to the samples tested er analyzed and may not be reproduced, except in full, without written approval by Furofins CEI, Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description. ANALYST: APPROVED BY: adelyn Schmidt Tianbao Bai, Ph.D., C11-I Laboratory Difector NYIA� TE8TJNG F€VLAP LAB CODE 101?68-0 730 SE Maynard Road Cary. NC 27:5111 • 919.481,1413 Page 5 of 5 Page 257 of 647 eurofins CEI 730 SE Maynard Road, Cary, NC 27511 Tel. BEG-481.141 ; Fax: 919-484-1442 CHAIN OF CUSTODY LA& LosecWLY, CEI Lab Code: CEI Lab I.b. Range: Sci 1 'COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT 4: Job Contact: Company: Hawkeye Environmental Email f Tel. Address. 814 wood lily road, Solon, IA 52333 Project Name: ity of Waterloo — •ect imp 128 Sycamore St Entail; Cody cr KawkeyeEnv,com PO if: Tel; 319-930-8044 Fax: STATE SAMPLES COLLECTED iN: IA IF TAT IS NO ry A;MED STANDARD 3 DAY TAT APPLIES. ASBESTOS _ METHOD TURN AROUND TIME 4 HIS R HR "MAY 2 DAY 3 DAY 5 DAY FILM BULK EPAbC.1) E — H LI • M KM POINT COUNT (400) EPA 600 PI I] a LJ LI Q PL1.1 PDINT COUNT :I000) EPA 6cJ0 CI iT LJ Li C1 n PLM G RAV w POINT COUNT EPA KO CJ Li LJ • PLP.I BULK CARD 435 • • LJ L7 n PC flit AIR* NIOSH 7400 Q IN Pj J M M P1 TEM AIR FYA?HERA M I■ M I■ M TEM AIR NIOSH 7402 M MI M P1 P1 I] TEM AIR IPCMC) ISO 10312 M MId n P1 ■ TEM AIR ASTM 6281-15 P M MI M f TEM BULK CHATFIELD - LI _ L7 El . TEM DUST WIPE ASTLVI D& 0-05 20101 L I ❑ P1 P1 L-i a TEM []UST h'ICROVAC, ASTM D5755-99 (9.014) L 0 Li • • TEM SOIL ASTM D75.1-16 d • IN TEM VERMICULITE CINCINNATI METHOD n M M TE411 QUALITATIVE IN-HOUSE METHOD Q M P1 Q OTi- EH: [] M M C1 CJ Qr •�]rael 6 a hori!d be iaheF, eepa: dm ramp sampf l kit as hard samples. REMARKS / SPECIAL INSTRUCTIONS! VP Accept Samples Reject Salnples = Relinquished By: Date/Time - Received By: I = : onte€Tirne i ,2.e,4-44 3/22/24 Lam} { " 4 l-` J! Samples will be disposed of 30 days after analysis • Page i of Version: CCOC-01.1f1,9i2,LD Para SSA of A47 4inID eurofins CEI COMPANY CONTACT INFORMATION corn Pany-Ha i�eYe Environmental Proect Name: Proiect ID #: SAMPLING FORM M Job Contact: Tel: SAMPLE IN DESCRIPTION f LOCATION VOLUME AREA T ST 001 roof field PL4f TEI4i �� I I 002 window glazing (interior shop) PLd I I TEM 1 I 003 window glazing (interior shop) r'Liul I 1 10 window caulking (shop) PLP41 TEM Q j� 005 window caulking {storefront) PLM TEM F1 1 ] 006 door caulking (storefront) PLM I —I TEM [ —1 007 expansion joint caulking PLM TEM ME [ ] 008 insulation backing (shop) PLM E 1 TEM 009 building caulkftar (Jerirnatar ext) PLM E- I TEM f 010 12" hoar tile (office) PLM [ 1 TEM 1 I Of 1 mastic PLM 1 [ TEM [ k 012 12' Moor tile (office) PLM [ 1 TEM [ 1 013 mastic PLM [ 1 TEM [ 1 01.1 drywall (office) PLM r--1 TEM [ 1 015 tape PLM [7 TEM 1 I 016 joint compound PLM [ I TEM I I 017 — joint compound - PLM (__] TEM [ ] 018 tape (shop storage) PLM TEM L 1 [_I 019 join! compound PLM [1 TEM I 1 020 vinyl base adhesive PLM [ k TEM ! ] 021 linoleum(resiroors) PLM f 1 1EM Ii= 022 ceding lrle PLM TEM l 023 vent caulking FLM i TEM €—I — - PLM I- I TEM [ 1 PLM [ 1 TEM [ PLM TEM [ —11 PIM I I TEM I— I PLM [ 1 TEM [ 1 Page of Version_ CCOC.01.18-2f21D Page 259 of 647 c E 0 (qJ 1- Page 260 of 647 Shop Windows Page 261 of 647 EXHIBIT "C" ASBESTOS ABATEMENT SERVICES CONTRACT AB-2024-05-08P 708 W. 3rd St, 324-326 W. 7th St, 617 W. 1st St, 200 E. Mullan Av, and 1202 Sycamore St (City owned properties), as well as 100 Commercial St, 118 Sycamore St, and 128 Sycamore St (WDC owned properties) This Contract for Asbestos Abatement Services (the "Contract") is entered into as of June 3, 2024, by and between the City of Waterloo, Iowa ("City") and . In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of June 3, 2024 thru August 5, 2024, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents (defined below). The Waterloo Development Corporation (WDC) is an intended beneficiary of this Contract with respect to properties owned by WDC. However, WDC is not liable to Contractor for any sums payable under or in connection with this Contract, City shall be the sole party responsible to pay Contractor for its services hereunder, and Contractor hereby waives any right to pursue collection against WDC on any legal theory or to place a lien against any property owned by WDC. Contractor shall provide the above services at the cost set forth in the Contractor's RFB response. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Proposal) from the Contractor Page 262 of 647 In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within the term of the Contract. 4. Performance Bond. Not required for this Contract. 4.1 Payment Bond. Not required for this Contract. 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record -retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City, and any other agency of state or federal government. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Reserved. 7. Indemnity. Except as to any negligence of City and WDC, and their respective 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 and WDC, and their respective officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City or WDC. 2 Page 263 of 647 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work 3 Page 264 of 647 specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk 4 Page 265 of 647 Addenda Number 1 to Request for Bid ASBESTOS ABATEMENT SERVICES May 2024 RFB Asbestos Abatement Services Contract AB-2024-05-08P 708 W. 3rd St, 324-326 W. 7' St, 617 W. 1st St, 200 E. Mullan Av, and 1202 Sycamore St (City owned properties), and 100 Commercial St, 118 Sycamore St, and 128 Sycamore St (WDC owned properties) City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 266 of 647 Addenda Number 1 1.0 Addenda Issuance Date: May 10, 2024 1.1 RFB Timeline Name of the Bid: Notice of RFB Date: Mandatory Walk Thru: Deadline for Bid Submittal: Contact Person, Title: E-mail Address: Asbestos Abatement Services Contract AB-2024-05-08P May 3, 2024 There was a mandatory walk thru for 118 Sycamore St on Thursday, May 9, 2024 at 1:00 p.m. Bidders that did not have a representative in attendance at that walk thru are NOT eligible to bid on this contract. Thursday, May 23, 2024 at 1:00 p.m., Central Time Aric Schroeder, City Planner/Project Manager (City's Representative) aric.schroederwaterloo-ia.org 1.2 Deadline for additional questions: Thursday, May 16, 2024 at 1:00 p.m. 1.3 Addenda Details: Additional Details for 118 Sycamore Street: Please see the last page for an aerial photo of the roof of 118 Sycamore Street, highlighting the four different "sections" of the building and describing abatement work to be completed under this contract, which includes: - Section 1 Showroom/Offices o Section 1 to be completely abated. Includes drywall joint compound (throughout), panel adhesive (showroom offices) wall tile/adhesive (offices), 12" floor tile (storage room and restrooms), and mastic (entry, under composite flooring). Section 2 Warehouse o No asbestos present, no abatement needed in this section. - Section 3 Warehouse/Offices o This section is not safe to abate and will be demolished as a RACM demo. Therefore, no abatement is needed in this section. Section 4 Warehouse/Offices o Perimeter roof tar/flashing, and Drywall joint compound (offices under mezzanine). Please note: at the walk through it was discussed that it was thought that the floor tile and mastic in the offices of Section 4 were asbestos, but the testing contractor confirmed that this area was sampled (sample #'s 007 and 008) and are non -asbestos. Please note: there is interior remnant roof tar that contains asbestos but will not be abated under this contract, and will be included in the scope of work for the RACM demolition of Section 3. - Drywall joint compound throughout (Sections 1 and 4) were estimated at approximately 2,000 SF. Delayed Notice to Proceed for 118 Sycamore Street o It is anticipated that the contract with the selected bidder will be approved on June 3, 2024. It is anticipated that all properties except 118 Sycamore Street will be issued a ADDENDA NUMBER 1 TO RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-05-08P Page 2of4 Page 267 of 647 Notice to Proceed immediately after execution of the contract. It is anticipated that 118 Sycamore Street will be issued a Notice to Proceed no later than July 8, 2024. Additional Details for 128 Sycamore Street: It is understood that windows along the southeast side (along East 1st Street) and along the rear (river side) may need to be completely removed as part of the abatement. These windows will not be required to be boarded up as part of this contract. It was expected that the windows and doors on the front side (along Sycamore Street) would not need to be removed for abatement, but if they are removed, these windows or doors would need to be boarded up after abatement. Additional Details for 708 W 3rd Street: The asbestos testing report for 708 W 3rd Street noted the description and location for the window glazing as "Black, Roof". That should have indicated "Tan, Exterior". ADDENDA NUMBER 1 TO RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-05-08P Page 3 of 4 Page 268 of 647 118 Sycamore Street, Waterloo - Scope of work by building section Page 269 of 647 Addenda Number 2 to Request for Bid ASBESTOS ABATEMENT SERVICES May 21, 2024 RFB Asbestos Abatement Services Contract AB-2024-05-08P 708 W. 3rd St, 324-326 W. 7' St, 617 W. 1st St, 200 E. Mullan Av, and 1202 Sycamore St (City owned properties), and 100 Commercial St, 118 Sycamore St, and 128 Sycamore St (WDC owned properties) City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 270 of 647 Addenda Number 2 1.0 Addenda Issuance Date: May 21, 2024 1.1 RFB Timeline Name of the Bid: Asbestos Abatement Services Contract AB-2024-05-08P Notice of RFB Date: May 3, 2024 Mandatory Walk Thru: There was a mandatory walk thru for 118 Sycamore St on Thursday, May 9, 2024 at 1:00 p.m. Bidders that did not have a representative in attendance at that walk thru are NOT eligible to bid on this contract. Deadline for Bid Submittal: WAS: Thursday, May 23, 2024 at 1:00 p.m., Central Time This is being changed to Thursday, June 6, 2024 at 1:00 p.m., Central Time Contact Person, Title: Aric Schroeder, City Planner/Project Manager (City's Representative) E-mail Address: aric.schroeder@waterloo-ia.org 1.2 Deadline for additional questions: Thursday, May 30, 2024 at 1:00 p.m. 1.3 Addenda Details: Due to an error in legal notice publication, we need to change the deadline for Bid Submittal and bid opening time to Thursday, June 6, 2024 at 1:00 p.m., Central Time, and change the public hearing and potential award of contract to Monday, June 17, 2024 at 5:30 p.m. The contract term will still be 2 months, but is anticipated to change to June 17, 2024 to August 16, 2024. For those that have already submitted a bid, as long as you choose not to withdraw your bid, it will remain and automatically be opened as part of the bid opening on June 6th. If you have submitted a bid, but this addendum causes issues with your bid, per the bid specs, you can withdraw your bid prior to the closing of bids (now June 6th at 1:00 p.m.) and could either choose not to bid, or submit a revised bid. Sorry for any inconvenience. ADDENDA NUMBER 1 TO RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2024-05-08P Page 2 of 2 Page 271 of 647 Mandatory Walk Through 118 Sycamore Street Thursday, May 9, 2024 at 1:00 p.m. Company Name Representative Name (please print) Aol, L' o--c Ld L v..i .--v--.--AK ( ) 0w s -- i . 1 A r e f., v r r-b-n -Le %I m ( 61!_/ [4, PrPj 1f {.----- 'rw '5" e I'll , c e 7 fil u 416 kt 190.401etfda E.-: k\-etivim� .e Li ec ( It--( vat .1 )) jik‘,..„)( . ,,)::, ,-,.,.4( s-16), /- ..h,,_,,/1Y, U 4y oCA C 40 D A -I i id. 7 Page 272 of 647 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 June 3, 2024 AGENDA ITEM TITLE Motion approving Change Order No. 1 with WRH Inc., of South Amana, Iowa, for a net increase of $58,822.15, in conjunction with Titus Lift Station and Force Main Project, Contract No. 975, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Change Order No. 1 SUMMARY STATEMENT AND BACKGROUND INFORMATION Motion approving Change Order No.1 with WRH. Inc., of South Amana, IA, for a net increase of $ 58,822.15, in conjunction with Titus Lift Station and Force Main, Contract No. 975, and authorizing the Mayor and City Clerk to execute said document. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 273 of 647 ATTACHMENTS 1. 20240522 - 975 TITUS - CO 01 Page 274 of 647 ,4=COM May 21, 2024 Mr. Jesse Gaherty Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa, 50702 Subject: Titus Lift Station and Force Main Change Order No. 1 City of Waterloo, Iowa City Contract No. 975 AECOM #60726355 Dear Mr. Gaherty: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com Attached is Change Order No. 1 for the Titus Lift Station and Force Main project submitted by WRH, Inc. 319-232-6531 tel 319-232-0271 fax The following are the detail for the requested changes. • Bid Items 8 and 12 — Change in valve manufacturers for the plug and gate valves. The lead time to receive the valves from the specified manufacturers was over 1 year. See attached WRH Change Request No. 1 • Bid Item 44A — City Staff requested that a man gate be added to the perimeter fence to the life station perimeter fence. See attached WRH Change Request No. 3 • Bid Item No. 46 - 60" MH needs to be added to the project for the connection of the force main to the existing sanitary sewer. See attached WRH Change Request No. 2 • Bid Item No. 47 - Alignment change east of Parker Street to avoid the signal mast foundation. The design alignment brought the force main into conflict with the mast footing and could compromise the structural integrity of the mast footing. See attached WRH Change Request No. 4 • Bid Items 48A-G — Bedrock was encountered at Grandview Avenue. Directional drilling this area was not possible. These items are to replace the pavement and adjust the sanitary manhole at Grandview Avenue. See attached WRH Change Request Nos. 5 and 6. AECOM recommends the City approves Change Order No. 1 for the addition of $58,822.15 and a revised total contract cost of $6,242,909.15. The increase is 0.95% of the original contract. Yours sincerely, Christopher G. Oelkers, PE Enclosure: Change Order No. 1 dated 05/22/2024 WRH Inc Change Authorization Request Nos. 1, 2, 3, 4, 5 and 6 L:\DCS\Projects\WTR\60726355_Titus_LS_and_FM_CRS\600_Construction_Support\670_Change-Orders\CO 1\FY24 Wat CIPP PH IVB1 - Change Order No 1 LTR.docx Page 275 of 647 CHANGE ORDER 1 A=COM Owner City of Waterloo Project TITUS LIFT STATION AND FORCE MAIN Date: May 22, 2024 Owner's Contract No. 975 Contractor: WRH, INC. SRF NON-SRF Date of Contact Start January 2, 2024 Contract Amount: $6,184,087.00 $ You are directed to make the following changes in the Contract Documents. Description: 8 LIFT STATION WET WELL AND VALVE VAULT WRH CR 1 $ (48,230.00) 12 AIR RELEASE MANHOLE AT TITUS LIFT STATION WRH CR 1 $ (11,900.00) 44A CO NO. 1- 4' WALK GATE WRH CR 3 $ 2,289.26 46 CO NO. 1- 60-IN MANHOLE WRH CR 2 $ 35,967.14 47 CO NO. 1- PARKER STREET WRH CR 4 $ 30,462.75 48A-G CO NO. 1- GRANDVIEW AV WRH CR 5 & 6 $ 50,233.00 TOTAL $ 58,822.15 Reason for Change Order ADDITION Bid Item 8 & 12 are deductions due to a change in valve manufacturers. The specified valve had a 1 yr wait time for delivery Bid Item 44A - City Staff requested that a man gate is added to the lift station site perimeter fence Bid Item 46 - 60" MH needs to be added to the project for the connection of the force main to the existing sanitary sewer. Bid Item 47 - Alignment change east of Parker Street to avoid the signal mast foundation. Excavation and connection cost. Bid Items 48 — Bedrock was encountered at Grandview Avenue. Directional drilling this area was not possible. These items are to replace the pavement and adjust the sanitary manhole at Grandview Avenue. CONTRACT PRICE SRF NON- SRF Original: $ 6,184,087.00 $ 6,184,087.00 $ - Previous C.O.s This C.O. $ - $ 58,822.15 $ - $ 58,822.15 $ $ - Contract Price with all approved $ 6,242,909.15 $ 6,242,909.15 $ - Total Change Orders: $ 58,822.15 0.95% Total CO % TOTAL $ 6,242,909.15 Original Completion Date: Revised Completion Date: CONTRACT TIME To Substantial To Final Completion Completion 11/30/2024 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Owner (Authorized Signature) Date ACCEPTED: BY: May 22, 2024 Contractor (Authorized Signature) Date ACCEPTED: BY: May 22, 2024 AECOM Date AECOM 60726355 1 Project No. C.O. No. Page 276 of 647 Project: CAR No. 1 Reference: RFQ # Change Authorization Request (CAR) DATE Location 05/06/24 Job No. 2401-00-1428 Waterloo, IA Contract No. A Change in the scope of work is indicated below and Owner's prompt approval or rejection of this authorization is requested so that the material may be purchased and to prevent any delay in field operations. Reason for Change: ( ) Design Request ( ) Owner Request ( ) Other ---- Explain ( ) Field Condition ( ) Suggested by Contractor 1) Description of Change: (Refer to drawings, specification, addenda, bulletin if applicable) Electric Pump supplied equipment deductions 2) It is requested that the completion date be; by calendar days. 3) Basis of Payment: a) ( ) Firm price for performing this change is ( ) increased / (X ) decreased by is ( ) increased / ( ) decreased by is ( ) increased / ( ) decreased by b) c) d) ( ( ( Unit Price ( ) extended ( ) decreased ($60,130.00) $0.00 $0.00 $0.00 ) Change to be performed per unit prices in Contract $0.00 The time required to prepare and agree upon a detailed estimate prior to proceeding with the change would unduly delay job progress. The following is an approximate estimate to assist Owner in determining whether or not change should be made. If notified to proceed, a detailed estimate in the form agreed upon, with supporting details, will be submitted after receipt of said notice. Approximate Estimate is ($60,130.00) ) CHANGE WILL NOT BE MADE PROCEED ON THE FOLLOWING BASIS: Firm Price Estimate of Price ) Unit Price in Contract Comments: ( ) Time and Material ( ) Change in Completion Date ( ) No Change Submitted by: $444 Uya Approved by Brad Oja, Project Manager Owner WRH, Inc. Date: 5/6/2024 Date: Page 277 of 647 C.A.R. Calculation Subcontractors C.A.R.# 1 Quantity Unit Unit Rate 05/06/24 Line Total $0.00 $0.00 $0.00 $0.00 $0.00 Material: Supply three (3) Kennedy check valves in -place of three (3) Dezurik check valves. 1.00 LS -$11,800.00 ($11,800.00) Remove one (1) 36" x 36" access hatch. City to provide replacement. 1.00 EA -$730.00 ($730.00) Supply four (4) Red Valve Series D knife gates in -place of four (4) Dezurik knife gates 4.00 EA -$11,900.00 ($47,600.00) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Labor: Carpenter Hr $96.08 Laborer Hr $90.08 $0.00 Equipment Operator Hr $102.55 $0.00 Foreman Hr $105.09 $0.00 Superintendent Hr $111.09 $0.00 Equipment: $0.00 Field Truck Hr $13.46 $0.00 Skid loader Hr $114.44 $0.00 Scissor Lift Hr $22.44 $0.00 Excavator (Mini) Hr $60.59 $0.00 Excavator (Large) Hr $215.42 $0.00 Crane Hr $333.23 $0.00 Dozer (small) Hr $121.18 $0.00 Dozer (large) Hr $127.91 $0.00 Sub -total ($60,130.00) Sales Tax on Material 0.00% $0.00 Contractor's Fee (Self -performed) 15.00% $0.00 Contractor's Fee (Sub -contracts) 5.00% $0.00 $0.00 Bond & Insurance 2.00% ($60,130.00) $0.00 Total Proposed Change ($60,130.00) Electric Pump supplied equipment deductions 2 of 2 Page 278 of 647 Project: CAR No. 2 Reference: RFQ # Change Autnonzation Request (CAR) DATE 05/03/24 Job No. 1428 Location Waterloo, IA Contract No. A Change in the scope of work is indicated below and Owner's prompt approval or rejection of this authorization is requested so that the material may be purchased and to prevent any delay in field operations. Reason for Change: ( ) Design Request ( X ) Owner Request ( ) Other ---- Explain ( ) Field Condition ( ) Suggested by Contractor 1) Description of Change: (Refer to drawings, specification, addenda, bulletin if applicable) Add 60" manhole to south end of force main. Doghouse over existing 30" sanitary sewer and cut in. 2) It is requested that the completion date be; by calendar days. ( ) extended 3) Basis of Payment: a) ( ) Firm price for performing this change along with attached supporting details is ( ) increased / ( ) decreased by b) c) d) ( ( ( Unit Price ( ) decreased $35,967.14 $0.00 ) Change to be performed per unit prices in Contract $0.00 The time required to prepare and agree upon a detailed estimate prior to proceeding with the change would unduly delay job progress. The following is an approximate estimate to assist Owner in determining whether or not change should be made. If notified to proceed, a detailed estimate in the form agreed upon, with supporting details, will be submitted after receipt of said notice. Approximate Estimate is $0.00 ) CHANGE WILL NOT BE MADE PROCEED ON THE FOLLOWING BASIS: Firm Price Estimate of Price ) Unit Price in Contract Comments: ( ) Time and Material ( ) Change in Completion Date ( ) No Change Submitted by: $'i I n Approved by Brad Oja Owner WRH, Inc. Date: 5/3/2024 Date: Page 279 of 647 C.A.R. Calculation C.A.R. # 2 Subcontractors Quantity Unit Unit Rate 05/03/24 Line Total $0.00 $0.00 $0.00 $0.00 $0.00 Material: Precast (Rinker) 1.00 EA $8,407.00 $8,407.00 Rebar (White Cap) 0.25 TN $1,375.35 $343.84 Manhole Casting (Schimberg) 1.00 EA $402.13 $402.13 Rock (BMC) 16.00 TN $21.00 $336.00 Concrete (Manatts) 8.00 CY $165.00 $1,320.00 Trucking 2.00 HR $105.00 $210.00 Utility pole bracing (MidAmerican) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Labor: Project Manager 2.0 Hr $195.17 $390.34 Carpenter 30.0 Hr $96.08 $2,882.40 Laborer 30.0 Hr $90.08 $2,702.40 Equipment Operator 40.0 Hr $102.55 $4,102.00 Foreman Hr $105.09 $0.00 Superintendent 30.0 Hr $111.09 $3,332.70 Equipment: Field Truck 10.0 Hr $13.46 $134.60 Skid loader 12.0 Hr $53.86 $646.32 Scissor Lift Hr $22.44 $0.00 Excavator (Mini) Hr $60.59 $0.00 Excavator (Large) 20.0 Hr $215.42 $4,308.40 End loader 10.0 Hr $114.44 $1,144.40 Crane Hr $333.23 $0.00 Dozer (small) Hr $121.18 $0.00 Dozer (large) Hr $127.91 $0.00 Sub -total $30,662.53 Sales Tax on Material 0.00% $0.00 Contractor's Fee (Self -performed) 15.00% $4,599.38 Contractor's Fee (Sub -contracts) 5.00% $0.00 Bond & Insurance 2.00% $35,261.91 $705.24 Total Proposed Change $35,967.14 Add 60" manhole to south end of force main. Doghouse over existing 30" sanitary sewer and cut in. 0 0 2 of 2 Page 280 of 647 Project: CAR No. 3 Reference: RFQ # Change Authorization Request (CAR) DATE 05/06/24 Job No. 2401-00-1428 Location Waterloo, IA Contract No. A Change in the scope of work is indicated below and Owner's prompt approval or rejection of this authorization is requested so that the material may be purchased and to prevent any delay in field operations. Reason for Change: ( ) Design Request ( ) Owner Request ( ) Other ---- Explain ( ) Field Condition ( ) Suggested by Contractor 1) Description of Change: (Refer to drawings, specification, addenda, bulletin if applicable) Add 4 foot wide walk gate to final perimeter fence. 2) It is requested that the completion date be; by calendar days. 3) Basis of Payment: a) ( ) Firm price for performing this change is ( X ) increased / ( ) decreased by is ( ) increased / ( ) decreased by is ( ) increased / ( ) decreased by b) c) d) ( ( ( ) Unit Price ( ) extended ( ) decreased $2,289.26 $0.00 $0.00 $0.00 Change to be performed per unit prices in Contract $0.00 The time required to prepare and agree upon a detailed estimate prior to proceeding with the change would unduly delay job progress. The following is an approximate estimate to assist Owner in determining whether or not change should be made. If notified to proceed, a detailed estimate in the form agreed upon, with supporting details, will be submitted after receipt of said notice. Approximate Estimate is $2,289.26 CHANGE WILL NOT BE MADE PROCEED ON THE FOLLOWING BASIS: Firm Price Estimate of Price Unit Price in Contract Comments: ( ) Time and Material ( ) Change in Completion Date ( ) No Change Submitted by: $u01 a Approved by Brad Oja, Project Manager Owner WRH, Inc. Date: 5/6/2024 Date: Page 281 of 647 C.A.R. Calculation Subcontractors 05/06/24 C.A.R. # 3 Quantity Unit Unit Rate Line Total Supply and install one (1) 4' wide x 6' tall galvanized walk gate with barb wire, hardware, and proper temination posts (LifeTime Fence) 1.00 LS $1,650.00 $1,650.00 $0.00 $0.00 $0.00 $0.00 Material: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Labor: Project Manager 2.0 Hr $195.17 $390.34 Carpenter Hr $96.08 $0.00 Laborer Hr $90.08 $0.00 Equipment Operator Hr $102.55 $0.00 Foreman Hr $105.09 $0.00 Superintendent Hr $111.09 $0.00 Equipment: Field Truck Hr $13.46 $0.00 Skid loader Hr $114.44 $0.00 Scissor Lift Hr $22.44 $0.00 Excavator (Mini) Hr $60.59 $0.00 Excavator (Large) Hr $215.42 $0.00 Crane Hr $333.23 $0.00 Dozer (small) Hr $121.18 $0.00 Dozer (large) Hr $127.91 $0.00 Sub -total $2,040.34 Sales Tax on Material 0.00% $0.00 Contractor's Fee (Self -performed) 15.00% $0.00 Contractor's Fee (Sub -contracts) 10.00% $204.03 Bond & Insurance 2.00% $2,244.37 $44.89 Total Proposed Change $2,289.26 Add 4 foot wide walk gate to final perimeter fence. 2 of 2 Page 282 of 647 Project: CAR No. 4 Reference: RFQ # Chang, Request (CAR) DATE 05/10/24 Job No. 2401-00-1428 Location Waterloo, IA Contract No. A Change in the scope of work is indicated below and Owner's prompt approval or rejection of this authorization is requested so that the material may be purchased and to prevent any delay in field operations. Reason for Change: ( ) Design Request ( ) Owner Request ( ) Other ---- Explain ( ) Field Condition ( ) Suggested by Contractor 1) Description of Change: (Refer to drawings, specification, addenda, bulletin if applicable) Force main re -alignment at south corner of West Parker Street due to interference with existing traffic signal mast and footing. 2) It is requested that the completion date be; by calendar days. 3) Basis of Payment: a) ( ) Firm price for performing this change is ( X ) increased / ( ) decreased by is ( ) increased / ( ) decreased by is ( ) increased / ( ) decreased by b) c) d) ( ( ( ) Unit Price ( ) extended ( ) decreased $30,462.75 $0.00 $0.00 $0.00 Change to be performed per unit prices in Contract $0.00 The time required to prepare and agree upon a detailed estimate prior to proceeding with the change would unduly delay job progress. The following is an approximate estimate to assist Owner in determining whether or not change should be made. If notified to proceed, a detailed estimate in the form agreed upon, with supporting details, will be submitted after receipt of said notice. Approximate Estimate is $30,462.75 CHANGE WILL NOT BE MADE PROCEED ON THE FOLLOWING BASIS: Firm Price Estimate of Price Unit Price in Contract Comments: ( ) Time and Material ( ) Change in Completion Date ( ) No Change Submitted by: $u01 a Approved by Brad Oja, Project Manager Owner WRH, Inc. Date: 5/10/2024 Date: Page 283 of 647 C.A.R. Calculation Subcontractors C.A.R.# 4 Quantity Unit Unit Rate 05/10/24 Line Total $0.00 $0.00 $0.00 $0.00 $0.00 Material: Rock 16.00 TN $21.00 $336.00 Topsoil 15.00 CY $30.00 $450.00 Hydroseeding, type 1 (approx. 3500 sq ft) 0.10 ACRE $5,500.00 $550.00 Concrete (sidewalk replacement, 20 ft) 1.25 CY $370.00 $462.50 Force main fittings (2 elbows, 1 sleeve) 600.00 LB $8.00 $4,800.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Labor: Project Manager 3.0 Hr $195.17 $585.51 Carpenter 28.0 Hr $96.08 $2,690.24 Laborer 48.0 Hr $90.08 $4,323.84 Equipment Operator 28.0 Hr $102.55 $2,871.40 Foreman 28.0 Hr $105.09 $2,942.52 Superintendent 18.0 Hr $111.09 $1,999.62 Equipment: Field Truck 4.0 Hr $13.46 $53.84 Skid loader 4.0 Hr $114.44 $457.76 Scissor Lift Hr $22.44 $0.00 Excavator (Mini) Hr $60.59 $0.00 Excavator (Large) 16.0 Hr $215.42 $3,446.72 Crane Hr $333.23 $0.00 Dozer (small) Hr $121.18 $0.00 Dozer (large) Hr $127.91 $0.00 Sub -total $25,969.95 Sales Tax on Material 0.00% $0.00 Contractor's Fee (Self -performed) 15.00% $3,895.49 Contractor's Fee (Sub -contracts) 10.00% $0.00 Bond & Insurance 2.00% $29,865.44 $597.31 Total Proposed Change $30,462.75 Force main re -alignment at south corner of West Parker Street due to interference with existing traffic signal mast and footing. 2 of 2 Page 284 of 647 Project: CAR No. 5 Reference: RFQ # Change Autnorization Request (CAR) DATE 05/20/24 Job No. 2401-00-1428 Location Waterloo, IA Contract No. A Change in the scope of work is indicated below and Owner's prompt approval or rejection of this authorization is requested so that the material may be purchased and to prevent any delay in field operations. Reason for Change: ( ) Design Request ( ) Owner Request ( ) Other ---- Explain ( ) Field Condition ( ) Suggested by Contractor 1) Description of Change: (Refer to drawings, specification, addenda, bulletin if applicable) Brees Street x Grandview Avenue open cut. 02-CFM-15, 166+72 to 167+72 (100 feet) open cut through existing asphalt street to complete force main connections due to shallow limestone bedrock interference. 2) It is requested that the completion date be; by calendar days. 3) Basis of Payment: a) ( ) Firm price for performing this change is ( X ) increased / ( ) decreased by is ( ) increased / ( ) decreased by is ( ) increased / ( ) decreased by b) c) d) ( ( ( ) Unit Price ( ) extended ( ) decreased $39,975.40 $0.00 $0.00 $0.00 Change to be performed per unit prices in Contract $0.00 The time required to prepare and agree upon a detailed estimate prior to proceeding with the change would unduly delay job progress. The following is an approximate estimate to assist Owner in determining whether or not change should be made. If notified to proceed, a detailed estimate in the form agreed upon, with supporting details, will be submitted after receipt of said notice. Approximate Estimate is $39,975.40 CHANGE WILL NOT BE MADE PROCEED ON THE FOLLOWING BASIS: Firm Price Estimate of Price Unit Price in Contract Comments: ( ) Time and Material ( ) Change in Completion Date ( ) No Change Submitted by: $u01 a Approved by Brad Oja, Project Manager Owner WRH, Inc. Date: 5/20/2024 Date: Page 285 of 647 05/20/24 C.A.R. Calculation C.A.R. # 5 Subcontractors Quantity Unit Unit Rate Line Total Traffic control (Service Signing) 1 LS $1,750.00 $1,750.00 Saw cutting (Iowa Wall Saw) 130 LF $44.00 $5,720.00 Asphalt patching (Aspro, Inc) 141 SY $38.00 $5,350.40 $0.00 $0.00 Material: Demo 141 SY $25.00 $3,525.00 Subbase Rock 141 SY $20.00 $2,820.00 Concrete 141 SY $160.00 $22,560.00 $0.00 $0.00 $0.00 $0.00 Labor: Project Manager Hr $195.17 $0.00 Carpenter Hr $96.08 $0.00 Laborer Hr $90.08 $0.00 Equipment Operator Hr $102.55 $0.00 Foreman Hr $105.09 $0.00 Superintendent Hr $111.09 $0.00 $0.00 Equipment: Field Truck Skid loader Scissor Lift Excavator (Mini) Excavator (Mid -size) Excavator (Large) Crane Dozer (small) Dozer (large) Sub -total Sales Tax on Material Contractor's Fee (Self -performed) Contractor's Fee (Sub -contracts) Bond & Insurance Total Proposed Change Hr $13.46 $0.00 Hr $114.44 $0.00 Hr $22.44 $0.00 Hr $60.59 $0.00 Hr $121.18 $0.00 Hr $215.42 $0.00 Hr $333.23 $0.00 Hr $121.18 $0.00 Hr $127.91 $0.00 0.00% 15.00% 5.00% 2.00% $39,975.40 $0.00 $0.00 $0.00 $39,975.40 $0.00 $39,975.40 Brees Street x Grandview Avenue open cut. 02-CFM-15, 166+72 to 167+72 (100 feet) open cut through existing asphalt street to complete force main connections due to shallow limestone bedrock interference. 2 of 2 Page 286 of 647 Project: CAR No. 6 Reference: RFQ # Chanye hull iui 14auuil Request (CAR) DATE 05/20/24 Job No. 2401-00-1428 Location Waterloo, IA Contract No. A Change in the scope of work is indicated below and Owner's prompt approval or rejection of this authorization is requested so that the material may be purchased and to prevent any delay in field operations. Reason for Change: ( ) Design Request ( ) Owner Request ( ) Other ---- Explain ( ) Field Condition ( ) Suggested by Contractor 1) Description of Change: (Refer to drawings, specification, addenda, bulletin if applicable) Existing manhole #1777 major manhole adjustment. Per SUDAS Standard Specifications. 2) It is requested that the completion date be; by calendar days. 3) Basis of Payment: a) ( ) Firm price for performing this change is ( X ) increased / ( ) decreased by is ( ) increased / ( ) decreased by is ( ) increased / ( ) decreased by b) c) d) ( ( ( ) Unit Price ( ) extended ( ) decreased $8,500.00 $0.00 $0.00 $0.00 Change to be performed per unit prices in Contract $0.00 The time required to prepare and agree upon a detailed estimate prior to proceeding with the change would unduly delay job progress. The following is an approximate estimate to assist Owner in determining whether or not change should be made. If notified to proceed, a detailed estimate in the form agreed upon, with supporting details, will be submitted after receipt of said notice. Approximate Estimate is $8,500.00 CHANGE WILL NOT BE MADE PROCEED ON THE FOLLOWING BASIS: Firm Price Estimate of Price Unit Price in Contract Comments: ( ) Time and Material ( ) Change in Completion Date ( ) No Change Submitted by: $u01 a Approved by Brad Oja, Project Manager Owner WRH, Inc. Date: 5/20/2024 Date: Page 287 of 647 C.A.R. Calculation Subcontractors C.A.R. # 6 Quantity Unit Unit Rate Material: 1' x 48" precast manhole barrel, cone, adjusting ring, chimney seal, casting, demo and removal, hauling, labor, and equipment 1.0 EA $8,500.00 05/20/24 Line Total $0.00 $0.00 $0.00 $0.00 $0.00 $8,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Labor: Project Manager Hr $0.00 Carpenter Hr $0.00 Laborer Hr $0.00 Equipment Operator Hr $0.00 Foreman Hr $0.00 Superintendent Hr $0.00 $0.00 Equipment: Field Truck Skid loader Scissor Lift Excavator (Mini) Excavator (Mid -size) Excavator (Large) Crane Dozer (small) Dozer (large) Sub -total Sales Tax on Material Contractor's Fee (Self -performed) Contractor's Fee (Sub -contracts) Bond & Insurance Total Proposed Change Hr $0.00 Hr $0.00 Hr $0.00 Hr $0.00 Hr $0.00 Hr $0.00 Hr $0.00 Hr $0.00 Hr $0.00 0.00% 15.00% 5.00% 2.00% $8,500.00 $0.00 $0.00 $0.00 $8,500.00 $0.00 $8,500.00 Existing manhole #1777 major manhole adjustment. Per SUDAS Standard Specifications. 2 of 2 Page 288 of 647 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 June 3, 2024 AGENDA ITEM TITLE Motion to approve Change Order No. 1 with Municipal Pipe and Tool Co., LLC, of Hudson, Iowa, for a net increase of $29,355.94, in conjunction with FY 2024 CIP Pipelining Phase IVB1 Project, Contract No. 1102, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve change order No. 1 SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT Motion approving Change Order No. 1 with Muncipal Pipe , of Hudson, IA, for a net increase of $29,355.94, in conjunction with FY 2024 CIP Pipelining Phase IVB1 Amendment No. 1 , Contract No. 1102, and authorizing the Mayor and City Clerk to execute said document. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 289 of 647 ATTACHMENTS 1. 20240516 FY24 Wat CIPP PH IVB1 - CO 1 Page 290 of 647 AECOM May 16, 2024 Mr. Jesse Gaherty Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa, 50702 Subject: FY 2024 CIP Pipelining Phase IVB1 Amendment No. 1 City of Waterloo, Iowa City Contract No. 1102 AECOM #60721823 Dear Mr. Gaherty: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax City Staff Recommends lining of the segments from City Manhole No. 2652 to 29097 in SA 23 due to high I&I at near the Bosnian Center. AECOM recommends approval by the City to approve Change Order No. 1 in the amount of $29,355.94. This Change Order increases the Contract by 5.44%. The revised Contract Amount is $569,348.33. CONTRACT PRICE Original: $ 539,992.39 BASE + ALT 1 Previous C.O.s $ This C.O. $ 29,355.94 CO 1 Contract Price with all approved $ 569,348.33 Total Change Orders: $ 29,355.94 5.44% Total CO % Yours sincerely, Christopher G. Oelkers, PE Enclosure: Change Order No. 1 Form Plan Sheet CO No. 1 L:\DCS\Projects\WTR\60721823_FY_2024_CIPP\600_Construction_Support\ 660_Change_Orders\CO 1\FY24 Wat CIPP PH IVB1 - Change Order No 1 LTR.docx Page 291 of 647 A=COM Original Completion Date: Revised Completion Date: CHANGE ORDER 1 Owner City of Waterloo Project FY 2024 CIP PIPELINING PHASE IVB1 Date: May 16, 2024 Owner's Contract No. 1102 Contractor: Municipal Pipe Tool Co. LLC Date of Contact Start March 4, 2024 Contract Amount: BASE + ALT 1 $ 539,992.39 You are directed to make the following changes in the Contract Documents. Description: 101 8" Diameter CIP Pipe Lining $ 23,361.22 102 Pipe Televising - 8" $ 2,497.80 103 Type A Pipe Cleaning - 8" $ 3,496.92 TOTAL $ 29,355.94 Reason for Change Order CITY STAFF Recommends lining of these segments in SA 23 due to high I&I at near the Bosnian Center CONTRACT PRICE Original: $ 539,992.39 BASE + ALT 1 Previous C.O.s This C.O. $ 29,355.94 CO 1 Contract Price with all approved $ 569,348.33 Total Change Orders: $ 29,355.94 5.44% Total CO CONTRACT TIME To Substantial To Final Completion Completion 11/30/2024 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Owner (Authorized Signature) ACCEPTED: BY: /l (A.t.01/1 Wa/O C iti k-ask-- Date May 16, 2024 Contractor (Authorized Signature) Date ACCEPTED: BY: May 16, 2024 AECOM Date AECOM 60721823 1 Project No. C.O. No. Page 292 of 647 2730 200784 29083 6 15-01-07 15-01-08 2729 \ \ 15-01-09 / r \ 39487 I O l :! V17-11-11 I W 1 17-11-12 (48 V� 3948 .l I 2720 7-11- 4 IW I ik I \ 0 \ 17-11-10 2732 I.. r & T. \ 15-01-17 I v 22 gg 15 01-10A14 c.10\ ?00790 15-13502 5-14-02 11 17-20-01 2758 1 2674 \ 113 QQ 0J 789 P / 15-27 :� I 4 - // Q2761 / 2763 15-12 200786 / 2� a� 0� 200743 £' %/ 17-16-03 2629 / 17-16-01 / \ \ 2632 /.z 17-16-02 d m. 4 O 1 -1 03 \ II ' m it 506 200770 I 14-12 ;,IIIIIIIIIr 1 I 17-11-13 \ 29097\ 17-� 2649 �¢ \ \ / 0 ,\17-15 art. 1{ 17-14-02 2639 40 200769 17-13-01 2612 2007621 I 14-11 200746 14-10 Ei 200776 CI14-04-0571 ti W i-r KIPLING RD \ \ 2690 17-11-09 2677 17-11-08;_ \ \ 2689 \;\17-11-07 i \88 17-1661-06 17-1 105 i /17-11-04 200742 j 17-11-03 . 1 2682 1 2678 23471 23473 Ak 017-11-02 2661 17 09 17-08 \ 2671 17-10..- O \ 17-11-01 / \ 17 07 \ �► \ 23474 / \3948� / O . , \ i Nev". \\LS2325• 23468- -J 4 \ 17-1 // �4/ � ,ter ( ��� 17-065 _ - � \\ 200741 / 200763 200764 2618 2621 \ 2A-8\ 200745 17-12-01 / 14-09-01 14-01-23 14-01-22 14-01-21 \ 17-14 L _ 17-13 \ /2656 I \ - --1/ 17-12 \ 1 I QUIGBY RD. \ 17-14-01 1200765 2617 \ 2642 4) , I--L: ,i h I . 14-01-08 14-01-07 _ — — -06 \ 94_ cp 2670 \17-05 i i \ 14-09 I _ - - - -05 P J 14-01-18 14 01 17 \ 14- p 200766 2607 200758\ 20 ?� 2Fin I Z KIPLING RDI.4-01-04;, __ i CI PP BID ITEM 2 3 4 DWG MH City MH MH City MH Route 8" 10" 12" Lat CHANGE ORDER NC. 1 - SA 23 C01 17-17 200747 17-16 2652 Marigold Drive 319 0 C01 17-18 2683 17-17 200747 Marigold Drive 190 0 C01 17-19 29097 17-18 2683 Marigold Drive 0' 320 50' N 100' 0 200' NOTES SCALE 1. LATERAL QUANTITIES ARE BASED ON SEGMENT HOUSE COUNT TAKEN FROM AERIAL. THESE QUANTITIES SHALL BE CONSIDERED APPROXIMATE. THE CONTRACTOR SHALL FIELD VERIFY THE QUANTITY TO ENSURE ALL ACTIVE LATERALS ARE REINSTATED AND GROUTED. 2. CONTRACTOR SHALL CONTACT THE ENGINEER PRIOR TO ANY OUT OF SCOPE MAIN LINE CLEANING OR ROOT REMOVAL. ANY EXTRA CLEANING OR ROOT REMOVAL UNDERTAKEN BY CONTRACTOR PRIOR TO BEING GRANTED PERMISSION BY THE OWNER IS AT THE CONTRACTORS RISK. IN THESE CASES, THE CONTRACTOR SHALL STOP WORK ON THAT SEGMENT TO ALLOW THE ENGINEER AND OWNER TO REVIEW THE SITUATION AND DETERMINE THE BEST WAY FORWARD. 3. THE CONTRACTOR SHALL DOCUMENT ANY SIGNIFICANT DAMAGE TO THE MAIN LINE ON THE SEGMENT LOG. CONTACT THE ENGINEER IF THE MAIN LINE PIPE IS TOO DAMAGED TO LINE. THE CONTRACTOR SHALL PROVIDE THE OWNER A SNAP SHOT PICTURE OF THE DAMAGE FROM THE PRE- VIDEO FOOTAGE. 4. THE CONTRACTOR SHALL CONTACT THE ENGINEER REGARDING ANY EXISTING DAMAGE TO LATERALS DISCOVERED DURING THE CLEANING AND PRE- VIDEO ACTIVITIES THAT WOULD PREVENT LINING OR GROUTING WORK. 5. THE CONTRACTOR SHALL DOCUMENT AND VERIFY WITH THE ENGINEER ALL PRESUMED ABANDONED LATERALS INCLUDING THOSE EXTENDING TO EMPTY LOTS. THE SEGMENT SHALL NOT BE LINED UNTIL THE ABANDONMENT IS VERIFIED. VERIFY SCALE IF PLAN SHEET IS REDUCED T z 05/08/24 ti 0 0 0 CHANGE ORDER NO. 1 FOR BIDDING O 0 0 0 0 V CO (n N 0 D _ 0 0 C0 J • Z 0_ 0 - wZ Z H - a1- J 3U w < 0_ LL 0_ - 0 I- 0_ Z >-o 0- I—U U UI- N U 0 N >- LL SERVICE AREA NO. 23 CHANGE ORDER NO. 1 DATE MAY 2024 PROJECT NO 60721823 FILENAME CIP PH IVB1 SHEET NO DRAWING NO CO NO. 1 Page or e4 ( CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department June 3, 2024 AGENDA ITEM TITLE Motion to approve a Fireworks Display Application by Dan Mast for the East vs. West baseball game on June 4, 2024, beginning at 9:30 p.m. for approximately 5 minutes. 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 294 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE June 3, 2024 AGENDA ITEM TITLE Communication from the Leisure Services Department on the notice of the conclusion of employment of Madonna Welsh, Office Coordinator/Bookkeeper, effective May 24, 2024, with recommendation of approval of payout of $17,390.63 for unused benefits. 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. WELSH PAYOUT 6-3-2024 Page 295 of 647 Page 296 of 647 CITY OF )4f4TERLO O IOWA Community of Opportunity City Council Notice of Employment Severance Today's Date: 5/23/2024 Department: Leisure Services Effective Date: 5/24/2024 Job Classification: Office Coordinator/Bookkeeper Employment Date: 12/4/2001 Employee Name: Madonna Welsh The employment with the named City of Waterloo employee has been severed by reason of: O Retired Disability Related ❑ No 111 Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Vacation -Accrued Total Hours (x) Hourly Rate Payout 78 $ 30.14 $ 2,350.92 Vacation -Current 256 $ 30.14 $ 7,715.84 Usable Sick Leave 44.7 $ 30.14 25% $ 336.81 Casual Hours 9.88 $ 30.14 $ 297.78 Comp Time Pay 221.94 $ 30.14 $ 6,689.27 Unscheduled Leave Other Pay Comments 0 $ 0 $ 30.14 30.14 $ $ Total Payment $ 17,390.63 i Approved by '/ Date 5- 4 V Nam' F e24- 05/24/2024 Human Resources Date Council Agenda Date: 6/3/2024 KMW Page 297 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department June 3, 2024 AGENDA ITEM TITLE Emily Hanson, Board/Commission: Library Board of Trustees, Expiration Date: June 30, 2030, [New]. 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. Boards and Commissions Application - Emily Hanson Page 298 of 647 CITY 9F TERLCO CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: 03/20/2024 Emily Hanson (Name) 1. Library Board of Trustees request to be appointed to (state preference): 2. open to others if needed Home Phone: nia Cell Phone:515-720-0175 Work Phone:3 19-433-1 153 Email Addressemily.hanson@bhcga.org Home Address383 Sheridan Rd Waterloo, IA 50701 Employer Black Hawk County Gaming Employer Address 114 E 4th Street Suite 300 Zip Code50701 Title Executive Director Zip Code50703 How long have you resided in Waterloo? 9 yrs Email address:emlly.hanson@bhcga.org List current membership in organizations and offices held: UNI Nonprofit Leadership Alliance - Advisory Board Member, Iowa Council of Foundations - Member Grantmakers for Effective Organizations - Member, Grow Cedar Valley - Member Cedar Valley Nonprofit Association - Member, Iowa Nonprofit Alliance - Member, UNI Women in Politics - Board Member I am available for meetings: A.M. ❑✓ P.M. 0 Noon 111 Evenings I am available to serve on a Board/Commission the entire year: ®Yes ONo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: Masters in Public Administration with 10 years experience as an executive director in Waterloo managing community boards, collaborating with cities and school districts, and fundraising Additional information and comments that may not be evident from information already on this form: I have a deep appreciation for libraries and believe they serve a vital role in the community. I've also taught adjunct at UNI for over 6 years years in the recreation, tourism, and nonprofit leadership department. References (include phone numbers): Alice Shirey (BHCGA Board President) - 319-610-4770 Kingsley Botchway (BHCGA Board Vice President) - 319-438-2238 Carolyn Rafferty (BHCGA Past President) - 319-296-5515 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 calendar year from above date. Signature Rev 02/20/2020 or RETURN -TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayor�a7waterloo-ia.orq; PHONE 291-4301 Page 299 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department June 3, 2024 AGENDA ITEM TITLE Lynn LaGrone, Board/Commission: Library Board of Trustees, Expiration Date: June 30, 2030, [New]. 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. Boards and Commissions Application - Lynn LaGrone Page 300 of 647 CITY OF �J�TERLDD CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: W2-4 (71 ,nllr k^CU(7Yz-Cni e' (Name) 1. , request to be appointed to (state preference): 2. Vit 1Home Phone: �1 .Z(3Cell Phone: (-01 ' 2-' b' Le' [�� Work Phone:'r 6' r 1)). Email Address t \-, ''f (0))''►� � t (�O(\L° 61 eHome Address Sr) A A t `4, Zip Code 0I Employer �' Vv . (, u C9 ueP Title��U—AA UEmployer Address 1� ` 0 J Zip Code 57771 How long have you resided in Waterloo? 1 7yrs Email address: I VIA In 1 Gi iyPV) 071 - L.ist current membership in organizations and offices held:�1- jV T/FA � V NA1-4' 1WW4t l!,fi // h (TAAAA J am available for meetings: A.M.❑P.M. [Noon [Evenings I am available to serve on a Board/Commission the entire year: ()Yes ONo If no, list months not able to serve: Ak1-44 Briefly explain your qualifications for appointment to a designated Board/Commission: ` ' ) ± 6 .a Additional information and comments that may not be evident from information already on thjs form: 1,o vCd--- fru- 4 A 'Stall - References (include phone numbers): ,tV +` !Ckitt LE 13I'7. ,41Za7 Ladr,r 319, A6). 260.5 understand this application does not bind me to accept an appointment shotiId 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 applica)ian wil remain valid and on file for one calendar year from above date. Signatur Rev 02/20/2020 or RE URN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayor(awaterloo-ia.orq; PHONE 291-4301 Page 301 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department June 3, 2024 AGENDA ITEM TITLE James Lentfer, Board/Commission: Veteran Memorial Hall, Expiration Date: June 3, 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. Boards and Commissions Application - James Lentfer Page 302 of 647 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: raoky 1 t ao K 1, rr 6 S L d n it'e_r request to be appointed to (state preference): (Name) 1. Vi.lf-e'reAtt5. ifSi. rte9 C-IGet Ceppi `o2. Home Phone: 3c4'6(4.3 O `! CeII Phone: 3M" i./49-igg.1 Work Phone: Email Address .T, f.(te, rf c t ( ai ; 5'16 C6e4r, Home Address AGO Cr-e 6/vtt tt& Zip Code 5707 Employer Title Rk(/r� Employer Address Zip Code How long have you resided in Waterloo? (• a yrs Email address: List currentrmembership in organizations and offices held: CG•tq lit fi/71, ?r3 t 76,73 U Li.I &33 U5 . ,fr1 -r v t 1-6._':c am available for meetings: ©A.M. [1 P.M. Noon © Evenings I am available to serve on a Board/Commission the entire year: ®Yes ONo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: :L 44rUtc6' yd-cir5 �t c'�C,cS 7htQ)Z v e PAi /17zG- 5 (arrz-rn( - - r r Z/ / 4. e <44, tarn. Pity Additional information and comments that may not be evident from information already on this form: _ M �, ,,,ggs C'C7;Ar, ()l,) 53e Aj e 41,, apeitec rGn-. r7776a4-00 e 1 C'6r-. -ne f(3 References (include phone numbers): (, ct r y Arc n d l 75 Gr'c= 't /7 ig $ ' 6 i /11 R e 4 I /? $i� fl e(/) tcl r 03 r 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 calendar year from above date. Signature ?e.:..,„Z Rev 02/20/2020 or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayor@waterloo-ia.org; PHONE 291-4301 Page 303 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Leisure Services Department June 3, 2024 AGENDA ITEM TITLE Leisure Services Commission Board minutes of April 9, 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. Board Minutes 04-09-2024 Page 304 of 647 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, April 9, 2024 300 Jefferson Street The meeting was held in the Cedar Valley SportsPlex Multipurpose Room at 300 Jefferson Street. The meeting was called to order at 7:32am. Present: Council Liaison Dave Boesen, Jessica Rucker, Ellen Vanderloo, Tom Powers, Tom Christensen, Robert Welch, Council Liaison Nia Wilder joined the meeting at 7:45am Staff: Paul Huting, Chris Dolan, Travis Nichols, Bob Etringer, Todd Derifield, JB Bolger Absent: Allison Richter, Tim Moses Tom Christensen called for approval of the agenda. Motioned by Jessica Rucker to approve the agenda, second by Tom Powers. Ayes: All Nays: None Tom Christensen called for motion for the approval of the March 12, 2024 meeting minutes. Motion by Tom Powers to approve the meeting minutes, second by Jessica Rucker. Ayes: All Nays: None REVIEW OF BILLS Tom Christensen called for approval of the bills. Questions were answered. Motion by Ellen Vanderloo to approve March 2024 bills, Jessica Rucker made a second. Ayes: All Nays: None COMMITTEE ASSIGNMENTS The Committee Assignments were distributed. DEER TASK FORCE PROGRESS REPORT 2023-2024 Todd Derifield reviewed the Deer Task Force Progress report as informational for the board. UPDATE ON FYE2025 BUDGET PROCESS This is informational for the Board. A City Council work session on the FY2025 budget was held April 1st. Information from the session was reviewed. PROJECT UPDATE — TRANSFORMING GATES AND BYRNES PARKS Disbursement from the $1 million CAT grant from the State of Iowa have begun. A written request has been sent to Black Hawk County for disbursement of their $50,000 match amount. Travis has been managing multiple change orders with new savings from value engineering currently in excess of $1 million. Woodruff Construction is continuing work at Gates Park with the Spray Park building totally enclosed. Work has started on the Amphitheater and associated restroom building and parking lot. Peters Construction has the contract for the Byrnes Park Aquatic Center. Bath house renovation work is well underway and is to be completed by May 15, 2024. The entire project is to be completed by May 15, 2025. Page 305 of 647 STAFF UPDATES Forestry — Todd Derifield The City of Waterloo recently received the Tree City USA award for the 40th year in a row. Waterloo was awarded a tree grant in the amount of $5,000 from MidAmerican Energy. The grant will be used to plant trees in the Gates Park improvements project. The recent high winds caused a number of tree and branch failures for crews to cleanup. Trees in the Plant Waterloo residential tree program sold out in the first two weeks. These trees will be distributed on May 9th from 4-5:30pm at the 1101 Campbell location. Sports and SportsPlex — Bob Etringer SportsPlex membership numbers are going well. In comparison between years with the date of April 8. In 2023 he had 5502 members. In 2024 we have 6200 members. The numbers are very positive heading into the summer months. The Infrared Sauna has been active for roughly six weeks. During this time the SportsPlex has received $2,148.00 in revenue. The numbers seem to be a very positive revenue source going forward. SportsPlex facilities revenue finished last fiscal year at $220,000. This year we project to be right at or exceed that number. This seasons activity registration numbers are high at this point of the year. Spring activity registrations are at 442 participants. This includes A & T Ball, Golf Academies, Karate, Soccer and USSSA Baseball/Softball. Summer activity registrations are at 1720 participants. This includes A & T Ball, Optimist Baseball/Softball, Sports Sampler, Tennis Lessons and Swim Lessons. Saturday, April 27th the SportsPlex will host the 3rd Annual Pump & Run at 9:00am. Construction, Projects — Travis Nichols The construction crew is transitioning from winter garbage route to summer route. They are placing over 200 cans out in the park system. Restroom water turn on has started with RSP concessions and Straub Fields being 1st due to T-ball and USSSA leagues starting. Majority of all parks will be turned on by end of April. The staff continues to do park inspections and general maintenance from those inspections. Current projects include the Gates and Byrnes improvements. We received bids on Sulentic shelter and are working with the Sulentic Foundation and our engineering department to find additional funding as the bids came in higher than expected. Golf and Downtown Area — JB Bolger The Park Maintenance Crews are completing finish grade and turf restoration at Edison Park around the new shelter and at Greenbelt Lake around the new shelter and around the perimeter trail and new memorial seats overlooking the lake this week. We sat down with representatives from Sailor Nation Softball and Baseball regarding them fixing up and using the ball diamond at Galloway Park. This diamond has nice fencing but the ball diamond surface itself is overgrown and has not been programmed by our staff for around 15 years. We have an informal/verbal agreement in place now that allows them to make some minor improvements to the space while we draft a more formal agreement to bring back to the Leisure Services Commission and City Council. Golf rounds report was distributed. The last month has been less than ideal weather which cooled off the big rush of business we had in February and early March. Page 306 of 647 Young Arena — Chris Dolan The Waterloo Black Hawks final regular season home game will be on Saturday April 13 vs Dubuque at 6:05 pm. Attendance per game average is 2564. Currently the Black Hawks are in 3rd place in the Western Division. Playoffs will start the Week of April 15. Young Arena will be the host site May 10-12 for USA Hockey Central District Camp for players age 17. Participants will be representing, Iowa, Nebraska, Wisconsin, Kansas, Missouri, Illinois. The next regular Leisure Services Commission Meeting will be held Tuesday, May 14, 2024. Ellen Vanderloo made a motion to adjourn the meeting, second by Tom Powers. Tom hristensen adjourned the meeting_ at 8:26am. sviit L _— .. , Secretary Jessica Rucker 51 1�+IL4 Page 307 of 647 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 Historic Preservation Commission minutes of March 19, 2024. RECOMMENDED COUNCIL ACTION Approval. MEETING DATE June 3, 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. Historic Minutes 3-19-24 Page 308 of 647 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING — March 19, 2024— 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: Jared Hottle, Nick Hedrick, Ed Ottesen, Cole Weliver, Matthew Gilbert, and Hector Salamanca Arroyo (arrived at 5:00pm) Commission Member(s) absent were: Susan Price, Ivan Valtchev, and Terry Stevens. Others present were: Lexi Schneider - Planning Staff, and Tim Kuhlmann — Cedar Valley Historical Society Approval of Agenda Motion made by Ottesen, seconded by Hedrick to approve the agenda of the March 19, 2024 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Hedrick, seconded by Hottle to approve the minutes of the February 20, 2024 regular meeting. Motion carried unanimously. Oral Presentations No Report Hearinjis 1. Request by Andy Mills for a Certificate of Appropriateness to allow for the installation of LP Smart Siding on two dormers at 124 Alta Vista Avenue. Schneider presented the staff report for the request. Gilbert questioned what LP Smart Siding is, to which Ottesen explained it is a new siding similar to hardie board and can be painted. Gilbert questioned if the structure is owner -occupied, to which Weliver noted it is owner occupied. The Commission explained they had no concerns with the LP Smart Siding. Motion made by Hedrick, seconded by Ottesen to approve the request by Andy Mills for a Certificate of Appropriateness to allow for the installation of LP Smart Siding on two dormers at 124 Alta Vista Avenue. Motion carried unanimously. 2. Naming 2024 Historic Preservation Award Winners Schneider presented the four nominations that were received for possible award winners. The -1- Page 309 of 647 nominations included Billie Bailey (Former Grout Museum Executive Director), Jim Walsh (Former owner of JSA Development), JSA Development for their work on a 1920 fire station, and the 415 Walnut Collective. Motion made by Ottesen, seconded by Weliver to approve the following individuals and organizations as 2024 Historic Preservation Commission Award Winners: Billie Bailey (Former Grout Museum Executive Director), Jim Walsh (Former owner of JSA Development), JSA Development for their work on a 1920 fire station, and the 415 Walnut Collective. Motion carried unanimously. Reports 1. Main Street Ottesen stated the Design Council reviewed a request to reface a sign although the review was not needed. Ottesen explained that volunteers are still needed for different events which can be found on the Main Street Waterloo website. Donations are also still needed flowers. Main Street has received $5,000 in donations but needs $10,000. There is information on the website on how to donate. Hottle questioned if the Main Street Design Council ever denies signs, to which Ottesen noted they do sometimes, but they try to work with the applicant. 2. Silos and Smokestacks. No Report. 3. Grout Museum Gilbert noted Gallagher was not able to make the meeting but wanted to share that the Grout is looking forward to the dinosaur exhibit. They are also still waiting to see what the legislature will do about the levy, and they are working on completing the search for a new Executive Director. 4. Project Update No Report. 5. Highland Weliver explained that the easter egg hunt will be held on Saturday, March 23, 2024. The gardens will return this year again, but they will be larger and will be fenced this year. 6. Walnut Gilbert stated there has been progress on finding a location for the park in the Walnut Neighborhood. ISG has been working on designs for 415 Walnut Street and they should be -2- Page 310 of 647 presented to the public in May. The book read of "Toxic Chairty" was a success in the new community room at All -In -Grocers. Discussion Items/Possible Action Items 1. Dunsmore House Schneider noted the Commission needs to come up with a plan for a City Council work session. Gilbert noted it has been decided to turn the structure into a residence. Hedrick explained the commission needs to request money from the City Council to get the structure to a point that it is not continuing to drastically deteriorate. Gilbert noted the Dunsmore House would be a good project to present at the Awards Ceremony to get community input. Gilbert stated he could be a contact for Dunsmore House since he did serve on the Friends of Dunsmore House Committee that was created by Pat Morrisey. Tim Kuhlmann questioned if JSA or Hawkeye Community College was contacted about being involved with the rehab of the home. Hottle noted he spoke with both organizations, but they were unable to spearhead the project. The commission decided to hold a poll or have an activity at the Historic Preservation Commission Awards Ceremony to gather public input and then speak with the City Council at a work session on their plan for the structure on the 20th of May. 2. 2024 HPC Awards Banquet Gilbert explained Tour De Loo is set for May 16, 2024 from 4:30pm to 9pm. The Tour will be from 4:30pm to 7pm, the social from 5:30pm to 7pm and the Awards Ceremony will begin at 7pm. When the Awards Ceremony commences there will be more gathering time with door prizes until 9pm. Commissioners discussed having different pamphlets, such as the Civil Rights History Project brochure at the event. They would also like to present the past award winners as an interactive walkthrough around the room. Schneider stated Jessica with Main Street Waterloo has questioned whether the Commission is able to help with the cost or fabrication of signs along the Tour. The commission noted they would like to know how much the signs would cost before they agree to help. Schneider explained she can ask how much they would be and get back to the commission. 3. School Art Project 2024 Gilbert explained he has discussed the project with Terry Stevens. Stevens has contacted the Waterloo Center for the Arts about helping to fund the project. Gilbert and Stevens have been in contact about making the School Art Project into an Art Fellowship that would last about 4 to 8 weeks. There are many art projects with other organizations in the area, such as the Youth Art Team, which the commission would have to compete with if they continued to only do the school art project. -3- Page 311 of 647 Gilbert explained the Youth Art Team is working on murals at basketball courts in parks and they are starting with Fergurson Fields Park. The interviews for the mural project start this Sunday. Gilbert passed around a flier with a possible mural design for the project. 4. Main Street Waterloo Collaboration No Report 5. Other Collaborations Ottesen explained that he met with retired schoolteachers at Perkins this morning and gave them information about the Civil Rights History project. The individuals were very appreciative of the presentation and were glad to hear there is more information about the project on the Historic Preservation Commission website. Tim Kuhlman noted he would like to collaborate with the Waterloo Historic Preservation Commission on the Cedar Valley Historical Societies program next year. The Cedar Falls Historic Preservation Commission is working with neighborhood organizations to preserve historic homes. Friends of the Grout is looking for someone to help them with applying for the Historical Resource Development Program Grant. Gilbert noted he is not aware of anyone who could help, but the deadline for the grant is now July 2025 and it will be awarded later. 6. City -Owned Properties and Demo List No Report 7. Maps No Report 8. Goals and Action Plans Schneider went through the Goals and Action Plans for the Commission. Hottle and Ottesen volunteered to create a list of the most unique architectural significant buildings in the city and ask for assistance from local architects. Ottesen explained that anyone from the commission could write an editorial letter to the Courier and they just need to send a picture of themselves with it. Schneider noted the Commission needs to come up with a project to apply for grants. An example for the CLG Grant could be sending letters to properties that are historically significant in Waterloo, so property owners are more aware of the Historic Preservation Commission and the history of their home. Hottle explained he will speak with the Northeast Iowa Board of Realtors to possibly set up a session to educate realtors on the Historic Preservation Commission and the process for homeowners who live in a historic district, such as the Highland Historic District. -4- Page 312 of 647 Discussion Items: No Report Design Guidelines: No Report. Adjournment Chairperson Gilbert adjourned the meeting at 5:50 p.m. Respectfully submitted, Lexi Schneider Planner I 5- Page 313 of 647 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 June 3, 2024 AGENDA ITEM TITLE Planning, Programming, and Zoning Commission minutes of March 12, 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. P&Z Minutes March 12, 2024 Page 314 of 647 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING, AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. MARCH 12, 2024 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Vice -Chairperson Schoborg at 4:00 p.m. via Zoom and in person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Kristen Schafer, Patricia Serfling, Phillip Shirk, Eric Donat, Cody Leistikow, and Brandon Schoborg. Members present electronically were: None. Members absent were: Janelle Ewing and Steve Trost. (One position open). Others present were: Aric Schroeder, Seth Hyberger, Lexi Schneider, and John Dornoff — Planning Department; Jamie Knutson — City Engineer; and 3 citizens. Others present electronically: Dave Boesen — City Council Liaison. I. Approval of the Agenda It was moved by Serfling and seconded by Donat to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the regular meeting on January 9, 2024. It was moved by Donat and seconded by Serfling to approve the minutes of the January 9, 2024 meeting. Motion carried unanimously. III. Financial Report January 2024. Schroeder reviewed the financial report. It was moved by Leistikow and seconded by Serfling to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations There were no oral presentations. V. New Business A. Special Permit 1. Request by Antioch Baptist Church for a Special Permit to allow for an agricultural building on separate lots from the main church in the "R-2" One and Two Family Residence District located south of 215 Oneida Street. Schneider read the staff report recommending approval of the request. Schoborg asked for clarification that this building has been there for a while and this is to allow it to stay there. Boesen asked if there was ever a permit taken out for the building and if so an inspection and if not will it be a condition to which Schroeder responded he did not think a permit was issued. Page 315 of 647 Planning and Zoning Commission March 12, 2024 Leistikow asked if there was any electricity in this building, to which Schroeder responded no. It was moved by Leistikow and seconded by Donat to recommend approval of a request by Antioch Baptist Church for a Special Permit to allow for an agricultural building on separate lots from the main church in the "R-2" One and Two Family Residence District located south of 215 Oneida Street with the condition that the building gets a building permit and is inspected. Motion passed unanimously. 2. Request by Cesar Gomez Salazar for a Special Permit for a religious facility in the "R-4" Multiple Residence District located at 834 West 4th Street. Dornoff read the staff report recommending tabling the request. Donat asked how long should the item be tabled to which Schroeder responded it would the recommendation of staff that it be tabled indefinitely since it is uncertain how long it will take the applicant to work with the Building Inspections Department and get architect on board and it could take while. Serfling asked if it is currently operating as a church and will continue to which Schroeder responded that it would have to be reviewed with the Building Depaitinent, Fire Department, and Code Enforcement and they could issue an order to stop occupying but they will generally only do this if there was a genuine safety concern. Schoborg asked if the Commission tables this item or recommends denying the item they will still need to work out these items to which Schroeder responded that they will have to address this item regardless, but staff recommended the tabling because there is serious questions if they are going to be able to meet the requirements and if not then staff will recommend denial of the Special Permit. Serfling asked if they would have to make significant progress before the item is brought back before the Commission to which Schroeder responded that they would not necessarily make the corrections but they would need to have an architect on board and be willing to move forward with corrections. Kim MacLin, 828 West 4th Street, Anacapa Associates, submitted a letter that was sent to the applicant stating that they are not opposed to the church; however, they have concerns about access to the alley and do not want that area adjacent to their garage striped for parking. MacLin stated that they are not opposed to the church using the area for parking on Sundays and would encourage them to agreement with Tri- County Head Start to use their large parking lot. It was moved by Leistikow and seconded by Shirk to table the request in definitely by Cesar Gomez Salazar for a Special Permit for a religious facility in the "R-4" Multiple Residence District located at 834 West 4'h Street. Motion carried unanimously. B. Encroachment Agreement 1. Request by Cedar Valley Fish Market for an Encroachment Agreement to allow for a food cart and garbage can in the right-of-way of Division Street in the "M-2" Industrial District located at 218 Division Street. Hyberger read the staff report recommending approval of the request with the following condition: a fully signed and executed encroachment agreement. -2 Page 316 of 647 Planning and Zoning Commission March 12, 2024 Donat asked if the applicant was advised about the concerns of the Fire and Engineering Departments, to which Schroeder responded that it was not so much a concern but wanted it noted that the path and access will be maintained. It was moved by Schaefer and seconded by Donat to recommend approval of a request by Cedar Valley Fish Market for an Encroachment Agreement to allow for a food cart and garbage can in the right-of- way of Division Street in the "M-2" Industrial District located at 218 Division Street with the following condition: a fully signed and executed encroachment agreement. Motion carried unanimously. 2. Request by Luke Patterson for an Encroachment Agreement to allow for a step and landing in the right-of-way of West 5th Street located in the "C-2" Commercial District located at 510 West 5th Street. Hyberger read the staff report recommending approval of the request with the following conditions: 1) a fully signed and executed encroachment agreement, and 2) that approval is for option one into the street right-of-way only due to safety concerns with the encroachment if it went into the alley. Schroeder wanted to note that the applicant was requesting two options, but the staff has concerns about the alley encroachment. That concern was relayed to the applicant, but the applicant wanted to proceed with both options, so the staff recommended Option 1. Donat asked for clarification that Option 1 was the street right-of-way, which Schroeder confirmed. It was moved by Leistikow and seconded by Donat to recommend approval of a request Luke Patterson for an Encroachment Agreement to allow for a step and landing in the right-of-way of West 5th Street located in the "C-2" Commercial District located at 510 West 5th Street with the following conditions: 1) a fully signed and executed encroachment agreement, and 2) that approval is for option one into the street right-of-way only due to safety concerns with the encroachment if it went into the alley. Motion carried unanimously. VI. Discussion The next meeting of the Planning, Programming, and Zoning Commission will be held on April 9, 2024. VII. Adjournment It was moved by Donat and seconded by Shirk to adjourn the meeting at 4:31 pm. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner II -3 Page 317 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Airport Department June 3, 2024 AGENDA ITEM TITLE Airport Board meeting minutes of April 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. Airport Board Minutes of April 24, 2024 Page 318 of 647 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday, April 24, 2024 I. ROLL CALL Chair, Scott Voigt, called the meeting to order at 12:00 p.m. Board Members Present: Scott Voigt, Gwenne Berry, Chris Bering, Arlene Humble, David Deeds, Todd Holcomb. Board Members Absent: Katy Susong. City Officials Present: John Chiles, Board Liaison; Adrienne Miller, Planning. City Officials Absent: Ray Feuss, Board Liaison. Airport Staff Present: Steven Kjergaard, Sheila Combs. Additional Attendees: Doug Schindel, AECOM; Tim Newton and Bob Petersen, Livingston Aviation. II. AGENDA AS RECEIVED OR AMENDED III. PUBLIC COMMENTS N/A IV. REPORTS A. Airport Director In addition to his written report, Mr. Kjergaard gave the following updates: • The pre -construction meeting for the Taxiway A project was held April 186`, with an anticipated construction start date of May 6`h`. A change order is expected for an emergency patch to a section of Taxiway B, where the pavement is failing due to the joints popping. This repair may require a 30-day closure of Taxiway B. • Work is being completed on the projects under the CARES grants. All funds must be obligated no Later than April 29, 2024. Projects are also being lined up to use available funding under the CRRSA and ARPA grants. Working to get security upgrades in place. A list of the anticipated annual costs for items needed for CAT 3 was included in the packet. • This year's IDOT Vertical Infrastructure project will include painting and tuckpointing on Hangar 4, which should start soon. The pre -construction meeting for the parking canopies project (IDOT CAIF) is scheduled for May 16`11, with construction to begin sometime in June, depending on delivery of materials. 1 Page 319 of 647 • Discussed Enplanement/Deplanement numbers from March. There is a Caesars charter and an Honor Flight scheduled in June, which will help the annual total enplanement numbers. • He has completed the review of the Airport Security Plan, except for two outstanding sections, which he met with the consultant to go over on April 19th. He did a walls -through with AECOM and CEC. The current door access system will need to be replaced. • FAA doesn't anticipate any funding issues beyond the May 10th expiration of the Continuing Resolution, there should be another Continuing Resolution in place by then. B. Legislative Information NIA C. Misc. Monthly Airport Reports Reviewed fares and AA performance for March. V. BOARD APPROVAL A. Approval of Minutes of the March 27, 2024 Meeting Dr. Holcomb moved approval of the minutes of the March 27, 2024 meeting, seconded by Mr. Deeds. Ayes: 5. Motion carried. 13. Motion to Receive and File March 2024 Expenses Mrs. Humble moved that the March 2024 expenses be received and filed, seconded by Mrs. Berry. Ayes: 5. Motion carried. VI. OLD BUSINESS N/A VII. NEW BUSINESS N/A VIII. STAFF AND BOARD MEMBER COMMENT Mr. Kjergaard stated that he spoke with the Dubuque Airport Director about the possibility of partnering on Sun Country charters. He was very interested in trying to make that happen. 2 Page 320 of 647 IX. ADJOURNMENT Moved by Mrs. Humble, seconded by Dr. Holcomb, that the meeting be adjourned at 12:45 p.m. Ayes: 5. Motion carried. Respectful l submitt C �rperson 3 Page 321 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department June 3, 2024 AGENDA ITEM TITLE Liquor Licenses a. The American Legion, 728 Commercial St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 6/14/2025. b. Experience Waterloo, Lincoln Park, Special Class C Alcohol w/Outdoor Service and Sunday Sales (New 5-Day) Exp: 6/9/2024. c. Hickory House, 315 Park Rd., Class C Alcohol w/Sunday Sales (Renewal) Exp: 5/23/2025. d. Riverloop Expo Plaza, 400 Jefferson St., Special Class C Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 1/24/2025. e. Rodney's Kitchen Soul Food & Catering, 624 Sycamore St., Special Class C Alcohol w/Sunday Sales (New) Exp: 6/14/2025. f. Main Street Waterloo, Lincoln Park, Special Class C Alcohol w/Outdoor Service and Sunday Sales (New 5-Day) Exp: 6/21/2024, 7/12/2024, 8/9/2024 and 8/30/2024 g. Main Street Waterloo, Riverloop Expo Plaza, Special Class C Alcohol w/Outdoor Service and Sunday Sales (New 5-Day) Exp: 8/31/2024. h. Southtown Lounge, 2026 Bopp St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 6/7/2025. i. Main Street Waterloo, 300 Jefferson St., Special Class C Alcohol w/Sunday Sales (New) Exp: 6/15/2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 322 of 647 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 323 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department June 3, 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_6.3.24 Page 324 of 647 RIGHT-OF-WAY CONSTRUCTION BONDS FOR COUNCIL APPROVAL June 3, 2024 95-BA-H822-5 BLACK HAWK CONCRETE WORKS WATERLOO, IA 101172446 C & C WELDING, INC. WATERLOO, IA SU 7110936-0000 COLVER CONSTRUCTION LLC WATERLOO, IA IA5108920 HAWKEYE COMMUNITY COLLEGE WATERLOO, IA 7901006032 MARTINEZ CONCRETE, LLC EVANSDALE, IA SYA3865 MIDWEST EXCAVATION AND TRUCKING, LLC CLARKSVILLE, IA 100069988 SEASONAL MANAGEMENT LLC CEDAR FALLS, IA Page 325 of 647 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 June 3, 2024 AGENDA ITEM TITLE Sale and conveyance of city -owned property located east of 127 Conger Street in the amount of $1.00, to Perry & Michelle Gamblin, including approval of a Development Agreement to include the construction of a garage with a minimum size of 24 feet by 24 feet, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicants are requesting to purchase the city -owned lot adjacent to their home at 127 Conger Street in order to construct a new garage that will be a minimum of 24' X 24'. NEIGHBORHOOD IMPACT This could have a positive influence on the neighborhood as it will be a new addition to the area and will put a city -owned lot into private hands. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Lot No. 10 in R. N. Cowin's Addition to the City of Waterloo, Iowa Page 326 of 647 ATTACHMENTS 1. Development Agreement 2. Gamblin Aerial Page 327 of 647 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 , 2024, by and between Perry Gamblin and Michelle M. Gamblin (collectively, "Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. Developer owns real property at 127 Conger Street and desires to acquire abutting real property owned by City, identified as parcel no. 8913-23-228- 002, legally described as set forth on Exhibit "A" attached hereto (the "Property"). City considers development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that placement of the Property on the tax rolls and providing for certain improvements to the Property is in the best interests of the City 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. Safe of Property; Title. Subject to the terms hereof, City shall convey the Property to Developer for the sum of $1.00 (the "Purchase Price"), receipt of which is acknowledged. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. Developer may, at its own expense, obtain whatever form of title Page 328 of 647 evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. Closing shall occur within sixty (60) days after mutual execution of this Agreement by the parties, on a date mutually agreeable to the parties. 2. improvements by Developer. Developer acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Developer agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. Developer shall construct on the Property a garage with dimensions of no Tess than 24'x24' and shall properly dispose of all construction debris and seed or sod any ground disturbed by the project. The work of Developer as described in this Section is 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. Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. Developer will be responsible to clear trees and brush, if any, from the Property at its own cost to allow for construction of all Improvements. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Developer under this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Developer, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), the Improvements must be Substantially Completed within twenty-four (24) months after the date of this Agreement (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means that the Improvements have been completed to a state that City in its reasonable judgment considers to be complete, including but not limited to any final building inspections. If the Improvements are Substantially Completes on the schedule stated above, then City may terminate this Agreement as set forth in Section 10, and City shall then have no further obligation under this Agreement. In any circumstance where Developer's progress on the Project fails to meet the schedule stated above, then 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 any further time extensions will require 2 Page 329 of 647 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 Developer (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. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage, encumbrance, property tax or special assessment (collectively, "Liens") arising by or through Developer. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Developer shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby irrevocably constitute and appoint City as its attorney -in -fact. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Developer's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Until the Improvements have been Substantially Completed, Developer shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Developer with respect to construction of the Improvements. B. Developer will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would 3 Page 330 of 647 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. D. Developer shall make no sale or conveyance of the Property or any portion thereof separately from sale or conveyance of Developer's own property, without City's prior written consent. 6. No Encumbrances. Until completion of the Improvements, Developer agrees that it shall not create, incur, or suffer to exist any Liens on the Property. Developer may not mortgage the Property or any part thereof for any purpose before the Improvements are Substantially Completed. Any mortgage in violation of this Section shall be void. 7. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 8. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. 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 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. B. 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), financial position, or results of operations 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. 4 Page 331 of 647 9. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Developer to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. 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. 10. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Developer of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Developer shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Developer before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Developer that the Event of Default will be cured as soon as reasonably possible. 5 Page 332 of 647 C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 11. Indemnification. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any Toss or damage to property or any injury to or death of any person occurring at or about the Project site or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its directors, officers, employees, contractors or agents, or any other person who may be about the Project site or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. The provisions of this Section shall survive the expiration or termination of this Agreement. 12. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 13. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 14. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 6 Page 333 of 647 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, 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 127 Conger Street, Waterloo, Iowa 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, 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. 16. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 17. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 18. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. if, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 19. 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. 7 Page 334 of 647 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 22. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 23. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor %"""u erry amblin Attest: - �1;� i ch (7b10- Kelley Felchle, City Clerk Michelle M. Gamblin 8 Page 335 of 647 EXHIBIT "A" Legal ❑escription of Property Lot No. 10 in R.N. Cowin's Addition to the City of Waterloo, Iowa. Page 336 of 647 Citti of Waterloo, Iowa I Deno '2'27 of RA 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 June 3, 2024 AGENDA ITEM TITLE Sale and conveyance of city -owned property located at 1738 Flower Street, in the amount of $10,000.00, to Babic Properties, LLC, including approval of a Development Agreement for the construction of an 8-plex apartment building, a grant of $5,000.00 per unit for a total grant of $40,000.00 for infill housing development, and approval of an Early Access Agreement. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo took possession of the 8-plex located at 1738 Flower Street, and requested proposals for either the rehabilitation or redevelopment of the site. The City of Waterloo received three bids, including two bids to rehab the existing 8-plex and one bid to demolish the existing 8-plex and build a new 8-plex building on the site. Staff reviewed the requests, including approximated taxable values of the end product, and determined that the proposal to demolish the existing building and build a new 8-plex would be in the best interest of the City of Waterloo. The public hearing would include a approval of an Early Access Agreement. NEIGHBORHOOD IMPACT Redevelopment of the lot would have a positive impact on the 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 N/A ALTERNATIVE ACTION Page 338 of 647 Not approve LEGAL DESCRIPTION The Southwesterly 150 feet of Lot No. 7 in Littlefield Addition in Black Hawk County, Iowa. ATTACHMENTS 1. Babic Prop infill DA (8 units) 4-02-24 2. Bid Tab 03-01-24 - Rehab RFP 1738 Flower St 3. Babic early access agt Page 339 of 647 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 , 2024 by and between Babic Properties, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct a multi -unit dwelling and related improvements on property located in the City of Waterloo as an infill lot in an established residential neighborhood, as described on Exhibit "A" attached hereto (the "Property"). 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 Project (defined below) is being 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 of this Agreement, City shall convey the Property to Company for the sum of $10,000.00 (the "Purchase Price"). Conveyance by City 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 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 1 Page 340 of 647 Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. 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. Company shall demolish all existing structures on the Property, properly dispose of debris, construct on the Property a new 8-plex apartment building as further described and depicted in Exhibit "B" attached hereto. The Improvements shall be completed to a finished state, including installation of paved driveway, sidewalk, stormwater control improvements, 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 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 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 in paragraph B below), Company must commence construction of the Improvements within six (6) months after receiving title to the Property (the "Project Start Date"), and Substantially Complete construction within fourteen (14) months after the Project Start Date (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 any Project elements for which no permit was necessary have been Substantially Completed. If Company has not constructed the Improvements within the required period or any extended period, then City may terminate this Agreement. All deadlines are subject to Unavoidable Delays. The City's Community Planning 2 Page 341 of 647 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 reverter of title. If Company does not begin the Project 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 14, 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 14, 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, or to refund the Purchase Price in whole or in part. 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 hereunder, then 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, or past -due or currently due property taxes (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. 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 irrevocably 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, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of 3 Page 342 of 647 any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. A "Lien" is any lien, claim, charge, security interest, mortgage or encumbrance on, against or affecting the Property. 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. 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 associated connection fees. 6. Incentives. To aid in the Project, City will provide the following incentives: A. Infill Housing Grant. As provided in the City's infill housing policy, City will pay a grant of $5,000.00 to Company for timely completion of each unit of the Improvements, up to a total grant of $40,000.00. Such grant will be payable within ninety (90) days after City has verified that the Improvements have been Substantially Completed. B. Refund of Purchase Price. City will refund up to $5,000.00 of the Purchase Price to Company within ninety (90) days after all of the Improvements have been Substantially Completed. C. Partial Tax Exemption. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company or its successor in title meets all requirements to qualify for such exemption. 7. 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. 4 Page 343 of 647 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. 8. 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. 9. 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 thereon, 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. 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. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. 5 Page 344 of 647 C. 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. D. 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. E. 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 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. F. 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. 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 employees, contractors or agents, or any other person who may be about any of 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, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the 6 Page 345 of 647 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. 13. 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. Transfer by Company of any interest (either directly or indirectly) in the Improvements or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. 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. 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, 7 Page 346 of 647 incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 14. 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 and/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. 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 8 Page 347 of 647 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 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 4388 Harbin Drive, Waterloo, Iowa 50701, 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. 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. 9 Page 348 of 647 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 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. 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 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, 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. 26. 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 BABIC PROPERTIES, LLC By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 10 By: 6i . G,-- Se vedin Babic, Manager el o Page 349 of 647 PERSONAL GUARANTY. The undersigned members and/or managers 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, if any. Liability of guarantors hereunder is joint and several. S rvedin Babic 11 Page 350 of 647 EXHIBIT "A" Description of Property The Southwesterly 150 feet of Lot No. 7 in Littlefield Addition in Black Hawk County, Iowa. 1 Page 351 of 647 See attached. EXHIBIT "B" Building Plans 1 Page 352 of 647 C FL; tmmmm, -C _t D fA C 4.4"/1`1- IUMMILWSkR1•31 PIritOF PICIIMN]Fi M kI.G9.bP k101=N6YTHL 110AW N 19MIM7/RMINR: OC•1I1TitIgr_►:AMMc• �111111111111I I I I 1 O OOD oo❑ D I 1 1 1 I I111111111111111111 8._1Y" 8.-1W BABIC PROPERTIES 8 - PLEX 2024 SCALE: 1/4" = 1' 0" DRAWN BY: DATE: REVISED: DRAWING: �e353 f 647 NV1d OOld NIVIN , . III' ,2Y Il -. II Ili , r 1 Y P E g :Eamrialk gam ,Immi iiiiminik . - & . gi [ R 0; r li nw.-201, ii4 —Au E...1.AL r- -imiwr m.mmg_ in ammo t ,---4 e 8 0 1 ,,, q ' ibil ' ini IN 8 8 - -- i ' 1 ' 4 q 11211111111111 i ' At JIM 11111111111111: Inninnli g =RIM IM- =NM =17.....a• agi MIS= IMN INI 2 ; ; 2 , •"imiiaiww=1 8 1 7 RIME.M M7M7n M. I= . gwalink - 1F 0 E-4 b - - - E41 7 71N r =am— . E 1 = .iii. r . , ,..,.... --,.... . 4 • 7 N N % 4 4 1 • ... t 188 0"9 ,z' P - - 0 ,r0 11 CD C D 0 z 0 c4 -<c o 0 SIGNATURE REQUIRED TO REMOVE WATER MARK DRAWING AS DEPICTED ON SHEET BABIC PROPERTIES 8 - PLEX 2024 SCALE: 1/4" = 1,0" DRAWN BY: CONTRACTOR. 84474L7,L DATE: REVISED: DRAWING: 143itz.354 --grai,rmt="Lr f 647 1� OS 0L6 :.LINn H'JV3 SIGNATURE REQUIRED TO REMOVE WATER MARK :321f11HNOIS m 133HS NO 031O1d30 SV ONIMV2i0 NV1d NOO1d ON003S CENTER LINTF BUILDING 29'-0• 10'-BY." 3%" 3'/=" 11'-10%" 5'-11%" 5'-11%" "Ir 11,10'/.• 5'-11Y." _ 5'-11%" I, 2,7" 4 2,7' ((,� 10•-8'W 3%" SLIDER SLIDER 3%" 3%" 3W o n \215111121281112121.11111118NASSRP UNIT -- 8 929 SQ.FT. CO . RAM rInnwN,_ 81nnnnnn inAAAAMnn11 -- VANAAAA8117011151111991 _AIRIMMIllAt, ,RnnnNnnnnn:AMISSAWMA,nnnNn I\ UNIT --5 929 SQ.FT. \ \ , 1 c1 0 0 CO M It 5/^ N P. 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SLIDER 5'-11%" 5'-11%" '-10%• 3%" 3'h• 3% 28'-7W 3%" 3%' 3%' 28'-7/• 36 36'-0 CENTER LINEF BUILDING BABIC PROPERTIES - 8 PLEX 2024 SCALE: 1/4" = 1'_0' DATE: THE DESIGNS, SPECIFICATIONSANDPLANS REPRESENTED HEREIN ARE THE PROPERTY OF SPAHN 8 ROSE LUMBER CO. THESE PLANS AND DE SIGN THIS SPECIFIC PROJECT DEVELOPED NOT BE REPRODUCED OR COPIED FOR ANY PURPOSE WITHOUT THE EXPRESSED WRITTEN pERMIssIo FSPAHNSRQSE LUMBER a.Qanp irl rl rt RI7 THESE PLANS ARE BEING FURNISHED BY SPAHN 8 ROSE LUMBER COMPANY BY DRAFTSMEN WHO ARE NOT LICENSED ARCHITECTS OR ENGINEERS. CONSTRUCTION FROM THESE PLANS SHOULD NOT BE UNDERTAKEN WITHOUT THE ASSISTANCE OF A CONSTRUCTION PROFESSIONAL. SPAHNS ROSE LUMBER CO. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. THE GENERAL CONTRACTOR AND/OR OWNER SHALL ASSUME FULL HABIL, FOR ACTUAL FIELD DIMENSIONS, DETAILS, CONSTRUCTION TECHNIQUES, AND STRUCTURAL REQUIREMENTS CONFORMING TO ALL STATE AND LOCAL CODES AND ORDINANCES. SPAHN 8 ROSE LUMBER CO. ACCEPTS NO RESPONSIBILITY FOR STRUCTURAL INTEGRITY WHICH SHALL BE THE SOLE RESPONSIBILITY OF THE OWNER AND/OR CONSTRUCTOR. CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EXCLUDED. USERS OF THESE PLANS UNDERSTAND AND AGREE THAT NO WARRANTIES HAVE BEEN PROVIDED, EXPRESS NOR IMPLIED AND SPAHNSROSE LUMBER CO. DECLINES ANY ANDALL CLAIMS FOR FAULTY WORKMANSHIP. I// SWufl nob C� JE818)R&WA DRAWN BY: REVISED: CONTRACTOR: DRAWING: NVld N0IIVONf1Od 0 U � u u 0 O z 72'-0' 3fi'-0• CENTER LINEpF BUILDING 29'-0' 3fi'-0• ' c • C = AHr� ..-I N. m m e !/ C z k - el 2 x 6 PLUMBING WALL o I- 2x6PLUMBING oHVEH L I W "�8'-5'/.' 18' 5% / T- I• IC i - E 31 N 12'-0 5,5W 7% 8•_]'/_�� u 5'-5W 12-0• ' I i J rL,,3m 8-0 .g 17' 1%' 8-0 A'LI L I A OR �-h 9 r •• ••. i ~ A /a l/ v .sue 6 D ~ 17.-1%' '�� i a i litil Q ) e 1 1I L—_ r y a 20'-10W Ir J ,33 4 S; - 8 r° >, 24'-10W a 24'-10% i a 2, 0 E - 9 - 7 ® d.. 1' '! ..h ® 1 17.-1W °255/. r - >y s•-o• y v5 y as Nv-0• - D•• •• •• io• 12'-0' : - - G/ 12' 0" 1. 5'-5/." -7,4 O O 9 ]� J' i i• E 7: 18'-5 • ------" u, IC m 18' 5W C CZ 5 ovv. / III - - I oxvrn g ty C Z hi I 2.,°LUMax ALL I-V. ,r 2.8PLUMP. wul}I g ..e .. •a - . m cam • _ . a -- a .a .. _ ca ..•a - SIGNATURE REQUIRED TO REMOVE WATER MARK :31f11VNOIS m 133HS NO 03101d30 SV ONIMV2i0 28'-7A" 28'-7A" 38'-0' 38'-0' CENTER LINE/ FBUILDING / SCALE: 1/411 = 1'_0" DATE: THE DESIGNS, SPECIFICATIONSANDPLANS THESE PLANS ARE BEING FURNISHED BY SPAHN B ROSE LUMBER COMPANY BY DRAFTSMEN WHO ARE NOT LICENSED ARCHITECTS OR ENGINEERS. CONSTRUCTION FROM THESE PLANS SHOULD NOT BE UNDERTAKEN WITHOUT THE ASSISTANCE OF A CONSTRUCTION PROFESSIONAL. SPAHN& I// REPRESENTED HEREIN ARE THE PROPERTY ROSE LUMBER CO. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. THE GENERAL CONTRACTOR AND/OR OWNER SHALL ASSUME FULL MARL, FOR ACTUAL FIELD DIMENSIONS, DETAILS, CONSTRUCTION TECHNIQUES, AND STRUCTURAL BABIC PROPERTIES C� OF SPAHN 8 ROSE LUMBER CO. THESE PLANS AND DE SIGNS WE DEVELOPED REQUIREMENTS CONFORMING TO ALL STATE AND LOCAL CODES AND ORDINANCES. SPAHN 8 ROSE LUMBER CO. ACCEPTS NO RESPONSIBILITY FOR STRUCTURAL INTEGRITY WHICH SHALL BE THE SOLE RESPONSIBILITY OF THE OWNER AND/OR CONSTRUCTOR. CONSEQUENTIAL DAMAGES ARE DRAWN BY: `SWHN HOHi REVISED: SPECIFIC PROJECT NOT BE REPRODUCED OR COPIED FOR ANY SPECIFICALLY EXCLUDED. USERS OF THESE PLANS UNDERSTAND AND AGREE THAT NO WARRANTIES HAVE BEEN PROVIDED, EXPRESS NOR IMPLIED AND SPAHNSROSE LUMBER CO. DECLINES ANY AND ALL CLAIMS FOR FAULTY WORKMANSHIP. - 8 PLEX 2024 CONTRACTOR: PURPOSE WITHOUT THE EXPRESSED WRITTEN JESUP,IOWA PH: (319)82]-1448 DRAWING: pERMIssIo FSPAHNSR SEL BER MSPAI it-rihi nt° Fd7 F'r VI .dr1531. 35.8 .1,15 110 00 X3-18 - 8 831.1.83c1088 018V8 VI 'df1S3r 3SO H NHVdS X31d - S3I_W3dOld 01EIVEI NO11036 11VM W ri il. ilssimmism- Ititintitititintitititititititititititititil pf ititnitititititilitnititititifititititititil lk ipi pa. '08 '188 09 TO' 11011111101110010.11110.0011111,011100 =1= TO' if 8'-11/8" VI'dns3r 3S02:1 NHVdS X31d - 8 S3I_MdCMd 0IEIVEI = ..8/£ 11VM NOWIA100 iaT. %Ca 8'-11/8" °°, fl \ PAMMMAMMAMMIUMMUMUM AMMUMMIAMMUMMAMMAMMI" IMMAMMTRAMMTAMMUMAMMT INATUMMATUMMATRAMMTRAIMMN BABIC PROPERTIES 8 - PLEX 2024 SCALE: 1/4" =1,0" DRAWN BY: CONTRACTOR. DATE: REVISED: DRAWING: &170357 --,grairmt="4,7 f 647 0 6 8/£ 3lVOS VI'df1S3f 3SON'S NHVdS NOI103S 2IIV1S X3ld - 8 S3112i3dOHd 018V8 • 91/ 8'-1'/." % 0•4' 8'-1W ♦ » u ♦ •' 6 • 111111111ttft 11111111f1..f1. • 111111ttft k 111111ttft _ M.. (15) RISERS (14) TREADS 7 5/16" • • • • • • • .$111111111iHHlili1111111111111iHIiiflUtlil9 5'-3" • ' • xc1 m�' D m 75/16" z O b 8'-1W ,, `f1G5%" Page 358 of 647 12 ASPHALT SHINGLE 15# ROOFING FELT OVER 1/2" OSB SHEATHING C/W H-CLIPS CONTINUOUS AIR VENT BAFFLES @ 24" O.C. TO BE INSTALLED SO AIR FLOW IS NOT RESTRICTED CONTINUOUS EAVES PROTECTIO ALUMINUM ROOF EDGE & FASCIA COVER \I� ALUMINUM SOFFIT W/ EQUALLY SPACED VENTS TYPICAL 2 x 6 EXTERIOR WALL: HORIZONTAL VINYL SIDING OSB SHEATHING AIR BARRIER 92 5/8" - 2 x 6 STUDS @ 16" o.c. R - 21 BATT INSULATION 6 MIL POLY VAPOR BARRIER 1/2" GYPSUM BOARD TYPICAL 2 x 6 EXTERIOR WALL: HORIZONTAL VINYL SIDING OSB SHEATHING AIR BARRIER 92 5/8" - 2 x 6 STUDS @ 16" o.c. R - 21 BATT INSULATION 6 MIL POLY VAPOR BARRIER 1/2" GYPSUM BOARD 2X6 SILL PLATE ON GASKET FASTENED TO FOUNDATION WALL WITH 1/2" DIAMETER ANCHOR BOLTS AT 6'-0" O.C. GRADE TO BE 6" MIN. BELOW TOP OF CONC. FOUNDATION WALL TYPICAL 8" CONCRETE WALL: 8" CONCRETE DAMPROOFING AS REQ'D 6" GRAVEL (MINIMUM) ON 4" DIA. WEEPING TILE I 4 ONO 1.4 110.1 140 N lye 110.1 4111 l0.1 y1.0 PRE -BUILT ROOF TRUSSES. VERIFY DESIGN w/ MFG. k_5/8" DRYWALL ON POLY VAPOR BARRIER R-50 INSULATION TYPICAL I - JOIST FLOOR SYSTEM: 3/4" T&G OSB SUBFLOOR; GLUED & NAILED 11 7/8" I - JOISTS @ 16" o.c. -R - 19 INSULATION (2) LAYERS 5/8" FIRECODE DRYWALL TYPICAL BASEMENT FLOOR: 4" CONCRETE SLAB c/w MESH REINFORCEMENT 6 mil POLY VAPOR BARRIER COMPACTED GRANULAR FILL REINFORCING BARS 2" RIGID FOAM INSULATION 16" x 8" REINFORCED CONCRETE FOOTING WALL SECTION SCALE: 3/8" = 1'-0" 4-24-24 CEILING LINE \ MAIN FLOOR CEILING LINE TOP OF SLAB BABIC PROPERTIES 8 - PLEX SPAHN & ROSE JESUP, IA Page 359 of 647 WNW 0 / 0 Request for Development Proposal 1738 Flower Street March 1, 2024 Bid Tab $1,000 earnest fee required for this bid Bidder Earnest Fee Bid Amount Improvement Valuation Improvement Detail EIC Enterprises, LLC Yes $90,501 $396,000 Rehab existing 8-plex. Wilson Assets LLC & Concept to Creation LLC Yes $52,000 $300,000 to $400,000 Rehab existing 8-plex. Improvement estimated range provided, but no detailed cost estimate provided Babic Properties LLC Yes $10,000 Missing Demolish existing 8-plex and build a new 8-plex. Building plans provided, but no cost estimates Page 361 of 647 EARLY ACCESS AGREEMENT This Early Access Agreement (the "Agreement") is entered into as of 2024, by and between the City of Waterloo, Iowa ("City") and Babic Properties, LLC (the "Developer"). WHEREAS, City and Developer are parties to a development agreement concerning a project to be undertaken by Developer on certain real property located at 1738 Flower Street, Waterloo (the "Property"); and WHEREAS, the parties desire that Developer have access to the Property to begin certain activities before the Property is conveyed to Developer pursuant to the development agreement. NOW, THEREFORE, in consideration of the future transactions contemplated by the parties as described above, and in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. City hereby grants to Developer the right to enter upon the Property to begin development activities, including but not limited to demolition and site cleanup, subject to required permitting. The term of this Agreement shall be from the date hereof until the date that City delivers a deed to Developer for the Property pursuant to a development agreement. Developer's right to conduct its activities upon the Property is expressly made subject to prior receipt of applicable zoning, building, and other regulatory approvals. This Agreement does not authorize Developer to begin any new construction activities. 2. Developer shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $1,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Developer, its employees, contractors and agents, and shall protect the City, its officers, elected officials, employees, and agents, against any and all claims, damages, costs or expenses (including but not limited to reasonable attorneys' fees and expenses) arising from or in connection with injury or death to any person or persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Developer, its employees, contractors, or agents, enter upon the Property for any purpose. 3. Developer agrees to be responsible for any liability which may arise out of the acts or omissions of Developer, its employees, agents and contractors, on or about the Property, and in said connection Developer agrees to indemnify and hold harmless City, its officials, officers, employees and agents, from and against any and all claims, demands, actions, causes of action, damages, costs, fines, penalties, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, arising out of said acts or omissions, whether sounding in law or equity, in tort or contract, by statute, or otherwise. The duties of Developer under this paragraph shall survive the expiration or termination of this Agreement. 4. Reserved. Page 362 of 647 5. Notwithstanding this Agreement, the parties agree to work cooperatively in good faith to finalize the approval of a development agreement in respect of the Property as expeditiously as possible. 6. The rights and duties of Developer under this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in multiple counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA BABIC PROPERTIES, LLC By: Quentin M. Hart, Mayor Selvedin Babic, Manager Attest: Kelley Felchle, City Clerk 2 Page 363 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE June 3, 2024 AGENDA ITEM TITLE Resolution approving a Renewal Agreement with Delta Dental for fees associated with administration, in the amount of $38,013.00, and authorizing the Mayor and City Clerk 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. 5-21-2024 Health and Dental Renewal Letter 2. Delta Dental Renewal FY25 Page 364 of 647 Page 365 of 647 CITY OF )VjATERLOO IOWA Community of Opportunity May 21, 2024 Mayor and City Council 715 Mulberry St, Waterloo, IA 50703 9 Phone: (319) 291-4303 t. Fax: (319) 291-4569 a CITYOFWATERLOOIOWA.COM Human Resources Department I am requesting that the City Council authorize the Mayor and the City Clerk to sign and execute the renewal agreement with Wellmark for Administration, Network Access Fees (NAF), Stop Loss Fees, and Delta Dental Fixed fees. The one-year agreement for covered employee and retiree plans will be effective July 1, 2024. It is anticipated that the cost for the Wellmark administration, network access and stop loss premium will be $2,599,078 at the end of this fiscal year. The Delta Dental fixed costs are projected to be $38,013 at the end of this fiscal year and it is anticipated there will be a slight increase next fiscal year. The final costs for this fiscal year and next fiscal year will vary depending on the number of actual employees and dependents covered and the number of claims filed by the health and dental insurance plans Sincerely, Lance Dunn Human Resources Director d DELTA DENTAL® Financial Exhibit : Alternate 2 City of Waterloo Group # 32559 Changes on the Summary of Covered Services and Benefits exhibit are shown in ; all other benefits remain the same. Employer Contribution Complete this Section* Single Family ER Contribution* Number of benefit Eligible Employees* Plan Costs Rates guaranteed from 07/01/2024 through 06/30/2025 Contracts Single Family Annual Expense 130 461 Self -insured incurred claim estimates $31.92 $101.43 Self -insured Administrative Fees - Weekly Settlement PEPM Administrative Fee $5.36 Broker Fee $0.00 Total Administrative Fee $5.36 Recommended Rates (Includes Admin) $33.90 $610,909 $107.74 $648,922 This proposal assumes the use of electronic enrollment, plan documents, and monthly online billing. Please sign below and return to Delta Dental of Iowa at fax # 888-337-5157 *Please update employer contribution and number of benefit eligible employees above and sign below. Signature Date Delta Dental of Iowa 9000 Northpark Dr, Johnston IA 50131 www.deltadentalia.com Page 367 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE June 3, 2024 AGENDA ITEM TITLE Resolution approving a Renewal Agreement with Wellmark Blue Cross Blue Shield for fees associated with administration, network access, and stop loss, and authorizing the Mayor and City Clerk 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. 5-21-2024 Health and Dental Renewal Letter Page 368 of 647 2. Wellmark Blue Cross Blue Shield Renewal FY25 Page 369 of 647 CITY OF )VjATERLOO IOWA Community of Opportunity May 21, 2024 Mayor and City Council 715 Mulberry St, Waterloo, IA 50703 9 Phone: (319) 291-4303 t. Fax: (319) 291-4569 a CITYOFWATERLOOIOWA.COM Human Resources Department I am requesting that the City Council authorize the Mayor and the City Clerk to sign and execute the renewal agreement with Wellmark for Administration, Network Access Fees (NAF), Stop Loss Fees, and Delta Dental Fixed fees. The one-year agreement for covered employee and retiree plans will be effective July 1, 2024. It is anticipated that the cost for the Wellmark administration, network access and stop loss premium will be $2,599,078 at the end of this fiscal year. The Delta Dental fixed costs are projected to be $38,013 at the end of this fiscal year and it is anticipated there will be a slight increase next fiscal year. The final costs for this fiscal year and next fiscal year will vary depending on the number of actual employees and dependents covered and the number of claims filed by the health and dental insurance plans Sincerely, Lance Dunn Human Resources Director Wellmark® © 2019 Wellmark Inc. All rights reserved. Wellmark Blue Cross and Blue Shield of Iowa, Wellmark Health Plan of Iowa, Inc., Wellmark Blue Cross and Blue Shield of South Dakota, Wellmark Value Health Plan, Inc., and Wellmark Administrators, Inc. are independent licensees of the Blue Cross and Blue Shield Association. ACCOUNT INFORMATION AND BINDER AGREEMENT CITY OF WATERLOO 7/1/2024 00014392 0000XA025 Account Legal Name Effective Date Physical Address Account Key Group Number 715 MULBERRY ST Address Line 1 WATERLOO City Address Line 2 IA 50703-5714 State Zip Billing Address (if different than physical address) ❑ Alternate Location 715 MULBERRY ST ❑ 3rd Party Billing Service (If checked, account acknowledges the Wellmark Group Statement or premium invoice, delivered periodically to any third party service provider, can be viewed by account, by registering for electronic billing atWellmarkcom.) Address Line 1 WATERLOO City Authorized Health Plan Representatives Address Line 2 IA 50703-5714 State Zip An authorized health plan representative is an employee of the Account (not the Producer) who is authorized to request and receive the minimum necessary protected health plan information about the group health plan's members in order to perform their day-to-day job functions of administering benefits for participants of the plan. The following individual employees are authorized health plan representatives. 7/1/2024 Effective Date Name Lance Dunn Title HR Director Email Phone Lance.dunn@wate 319-291-4522 x 3008 rloo-ia.org 1 Page 371 of 647 Authorized Health Plan Representatives (continued) Name Title Email Phone Nikki Fischels HR Specialist, NICOLE.FISCHELS Payroll & Benef @WATERLOO-IA.OR its G 319-291-4522 EXT 3373 Producer Designation No Producer Designated Account requests that Wellmark recognize the following individual and firm as the designated employee benefits and insurance producer. Designation of Producer Effective Date Primary Producer Name Producer Firm Name Producer Number Producer Firm Address 1 City State Zip Primary Contact Name Email Phone Authorization to Release Group Health Plan Information and Protected Health Information to Consultant By signing below, the Employer hereby authorizes and directs Wellmark, Inc. to disclose to the above, designated Consultant certain group health plan information and Protected Health Information regarding participants in the employer -sponsored group health plan for the purpose of the Consultant's administration of the Employer's group health plan. The Employer authorizes Wellmark to disclose such information via secure online access through Wellmark's website, including the following website applications which contain information the Employer considers necessary to provide to the Consultant in order to conduct operations of the Employer's group health plan: • Member Maintenance/Update Member Information • Employer Reports • Update Other Insurance Information/Coordination of Benefits • Check Claims Status • eBilling Services • Eligibility Verification Benefits Information (EVBI) ❑ Yes, I authorize my Consultant to access this information. By signing be/ow, the Employer authorizes Wellmark to provide the Consultant access to this information on an ongoing basis without further authorization. The Employer represents and agrees that 1) The Consultant is considered a Business Associate of the Employer, not Wellmark, Inc., 2) The information to be disclosed is considered confidential, 3) The Consultant has provided satisfactory assurance to the Employer that the Consultant will properly safeguard and not further disclose the information, 4) Wellmark shall not be liable or responsible for any misuse or wrongful disclosure of such information by the Employer or its Consultant, 5) The Employer agrees to indemnify and hold Wellmark harmless from and against any claim, cause of action, liability, damage, cost or expense, including attorney's fees and court or proceeding costs, arising out of, or in connection with, any misuse or wrongful disclosure of the information by the Employer, or its Consultant. The Employer acknowledges that the Consultant will be required to agree to Wellmark's website terms and conditions upon registering for access to such information. 2 Page 372 of 647 Producer Designation (continued) ® No, I do not authorize my Consultant to access this information. Secondary Consultant There is no secondary consultant on file. You may add one below. Secondary Consultant Nam mail Address Phone Authorization to Release Protected Health Information for Third -Party Explanation of Benefits Not Applicable General Account Information Shay Gutman 00000152 Wellmark Account Manager Rep ID# February Contact Month July CWW Plan Year Month Unique Alpha Prefix Wellmark IS the Exclusive Carrier Blues Enroll Enrollment Method Open Enrollment Period* *Enrollment Period is the period in which employees can enroll within a plan or plans, and/or when written application materials are provided to employees, if sooner. The account will hold an open enrollment: ❑ YES ❑ NO If YES, fill in open enrollment period dates: Starting date Ending date Funding Arrangement ❑ This self -funded account will be developing our own SBCs to distribute.(lfyou modify oropt out ofusing the standard, Wellmark-provided SBCs, please be aware that Wellmark will not be able to retain or distribute your customized SBCs to your employees.) Self Funded Funding Arrangement Wellmark 72/12 $100K Ind SL 120% Agg SL Stop Loss Carrier Stop Loss Terms/Lines of Business Terminal Rider applies: ❑ YES ® NO (If yes, Signed exhibit page attached.) 3 Page 373 of 647 General Account Information (continued) Value Based Program elected : ❑ YES ® NO Product ® Health ® Pharmacy ❑ Dental A group health plan may designate a state benchmark plan other than Iowa or South Dakota for purpose of determining compliance with essential health benefit (EHB) requirements. Benchmark Exception for EHB? ® YES ❑ NO If yes, list State Utah Guarantees Not Applicable Health Care Management Services Self Funded - LIVONGO See Attached Rate Exhibit Representation of Grandfathered Status under the Affordable Care Act Not Applicable COBRA Not Applicable 4 Page 374 of 647 This Large Group Account Information and BinderAgreement (`BinderAgreement) serves solely as evidence of Wellmark's agreement to provide the health insurance coverage or administrative services and to provide services for any applicable stop loss insurance coverage indicated above. The Account agrees to the terms and payment obligations stated herein and agrees to pay Wellmark the applicable rates, administrative fees, and/or stop loss premium stated in the attached documentation. Execution of the BinderAgreement by the Account authorizes Wellmark to implement the administration of this coverage including the processing and settlement of claims for members of the Accounts group health plan incurred within the Rating Period stated in the attached Rating Exhibit. On or about the effective date of coverage, Wellmark shall issue and execute a definitive agreement which may be a Group Insurance Policy, Administrative Services Agreement and or Stop Loss Policy, depending on the nature of the group health plan. The definitive Agreement will set forth the rights and responsibilities of Wellmark and the Account. Accounts payment to Wellmark of the applicable fees as of the effective date is evidence ofAccount's agreement to the terms specified in the definitive agreement. Signatures on this BinderAgreement confirm that the BinderAgreement and the subsequent definitive agreement are issued for delivery in either Iowa or South Dakota, as applicable. Account understands and agrees that Wellmark defines a National Account as any company headquartered in Wellmark's service area of Iowa or South Dakota but which also has employees working at locations in other states whose claims are processed through the Blue Cross and Blue Shield Association's Blue Card program. If the Account is not headquartered in Wellmark's service area, coverage may be limited to employees associated with Account locations in Wellmark's service, and coverage will be void for any persons associated with Account locations outside Wellmark's Service Area unless express consent is obtained from the local Blue Cross or Blue Shield licensee. Account acknowledges and agrees that it has reviewed and approved this BinderAgreement and all attachments. Account acknowledges Wellmark will rely on the information contained in this BinderAgreement, and all of the attachments hereto, including but not limited to the SBC Employer Data Form, Medicare Secondary Payer Addendum, Rate Exhibits, Health and Care Management rates, Online Benefit Summary (OBS), COBRA Agreements, representations of grandfathered status and any performance guarantee information. Account represents to Wellmark that the information contained herein is correct. This BinderAgreement shall expire upon Wellmark's issuance and execution of the definitive agreement (either the Group Insurance Policy, or Administrative Services Agreement and Stop Loss Policy, if applicable), EXCEPT that any COBRA Agreements, Health and Care Management Programs/Services Rating Exhibit, will remain in effect and become a part of the definitive agreement. It is understood that the Wellmark may continue to rely on the designations of individuals and authorizations made herein until the Account withdraws such designations or authorizations or provides updated designations and authorizations. It is understood and agreed that the terms and conditions of the definitive agreement and benefits document(s) issued by Wellmark to the Account, and the terms and conditions of the definitive stop loss policy issued by stop loss carrier, if any, shall govern and control the terms stated in this Binder. Any inconsistency between this BinderAgreement, including attachments, and any subsequently issued definitive agreement(s) shall be construed in favor of the subsequently issued definitive agreement. This BinderAgreement shall be governed in accordance with Iowa Law. ACCOUNT: By (sign here) Printed Name Title Date For Internal Use Only IA Renewal -No Benefit Change Notes Page 375 of 647 Wel!markt %Uri -ark Blue ergq .. Buie $hrtG aan Indrpevseni Liriset or the 91ueCnnE. a' Blue Piele AiiUCiaS01. Self Funded FINAL Renewal Rates Group Name: City of Waterloo Account Key: 00014392 Renewal Period: 07/01/2024 to 06/30/2025 CITY OF WATERLOO PPO Current Benefit Offerings OBS #188067-71 / 188067-72 (MV1) Alliance Select Deductible: $500/$1,000;$1,000/$2,000 Coinsurance: 20% / 40% OPM: $1,000/$2,000;$2,000/$4,000 Office Visit Copay: See OBS BlueRx Complete Deductible: $0 / $0 Copay: $15/$30/$50 Individual Stop Loss Aggregate Stop Loss Administrative Fees - Health Administrative Fees - PBM Consultant Fee Total Administrative Fees Network Access Fee Current Enrollment 134 Single 437 Family 571 Total Level Fee/Contract $100,000 120% w/weekly settlement Single Family Expected Claims $821.55 $2,053.87 Admin, NAF & Stop Loss Fees $176.59 $441.48 Estimated Suggested Rates* $998.14 $2,495.35 Attachment Points Admin, NAF & Stop Loss Fees Estimated Max Liability to Fund* $985.86 $176.59 $1,162.45 $2,464.65 $441.48 $2,906.13 $320.47 $2.49 $46.22 $1.10 $0.00 $370.28 $9.03 Stop Loss Terms Contract: 72/12 Monthly Aggregate Option: No Payment Terms: Actual Weekly *Actual results may vary. Also, rates provided include administrative costs based on the entire group population. Individual Stop Loss includes coverage for Health and Drug and is based on a lifetime maximum of unlimited. Aggregate Stop Loss includes coverage for Health and Drug. The maximum Aggregate reimbursement is unlimited. Estimated Annual Premium Based on Current Enrollment $2,195,860 $17, 061 $316,699 $7,537 $0 $2,537,159 $61,874 Annual Projection $12,091,547 $2, 599, 078 $14,690,625 $14, 509, 887 $2, 599, 078 $17,108,965 Employer Signature: Date: Comments: v52609 Independent Licensee of the Blue Cross and Blue Shield Association Proposal Date: 4/3/2024 Page 376 of 647 W llmarkt WnlInynkBlue Irmand Wm! $hrtG aan Indnixnoeni Liwiset of the EllueCnnE.ahc Blue Shiele AiiOCidti011. Self Funded FINAL Renewal Rates Group Name: City of Waterloo Account Key: 00014392 Renewal Period: 07/01/2024 to 06/30/2025 Minimum Value Assessment MV1: Benefit MEETS minimum value requirements MV2: Benefit DOES NOT MEET minimum value requirements MV3: Benefit CANNOT BE CERTIFIED by Wellmark Employer or group health plan is solely responsible for establishing employee compensation and employee health plan contribution amounts. When Minimum Value Assessment does not meet requirements or cannot be certified, the employer or group health plan must offer an alternative plan option to its eligible employees which meets minimum value requirements. Failure to offer a plan option that meets minimum value may result in penalties under 26 U.S.C. §4980H of the Internal Revenue Code. The Employer or group health plan is solely responsible for any penalties arising from the failure to offer minimum essential coverage that meets both minimum value and affordability requirements. Wellmark makes no representations regarding plan affordability or the eligibility of employees or related individuals for premium tax credits under 26 C.F.R. § 1.368-2. Consultant fee, if applicable, is an amount determined by the consultant and employer, and included here for the convenience of the employer to understand the total cost of services from Wellmark and the consultant. The consultant fee will be invoiced by Wellmark pursuant to agreement between Wellmark, Employer and Consultant. Wellmark is not providing any legal or professional advice with regard to compliance of any federal or state law, regulations, or guidance. Law, regulations and guidance on specific provisions has been and will continue to be provided by the appropriate federal and state agencies and regulators. The information provided reflects Wellmark's understanding of the most current information and is subject to change without further notice. Please note that plan benefits, rates, renewal rate adjustments, and rating impact calculations are subject to change and may be revised during a plan's rating period based on guidance and regulations issued by the appropriate federal and state agencies and regulators. Wellmark makes no representation as to the impact of plan changes on a plan's grandfathered status or interpretation or implementation of any other provisions of law or regulation. Wellmark will not determine whether coverage is discriminatory or otherwise in violation of Internal Revenue Code Section 105(h). Wellmark also will not provide any testing for compliance with Internal Revenue Code Section 105(h). Wellmark will not be held liable for any penalties or other losses resulting from any employer offering coverage in violation of section 105(h). Wellmark will not determine whether any change in an Employer Administered Funding Arrangement affects a health plan's grandfathered health plan status under ACA or otherwise complies with ACA. Wellmark will not be held liable for any penalties or other losses resulting from any Employer Administered Funding Arrangement. For purposes of this paragraph, an "Employer Administered Funding Arrangement" is an arrangement administered by an employer in which the employer contributes toward the member's share of benefit costs (such as the member's deductible, coinsurance, or copayments) in the absence of which the member would be financially responsible. An Employer Administrative Funding Arrangement does not include the employer's contribution to health insurance premiums or rates. The subrogation and third -party liability recovery vendor(s) retain a service fee calculated as a percentage of the recovered amount after deductions for attorneys' fees and costs. For subrogation or third -party liability cases initiated during the Rating Period, the subrogation/third- party liability recovery vendor's service fee is 19.5% of the recovered amount. This fee is subject to change. The final recovered amount received from the vendor is credited to Account. Wellmark's agreement with the subrogation and third -party liability recovery vendor may from time to time allow for the application of no vendor service fees to amounts recovered during that period of time. Any subrogation or third -party liability recovery amount obtained by the vendor on behalf of the Account during that time period will be provided to Account without application of the vendor service fee. v52609 Independent Licensee of the Blue Cross and Blue Shield Association Proposal Date: 4/3/2024 Page 377 of 647 Wellmark® Livongo Diabetes Prevention Program - Estimated Cost Calculations Group Name: City of Waterloo Account Key: 00014392 Rate Effective: 7/1/2024 to 6/30/2025 Estimated Program Enrollment Group's total membership enrolled in Wellmark Blue Cross and Blue Shield health plan Group's estimated Diabetes Prevention Program enrollment Assumption 10% of eligible members will enroll* Assumption 95% of enrolled members will be active in program* 1,664 54 *Assumptions are based on Livongo book of business average for self -funded groups. The following calculations are estimates based on prevalence, enrollment and participation assumptions. Fees are based on the number of months the participant is active in the Livongo Diabetes Prevention Program. Per Participant Per Month Pricing (Option #1) Year 1 = $64* PPPM Fees if all estimated enrolled participants stay active in program year 1 $41,500 Est. fees for year 1 participants Est. fees for 6-Month Initial Enrollment Period (Minimum active participation term is six months per participant) Assumption 87% enrolled participants remain active in months 7-12** $38,800 Year 2+ = $34* PPPM Est. fees for year 2+ participants (Est. 79% of enrolled participants continue past first year**) $17,400 *Livongo fees are subject to change. **Assumptions are based on Livongo book of business average for self -funded groups. The following calculations are estimates based on prevalence, enrollment, participation and milestone completion assumptions. Milestone fees apply when the participant achieves a milestone during months 1-12 of the participant's initial year in the program. For each subsequent year (months 13+), the fees transition to Per Participant Per Month (PPPM). Milestone Pricing (Option #2) Year 1 = Milestone fees Milestone fees if all estimated enrolled participants meet ALL milestones in year 1 ($825* per participant) $44,600 All enrolled participants meet Milestone 1: Enrollment** ($375* per participant) $20,300 Est. 60% enrolled participants meet Milestone 2: Engagement or 2% weight loss** ($250* per participant) $8,100 Est. 40% enrolled participants meet Milestone 3: 5% weight loss** ($150* per participant) $3,200 Est. 8% enrolled participants meet Milestone 4: 10% weight loss** ($50* per participant) $200 Est. milestone fees for year 1 participants (With four assumptions above) $31,800 Year 2+ = $34* PPPM Est. fees for year 2+ participants (Est. 79% of enrolled participants continue past first year**) $17,400 Livongo fees are subject to change. **Assumptions are based on Livongo book of business average for self -funded groups. Group is required to pay for, at a minimum, initial participation term of six months per Participant who enrolls in a Livongo Program, regardless of whether: the Group renews its contract with Wellmark for Livongo services, the Group renews its health plan contract with Wellmark, a Participant continues to be eligible for a Livongo Program through the Group, or a Participant continues to access the Livongo Program in which they enrolled. Livongo Health, Inc., a wholly owned subsidiary of Teladoc Health, Inc. ("Livongo") is an independent company providing diabetes prevention and diabetes management services to Wellmark customers. Wellmark Blue Cross and Blue Shield of Iowa, Wellmark Health Plan of Iowa, Inc. and Wellmark Blue Cross and Blue Shield of South Dakota are independent licensees of the Blue Cross and Blue Shield Association. Blue Cross®, Blue Shield® and the Cross® and Shield® symbols are registered marks of the Blue Cross and Blue Shield Association, Page 378 of 647 Wellmark® Livongo Diabetes Prevention Program - Estimated Cost Calculations ". an Association of Independent Blue Cross and Blue Shield Plans. Wellmark® is a registered mark of Wellmark, Inc. Proposal Date: 4/24/2024 Page 379 of 647 Wellmark. Livongo Diabetes Management Program —Estimated Cost Calculations Group Name: City of Waterloo Account Key: 00014392 Rate Effective: 7/1/2024 to 6/30/2025 Estimated Program Enrollment Group's total membership enrolled in Wellmark Blue Cross and Blue Shield health plan Group's estimated Diabetes Management Program enrollment Assumption 34% of eligible members will enroll and be active in program* 1,664 40 The following calculations are estimates based on prevalence, enrollment and participation assumptions. Fees are based on the number of months the participant is active in the Livongo Diabetes Management Program. Per Participant Per Month Pricing Fees = $75* PPPM Fees if all estimated enrolled participants stay active in program year 1 $36,000 Est. fees for year 1 participants Est. fees for 6-Month Initial Enrollment Period (Minimum active participation term is six months per participant) Assumption 87% enrolled participants remain active in months 7-12** $33,800 Est. fees for year 2+ participants (Est. 77% of enrolled participants continue past first year**) $27,700 *Livongo fees are subject to change. **Assumptions are based on Livongo book of business average for self -funded groups. Group is required to pay for, at a minimum, initial participation term of six months per Participant who enrolls in a Livongo Program, regardless of whether: the Group renews its contract with Wellmark for Livongo services, the Group renews its health plan contract with Wellmark, a Participant continues to be eligible for a Livongo Program through the Group, or a Participant continues to access the Livongo Program in which they enrolled. Livongo Health, Inc., a wholly owned subsidiary of Teladoc Health, Inc. ("Livongo") is an independent company providing diabetes prevention and diabetes management services to Wellmark customers. Wellmark Blue Cross and Blue Shield of Iowa, Wellmark Health Plan of Iowa, Inc. and Wellmark Blue Cross and Blue Shield of South Dakota are independent licensees of the Blue Cross and Blue Shield Association. Blue Cross®, Blue Shield® and the Cross® and Shield® symbols are registered marks of the Blue Cross and Blue Shield Association, an Association of Independent Blue Cross and Blue Shield Plans. Wellmark® is a registered mark of Wellmark, Inc. Proposal Date: 4/24/2024 Page 380 of 647 Wellmark® Wellmark Blue Cross and Blue Shield is an Independent Licensee of the Blue Cross and Blue Shield Association. MEDICARE COMPLIANCE The purpose of this communication is to notify employers of the mandatory reporting requirements of the Medicare, Medicaid, and SCHIP Extension Act of 2007 which were passed into law in July 2008. Your cooperation in providing the necessary employer data and data for each employee and dependent is needed in order to comply with the requirements. The Section 111 mandates of the law help payers identify when the Centers for Medicare and Medicaid Services (CMS) should pay secondary to employer group health coverage. The goal includes reducing the amount CMS may pay as primary when they should have paid as secondary. Under the requirements, all health plan, liability, no fault and workers compensation coverages must register with CMS as a Responsible Reporting Entity (RRE) and must report to CMS employer and member information. In order to fulfill the mandated requirements and report accurately to CMS, Wellmark, as a RRE, must gather and groups must provide the following information: • Employer Tax Identification Number (ETIN) • Evidence of status as a Commonly Owned/Controlled Group of Organizations, Multi/Multiple Employer Group health plan (such as an Association or Trust), Hour Bank or Union health plan • Total number of group employees/group size • Social Security Numbers (SSNs) or Health Insurance Claim Numbers (HICNs) of active employees, spouses, domestic partners • SSNs or HICNs for those dependents with end stage renal disease (ESRD) or disabled • Status of all employees and effective date of that status (i.e. active, COBRA, retired) • Disability information begin or end dates, if known Please take a moment to complete the Confirmation of Medicare Secondary Payer (MSP) Addendum form. This will allow us to capture your employer data for reporting to CMS. Member data is gathered through the use of the group's existing enrollment and eligibility data collection channels, which may include paper applications or electronic data exchanges and should be provided through those processes. Failure to provide the group information requested on the attached Confirmation of MSP Addendum can result in penalties being assessed to the group including, but not limited to, $1,000 per day per member for not accurately reporting to CMS and/or an excise tax equivalent to 25 percent of the employer's group health plan expenses for the relevant year. N-2305 5/14 AN-T Wellmark Blue Cross and Blue Shield of Iowa I 1331 Grand Avenue I PO Box 9232 I Des Moines, Iowa 50306-9232 I wellmark.com Page 1 of 2 Page 381 of 647 Clear Form Wellmark® Wellmark Blue Cross and Blue Shield is an Independent Licensee of the Blue Cross and Blue Shield Association. i FOR ADMINISTRATIVE USE ONLY New Group: Group # Coverage Effective Date: CONFIRMATION OF MSP ADDENDUM ALL NEW AND RENEWAL GROUPS ARE REQUIRED TO SUBMIT A COMPLETED FORM. FAILURE TO SUBMIT A COMPLETED FORM WILL DELAY THE INITIAL ENROLLMENT OR RENEWAL PROCESS UNTIL THIS FORM IS SUBMITTED. Part A - Employer Information Please complete a separate confirmation form for each Employer Tax Identification Number you use to report employee earnings to the Internal Revenue Service (IRS). See the Medicare Secondary Payer Definitions page (M-1756) for more information on terms shown in italics. Employer Tax Identification Number: n n n n n n n n n Group Number (Renewing Groups Only): Employer Name: Employer Address: City: State: Zip: Contact Person: Telephone Number: E-mail Address (optional): 1. Did your organization make contributions on behalf of any employee who was covered under a collectively bargained Health and Welfare Fund (i.e., union plan) during the previous calendar year? 2. Did you have 20 or more employees for 20 or more calendar weeks (this includes all full-time, part-time, intermittent, leased and/or seasonal employees, not just those eligible or enrolled employees) during the previous or current calendar year? If no, in the event you experience a change, you must notify Wellmark when this change occurs. 3. Did you have 100 or more employees during 50 percent of your business days (this includes all full-time, part-time, intermittent, leased and/or seasonal employees, not just those eligible or enrolled employees) during the previous calendar year? 4. Did your organization participate in a multi or multiple employer group health plan (more than one employer in group, i.e., Multiple Employer Welfare Association) during the previous calendar year? If yes, what is the name and address of the multi or multiple employer plan? Name: Address: City: State: Zip: 5. Was your organization part of a commonly owned or commonly controlled group of organizations during the previous calendar year? If yes, what is the name and address of the commonly owned/controlled entity? Name: Name: Address: Address: City: State: Zip: City: State: Zip: Part B - Employer Certification ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes No ❑ Yes ❑No I certify that the information provided is accurate and truthful. All information will be used to identify the Medicare Secondary Payer status of Medicare -enrolled employees. Signature Date Send completed MSP form based on following: IA & SD Large Groups (new or renewal) IA & SD Small Groups (new or renewing with benefit changes) IA Small Groups renewing with no benefit change - send this form to: SD Small Groups renewing with no benefit change Submit this completed MSP form with group's health plan new or renewal paperwork Submit this completed MSP form with group's health plan new or renewal paperwork Fax: (515) 376-9044 or Wellmark, Inc. PO Box 9232 — Mail Station 3W396 Des Moines, IA 50306-9232 Send this completed MSP form to: Wellmark, Inc. PO Box 5023 — Station 338 Sioux Falls, SD 57117-5023 N-2305 5/14 AN-T Page 5ifi2 i)rd47 Note: This is a summary of benefits under this plan, not a statement of contract. The actual terms and conditions of coverage will be specified in the Group Insurance Policy issued by Wellmark or the Administrative Services Agreement between Wellmark and the entity below, as well as the Benefits Certificate and any amendments thereto. Benefit Summary - CITY OF WATERLOO Group Number/BU: XA025- Group Product Summary ID: 188067-71 Coverage Code: ProductlD: Prefix: CWW Benefit Dates: 07/01/2024 - 06/30/2025 Summary Status: Rating Completed Account Manager: Harford, DeVonne CITY OF WATERLOO PPO Group Information Group Street Address 1: 715 MULBERRY ST Group Street Address 2: City/State/ZIP: WATERLOO , IA 50703-5714 Product/Version: Alliance Select (201009) Account Signature Date General Renewing group Self -funded arrangement Non-ERISA group plan This plan or policy does meet minimum value Group is a government entity Union group Plan year begins on: 07/01 Healthcare Reform Non-Grandfathered Plan Benefit period is calendar year BlueCard PPO - In states with no PPO or PPO specialty, providers are treated as PPO as determined by Wellmark and the local Blue plan Additional general information: Summary Plan Description (SPD) produced by Wellmark Eligibility An eligible child is married or unmarried and is under 26 years of age. An eligible child is an unmarried dependent full-time student regardless of age. An eligible child is disabled before age 26 and remains unmarried after age 26. An eligible child is unmarried and disabled while a full-time student after age 26. Dependent coverage terminates at the end of the month Two-way rate (single/family) Page 383 of 647 Unmarried domestic partners are NOT covered Certificate coverage ends at the end of the month Subrogation applies Standard administration of coordination of benefits (COB) Routine maternity benefits apply to employee/spouse/dependent Do not include ERISA Information Requirements language Coordination of benefits rules apply to members when Medicare is the primary payer Preexisting Condition Exclusion Periods New hires and special enrollees are covered when first eligible or at each group renewal. New hires and special enrollees are NOT subject to preexisting condition exclusion periods Late enrollees (a member who is not a new hire or special enrollee) may enroll at group's enrollment period in January Late enrollees are NOT subject to preexisting condition exclusion periods Deductibles Coverage has benefit period deductibles Single deductible for PPO providers is: $ 500 Single deductible for non-PPO providers is: $ 1,000 Family deductible for PPO providers is: $ 1,000 Family deductible for non-PPO providers is: $ 2,000 Tiered deductible amounts are aggregate (both ways) - PPO and non-PPO deductibles apply to each other Member has benefits after single deductible met. Entire family has benefits after family deductible has been met (or if a two -person amount is listed, then for two -person contracts, entire family has benefits after the two -person deductible has been met) Deductible from the previous 4th quarter will NOT carry over to this year's benefit period deductible Common accident deductible does NOT apply No Wellmark-to-Wellmark deductible credit. Credits will not transfer from one Wellmark employer group to another Wellmark employer group. Telehealth services provided by a physician's office follow office visit deductible administration Physician services for well -child care are NOT subject to the deductible Physician services for newborn care are NOT subject to the deductible Facility services for well -child care are NOT subject to the deductible Facility services for newborn's initial hospitalization are NOT subject to the deductible PPO outpatient preventive care is NOT subject to the deductible PPO office services and PPO independent lab fees are NOT subject to the deductible PPO urgent care services are NOT subject to the deductible Most outpatient x-ray/lab services from PPO facilities are subject to the deductible Page 384 of 647 One postpartum home visit is NOT subject to the deductible All services with copays are NOT subject to the deductible Preventive care (other than routine vision exams) from PPO providers is NOT subject to the deductible Preventive care from participating providers is NOT subject to the deductible Preventive 3D mammography (digital breast tomosynthesis) from PPO or participating providers is NOT subject to the deductible Routine vision exams from PPO providers are NOT subject to the deductible Prosthetic limbs from PPO providers are NOT subject to the deductible Other services NOT subject to the deductible are: PPO independent lab for MHCD services Copay Primary Care Practitioner (PCP) is defined as General Practice, Family Practice, Internal Medicine, Obstetrics/gynecology, Pediatricians, Nurse Practitioners, Certified Nurse Midwives, and Physician Assistants. Office PCP copay - includes MHCD unless stated otherwise is: $ 20 Chiropractors, Speech Pathologists, Physical Therapists, and Occupational Therapists office copay amount is the same as the office PCP amount listed above All other providers are Non -Primary Care Practitioners (Non -PCP). Office non -PCP copay - includes MHCD unless stated otherwise is: $ 40 Office visit copay includes telehealth services provided by a physician's office Office visit copay applies to services received from PPO practitioners Office visit copay is taken once per practitioner per date of service Office visit copay applies to any office services Preventive care (other than routine vision exams) is NOT subject to the office visit copay (copay is waived for preventive care) Preventive 3D mammography (digital breast tomosynthesis) is NOT subject to the office visit copay (copay is waived for preventive 3D mammography) Routine vision exams are NOT subject to the office visit copay (copay is waived for routine vision exams) Services NOT subject to office visit copay are: MHCD services Office visit copay applies to the out-of-pocket maximum. Copay does NOT continue after the out-of-pocket maximum is met Deductible does NOT follow office visit copay Coinsurance does NOT follow office visit copay The following services have a different office visit copay: Acupuncture: $20 copay Urgent care copay is: $ 20 Urgent care copay applies to services received from both facility and practitioner combined Urgent care copay applies to services received from PPO providers Urgent care copay is taken once per provider, per date of service Urgent care copay applies to all urgent care services Page 385 of 647 Urgent care copay applies to the out-of-pocket maximum. Copay does NOT continue after the out-of-pocket maximum is met Deductible does NOT follow urgent care copay Coinsurance does NOT follow urgent care copay Telehealth vendor copay is: $ 20 Telehealth vendor mental health/chemical dependency copay is: $ 0 Telehealth vendor copay is taken once per provider per date of service Telehealth vendor copay applies to the out-of-pocket maximum. Copay does NOT continue after the out-of-pocket maximum is met Deductible does NOT follow telehealth vendor copay Coinsurance does NOT follow telehealth vendor copay Coinsurance Coinsurance for PPO providers is the following percentage: 20 Coinsurance for non-PPO providers is the following percentage: 40 Telehealth services provided by a physician's office follow office visit coinsurance administration One postpartum home visit is NOT subject to coinsurance Services subject to copay are NOT subject to coinsurance Preventive care (other than routine vision exams) from PPO providers is NOT subject to coinsurance Preventive care from participating providers is NOT subject to the coinsurance Preventive 3D mammography (digital breast tomosynthesis) from PPO or participating providers is NOT subject to coinsurance Routine vision exams from PPO providers are NOT subject to coinsurance Other services NOT subject to coinsurance are: PPO independent lab for MHCD services Out of Pocket Maximum Out-of-pocket maximums apply Single out-of-pocket maximum for PPO providers is: $ 1,000 Single out-of-pocket maximum for non-PPO providers is: $ 2,000 Family out-of-pocket maximum for PPO providers is: $ 2,000 Family out-of-pocket maximum for non-PPO providers is: $ 4,000 Participating providers are subject to the PPO OPM Tiered out-of-pocket maximum amounts are aggregate (both ways) - PPO and non-PPO out-of-pocket maximum amounts apply to each other Member has benefits after single OPM met. Entire family has benefits after family OPM has been met (or if a two -person amount is listed, then for two -person contracts, entire family has benefits after the two -person OPM has been met) Deductible amounts apply to the out-of-pocket maximum Coinsurance for all services apply to the out-of-pocket maximum Page 386 of 647 Deductible from the previous 4th quarter will NOT carry over to the out-of-pocket maximum for this year Coinsurance from the previous 4th quarter will NOT carry over to the out-of-pocket maximum for this year No Wellmark-to-Wellmark out-of-pocket credit. Credits will not transfer from one Wellmark employer group to another Wellmark employer group Lifetime Maximum Lifetime maximum is unlimited Lifetime maximum for hospice respite is limited to 15 days inpatient/15 days outpatient Facility Services Iowa Psychiatric Medical Institutions for Children are covered according to state mandate The cost of blood and administration is covered Nonparticipating facility claims are based on maximum allowable fee Facility based skilled nursing services are covered. Services must be ordered and certified by your attending physician. Practitioner Services Advanced nurse practitioners are covered Physician assistants are covered Licensed marriage family therapists are covered. Licensed mental health counselors are covered. Dental treatment for accidental injury (excluding acts of chewing) is covered if initiated within 12 months of accident and completed within 24 months Surgical removal of impacted teeth is covered as an inpatient with a concurrent medical condition. Outpatient services are covered without a concurrent medical condition Treatment of temporomandibular joint disorder is covered, except for routine dental services, dental restorations/extractions, and orthodontic treatment Chiropractor services are covered as medically necessary ABA Therapy is covered Preventive Care/Immunizations/Mammography Preventive physical exams are covered. Gynecological exams are also covered One preventive physical exam per member per benefit period is covered Women's preventive care services are covered according to the ACA mandate Immunizations are covered (Travel Immunization excluded) Mammography benefits are covered one per benefit period Preventive Pap smears are unlimited One routine vision exam (including refraction) per benefit period is covered Well -child and newborn care is covered according to mandate Hearing aids are covered (and are subject to applicable cost share unless otherwise indicated) as follows: limited to $1,000 every 36 months Routine hearing exams are covered one per benefit period Page 387 of 647 Prescription Drugs/Contraceptives Retail drugs are covered under a Prescription Drug Program Prescription drugs/items for smoking cessation are covered under a Rx Program; related exams are covered under health Smoking cessation consultations are included as part of preventive care Contraceptives are covered. Oral and drug delivery devices, such as insertable rings and patches, are covered under a Rx Program; injected, implanted, and medical devices, such as intrauterine devices and diaphragms, are covered under health Contraceptives covered under health are included as part of preventive care Most specialty drugs are covered under the Prescription Drug Program, NOT under Health. Additional information for specialty drugs can be found at Wellmark.com Other Services Supplemental accidental injury benefits are NOT covered Reminder Programs are NOT available Diabetic education programs are covered from state certified programs for members diagnosed with diabetes Hospice services are covered Infertility benefits are NOT covered Coverage for Home Medical Equipment is unlimited. Bariatric surgery is covered Major organ transplants are covered. Prior approval required. Transplants are NOT limited to Blue Distinction Centers for Transplant Telehealth services provided by Doctor on Demand are covered for the following services: Medical/Pediatric Mental health/chemical dependency services Telehealth practitioner services are covered Wigs are covered as follows: Wigs are covered with a diagnosis of cancer or alopecia without cost share and limited to $1000 per benefit period. Allowed amount is based on billed charge Massage therapy is NOT covered Acupuncture is covered Elective abortions are NOT covered Bereavement counseling is covered Family counseling is covered Diabetes Prevention services billed by Livongo are covered Diabetes Management services billed by Livongo are covered MHCD Mental health/chemical dependency treatment is covered Notification Requirements Page 388 of 647 Outpatient Molecular Testing Utilization Management Program - prior approval required. For more information visit Wellmark.com/Authtable Additional Information Cost share waived for PPO and Par routine services including glucose screening without Al C, general health panel, basic or comprehensive metabolic panels and lipids panel. These services are covered when submitted with a routine physical dx Cost share is waived for PPO and Par routine services including PSA testing, thyroid testing and venipuncture associated with labs. These services are covered when submitted with a routine physical diagnosis Page 389 of 647 Note: This is a summary of benefits under this plan, not a statement of contract. The actual terms and conditions of coverage will be specified in the Group Insurance Policy issued by Wellmark or the Administrative Services Agreement between Wellmark and the entity below, as well as the Benefits Certificate and any amendments thereto. Benefit Summary - CITY OF WATERLOO Group Number/BU: XA025- Group Product Summary ID: 188067-72 Coverage Code: ProductlD: Prefix: Benefit Dates: 07/01/2024 - 06/30/2025 Summary Status: Rating Completed Account Manager: Harford, DeVonne CITY OF WATERLOO PPO RX Group Information Group Street Address 1: 715 MULBERRY ST Group Street Address 2: City/State/ZIP: WATERLOO , IA 50703-5714 Product/Version: Prescription Drug Program - Custom (201112) Account Signature Date General Wellmark Blue Cross Blue Shield of Iowa BlueRx Complete (3-tier) Renewal Self -funded arrangement Non-ERISA group plan Large business group (301-750) Group is a Government Entity Benefit period is defined as calendar year Healthcare Reform Non-Grandfathered Plan (ACA required drugs are covered and member cost -share is waived according to preventive care guidelines. A complete list of recommendations and guidelines related to ACA preventive services can be found at www.healthcare.gov) Plan year begins on: 07/01 Additional information for General section: Summary Plan Description (SPD) produced by Wellmark Eligibility When benefits have been provided by another plan, Wellmark applies benefits the lesser of 1) the amount on the claim as the member's liability or 2) what we should have paid if the claim was submitted to us first. Payment Benefit period deductibles do NOT apply Page 390 of 647 Out -of -Pocket Maximum (OPM): Single out-of-pocket maximum is $ 5,600 Family out-of-pocket maximum is $ 11,200 No Wellmark to Wellmark out-of-pocket credit. Credits will not transfer from one Wellmark employer group to another Wellmark employer group. Member has benefits after single OPM met. Entire family has benefits after family OPM has been met (or if a two -person amount is listed, then for two -person contracts, entire family has benefits after the two -person OPM has been met) Days Supply (per member cost -share): 30 days Payment Application (per member cost -share): Tier 1 copayment is $ 15 Tier 2 copayment is $ 30 Tier 3 copayment is $ 50 Specialty Drugs Payment Application (member cost -share per 30-day supply): The payment application for specialty drugs is the same as listed above in the Payment Application section. Additional information for specialty drugs can be found at Wellmark.com Pharmacy Durable Medical Equipment (DME): Pharmacy durable medical equipment in -network coinsurance is % 20 Pharmacy durable medical equipment out -of -network coinsurance is % 40 90-Day Supply: At retail pharmacy: 90-day supply of drugs available for 3 copayments OR coinsurance per 90-day supply Through mail order: 90-day supply of drugs available for 2 copayments OR coinsurance per 90-day supply Product Selection Penalty Rule: When a brand drug is obtained and there is an equivalent generic drug available, the member is responsible for paying their payment obligation for the equivalent generic (i.e. lowest payment application) and any remaining cost difference up to the maximum allowed fee for the brand name drug except when the provider writes "Dispense as Written" (in this case, the member pays only the appropriate payment application). Benefits Contraceptives are covered Weight reduction drugs are NOT covered Erectile Dysfunction drugs are covered Prenatal Vitamins drugs are covered Smoking Cessation: Prescription drugs only are covered Specialty Drugs must be obtained through CVS Specialty Pharmacy only PrudentRx Specialty Copay Card Program applies Prescription drugs and pharmacy durable medical equipment (if covered) covered when purchased through Participating and Non -Participating Pharmacies. Member must submit paper claim for reimbursement when purchased through a Non -Participating pharmacy. Utilization Management Programs apply Page 391 of 647 Opioid Medication Management Program applies Additional information for Benefits section: Smoking cessation prescription drugs: copay is waived Additional Information Oral chemo medications: cost share is waived Page 392 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE June 3, 2024 AGENDA ITEM TITLE Resolution approving Fiber Project Reimbursement Agreement by and between the City of Waterloo and the Waterloo Municipal Communications Utility, and authorizing the Mayor and City Clerk 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. Waterloo Resolution approving entry into fiber reimbursement agreement (02355333x7F7E1) Page 393 of 647 2. Agreement Waterloo Fiber City -Utility (02330116x7F7E1) Page 394 of 647 June 3, 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: Page 395 of 647 Council Member introduced the following resolution entitled "RESOLUTION APPROVING FIBER PROJECT REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF WATERLOO AND THE WATERLOO MUNICIPAL COMMUNICATIONS UTILITY", and moved that the resolution be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. RESOLUTION APPROVING FIBER PROJECT REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF WATERLOO AND THE WATERLOO MUNICIPAL COMMUNICATIONS UTILITY WHEREAS, this Council previously approved a Joint Public Improvement Agreement (the "Improvement Agreement") in connection with the design, bid letting and construction of a Fiber -to -the -Premises Feeder/Distribution ("FTTP") and Backbone Network ("Backbone") Project within the City (the "Project"); and WHEREAS, the Improvement Agreement provides that the City and the Utility shall determine a framework for reimbursement by the Utility to the City for a proportionate share of the debt service on the proceeds of bonds or notes allocated to the FTTP portion of the Project; and WHEREAS, the City has now issued $20,000,000 of General Obligation Capital Loan Notes, Series 2024D (the "Notes"), a part of which proceeds will fund costs of the FTTP system, and the City and the Utility now wish to enter into an agreement to memorialize the Utility's reimbursement to the City of such costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: 1. That the Fiber Project Reimbursement Agreement by and between the City of Waterloo and the Waterloo Municipal Communications Utility is hereby approved, authorized, and Page 396 of 647 confirmed, and the Mayor and City Clerk are hereby authorized, empowered, and directed to execute and deliver the Fiber Project Reimbursement Agreement in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions approved by the Mayor and City Clerk, upon the advice of bond counsel. PASSED AND APPROVED this 3rd day of June, 2024. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 397 of 647 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) 02355333\11310-171 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 398 of 647 FIBER PROJECT REIMBURSEMENT AGREEMENT THIS AGREEMENT is entered into this day of , 2024, by and between the City of Waterloo, Iowa (the "City") and the Waterloo Municipal Communications Utility (the "Utility"), collectively, the "Parties". WHEREAS, the City and the Utility previously entered into a Joint Public Improvement Agreement (the "Improvement Agreement") in connection with the design, bid letting and construction of a Fiber -to -the -Premises Feeder/Distribution ("FTTP") and Backbone Network ("Backbone") Project within the City (the "Project"); and WHEREAS, the FTTP system will be under the management and control of the Utility, and the Backbone will be under the management and control of the City; and WHEREAS, the Improvement Agreement provides that: 4. Project Costs - Source of Funds. Each party is obligated and agrees to pay its proportional share the portion of the Project Costs associated with the portion of the Project to be under its management and control, once in operation; provided, however, that Project Costs may be paid from any lawfully available funds or sources and certain funds or sources may be under the control of the other party. For example, general obligation financing and ARPA funds are under the control of the City but may be used to pay for certain Project Costs pertaining to the portion of the Project which will be under the management and control of the Utility. The parties shall work together to establish the final financing plan, provided that such financing plan and the Project Cost allocation shall be made in accordance with applicable law. All payments shall be made from any lawfully available funds or sources. Project Cost payments may be made directly to the contractors associated with the Project or by reimbursement to the other party if such funds are advanced on behalf a party. If either party issues bonds or notes related to the Project (such party being the "Issuing Party" ), and if such bonds or notes are used to construct portions of the Project that will be under the other parry's management and control once in operation, the other party agrees that it shall be responsible for paying the Issuing Party an amount or amounts equal to the portion of the debt service payments on such bonds or notes correlating with the portions of the Project financed by said bonds or notes which will be under its management and control. Payments to the Issuing Party may be made at the approximate time the applicable debt service payments are due, or by subsequent reimbursement to the Issuing Party. It is further understood that the Utility may use a portion of the backbone under the management and control of the City, and shall pay for such use in accordance with applicable law pursuant to a joint use agreement or other form of agreement to be prepared by the parties after the applicable Project Costs are known or at such other time as may be 1 Page 399 of 647 necessary and appropriate. If the City receives Utility services or uses portions of the FTTP system, the Utility may charge the City for such services or use. The parties shall cooperate with each other to execute and deliver such instruments and documents and take such actions as may be required to effectuate the provisions and intent of the cost sharing and usage provisions of this Agreement. WHEREAS, as presently designed, it is anticipated that the Utility will not use any part of the City's backbone; and WHEREAS, the City has or will issue General Obligation Capital Loan Notes in the approximate amount of $20,000,000 for purposes of paying costs of the Project, the authorization of which was approved by the voters of the City on September 13, 2022 (the "Notes"); and WHEREAS, the City has or will use a portion of the proceeds of the Notes (the "Utility Portion") for a portion of the costs of the FTTP system, for which the City and the Utility shall determine a framework for reimbursement by the Utility to the City, as provided in the Improvement Agreement; and WHEREAS, the City and the Utility wish to memorialize, in this Agreement, the terms and conditions under which the Utility will reimburse the City for a proportionate share of the debt service on the Notes, based on the proportion of the proceeds of the Notes allocated to the FTTP portion of the Project, as set forth herein. 1. Financing: The Utility agrees to pay to the City, from revenues generated by the operation of the Utility, or from such other funds as may be lawfully available, such amounts as necessary to reimburse the City for the Utility Portion, according to the timing specified in Section 2 herein. The schedule of payments will be derived by determining the Utility Portion as a percentage of the total portion of the proceeds of the Notes originally deposited in the project fund for the Notes, and then multiplying said percentage by each fiscal year of debt service on the Notes. Said Utility Portion percentage shall be calculated once the proceeds of the Notes are spent and proper allocation can be made regarding the actual uses of the proceeds of the Notes. 2. Repayment Timing. The Parties recognize that, as a new Utility, the Utility does not yet generate revenue, and during an initial period of operation the Utility may not have sufficient revenue to pay the amounts required under Section 1 on or before the date the City pays the related debt service on the Notes. A start-up utility requires a "ramp up" period during which new customers sign up, the necessary connections are made to initiate service to such new customers, and revenues gradually increase as the take -rate increases. As a start-up utility, the Utility must also build up its cash flow sufficient for operating expenses, debt service on any revenue bonds or notes issued by the Utility, and the establishment of cash reserves. The Notes will mature with a balloon payment on June 1, 2027, and are callable at any time on or after June 1, 2026. The plan of financing provides for refunding the Notes at maturity or redemption prior thereto. The Parties anticipate that the Utility will need a period of at least three years after its initial operation before the Utility will be able to begin the payments required under Section 1. 2 Page 400 of 647 Accordingly, a payment schedule for the reimbursement of interest payments for the Utility Portion of the Notes, as well as a payment schedule for reimbursement of the Utility Portion percentage of the future principal and interest payments to be made on the future issuance of refunding notes to be issued to refund the Notes, will be calculated and included as Exhibit A to this Agreement within 90 days of the refinancing of the Notes. Depending on the Utility's cash flow projections at that time, the payment from the Utility to the City may be staggered after the City's related debt service payments. Arrangements for each such payment by the Utility to the City shall be made no later than March 1st of each year, with the actual payment being made to the City no later than June 1 of each year. For example, if the City's first payment of principal and interest on the Notes is June 1, 2028, the arrangements for the Utility's first payment must be made with the City on or before March 1, 2028, with the actual payment from the Utility to the City on or before June 1, 2028. 3. Subordination: This Agreement and all obligations of the Utility hereunder owing to the City are hereby subordinated in time and right to all other notes, bonds, leases, obligations or other indebtedness existing now or issued subsequent to this Agreement by the Utility, including all renewals, modifications, and extensions thereof. For the avoidance of doubt, the Utility may, from time to time, issue bonds, notes or other indebtedness on parity, and the Utility's obligations hereunder shall be deemed subordinate and junior to such parity debt in all respects. 4. Access: The Parties mutually agree to allow access to records, documents, and papers, to auditors of the City and the Utility as permitted by the Code of Iowa until 3 years after the final maturity of the Notes. 5. Entire Agreement: The Parties state that they have obtained the necessary approval and acceptance from their respective governing bodies to enter into this Agreement and that the above provisions constitute the entire and complete Agreement between the Parties on this subject matter. [signature page follows] 3 Page 401 of 647 THE ABOVE AGREEMENT is hereby entered into by the following authorized agents of the Parties. CITY OF WATERLOO WATERLOO FIBER, THE MUNCIPAL COMMUNICATIONS UTILITY OF THE CITY OF WATERLOO Mayor, Quentin Hart Andrew Van Fleet, Chairperson ATTEST: ATTEST: Kelley Felchle, City Clerk Kelley Felchle, Secretary 4 Page 402 of 647 EXHIBIT A Reimbursement Schedule [to be prepared and inserted within 90 days of the issuance of the refunding notes] 02330116\11310-171 5 Page 403 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Joe Leibold, Chief of Police Police Department AGENDA ITEM TITLE MEETING DATE June 3, 2024 Resolution approving an Automated Traffic Enforcement fine schedule for speeding and red Tight violations and rescinding Resolution No. 2017-639 in its entirety. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The Police Department would like to change the fine schedule to comply with the new law. The ATE ordinance: 2. Any violation of subsection C1 or C2 of this section shall be subject to a civil fine as established by resolution. All civil fines shall be payable to the City of Waterloo NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 404 of 647 1. 2024- 06.03.2024 ATE Fine Res Page 405 of 647 Prepared by: LeAnn Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. 319-291-4323. RESOLUTION NO. 2024- RESOLUTION APPROVING ATE (AUTOMATED TRAFFIC ENFORCEMENT) FINE SCHEDULE FOR SPEEDING, RED LIGHT VIOLATIONS, AND CONSTRUCTION ZONES, AND RESCINDING RESOLUTION NO. 2017-639 IN ITS ENTIRETY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the ATE (Automated Traffic Enforcement) fine schedule for speeding, red light violations and construction zones, is hereby approved as follows: Red light violations $100.00 Speeding violations Up to 20 miles per hour over the posted speed limit .$ 75.00 21-25 miles per hour over the posted speed limit . $100.00 26-30 miles per hour over the posted speed limit ... $250.00 30+ miles per hour over the posted speed limit $500.00 Construction Zone 11-20 miles per hour over the posted speed limit $ 150.00 21-25 miles per hour over the posted speed limit $ 200.00 26-30 miles per hour over the posted speed limit $ 500.00 31+ miles per hour over the posted speed limit $1,000.00 BE IT FURTHER RESOLVED that Resolution No. 2017-639 is rescinded in its entirety. PASSED AND ADOPTED this 3rd day of June, 2024. ATTEST: Quentin Hart, Mayor Kelley Felchle, City Clerk SEAL II141Ai 1�I11#11 Irr Page 406 of 647 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 June 3, 2024 AGENDA ITEM TITLE Resolution approving a Development and Minimum Assessment Agreement with Fusion Investments II, LLC, for a 51,900 square foot industrial building, with a minimum assessed value of $2,520,450.00, located at 3530 Marnie Avenue, with rebates of 90 percent for years one through three, 85 percent for years four through six, 75 percent for years seven through nine and 65 percent for years ten through fifteen, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a Development Agreement with Fusion Investments II, LLC for a 51,900 square foot industrial building, with a minimum assessed value of $2,520,450.00, located at 3530 Marnie Avenue, including Minimum Assessment and Development Agreements with rebates of 90 percent for years one through three, 85 percent for years four through six, 75 percent for years seven through nine and 65 percent for years ten through fifteen, and authorizing the Mayor and City Clerk to execute said documents. The initial building consisted of 29,100 square feet and was built in 2021, and a 22,800 square foot addition was built in 2022. There is an infrastructure agreement in place with Fusion Investments and they went with that agreement to get paid back more quickly for the road and sewer improvements, which they could have exercised the infrastructure agreement and separate development agreement. Fusion Investments II, LLC is now requesting rebates on the completed building, and it would have been eligible for a separate development agreement when it was built in 2021, along with the addition in 2022, but it was not applied for. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 407 of 647 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Martin TIF ALTERNATIVE ACTION LEGAL DESCRIPTION Cedar Valley Crossing, Lots 5, 6 and 7, Waterloo, Black Hawk County, Iowa ATTACHMENTS 1 Development Agreement 2. Site Plan - 29,100 SF Building 3. Site Plan - 22,500 SF Addition Page 408 of 647 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2024 by and between Fusion Investments II, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Martin Road Development Plan Area (the "Urban Renewal Area"), pursuant to the Martin Road Development Plan (the "Urban Renewal Plan"). B. Company has financed and erected structures 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 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. Development Property and Improvements. Company owns the Property and has undertaken the Project (defined below) thereon. Company has constructed upon the Property a 29,100 square foot building and a 22,800 square foot addition, as well as related landscaping, storm water control, paving, signage and Page 409 of 647 parking improvements (collectively, the "Improvements"). Company represents and warrants that the Improvements have been 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 and other applicable law. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." 2. 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 valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $2,520,450.00 (the "Minimum Actual Value"), through: either; (i) 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. Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. 3. Tax Rebates. Provided that Company has completed Substantially Completed the Improvements before the Completion Deadline, City agrees to rebate property tax each year (with the exceptions noted below) with respect to the Improvements, as follows: Years One through Three Years Four through Six Years Seven through Nine Years Ten through Fifteen 90% rebate 85% rebate 75% rebate 65% rebate for any taxable value added by the completed Improvements (each such payment is a "Rebate") over the January 1, 2021 base value of $247,440.00. 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 2 4893-9267-5517, v. 1 Page 410 of 647 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, 2023 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2023 assessed value would be for the Fiscal Year ending June 30, 2025, with the taxes payable one- half by September 30, 2024 and one-half by March 31, 2025, then the first Rebate could be applied for after March 31, 2025 and prior to April 1, 2026. 4. 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 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. 3 4893-9267-5517, v. 1 Page 411 of 647 B. Notwithstanding the provisions of Section 3 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 3 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 3, 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. 5. 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 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 or amendment of a tax increment financing (TIF) district and amendment of the urban renewal plan, including the holding of public hearings on the same. 4 4893-9267-5517, v. 1 Page 412 of 647 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 8 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. 6. 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 with respect to each phase of Improvements: A. Company agrees until the MAA termination date to maintain 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. B. Until the MAA termination date 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 operation of the Improvements. C. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. D. Until the MAA termination date Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. E. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of 5 4893-9267-5517, v. 1 Page 413 of 647 the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it has spent enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, equals or exceeds the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. F. Until the MAA termination date Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. G. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property conveyed to it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 7. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 8. Representations and Warranties of 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. 6 4893-9267-5517, v. 1 Page 414 of 647 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. 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. 9. 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 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 7 4893-9267-5517, v. 1 Page 415 of 647 indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 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 benefit or incentive of any type provided by City hereunder within said 180-day period is subject to revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 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 the following events that continues beyond any applicable cure periods: A. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; 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 8 4893-9267-5517, v. 1 Page 416 of 647 after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Property. D. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 12. 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 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. 13. 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 9 4893-9267-5517, v. 1 Page 417 of 647 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. 14. 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. 15. 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. 16. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 6245 Partners Avenue, Marion, Iowa 52302, Attention: Ron Koelker. 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. 17. 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. 10 4893-9267-5517, v. 1 Page 418 of 647 18. 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. 19. 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. 20. 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. 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 materially to the preparation of each and every provision of this Agreement. 22. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 23. 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. 24. 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. 25. Time of Essence. Time is of the essence of this Agreement. 11 4893-9267-5517, v. 1 Page 419 of 647 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 FUSION INVESTMENTS II, LLC By: BY:.=_ Quentin M. Hart, Mayor Trev Adair, Manager Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers 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, if any. Liability of guarantors hereunder is joint and several. Trey Adair 12 4893-9267-5517, v. 1 Page 420 of 647 EXHIBIT "A" Legal Description of Property Lots 5, 6 and 7, "Cedar Valley Crossing," Waterloo, Black Hawk County, Iowa. Page 421 of 647 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2024 by and among the CITY OF WATERLOO, IOWA ("City"), FUSION INVESTMENTS II, 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 Martin Road 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 $2,520,450.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements has been completed. 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, 2049. 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 Page 422 of 647 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 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 2 4893-9267-5517, v. 1 Page 423 of 647 (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 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 4893-9267-5517, v. 1 Page 424 of 647 CITY OF WATERLOO, IOWA FUSION INVESTMENTS II, LLC By: Quentin Hart, Mayor By: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) By: .�� Trey Adair, Manager On this day of , before me, a Notary Public in and for the State of Iowa, personally appeard 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. 4dtary Public 4 4893-9267-5517, v. 1 Page 425 of 647 STATE OF IOWA ) ) ss. COUNTY OF ) Subscribed and sworn to before me on Yin lb Manager of Fusion Investments II, LLC , by Trey Adair as 1,61pvut NAOKRA- Notary Public 5 9893-9267-5517, v. 1 Page 426 of 647 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 Two Million Five Hundred Twenty Thousand Four Hundred Fifty and 00/100 Dollars ($2,520,450.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA COUNTY OF BLACK HAWK Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 427 of 647 J:1.5818Wwps\Shee1s158160.1065hee1D I me ono L ld).dwo- C.100 MU CEDAR VALLEY CROSSING BUILDING #1 WATERLOO, IOWA 2021 VICINITY MAP NOT TO SCALE Cif 1.35 / Nr1 D^:s iVoYrs COM'Qll B! qs Mason ay WATERLOO Map: Cc-Sv ®RYMs A'xJ�x''.Us*I 1-60 Dnutiol LOCATION MAP Grading, Utility Services and Paving. WORK AND MATERIALS SHALL BE IN ACCORDANCE WITH THE IOWA STATEWIDE URBAN STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, 20ta 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 wlrty.cgaconsuRanis.com INDEX OF SHEETS SHEET NO. DESCRIPTION C.100 TITLE SHEET C.101 SYMBOLS, LEGEND AND GENERAL INFORMATION C.200 OVERALL SITE PLAN C.201 OVERALL GRADING PLAN C.301 STORM WATER POLLUTION PREVENTION PLAN Pages or sheets covered by ih 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. Signature Date Adam C. Deters, PE Iowa License Number 19579 My license renewal date Is December 31, 2022 Is seal: CGA PROJECT NO. 5818 SHEET C.1DO J Page 428 of 647 .101 LEGEND - 09-21-21- 3:320m - KMN352 LEGEND EXISTING 4J 0 .rv,rl ❑t Si LI 4, so' T J9 • PROPOSED EVERGREEN TREE DECIDUOUS TREE FRUIT TREE se SHRUBS (BUSHES) TREE UNE 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 a--ra—=--- GUARDRAIL (BEAM OR CABLE) X X— 0 0 FEIICE LI II — TILE OUTLET DRAINAGEWAY EDGE OFWATER SILT FENCE CONTOUR UNE SPOT ELEVATION BUILDING IOWA ONE CALL 1.800.292-8989 a www.lowoon0eoll.com EXISTING PROPOSED --W I'?---- W 163 A EV FDC FDC P; O C) O O 1') 54 O WATERLINE WATER VALVE FIRE HYDRANT WATER METER CURB STOP YARD HYDRANT FIRE DEPT. CONNECTION POST INDICATOR VALVE SANITARY SEWER UNE STORM SEWER LINE DRAIN T1SE SUBDRAIN ® MANHOLE ® CIEANDUT INTAKE BEEHIVE INTAKE ® ROOF DRAIN © ROOF DRAIN (SURFACE) Q ROOF DRAIN (UNDERGROUND) G GAS UNE N GAS VALVE ® GAS METER 141 7i4F —OH E•—• OVERHEAD ELECTRICAL UNE O Yle E BURIED ELECTRICAL LINE POWER POLE l9 ELECTRICAL METER ELECTRICAL HIGHUNE TOWER • TRAFFIC SIGNAL STREETLIGHT • LUIMINAIRE • ELECTRICAL BOX/TRANSFORYER FIBER OPTICS UNE ▪ FIBER OPTICS BOX ▪ FIBER PEDESTAL 7 TELEPHONE LINE -a- TELEPHONE POLE I TELEPHONE PEDESTAL 111 TELEPHONE BOX l CABLE TELEVISION UNE -- •••• TV ••-• TELEVISION PEDESTAL © ©. TELEVISION BOX p AIR CONUNIONFR EXISTING PROPOSED ■ R ♦ 0 A 0 0 SECTIONIR.O.W. UNE BOUNDARY UNE PROPERTY LINE EASEMENT UNE SETBACK LINE R.O.W. RAIL OR LOT CORNER CONCRETE MONUMENT GOVERNMENT CORNER MONUMENT PARCEL OR LOT CORNER MONUMENT TEMP. CONSTRUCTION EASEMENT CORNER SURVEY CONTROL POINT UTILITY UNETYPES WITH A QUALITY LEVEL INDICATOR (•) HAVE BEEN LOCATED PER THE FOLLOWING ASCE STANDARD GUIDELINE FOR THE COLLECTION & DEPICTION OFDBSTING SUBSURFACE UTILITY DATA' : (A) - PRECISE HORIZONTAL & VERTICAL LOCATION OF UTILITIES OBTAINED 6Y THE ACTUAL EXPOSURE {OR VERIFICATION OF PREVIOUSLY EXPOSED & SURVEYED UTLLRIES) &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 I5-MM VERTICAL&TO APPLICABLE HORIZONTAL SURVEY MAPPING ACCURACY AS DEFINED OR EXPECTED BY THE PROJECT OWNER. (B) - INFORMATION OBTAINED THROUGH THE APPUCATION 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. ICI - INFORMATION OBTAINED BY SURVEYING E. PLATTING VISIBLE ABOVE -GROUND UTILITY FEATURES & BY USING PROFESSIONAL JUDGEMENT kN CORRELATING THIS INFORMATION TO QUALITY LEVEL D INFORMATION. (D) - INFORMATION DERIVED FROM EXISTING RECORDS OR ORAL RECOLLECTIONS. LEGAL DESCRIPTION CEDAR VALLEY CROSSING LOTS 6 & 7. BLACK HAWK COUNTY, IOWA. CONTROL POINTS: NUMBER 1 2 3 4 5 NORTHING 8632672.93 8832864.97 8831096.07 8830862.83 8133215328 BENCHMARKS: NUMBER 100 101 NORTHING 9832304.84 8832087.74 PROPOSED USE LIGHT INDUSTRIAL FASTING 15460175.65 15459547.1 16458197.72 1546E165028 15461736.14 FASTING 15460190.36 15460044.38 PARKING LOT & LANDSCAPE SETBACKS: 25 FT REAR AND FRONT YARD SET BACKS (M-1) 20 FT REAR AND FRONT YARD SET BACKS (3.1-1: MOTEL HOTEL) APPLICANT: FUSION INVESTMENTS. LLC 13557 SNARWOOD COURT DYERSVILLE. IA 52040 ELEV. 868.07 863.33 864.97 915,59 877.56 ELEV. DESCRIPTION 869.29 871.29 CUTX SE BOLT 1996 DATE OF PREPARATION: SEPTEI.58ER 21, 2021 FIELD WORK COMPLETED: JUNE 12, 2018 OWNER OF RECORD: FUSION INVESTMENTS, LLC 13557 SHARWOOD COURT DYERSVILLE, IA 52040 SURVEY PREPARED BY: NOTES: CLAPSADI7LE-GARBER ASSOCIATES, INC 5108 NORDIC DRIVE CEDAR FALLS, IOWA 50613 PH319-265-02..58 WWW,CGACON SULTANTS,COM SITE PLAN PREPARED BY: PROJECT MANAGER: ADAM C. DATERS, PE CLAPSADOLE-GABBER ASSOCIATES, INC 5106 NORDIC DRIVE CEDAR FALLS, IOWA66613 PH319-288-0256 WWW.CGAITONSULTANTS.COLS 1, ALL BEARINGS ARE THE RESULT OF G.P.S. OBSERVATIONS. 2. ALL UNDERGROUND UTILNTES ON THIS SITE HAVE BEEN LOCATED AT ASCE LEVELC OR 0 SURVEY QUALITY. UTILITY COMPANIES THE FOLLOWNG URL111ES ARE PRESENT ON THIS PROJECT CENTURY -LINK TOM SUMMER MEDLACOM BRIAN KAINER MIOAMERICAN (ELECTRIC) LUKE JOHNSON MIDAMERICAN (GAS) MOLLY BROLNYER 720-578-8090 845-867-0932 319.291-0676 319-291-4737 CITY OF WATERLOO LAURA WOLFF 319-291-553 WATERLOO WATER WORKS MATT MAHLER 319-232.8280 DOTE: TYPICAL DEPTH OF COVER ON WATERIAAJN PIPE IN WATERLOO IS OFT. 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, 666104 B( SITE 110. RLY15I6.4 By DATE CGA Cbpsaddle-CiAALer A0ttux .Ix 5,45 rm••c m,s C"-' Fps. bn3 so613 Ph 913•265.0: 9 DESIGNED: -- DRAWN. -- CHECKED: -- APPROVED: — DAZE - DATE' DATE- — CEDAR VALLEY CROSSING BUILDING #1 WATERLOO, IOWA SYMBOLS, LEGEND, AND GENERAL INFORMATION PROJECT MB. 5818 SHEET IJO. G.101 Page 429 of 647 258181(1wgstShee1c15818 C,200 Sheet; (SITE PLAN],tlw0 - C200 OVERALL SR PLAN- 09-21-21 - 3:32prn -1.3m N352 / / / / / / / C / / / PROPERTY UNE (TYP.) 20' STORM SEWER AND DRAINAGE EASEMENT .51•-- -- $ —� SG Ds ---?n 5y 1f AA*ram°fwe�s* apt.•` "Wo, !*e• /! Ste• 040 0 �00- teaAO* as PROPOSED GRAVEL a/00. tr �S )00• STORaGEAREAv tare •`ir ��►*G r I) I1 12' HDPE STORM SEWER APRON INV=862.00 INSTALL 30 TONS OF Z EROSION STONE AT OUTLET 55' STORM SEWER AND DRAINAGE EASEMENT 12' HDPE STORM SEWER X 359 LF @ 3.00% DIVISION 1 ESTIMATE REFERENCE INFORMATION ITEM NO. DESCRIPTION 1.01 Topsoil Summary: Strip/Salvage (8'): 6,450 CY Respread (81 + 40%: 63O CY Waste: 5,620 CY 1 Earthwork Summary: Cut: 9,350CY Fill + 30%: 7,475 CY Waste: tan CY STORM SEWER GRADE BREAK 15' BUILDING SET BACK (TYP.) tI csi o [R.O.W. (TYP.) 0 MAKE CONNECTION TO EXISTING SANITARY SEWER SERVICE 10' PUBUC UTILITY EA ENT (TYP.) 300' PROPOSED BUILDING FFE= 881.75 UTILITY NOTE: EXISTING INTAKE TO BE REMOVED, CONNECT EXISTING STORM SEWEI _ PIPE TO PROPOSED 12' HDPE STORM SEWER EX INV OUT = 875.10 PROPOSED STORM INTAKE (SW511) FG=860.34 INV OUT = 876.00 EXISTING TILE TO BE REMOVED PROPOSED SANITARY SEWER SERVICE 20' STORM SEWER AND DRAINAGE EASEMENT TO BE ABANDONED 9' (TYPO, EXISTING EROSION STONE EX DRAINAGE EASEMENT PROPERTY LINE (TYP.) 1. ALL CONNECTIONS TO EXISTING WATER MAIN SHALL BE REVIEWED AND APPROVED BY WATERLOO WATER WORKS PRIOR TO CONSTRUCTION. CONTACT WATERLOO WATER WORKS PRIOR TO CONSTRUCTION. 2. LOCATION AND SIZE OF WATER SERVICES SHALL BE COORDINATED WITH MEP PLANS OR FIRE PROTECTION DESIGN PROFESSIONAL PRIOR TO CONSTRUCTION. 3. LOCATION AND SIZE OF SANITARY SEWER SERVICES SHALL BE COORDINATED WITH MEP PLANS PRIOR TO CONSTRUCITON. • / — 10.00' PROPOSED STORM INTAKE (SW-511) FG=880.11 INV OUT = 875.55 LOT 4 EX DRAINAGE EASEMENT GENERAL NOTES: 1. SITE COVERAGE TABULATION: IMPERVIOUS(GRAVELAREA = 189.904 SF LANDSCAPED AREA = 775,247 SF TOTAL AREA OF SITE = 265,151 LF IMPERVIOUS COVERAGE = 71.9% LANDSCAPE COVERAGE = 28.4% TOTAL COVERAGE = 100% EW+C SCALE 1f1 ED 90 RE%ISON Duf 110. DATE CGA Cl3psallc-G3,tcrAssccir..s. lnc 15ilS8z11A.r.Sete 101 F Xl>,50010 MS15-232.17es ,...&cgaccrsaaacan DESEGrlED: — DATE. — DRAWN: DATE' — CHECKED: -- DATE' — APPROVED: DATE. - -- CEDAR VALLEY CROSSING BUILDING #1 WATERLOO, IOWA OVERALL SITE PLAN PROJECTED. 5818 SHEET 110, C200 Page 430 of 647 EXISTING STORM SEWER -- 95 - {IllIl III I Ilil�� I MATCH EXISTING I GRADE AT TOP OF Ig DETENTION POND I I., I lryml $� 1.5ICIN ps1Shcen81SC.201 SheeIz(Gradlno PIan)Aw0- C201 OVERALL GRACING PLAN -09-21-21-3:32pm-AMN352 11/ / / / / // / / / / / / / / /' // ii / / / r / / / / / // i / \ �..-� / / / / / / / r / / / / , -/- -, ; , �, 16' BUILDING SET BACK (TYP.)/ / / / / / / \� ...../ g / R.O.W. (TYP.) / 10' PUBLIC UTJUTY EASMENT (FYP.) / / \. 1 BOTTOM OF WALL PROPOSED SLOPE PROPOSED DRAINAGE PATTERN C3 _idie.Gazfrr Assttiva. Ir 1523 $. exd a z.5}e 505 f1155s212-5Mda errw.tq+acurstxtiwn DESIGNED: -- DRAWN: ---- CHECKED: APPROVED: - -- 11 I0i. 1( PROPOSED BUILDING FFE 881.75 CEDAR VALLEY CROSSING BUILDW WATERLOO, IOWA EX DRAINAGE EASEMENT GRADE TO MATCH EXISTING AT 4:1 r � Page 431 of 647 /e / / / / / II 171-e- F�I�I EXISTING REGIONAL DETENTION POND i / EXISTING STORMSEWER 1 1 1 — ^•� n+95 95 5.‘----i96 55 - / / �— .1 = - —� 1— _-� - — // /// /4 a / /m / // /1 // /1 / / 1 / I / / / // / / / / / i / / / // / / / / / // / / / / / // / 1 / / / / / / / / / / I / / / / / / / / / / / I I/ I / / / / / / / / 1 m ` ,,s.� s" n/ / / , / 1 1 >/ 7 r.n •i / / / / / / m^ nb / 25' BUILDING SET RACK (TYP.) / 1\\/ \ / / m , / / \ / o i� i (P P.U.E. (TYP.) — 7 `— j / R.O.W. (TYP.) i =Bbb- -69-= _ ~`— , �1lry 1 == 73 - 87 7 rV r Or `F- / / - EXISTING _/— _ , __ " SANITARY - SEWER \ �, 682 ♦f83_ OY--_ `� iO� - CAAFI3 C1'6'F 0 30 60 9r M0. REVISION 8r DATE 11Q 61 DATE PROPERTY LINE (TYP.) CGA 893 O 1' E1 PROPOSED BUILDING FFE= 882.25 / /` / / L</_ — / / ' / / O wr�riii N — / 7 7 1 CONSTRUCTION NOTES: INSTALL SILT FENCE -TO BE REMOVED AT THE END OF THE PROJECT, © INSTALL INLET PROTECTION - TO RE REMOVED ATTHE END OF THE PROJECT. • INSTALL CONCRETE WASH OUT AREA - TO RE REMOVED & RESTORED AT THE END OF THE PROJECT. O INSTALL EXCELSIOR MATT ® INSTALL STABILIZED CONSTRUCTION ENTRANCE. ®STOCK PILL LOCATION - TO BE REMOVED AND RESTORED AT THE END OF THE PROJECT O INSTALL COMPOST TUBE SOCK - TO BE REMOVED AT END OF PROJECT- INSTALL PER SUDAS 9040.102 O INSTALL COMPOST TUBE SOCK IF AREA UPSTREAM OF LOCATION WILL NOT BE PERMANENTLY STABILZED WITHIN 7 SAYS TO BE REMOVED UPON STABILIZATION OF UPSTREAM AREA- INSTALL PER SUDAS 9040.102 / Clapu J604N M Assails, kz 5106006*Cr. Cede Fab. Mn '-0613 Fh3142682058 .a.atanan DESIGNED: DATE. -- DRAWN: — DATE. --- CHECKED; — DATE' --- APPROVED; — DATE• CEDAR VALLEY CROSSING BUILDING #1 WATERLOO, IOWA STORM WATER POLLUTION PREVENTION PLAN F'R0!ECT N0, 5810 SHEET 110. C.301 Page 432 of 647 :',551hAwQ:41t010818 C Sat sa LANDSCAPE POINTS SUMMARY Points Required Calculations Total Lot Area - 264,557 Total Non -Landscape Area = 159,032 Total Landscape Area = 105,525 Percent Landscaped - 39.9%--> 0.015 Points/SF PROPERTY LINE (TYP.) 20' STORM SEWER AND DRAINAGE EASEMENT TIN -STORM-SEWER —' 264,557 SF x 0.015 Points/SF = 3,968 Total Points Required 568 LF Street Frontage @ 1.5 Points/LF = 652 Street Frontage Points Required Min 65% Trees --> 3,968 x 0.65 - 2.579 Points from Trees Required Min 0.04 Pts/SF Vehicular Use Area (VUA)= 46,838 x 0.04 = 1,074 Points in VUA Required Points Required Summary Total Points Required = 3,968 Total Street Frontage Required = 852 Total Points From Trees = 2,579 Total Vehicular Use Points = 1,874 Points Provided 16 - 2' Caliper Overstory Trees @ 80 Pis = 1,440 Points 18-2' Caliper Understory Trees @ 40 Pis = 720 Points Total Points Provided = 2,160 Total Street Frontage Points Provided = 13 - 2" Caliper g 60 pts =1.040 Points Tolal Points From Trees Provided = 2,160 Total Vehicular Use Points Provided = 2 - 2' Overstory @ 80 Points + 16 - 2' Understory @ 40 Points = 880 Points / STS-0I. son It BA3150322' E 154596P2'5' TOG EL 1372.69' FLOW-V.6Y : MSS: EXISTING ' -♦ INTAKES '... . I I I 359 L<"yJ' N OPE P'.E P-1.61 LANDSCAPE LEGEND 211 Caliper Overstory Tree 432" Caliper Understory Tree 65APJtc $CAS E e 3a' 60' 90 RE,t0ON Of 671E Na Irr DAIE acGA \ 15' BUILDING SET BACK (TYP.) ARNIE AVE • kt! CONVECT PROPOsEv & P•SU505&' TO I�r EXES11 G STUBOL [ 1 Aa371':G STORM SEINER j FL= 6027 IFIF.IOVERFY) UTILITY NOTE: MAKE CONNECTION TO EXISTING SANITARY SEWER SERVICE r EXISTING INTAKE TO BE /— REMOVED, CONNECT / G STORM ' t PR ORMS S OUT = 875.1 PROPOSED STORM INTAKE (SW-511) FG=880.34 INV OUT = 876.00 20' STORM SEWER AND DRAINAGE EASEMENT TO BE ABANDONED EROSION STONE PROPERTY LINE (TYP.) EX DRAINAGE EASEMENT EXISTING 1, ALL CONNECTIONS TO EXISTING WATER MAIN SHALL RE REVIEWED AND APPROVED BY WATERLOO WATER WORKS PRIOR TO CONSTRUCTION. CONTACT WATERLOO WATER WORKS PRIOR TO CONSTRUCTION. 2. LOCATION AND SIZE OF WATER SERVICES SHALL 8E COORDINATED WITH MEP PLANS OR FIRE PROTECTION DESIGN PROFESSIONAL PRIOR TO CONSTRUCTION. 3. LOCATION AND SIZE OF SANITARY SEWER SERVICES SHALL BE COORDINATED WITH MEP PLANS PRIOR TO CONSTRUCTTON. /7 \ \ N �- 10.00' s PROPOSED STORM INTAKE (SW-511) FG=B80.11 INV OUT = 875.55 \ \ LOT 4 EX DRAINAGE EASEMENT GENERAL NOTES: 1. SITE COVERAGE TABULATION: IMPERVIOUS/GRAVELAREA = 189,904 SF LANDSCAPED AREA = 775,247 SF TOTAL AREA OF SITE = 265,151 LF IMPERVIOUS COVERAGE = 71.9% LANDSCAPE COVERAGE = 28.4% TOTAL COVERAGE = 100% Cla�add!e-Gerber Atm:taxs. Ina 15236. Max 6,1a101 Perm Ian 56010 Ph 51S212.1764 1111w.�l'<'�*G.CM DESIGNED: DATE: -- DRAWN: -- DATE: ---- CHECKED: -- DATE. --- APPROVER: — DATE: CEDAR VALLEY CROSSING BUILDING #1 WATERLOO, IOWA OVERALL SITE PLAN PRWJEC6 htl. 5818 SHEET NO. 0.200 Page 433 of 647 i CEDAR VALLEY CROSSING (CVC) BUILDING 1 EXPANSION WATERLOO, IOWA VICINITY MAP 1"=500' 1-35 Ames Des Moines Council Bluffs Mason City WATERLOO Dubuque Cedar Rapids Marshalltown 1-80 Davenpor Burlington LOCATION MAP SITE LAYOUT, PAVING, GRADING AND UTILITIES WORK AND MATERIALS SHALL BE IN ACCORDANCE WITH THE IOWA STATEWIDE URBAN STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, 2022 EDITION (SUDAS) AND THE CITY OF WATERLOO STANDARD SPECIFICATIONS UNLESS OTHERWISE SPECIFIED CGA Clapsaddle-Garber Associates, Inc 5106 Nordic Dr. Cedar Falls, Iowa 50613 Phone 319-266-0258 www.cgaconsultants.com INDEX OF SHEETS SHEET NO. DESCRIPTION C.100 TITLE SHEET C.101 SYMBOLS, LEGENDS AND GENERAL INFORMATION C.200 OVERALL LAYOUT AT UTILITIES PLAN C.300 GRADING PLAN C.310 SWPPP PRELIMINARY BID SET: 04/06/2022 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. Pages or sheets covered by this seal: CGA PROJECT NO. 5818_1 SHEET C.100 Page 434 of 647 LEGEND J:\5818 1\dwgs\5 Sheets \5818 1 C.100 (Title Sheet, Lege EXISTING PROPOSED EVERGREEN TREE DECIDUOUS TREE FRUIT TREE SB SHRUBS(BUSHES) TREE LINE STUMP SWAMP CEMETERY GRAVE CAVE SINK HOLE WELL WINDMILL © CISTERN O SEPTIC TANK LP LP GAS TANK UNDERGROUND STORAGE TANK SATELLITE DISH SIGN (TYPE AS NOTED) FLAGPOLE • SOIL BORING • MONITORING WELL © G PARKING METER MAILBOX B POST ® B BOLLARD SPRINKLER HEAD SPRINKLER HEAD VALVE GUARDRAIL (BEAM OR CABLE) —X X— —0 O FENCE 0 — — TILE OUTLET DRAINAGE WAY EDGE OF WATER e--e--•—•— SILT FENCE CONTOUR LINE SPOT ELEVATION SIGN SPH SPV BUILDING IOWAR - n @AL1 1-800-292-8989 www.iowaonecall.com EXISTING PROPOSED --W(*)---- W WATERLINE Pa A 0 FDC P®V San(*) StS (*) DT © WATER VALVE A FIRE HYDRANT ® WATER METER .1' CURB STOP T YARD HYDRANT ▪ FIRE DEPT. CONNECTION FDC IV POST INDICATOR VALVE • SANITARY SEWER LINE STORM SEWER LINE - DT ---- DRAIN TILE ---- SD ---- SUBDRAIN O MANHOLE © CLEANOUT INTAKE BEEHIVE INTAKE ROOF DRAIN ROOF DRAIN (SURFACE) ROOF DRAIN (UNDERGROUND) GAS LINE GAS VALVE GAS METER --- 0 —OH E —OH E— OVERHEAD ELECTRICAL LINE ---- E (*)---- E BURIED ELECTRICAL LINE O POWER POLE © ® ELECTRICAL METER 1 1 ELECTRICAL HIGHLINE TOWER ij * TRAFFIC SIGNAL STREET LIGHT -0 j�.- LUMINAIRE ® ® ELECTRICAL BOX/TRANSFORMER ----FO(*)---- FIBER OPTICS LINE • FIBER OPTICS BOX F® F� FIBER PEDESTAL ----T(*)---- T TELEPHONE LINE - TELEPHONE POLE Q ® TELEPHONE PEDESTAL ❑T ▪ TELEPHONE BOX © ® CABLE TELEVISION LINE Tv(*) TELEVISION ---- N ---- TELEVISION PEDESTAL © © TELEVISION BOX AC ❑� AIR CONDITIONER EXISTING PROPOSED - — SECTION/R.O.W. LINE BOUNDARY LINE PROPERTY LINE — — EASEMENT LINE SETBACK LINE • ▪ R.O.W. RAIL OR LOT CORNER • 0 CONCRETE MONUMENT A 0 GOVERNMENT CORNER MONUMENT • 0 PARCEL OR LOT CORNER MONUMENT TEMP. CONSTRUCTION EASEMENT CORNER $ SURVEY CONTROL POINT 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. NO. REVISION BY DATE NO. REVISION BY DATE LEGAL DESCRIPTION CEDAR VALLEY CROSSING LOTS 6 & 7, BLACK HAWK COUNTY, IOWA. CONTROL POINTS: NUMBER 1 2 3 4 5 NORTHING 8832672.93 8832864.97 8831096.07 8830882.83 8832153.26 BENCHMARKS: NUMBER 100 101 NORTHING 8832304.84 8832087.74 PROPOSED USE LIGHT INDUSTRIAL EASTING ELEV. 15460475.85 868.07 15459547.1 863.38 15458197.72 864.97 15460650.28 915.59 15461736.14 877.56 EASTING ELEV. 15460190.36 869.29 15460044.38 871.29 PARKING LOT & LANDSCAPE SETBACKS: 25 FT REAR AND FRONT YARD SET BACKS (M-1) 20 FT REAR AND FRONT YARD SET BACKS (M-1: MOTEL HOTEL) APPLICANT: FUSION INVESTMENTS, LLC 13557 SHARWOOD COURT DYERSVILLE, IA 52040 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 CGA Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 319-266-0258 www.cgaconsultantocom DESIGNED: ---- DATE. ---- DRAWN: ---- DATE- ---- CHECKED: ---- DATE ---- APPROVED: ---- DATE- ---- DESCRIPTION CUT X SE BOLT 1996 DATE OF PREPARATION: APRIL 06, 2022 FIELD WORK COMPLETED: FEBRUARY 25, 2022 OWNER OF RECORD: FUSION INVESTMENTS, LLC 13557 SHARWOOD COURT DYERSVILLE, IA 52040 NOTES: 1. ALL BEARINGS ARE THE RESULT OF G.P.S. OBSERVATIONS. 2. ALL UNDERGROUND UTILITIES ON THIS SITE HAVE BEEN LOCATED AT ASCE LEVEL C OR D SURVEY QUALITY. CVC BUILDING 1 EXPANSION WATERLOO, IOWA UTILITY COMPANIES THE FOLLOWING UTILITIES ARE PRESENT ON THIS PROJECT CENTURYLINK TOM STURMER MEDIACOM BRIAN KADNER MIDAMERICAN (ELECTRIC) LUKE JOHNSON MIDAMERICAN (GAS) MOLLY BROUWER CITY OF WATERLOO LAURA WOLFF WATERLOO WATER WORKS MATT MAHLER 720-578-8090 845-867-0932 319-291-4676 319-291-4737 319-291-4553 319-232-6280 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. SYMBOLS, LEGEND, AND GENERAL INFORMATION PROJECT NO. 5818 1 SHEET NO. C.101 Page 435 of 647 sss - - sts sts SS sts SIS SIS CONNECT TO EXISTING STORM INTAKE FL = 861.74 - Sts(C)--- --SS8:.- - -s INSTALL 30" FLARED END SECTION FL= 870.00 30.00' St / ,RI 119AN M7H1 S 1 Y- v ').45- / / \ tioo� \ 40 \ \ - 25.00' STS-01 SW-501 N: 8831506.22 E: 15459682.95 TOC EL: 872.69 FL OUT (NW): 868.30 6'o PROPOSED 8" SUBDRAIN - SIs(c'A�.� - - - sts SD In n SD - EXISTING SANITARY SEWER (FIELD VERIFY DEPTH) EXISTING PROPERTY • , '+ LINE (TYP.) • SAN MH RIM=872.38 • • `•• • • + • • • • • • • • • • • • • • • • ' • '• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...............• .... ••••••....••••• 0 • . . . • • • 150.00' PROPOSED • • • • • • • • • • • • • • • ' ' ' ' ' ' ' ' ' ' ' ' BUILDING ADDITION ' •' ' ' ' ' •' ' • 22,500 SF O S1S(C) • • 1(7-41 SIS 1 4 _CONCRETE . + • • .1 • • CONNECT PROPOSED 8" SUBDRAIN TO • • EXISTING STUBOUT ;' + . • . ,•. STEPS SD • ••SD 'sly / / / / 8" ROOF DRAIN / ELEV- 82.12 / ' CONCRETE PAD u , ••••• . +4 • • •• • I.• •1 • >• / /%///////,1// FL ELEV=881.74 FL ELEV=881.73 FL ELEV-881.75 EXISTING BUILDING FL ELEV=881.72 • •FLELEV-881.73.' • •I• BOLLARD .,5 • BOLLARD • .IrL ELEV=881.74•• .., j• 1 • A• . 4 t• a 8 ' • F• -- CONCRETE 8" ROOF DRAIN ELEV=882.16 BUILCING /// .• . •SISICI . . . . . .S S1 ). . . . • sap-- - ---SIS(C)---- • • • • � •� • ,• , F. , •• • -�. • • • . ▪ J • . +e. �/ - SIsIG, SI^) -• ^ SI ) • - _ -L Sf(.)-•-•- , SIS • `, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - -. --SISI IS 359 LF 30" HDPE PIPE @ -1.67% 0 EXISTING STORM SEWER FL= 870.27 (FIELD VERIFY) sts sts INSTALL 30" FLARED END SECTION FL= 876.00 • • • y' l „ • . • N 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 ENGINEER 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, WATERLOO WATER WORKS STANDARDS & THE CURRENT EDITION OF THE MUTCD. 5. TWO-WAY TRAFFIC SHALL BE MAINTAINED AT ALL TIMES ALONG MARNIE AVE. 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. GENERAL LAYOUT NOTES: 1. ALL DIMENSIONS ARE TO BACK OF CURB UNLESS OTHERWISE NOTED. 2. 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. 3. ALL DISTURBED AREAS SHALL BE SEEDED, FERTILIZED & MULCHED UNLESS OTHERWISE NOTED IN PLANS. REFER TO LANDSCAPING PLAN. 4. 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. 5. COORDINATE GAS, ELECTRIC, TELEPHONE, & FIBER OPTIC WITH RESPECTIVE UTILITY COMPANIES. 6. ALL CONSTRUCTION MATERIALS, DUMPSTERS, DETACHED TRAILERS, OR SIMILAR ITEMS ARE PROHIBITED ON PUBLIC STREETS OR WITHIN PUBLIC RIGHT-OF-WAY. BUILDING LAYOUT NOTES: 1. PROPOSED BUILDING EXPANSION IS SHOWN FOR REFERENCE AND LAYOUT OF PAVED AREAS ONLY 2. EXISTING BUILDING LOCATION SHALL DETERMINE THE LOCATION OF THE PROPOSED BUILDING EXPANSION. ANY DISCREPANCIES BETWEEN PROPOSED BUILDING LOCATION SHOWN AND PROPOSED BUILDING LOCATION DETERMINED IN THE FIELD BY MEASURING OFF EXISTING BUILDING SHALL BE RESOLVED BY THE CONTRACTOR PRIOR TO CONSTRUCTION. 3. CONTRACTOR SHALL CONFIRM EXACT BUILDING DETAILS; SUCH AS DOOR LOCATIONS, EXTERIOR ELEVATED STEPS. THESE DETAILS SHALL BE CONFIRMED WITH THE ARCHITECT AS WELL AS THE OWNER BEFORE CONSTRUCTION SHALL TAKE PLACE. 4. ROOF DRAINS SHALL BE TIED INTO PROPOSED 18" HDPE STORM SEWER, VERIFY LOCATION WITH ARCHITECT AND OWNER BEFORE INSTALLATION. CONSTRUCTION NOTES: OINSTALL 3,873 SY PCC PAVEMENT. 6" PCC/6" GRANULAR SUBBASE. ® INSTALL 10 TONS F CLASS D RIP -RAP AT FLARED END SECTIONS CO INSTALL 6" INTEGRAL CURB AND GUTTER. ® TRANSITION 6" CURB AND GUTTER TO FLUSH WITH FINISHED GRADE. ®INSTALL 'RT' JOINT AT ALL LOCATIONS WHERE NEW PAVEMENT ABUTS EXISTING PAVEMENT. IF EXISTING PAVEMENT IS DETERMINED TO BE OF UNSATISFACTORY CONDITION TO ALLOW INSTALLATION ALONG A CLEAN EDGE, CONTRACTOR SHALL SAW -CUT CLEAN EDGE PRIOR TO INSTALLING REBAR JOINTING. SAW -CUT AND ADDITIONAL PAVEMENT SHALL BE AT THE OWNER'S EXPENSE. CONTRACTOR SHALL SUBMIT A SEPARATE UNIT COST PER LINEAR FOOT TO INLCUDE THE FOLLOWING: FULL DEPTH SAWCUTTING AND PAVEMENT REMOVAL IN ORDER TO CREATE A CLEAN EDGE; AND REPLACING WITH MIN. 6" PCC. ® AREA RESERVED FOR ADDITIONAL PARKING SPACES IF NEEDED © -48" LOADING DOCK (SEE ARCHITECT PLANS) PROPOSED 4" PVC SANITARY SEWER SERVICE WITH A MIN. SLOPE OF 1.0%, TIE INTO SANITARY SEWER MAIN (FIELD VERIFY DEPTH) 01 EXISTING STORM SEWER SHALL BE CAPPED AND ABANDONED IN PLACE. , PROPOSED 12" ELBOW TO BE INSTALLED AND CONNECTED TO EXISTING 12" STORM SEWER AND THEN CONNECTED TO PROPOSED 30• HDPE STORM SEWER ® PROPOSED ROOF DRAINS TO BE TIED INTO UNDERGROUND 6" SUBDRAIN AND CONNECTED TO EITHER 8" SUBDRAIN OR 18" HDPE STORM SEWER. (SEE PLAN VIEW FOR ADDITIONAL DETAILS) • --•• SISA--f •.•-St4- • . , StTfC)-• ---SISIC) •i, • .• • •`•• • • • ••• • •. • GRAPHIC SCALE 0 20' 40' 60' NO. REVISION BY DATE N0. REVISION BY DATE CGA Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 319-266-0258 www.cgaconsufants.com DESIGNED: ---- DATE• ---- DRAWN: ---- DATE' ---- CHECKED: ---- DATE- ---- APPROVED: ---- DATE' ---- CVC BUILDING 1 EXPANSION WATERLOO, IOWA OVERALL LAYOUT AT UTILITIES PLAN PROJECT N0. 5818_1 SHEET NO. C.200 Page 436 of 647 C.300 (Grading Plan).dwg - C.300 (Grading Plan) - 04-06-22 StS 513 315 7 s6 S5 (.7c7 aim/ Ai A700,0 )1t024° V 0 erte 1� 1II\I1 \ IIII / I\\ - - srs(c)- — 870 • / — 869- — / -- _ 870- -- — 874 _535 6� / StS StS 44 If877.98 17 — '8, _ \ \86B �86 868 — — / • / / N\ 880 - - SD �/-1,A`6• - SD • -- • 4 .ti� „ • ••'874•�• •• • • ♦ , • / ' • • • e1hyh • � —• — S •J r876 -ti' •, • • / •• • . ./ . . . •—• — � . I . . . TRANSITION ADJACENT ' ' • ' • '% MATCH EX DOCK AND • GRADE TO BUILDING FROM . // ADJACENT BUILDING ' --*- • • DOCK ELEVATION TO • • • •• / ELEVATIONS BUILDING FINISHED FLOOR ' ' / r r' ELEVATION ....../.f .......T1� 1 1 ............. . .....ill//. ....1. ��,1........... \.. I.II.........m .............................'.�-. /j,1JIV .•• .........."' IIa .... ' . PROPOSED BUILDING ADDITION • • • • W ` I I FFE = 881.73 '\ ' ' ihl•'"w8' . ' 'i' ••\�.. �...� x ... l.. •••\,•,••,•, TRANSITION ADJACENT ` / • GRADE TO BUILDING FROM • • • • •-/ •/ • • •••• • ' ' ELEVATION SHOWN TO MATCH ADJACENT BUILDING BUILDING FINISHED FLOOR ELEVATION TO EXISTING \ • , ELEVATION PAVEMENT ELEVATION .... \ 880.50 879.50. — SEE ADJACENT BUILDING . . ELEVATIONS, THEY DO NOT MATCH . . . . . . BUILDING FFE IN THIS VICINITY• . - � ! 1 . � - stslci 80.50 • 01�• • ' • • , • • • • •• •, .. -877�••• • • • • • �,/ • •• • / • ' • • • • p0 ' •/J • g79 j• J . • ' ' 110 D- .; 'SD, +- 8= •8\6•�-_• SD— • , .SD • • 00*--• • SD -- p �I • e• �• /%//////////// / / / / / / • I • •I•• • • • • • • • - - -'sis(c)�-. - - ^ sls(c)- - - • SIS(C)-� i • • ' « •slsfcl. ..•ss(cl �sislcl--r 880.52' f 880.fit . �8078 • 880.94 •BBt 12 880.42- — — 881.02— \ - - .882 — 880.16 884 882 881 • — — - �87 / — — — / — i� — — — — —aaa 883- -886— — _ 884d& /- — / - / 8 8 �887 _ — e i■ ■ �■ r At8-869 880.79 — — 887-886 885 — 887 _ 88887 _—i — 888- 9 1 /_ / —_ — -888 — = 889 890- �887 / /// l EARTHWORK SUMMARY CUT: 3,135 CY FILL + 30%: 2,275 CY WASTE: 860 CY NOTE: NO TOPSOILING WAS TAKEN INTO ACCOUNT. NUMBERS ABOVE ARE CALCULATED COMPARING TOP EXISTING SURFACE FROM FIELD TOPO (INCLUDING PILES) TO THE FOLLOWING: TOP FINISHED GRADE/ROCK OUTSIDE PAVED AREAS; TOP PAVED AREAS -12"; TOP FINISHED FLOOR. BUILDING LAYOUT NOTES: 1. PROPOSED BUILDING EXPANSION IS SHOWN FOR REFERENCE AND LAYOUT OF PAVED AREAS ONLY 2. EXISTING BUILDING LOCATION SHALL DETERMINE THE LOCATION OF THE PROPOSED BUILDING EXPANSION. ANY DISCREPANCIES BETWEEN PROPOSED BUILDING LOCATION SHOWN AND PROPOSED BUILDING LOCATION DETERMINED IN THE FIELD BY MEASURING OFF EXISTING BUILDING SHALL BE RESOLVED BY THE CONTRACTOR PRIOR TO CONSTRUCTION. 3. CONTRACTOR SHALL CONFIRM EXACT BUILDING DETAILS; SUCH AS DOOR LOCATIONS, EXTERIOR ELEVATED STEPS. THESE DETAILS SHALL BE CONFIRMED WITH THE ARCHITECT AS WELL AS THE OWNER BEFORE CONSTRUCTION SHALL TAKE PLACE. 4. ROOF DRAINS SHALL BE TIED INTO PROPOSED 18" HDPE STORM SEWER, VERIFY LOCATION WITH ARCHITECT AND OWNER BEFORE INSTALLATION. LEGEND TOC HP LP TAN B/W 2.0% GENERAL NOTE: TOP OF CURB HIGH POINT LOW POINT TOP OF WALL BOTTOM OF WALL PROPOSED SLOPE PROPOSED DRAINAGE PATTERN 1. GRAVEL STORAGE AREA TO BE RESTORED TO ORIGINAL CONDITION BY OWNER/DEVELOPER. 2. TOPSOIL STOCK PILES TO BE REMOVED AND DISPERSED EVENLY ON THE ENTIRE SITE. -•sls(c),- - IA s+slcl , -' s • ' 881.31 1 •- - �TIDI- r - --$�slc) • SIS(ci —883- — — 885 / -884 —I gg5� g86 /8g7. N GRAPHIC SCALE 0 20' 40' 60' NO. REVISION BY DATE N0. REVISION BY Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 319-266-0258 www.cgaconsultanis.com DESIGNED: ---- DATE- ---- DRAWN: ---- DATE - CHECKED. ---- DATE- ---- APPROVED: ---- DATE- ---- CVC BUILDING 1 EXPANSION WATERLOO, IOWA GRADING PLAN PROJECT NO. 5818_1 SHEET NO. C 300 Page 437 of 647 / — — Op I e10-• / / / / / /// /- / // / / / I\ I(�/// r �\\\ \ 111 \ I 1 / / \\\\1_--- %` I I 1 \\\I I / \\\I\\rl—;II II \�J/\ \ \\c- \I(\ \ /1\\ \1 \\\\\\\I\ \\\\ ;/ \\\ \\\\\I\\\\\J I \ \II / \\\\\�IIII\\\\ \ \\\I ❑ \ v\ \ / \\III \\\ \ I\I\\`\\I\I\ I\� \ _ \I 1 \ \\\\\\\\�\\\ ---)\\II I I \II\\\\\\\\\\ //1IIII\\\ \\IIIIII\\\��`--// /�111,1\ /IIII\\\\\\\\\\// // /IIII \\ / \\ \\\\\\\\ / /// /( 1 \\\\\\\\�/ ///((\ \\ \\\\\\\\\, / \ \ / / \,IIII✓i 1\\\\ / / / / / 5IS(7— — — — S(s(C) — ro� — — S(s(c)- - \ 1 \ \ \ \ \ �.> - / r /• / — j \ — — St5(C) / / / / T SD 1 / i/ r• • 0 ••/• • — / 876 SD — 877 878 879 _88 881 SD .`l — sts(c)- - �='s�sicl_ _._ �. sstcl .. . � .• • .�(q, •t'_ _ �s,51c)� •_'\. _.—. . s1s(ci . \�....\ .\.. ...... �...•••... ° s 3872 873� .874 875 876' / �/ •87// / .7) — / 87 8 79/ 80= / / 8 1 —582— 883� 84i 5� i88 .886 -7;87 st • / / / / / H$ • • • - '• • • •j • • SDi • • GENERAL NOTES A. THE ABOVE PLAN IS NOT THE COMPLETE STORM WATER PREVENTION PLAN (SWPPP), BUT RATHER A PART OF THE SWPPP THAT IS TO BE UPDATED REGULARLY BY THE CONTRACTOR. IT IS PRIME CONTRACTORS RESPONSIBILITY TO DEVELOP AND UPDATE THE SWPPP PLAN AS NEED AS WELL AS CONDUCT ANY NECESSARY INSPECTIONS IN ACCORDANCE WITH IOWA DNR, EPA, AND JURISDICTION GUIDELINES. THE CONTRACTOR SHALL BE RESPONSIBLE FOR IDENTIFYING ANY DEFICIENCIES, CORRECTING THOSE DEFICIENCIES IMMEDIATELY AND DOCUMENTING SUCH WITH THE SWPPP. ALL EROSION CONTROL ITEMS EXCEPT THE TURF REINFORCEMENT MAT SHALL BE REMOVED AT THE END OF THE PROJECT. B. ALL STOCK PILES NOT INTENDED TO BE REDISTRIBUTED IN 14 DAYS MUST BE SEEDED OR OTHERWISE CONTROLLED WITH EROSION CONTROL FEATURES IMMEDIATELY AFTER STOCK PILING. STOCK PILE LOCATIONS SHALL BE APPROVED BY THE OWNER. C. THE GENERAL CONTRACTOR SHALL PROVIDE CONTAINMENT OF ALL SOURCES OF POTENTIAL POLLUTION INCLUDING FUELING AREA, PORTABLE SANITARY FACILITIES, WASTE DEPOSITORY AREAS (DUMPSTER LOCATIONS), AND OTHER POLLUTION SOURCES. ALL AREAS WHERE CONCRETE TRUCKS ARE WASHED OUT SHALL BE DEFINED AND CONTAINED ON SITE. CONCRETE WASHOUT AREA SHALL BE CLEARLY MARKED AND THE CONTRACTOR SHALL CLEAN OUT THIS AREA PRIOR TO FINALIZING THE PROJECT (INCIDENTAL). ALL EROSION CONTROL DEVICES MUST BE MAINTAINED AS STATED IN THE POLLUTION PREVENTION PLAN. D. CONTRACTOR SHALL TAKE PRECAUTIONS TO INSURE THAT EQUIPMENT, VEHICLES, AND PLANTING OPERATIONS DO NOT DISTURB OR DAMAGE EXISTING GRADES, WALLS, DRIVES, PAVEMENT, UTILITIES, PLANTS, LAWNS, IRRIGATION SYSTEMS, AND OTHER FACILITIES. REPAIR, REPLACE, AND/OR RETURN TO ORIGINAL CONDITION ANY DAMAGED ITEM, WITHOUT ADDITIONAL COMPENSATION. E. THE CONTRACTOR SHALL PREVENT ACCUMULATION OF EARTH, SILTATION, OR DEBRIS ON ADJOINING PUBLIC OR PRIVATE PROPERTY FROM THE PROJECT SITE. REMOVE ANY ACCUMULATION OF EARTH OR DEBRIS IMMEDIATELY AT NO COST TO THE OWNER. TAKE REMEDIAL ACTIONS FOR PREVENTION, REPAIR, REPLACE, AND/OR RETURN TO ORIGINAL CONDITION, WITHOUT ADDITIONAL COMPENSATION. F. THE COST FOR THIS WORK SHALL BE INCLUDED IN THE CONTRACTORS BASE BID. CONSTRUCTION NOTES: INSTALL SILT FENCE - TO BE REMOVED AT THE END OF THE PROJECT. © INSTALL INLET PROTECTION - TO BE REMOVED AT THE END OF THE PROJECT. © INSTALL CONCRETE WASH OUT AREA - TO BE REMOVED & RESTORED AT THE END OF THE PROJECT. O INSTALL TURF REINFORCEMENT MAT (TRM TYPE 1 OR BETTER) ON 2:1 SLOPES O INSTALL STABILIZED CONSTRUCTION ENTRANCE. OSTOCK PILE LOCATION - TO BE REMOVED AND RESTORED AT THE END OF THE PROJECT O INSTALL COMPOST TUBE SOCK - TO BE REMOVED AT END OF PROJECT - INSTALL PER SUDAS 9040.102 OINSTALL EROSION STONE & ENGINEERING FABRIC, FOR PIPE OUTLET PER SUDAS 9040.110 OR 9040.111. • ,/ — f �,..• • • , srs(c) •S1S (. — — — — 0S(0)--•S(5(CI , •— r s ' • •-'sls(c4— — .— u(c1--� — sts(c)— r — ——S(s(cl •1. - 891 -891 •890 888 889 887 — - =— 885 = — I \ T GRAPHIC SCALE o 0 18' NO. REVISION BY DATE NO. REVISION BY DATE Clapsaddle-Garber Associates, Inc 5108 Nordic Dr. Cedar Falls, Iowa 50613 Ph 319-266-2058 www.cgaconsultanis.com DESIGNED: ---- DATE. ---- DRAWN: ---- DATE. ---- CHECKED: ---- DATE' ---- APPROVED: ---- DATE- ---- CVC BUILDING 1 EXPANSION WATERLOO, IOWA STORM WATER POLLUTION PREVENTION PLAN PROJECT NO. 58181 SHEET NO. C.310 Page 438 of 647 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 June 3, 2024 AGENDA ITEM TITLE Resolution approving a Development Agreement with C 10 Investments, LLC, for the construction of a 12-unit residential building on an infill lot located next to 150 Acadia Street, including a $60,000.00 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 C 10 Investments, LLC is planning to construct a 12 unit multiple family apartment building located next to 150 Acadia Street. The property is zoned "R-3" Multiple Family Residence District and the new building is a permitted use. Based on the lot size and the existing eight unit building that is there, density requirements have been reviewed and meet the requirements. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Infill housing incentive, which is paid from Nuisance Abatement Bonds. ALTERNATIVE ACTION LEGAL DESCRIPTION Lot 4 in Schoitz Addition, Waterloo, Black Hawk County, Iowa Page 439 of 647 ATTACHMENTS 1. Development Agreement 2. Site Plan and Building Plans Page 440 of 647 Preparer: Christopher S. Wendfand, 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 , 2024 by and between C 10 Investments, L.L.C. ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct a 12-unit apartment building and related improvements on property it owns in the City of Waterloo. B. City considers inflll 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. Property Preparation. Company is the owner of the Property. Company shall, at its own expense, undertake any and all actions necessary or advisable to prepare the Property for construction. 2. Improvements by Company. Company shall construct a single 12--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, 1 Page 441,of 647 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 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. 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 do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction within four (4) months after the date of this Agreement and must Substantially Complete construction of all Improvements within fourteen (14) months after the date of this Agreement (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. B. Events triggerinq termination. If Company does not Substantially Complete construction of the Improvements on the schedule stated above, subject to Unavoidable Decays, then City may terminate this Agreement as set forth in Section 12, 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, supply shortages, 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. 2 Page 442 of 647 4. Indemnity. 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 attach to the Property by virtue of Company's ownership of same. A "Lien" is any lien, claim, charge, security interest, mortgage or encumbrance on, against or affecting the Property. 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. 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. Incentives. To aid in the Project, City will provide the following incentives: A. lnfil[ Housing Grant. As provided in the City's infill housing policy, City will pay Company a grant of $5,000.00 for each apartment unit completed, for a total incentive of $60,000.00, within ninety (90) days after City has verified that the Improvements have been Substantially Completed. 7. 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 3 Page 443 of 647 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. 8. 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. 9. 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. 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 4 Page 444 of 647 any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 10. 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 Toss 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 employees, contractors or agents, or any other person who may be about any of 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 anyunlawful 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. 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 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. Reserved. 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; 5 Page 445 of 647 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. 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. 12. 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 6 Page 446 of 647 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. 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. 14. 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. 15. 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. 16. 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 4532 William Drive, Waterloo, Iowa 50701, Attention: Jeff Stickfort. 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, 7 Page 447 of 647 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. 17. 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. 18. 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. 19. 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 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. 20. 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. 21. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 22. 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. 23. 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. 24. Time of Essence. Time is of the essence of this Agreement. 8 Page 448 of 647 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 C 10 INVESTMENTS, L.L.C. By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Managing Member 9 Page 449 of 647 EXHIBIT "A" Description of Property Lot 4 in Schoitz Addition, City of Waterloo, Black Hawk County, Iowa, 1 Page 450 of 647 Site Re -Development Plan - Residential Housing Lot 4, Schoitz Addition Waterloo Iowa Site Address xxxx Acadia Street Waterloo, Iowa Site Requirements (R-3 Zoning) Building Setbacks: Front 30ft, Side loft, Rear 30 ft Off Street Parking: 2 StaIIS/Unit 40 Stalls Required, 54 Stalls Provided Site Notes • Trash Enclosure to be Chain Link Fence with Vertical Slat Screening. + Landscape plan will be submitted by others • All Open Space to be Grass • Water service line installation by directional boring under public street. OWNER/DEVELOPER: CIO Investments L.L.0 3759 Ranchero Road Cedar Falls, la 50613 Contact: Jeff Stickfort Ph: (319) 290-4357 20 40 Scale: I" = 40' PREPARED BY: Crawford Engineering & Surveying Inc. 118 3rd Avenue NE Independence, Iowa 50644 Contact: Brian M. Crawford Ph: (319) 334-7077 TYPICAL 6 IN. P.C.0 PAVEMENT SECTION NO SCALE e• RETELLRAL Kale OR e• IWB & 4UITTA FTR AGG Al1ERIATF Plans reviewed and approved by Pianni(lg and Zoning P61I Date me 10' Setback SW-501 Grate-938.0 FL=933.3 8" PCC PAVIN _. _.Property-LM&- T 30' setbac Install 175 LF 8—Plex Residential Housing FF-937.5 Garage (4—stare) FF-935.75 B" PCC PAVING 12—Ptex Residential Housing FF-937.5 Outlet Stntotune See Detail Sliest Detention Basin 931.0 4ST sw-501— Grate=934.80 FL-931.80 6" PCC PAVING Property Lin Garage (4—Stalls) =935. 6" PCCI PAVING L TRASH ENCLOSURE VICINITY MAP z 1' P.D P/ANHOE PA4K I AVE VARA 0 AVE -RAN _ES 5 DR EW BLVD— - FW'R0 6 MIRAIA 6 CAROMA UP.EKA 5T DR AVE E I:.LTCHELL Avz HOLM Sr 35 1V MITCIHELL AVE w U`1 LE Ci BOJRAND AVE 0 Jtt C0 NWALL AVE 1 A'DIOTH'AN BLVD e LY rZATl L'L OR TERRACE „ORGAN RD flNE 0 ACADIA ST *#� o Project RIDGEWAV AVE Location AVE ST LORETTA AVE '.V5NER OR LE AVE ENCOE 71':000 AY u rno on W RIDGEWAY AVE AVE LE 4 CATARACT z 0 WA :E L MONK SAYE 4 O4 Gttti I OWA ONE CALL. THE CO TRACTOR SHALL NOM IOTHA "'.--OC-`"'-- aIE CALL NO LESS THAN 4e HRS. IN El00/292--896 ADVANCE CF ANY MGM OR EXCAVATION. MERE PUEUC UTILITY FACTURES ARE WO* AS DOLMA) ON RE PlAt 9 OR FHOOUfFitED WEN THE OCHSTIi1C110N AREA. IT SHALL BE THE REBPONSELUTY OF 11E CCN1RA0TtR TO NOM*'Y THE MOM Cc THOSE WRITES P OR TO TIE BOOMS CF ANY C COIS1RJC1gN. THE CONTRACTOR SAIL AFFORD ACCESS TO THESE FACLITES FOR IECEBSARY M0011CATICH OF SEFAACEJL UIDERMOUMD FACILITIES. STRUCTURES AND MUTES HAYS MEN PUTTIED FROM AVALABLE SURVEYS AND RECORDS. MO THEREFORE THEIR LCCATIGHS MUST IN COHSDERED APPRCCOIA1E OILY. IT IS KINDLE THERE MAY BE OTIEMB` THE MIME aF INICH IS PREBQCILY NOT KNOWN OR 91011EI. IT IS THE CONTRACTORS RFS MASIBI 1TY TO TETEREME MDR D9S1DICE AND E)(ACT LOCATION AND TO AVOID DAMAGE 1TERE70. NO CUM FUR ADCn1CNAL COLPENSAIWN TAIL BE MJ,M D TO THE CONTRACTOR FOR ANY MERME NCE OR DELAY CAUSED BY SUCH WCPoC. ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH SUDAS STANDARD SPECIFICATIONS EXCEPT WHERE ALTERED OR AMENDED BY THIS PLAN. This certification covers all sheets. I HEREBY CERTIFY THAT THIS DOCUMENT 1L S PREPARED MD RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I A!'1 A DULY LICENSED PROFESSIONAL ENGINEER AND PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. LICENSE RENEWAL DATE: 12-31-2022 LICENSE No. 11572 t � . gideo / . f %444 3-25-2022 Lawrence G. Crawford PE & PLS DATE Sheet 1 of 4 Lot 4 Schoitz Addition Residential Housing Site Re —Development Plan —Waterloo, la DRAWN BMC CHECKED LGC PROJ NO 19303 CADD FILE C MVIFA10 E +"IILWlrNEENN& OWWEV81 118 3rd Ave NE Independence, Iowa 50644 Page 451 of 647 Property Line 30' sefbac Storm Manhole Rim=930.90 FL=926.7 CONTROL I INSTALL TEMPORARY CONSTRUCTION ENTRANCE 24' X 50' 8—Plex Residential Housing FF-937.5 8 son S 6" KC 44 Grate.. PAVING INLET PROTECTION F1-=93 (TYP. ALL) CONTROL3 PORTABLE RESTROOM MSDS 8 SPILL KIT LOCATION Property Line 0 >- V) z > w Storrn Intak RIm-931.25 FL-028.4 ONTROL 2 CONCRETE WASHOUT SEQUENCE OF EROSION CONTROL ACTIVITY ROUGH GRADING Prior to Start: Place silt fence. During Construction: Inspect alte weekly and following 0.25" or greater rain. Mointakl silt fence, replace or clean if required. Maintain perimeter vegetation, remove soil deposits as they accumulate. Remove soil tracked onto streets as required. Following Construction: inspect slte weekly and following 0.25" or greater rain. Maintain silt fence, replace or clean If required. Seed areas disturbed by grading activity Immediately if area will remain inactive for 14 or more days. STORM SEWER CONSTRUCTION Prior to Start: Check to make sure all silt fencing is in place and In good working order following rough grading. During Construction: Inspect site weekly and following 0.25" or greater rain. Maintain silt fence, replace or clean if required. Maintain perimeter vegetation, remove soil deposits as they accumulate. Remove soil tracked onto streets as required. Following Construction: Place silt fencing around all Intakes constructed. Inspect site weekly and following 0.25" or greater rain. Maintain silt fence, replace or clean if required. Seed areas disturbed by grading activity Immediately if area will remain Inactive for 14 or more days. Remove silt fence only after alto Is stabilized. PAVING CONSTRUCTION Prior to Start: Check to make sure all silt fencing is In place and in good working order following rough grading and utility construction. During Construction: Inspect site weekly and following 0.25" or greater rain. Maintain silt fence, replace or clean If required. Maintain perimeter vegetation, remove soil depoelts ae they accumulate. Remove soil tracked onto streets as required. Following Construction: Inspect site weakly and following 0.25" or greater rain. Maintain slit fence, replace or clean If required. Seed areas disturbed by grading activity immediately If area will remain inactive for 14 or more days. toe e4Pd\e# 441k44 BUILDING CONSTRUCTION Prior to Start: Check to make sure all silt fencing 1s in place and In good working order following rough grading and utility construction. During Construction: Inspect site weekly and following 0.25" or greater rain. Maintain alit fence, replace or clean If required. Maintain perimeter vegetation, remove soli deposits as they accumulate. Remove soil tracked onto streets as required. Following Construction: Inspect site weekly and following 0.25" or greater rain, Maintain slit fence, replace or clean if required. Seed areas disturbed by grading activity immediately if area will remain inactive for 14 or more days. FINAL GRADING Prior to Start: Check to make sure all silt fencing Is in place and In good working order following rough groding and utility construction. During Construction: inspect elle weekly and following 0.25" or greater rain. Maintain slit fence, replace or clean If required. Maintain perimeter vegetation, remove sot deposits as they accumulate. Remove Boll tracked onto streets as required. Following Construction: Inspect site weekly and following 0.25" or greater rain. Maintain silt fence, replace or clean if required. Seed areas disturbed by grading activity immediately If area will remain Inactive for 14 or more days. Sheet 2 of 4 Lot 4 Schoitz Addition Residential Housing Grading & Erosion Control Plan DRAWN BMC CHECKED DTC PROJ NO 19303 CADD FILE 11 EM MC 118 3rd Ave NE Independence, Iowa 50644 J Page 452 of 647 Lo.est Foorno 30133HSIIO5"QIO9 9anOs�l Form Grade Mal Diagonal Bor® Ityp.l Depth Casting® r1 I Y' min.® 4.2 6" min, • fOptional Construction Joint (typ.) Invert Baser' \ `462 Sbl Short Mai 4' Nal Height 8" min. SECTION A -A REe DFiCelG BAR LIST hark Size Location Shape Length Count Spacing 4v1 4 Pc•'ts Id height minus 4" 14 12" 4v2 4 Long Weis 3'-8" 4aries 12" 4v3 4 Short ears 2'-8" Varies t2" 4b4 4 Base 4'-2" 4 10" 4b2 4 Base 3'-2" 5 10" Location Stollen (Bock of Curb) Refer to SI-5l4 for boxout details. 0 Instal four E4 diagonal bars of al pipe °pertngs. ® Se-603 Type R urfess Type 0 is specified In the contract documents. O Casi-in-pleas base shOeri4 If base Is preco5t Integral with vols. the footprint of the base is not required t0 extend beyond the outer edge of the vals. © 12 inch minimum vol height obeys al pipes. Shari Pfau 2' 0,. PLAN II&XWDU PPE DIAUETERS Pipe Precast Cost-In-pkce Location structure Structure Short Mal 15" 18" Long Mal 24" 30" Long Mot 4' 0" WSUDAS �1.`dm nson t lio-to-l: FIORE 60ID.R1 STATAtaLO1DM1Al $W 501 4FET Id1 31i5.I0NSrtdde1 ref ecerce to SY 511. SINGLE GRATE INTAKE 1 L 30 L 1331i5 I L LZ'OZOV 32:1f1�J1� 1 0 6'x6' - w2x»2 (8ga.) Wre Mash TYPE PC -I CONCRETE COLLAR CONNECTION 6-flies 3' 6-x6" - w2nw2 (8ga(Wre Mesh TYPE PC-2 CONCRETE COLLAR CONNECTION Eng veering — Fahr. PIPE JOINT WRAPPING PIPE TO PIPE CONNECTION Overap labrc 12' el top of pipe_ Wall of Precast 1.lanhs'e or Intake SINCt,re 4' met. CC) CONCRETE COLLAR FOR PIPES 12' AND SMALLER Wal of Precast Lianho'e or Intake Structure CONCRETE COLLAR FOR PIPES GREATER TNAN 12' PIPE TO STRUCTURE CONNECTION 0 Lap ends of wire mesh a minimum of 6 incises °Concrete colter Is required when ennuksr space betn'een the outside of the pipe and the wad of the Stn,glre Is 2 inures or stealer. 0 Preside twn#4 hoop bars in obncrete collar. Lap bars a minimum of 6 inches_ ®Trowel concrete flush w lh lnsde wall of structure. W SUDAS IOWADOT 2 16',2 re RG1J0 4411111 (TAi9AOtOIDHAi SW211 5 cEl 101 ResF02.26 rvr w�°°�a= „<..,Qh.. re 4Ate2 tT.,.L .Cain w., S STORM SEWER PIPE CONNECTIONS Variable (20'-0' for a normal 10'-0" wide ditch.) Itilka --------------- Tlerfahe 20" min. II I8 Z JO L 333H5 I6 L L'OPO$ 3d!101i Post Spacing Post Spacing (5'-0"max.) T (5'-0' max.) 116:141:i81:1:71i67111: O 8 m TYPICAL SILT FENCE DITCH CHECK ATTACH' ENT TO POST Wire or Cable lies Qi Insert 12 inches of fabric a minimum of 6 inches deep (fabric may be folded below the ground line). 405,1 2 i102Ln SUDAS 9040.119 5•EE1 102 SUDAS Standard Specifications SILT FENCE TNFORNiY EROSCft CONTROL CONTROL fe 1 ..PCRARY INLET PI3OIECT1ON GEOTEXTILE FILTER AT STREET INLET WITH CURB BOX Sheet 3 of 4 Lot 4 Schoitz Addition Residential Housing Site Re —Development Plan —Waterloo, la DRAWN BMC CHECKED D TC PROJ NO 21308 CADD FILE C fit 7F030 EMOEN S MEMO, Me 118 3rd Ave NE Independence, Iowa 50844 Page 453 of 647 Sanitary Sewer Marn i 391 133HS I10Z'0104 3tlf19IAI Sanitary Serer Ma'n Trench Wall Tee or Wye Y/- F.' PPN--trik11.1111111111 alb/ ROW Line 22 5.10 Casa 1 Beddng Matenal 1B O SANITARY SEWER SERVICE STUB Location Post Cap or Pla 0 Place bedding and bad+fli material ea regUYed fOr Sewer mein Q Service Una Slope: 4 inch 2% lo 5% 8 inch and greater. 1% io 5% 10'to I2' h SUDAS GoIOWADOT SW201 FIW)S 401111I SfAffINIDlOADFLUI sr -eat +,r2 !.Amit Cal ud b4A SANITARY SEWER SERVICE STUB Yj Z 39 Z 133HSI IO2'010b 3NflsIjj Sanitary Setter Main San Lary Sewer Ma'n Stench Wall Service Lire Tee or Wye 22.5 to 45 ROW LY,e 117 ti 41 E:Or \ Bayport Bent IB rrin Location Post 10.10 121 Cap or P:ug Place bedding and bachtll material as required for sewer male. ID Service Urrn Slops. 4 Inch 2% So 5% 8 Inch and greater. 1%10 5% I If service riser s'ope Is steeper than 1.1, construct riser of entire service Die with Schedule 40 PVC (ASTM D 1785) or ductile bun(AWaVA C 151• Class 52). Use single length of p pa for rser, if pass b'a, Class1 Bcdd ng° Materar WSUDAS ®IOWADOT 15011 OHM SWUM SANITARY SEWER SERVICE STUB WITH RISER SW-201 SNEET2rr2 �3 as J a L Sin Q� 8 „a SANITARY SEWER SERVICE STUB SILT FENCE BOX TO PROTECT DROP INLETS USE *ERE INLET DRAWS ME ARFA W1H SLOPES AT 1:3 OR LESS 1E1WPCRARY ERmCN CCRIRCC TEMPORARY INLET PROTECTION POND OUTLET STRUCTURE (MODIFIED SW-501 INTAKE) 4.0' 0,, A 3. 0' 3.5' elev-930.0 Sheet 4 of 4 Lot 4 Schoitz Addition Residential Housing Site Re —Development Plan —Waterloo, la DRAWN BMC CHECKED D TC PROJ NO 21308 CADD FILE G MOB Ei' MERE a 3 UUVIV8FJ 118 3rd Ave NE Independence, Iowa 50644 Page 454 of 647 Site Address xxxx Acadia Street Waterloo, Iowa Site Requirements (R-3 Zoning) Building Setbacks: Front 30ft, Side 10ft, Rear 30 ft Off Street Parking: 2 StallS/Unit 40 Stalls Required, 54 Stalls Provided Site Notes • Trash Enclosure to be Chain Link Fence with Vertical Slat Screening. • Landscape plan will be submitted by others • All Open Space to be Grass • Water service line installation by directional boring under public street. OWNER/DEVELOPER: C 10 Investments L.L.0 3759 Ranchero Road Cedar Falls, In 50613 Contact: Jeff Stick fort Ph: (3I9) 290-4357 PREPARED BY: 0 -13/4 A e+, F. (4-14-5 10' Setback 0,?. aG� <11)% NORTH 20 40 Scale: Crawford Engineering & Surveying Inc. 118 3rd Avenue NE Independence, Iowa 50644 Contact: Brian M. Crawford Ph: (319) 334-7077 = 40' 5) TYPICAL 6 IN. P.C.0 PAVEMENT SECTION NO SCALE •' INTEGRAL CURS Ci r Cain k WTTTE FOR A-00. ALTERNATE SLOPE VARIES r:r��a'Tag .Sos.wa.l►iw III lid in-11-5,11 P.C.C. A!I"mole 4. GRANULAR SUBBASE a UPACTEA SUBGRAcE LIFESTYL Garage (6-Stalls) =937. Rim925.42e ACADIA STREET T/C FL=930 erty Line Water o Service SW-501 -, Grate=936.0 FL-933.3 8" PCC PAVING. 30' setboc,' < Existing Storm Sewer (Typ) Garage (4-Stalls) FF=935.75 6" PCC PAVING 12-Plex Residential Housing FF=937.5 Install 100 LF Modular Block Retaining Wall Outlet Structure See Detail Sheet 4 Install S• tory Se er il®� :i LIRAS ENCLO sn U O 00 ©� Q Storm Intake Rlm=931.25 FL=928.4 Detectable ,. la eli• =a► Downspou Discharge Garage (4-Stalls) FF=935.3 Downspout Discharge e' PCC PAVING Downspout Discharge Garage (6-Stalls) FF=938.5 Page 455 of 647 364• 15.4' 1Y4' 15'4' 154' r.r ra' T-16 6 64 / 12'4- I r-16• r4• SHEET LIST: t1ir I i ENTRY a COVERED PATIO . q z_a, 1 ' v ' i COVERED PATIO `.•..: _ 1 .'� i 6A'x4'-0'1x.0.6.51tr 6'4• x 4,44R0. 55d°F .:. I 6-0'x6'4'SE9e, ^ ` / 6'4'x64'd6"ier 1S4- 511 4'4 SR• lc 1 6.' 72 Yfi 154• 51T2" I4J6• BEDROOM #1 LIVING ROOM LIVING ROOM BEDROOM #1 5'.2" y 4t1•r' STOR. YL• I 5.7,1s" I 13' T434' 5Vx• 9112' ' Si7' i 5Ve- � r & CLOSET 51R" 5.9- 5-r / CLOSET V_ LE. 6. w' n ,... .... T. - i W ^ \ d'•71R• \ r4' i i'4' i 16•-11• k 59 Y.RNE§aa# -_-s■■17• 611<ti1RE5'Y -0•x6'•d•l 3� l� 9'-0'x6'4' 3641R' 1. 7A 1:4' 4 CLOSET r h 1ll2' I11'31Tr ' 3Vr CLOSET I�317• v n • 5111R� 6.13112" 3112' 541.•4' 51R" 4'41'4" KITCHEN IfIMP, 51R' 11 E TING AREA i k BAT -I i BEDROOM #2 EATING AREA 11 BEDROOM #2 I Y•1' 31R• �' Mill IY•x V2" }lr 3'4• 5•i' r 3'4 . 5-t' �"'"� 1Y•t iR'w 0, 1•-017•i\ 5-r� 17.11 VT - Mlfga 1 II31R' 712 5 ^ � • J1 11� - g■RUM -- i __..-.. •.. _; 4 ry- IA' yr [ I [ I [ I B'-0' x4'-0'� 0.O. SIIdr __�._� '.7 .., - � -- { __ — e i.. �..�..__ - _ - ",_ .Y CAM `r 12-1' 317•5-9' I ,T " yq• 3Pr 3 "" IY-r J BATH 12 X ,1L.. `` €_ I� I BATH • 34 � a BEDROOM #2 \ = BEDROOM #2 KITCHEN EATING AREA = F KITCHEN TING AREA I -----\-- -- ------ 54,2• 54112• 31R- /tl 3IR 5.111R- 5-6 VP I s12 6 i 3N ` • . iF + 51,2• a { r-0 CLOSET 6.71R' 1'a ! 1J'•11• 14-11' c rd' I x4• 6-rtr2• i 54' 4 ......_ .._.- p / ?2 m 9 1 t' / 3,7• 3,R T- 53 N:11IIE5 I CIEE 4EE E1 MIRES 3 312' 31e1" 1 3 ir2' m W - -- - 9., .... 54' �x11 \ — ^ / D CLOSET IN ^ CLOSET Yi \ / — _ ,_ s4' \ - 54 I� .1L I' w 4'-1Y 3'4- 51R' ,ry ^ 51R BEDROOM ! 31R #1 LIVING ROOM --� STOR Y ,� 11R' 1 Ilx" LIVING ROOM BEDROOM #1 14'S• 5l" r/ 15'4' SIR -.-,4'.41R• 1R' S4' 3 Y.,54'%5.6. F!2" 154' 51R' 55d f ,ter 6•q'x 6'4'5ed.. �.vaa4 h 1 H :.. ' .:. 6-0'%6'-0�ILO. S6d-r 64'x4'-0161.0.57der .., COVERED PATIO - "m COVERED PATIO :; m 1 1 i I I 67 "'" I I =5- i € i 1 1 1 1 I ENTRY a n 154' / 1 s I I 1 T4' T4' 1r Y 1' 54• trc•�S3 19.4. r-w T-15' r4• 154' 15 FIRST FLOOR PLAN 74'4- 1 Al FIRST FLOOR PLAN A2 SECOND FLOOR PLAN A3 THIRD FLOOR PLAN A4 ROOF PLAN A5 FOUNDATION PLAN A6 EXTERIOR ELEVATIONS A7 EXTERIOR ELEVATIONS A8 SECTIONS A9 NOTES Al PARTITION DETAILS r V o JJJJ1!l F1151..` C o .n o E 7 ii N ' C ? ro N 'o IIPIRIPIDIMINPIMISIMINIV 1 � A mminemenimmor 240014 OD F. lame. FR.G11E Slurll S12r % kiln o-.r,6r. � u,rcr.J xrtlr 63 1`1al K.,. FIRST FLOOR PLAN Al [o}Jz fl.'11er>+Nea1*3S..,A14 Scale: €14" W 1'•0" 6.1.: 4115124 Page 456 of 647 13 U 154' 154• 1TL` 1Sd' 15-4' ` Td' r4' mr r-50' 6,9' 6'-0• i T-10• T.15' r rd• I i30' 1r-0' 1 i ---1 < 6L'x4'a - RD.S6aer / 1 1 i L= I i 1 1 I I i I I i I I I j 1 I I 1 � � �� BEILit l i �_ _ — !® i =sCOVERED DECK _ NA , 3 , 6-0• x4'.0 R.0. Sid liN F ■MI •� �W E-0' x 4'441_0. 5G4ef I'MMUM MIN �� MIIIMI - • I 6-0"z 64.5[deI 174' - 4d 1R' S1,1 502• rd. x6•3'SW, 154• N Sire- 14,5' BEDROOM #1 LIVING ROOM LIVING ROOM BEDROOM #1 ? Y I I R sd' 6a' 1 f•15' ( 4,,s" , 3'2. 54' \ /\ ��i�rii r-0. 15SR 11 i�r1 /\ .r S-0' -0. S-0 CLOSET \ CLOSET ��� .... £ 6-I172- I Y4. 11,5' 1 14.11' YL'x6d' f I =yl 1'd' d' Ir 6'SIR'6' B CLOSET CLOSET 31n r1 I���s1n• " �j ril b al � sa I € �� �3n\ .-1! if lig III 7. sd �. S4' S•111R" lit Y-0 4 IY 4 • -�- 5- Y-IS' j7 I' i 5'•1££R SIR" Sd• s vz• KITCHENS KITCHEN '312' 1 EATING AREA E; '[Hsl: BEDROOM #2 h BEDROOM #2 12,1• 31R • ■li II Ira 1R' 94' ira iQ' I Ip.1' r 31R" 31R' -� •� ' 31R' ES romm - - s� 1,rj II��tt ._._ Fl�3i REFRF• 0.X14 Mill �wY1dEJ� J , MIMI 17-1' 5.1' . 5R• S.4' 312 11,1' S 112 El i�.. I :ATH BATH ¢¢5 • n .�.{.... a. — BEDROOM #2 q KITCHEN E BEDROOM #2 KITCHEN 1 EATING AREA 5-0 5-11IR• 31R' CEATING AREA- 1R" S-1S Vr- Sd' yR I 3'_l0•it 35"3,6 b i b Z 7 I ry Y a r N Y.10' v. !r1 S-0' \1 6'7112• MI14-51 16.11' V ME - cL-01 T--- CM / b ,, 11n• 'I 31R 3112" @RAYUES�,l .r 6-0x6$5 l iR' 3 V?' �I 31R' •- n CLOSET F CLOSET % s1a sr sv: / CLOSET 1CI f �I \' \/ I Y I� 511Y 31n BEDROOM #1 R LIVING ROOM Y LIVING ROOM Y 31R• 1R- BEDROOM #1 14'-3' 51R" 15'4- 51R-441R•-51 • 6'a' 5112" 154' 5 14'-5• 56'x540S1Ea • 9 4'4 x6 ._. ...o-r Er i•���■ _ ���� >v ■� 0 114-, 6"-0"x6'-6 R0.56dx ��� lf I —.-COVERED 6,0'x4,0 R0.56{x COVERED_ DECK._1 .■. m r i i 1 1 q i 1 { 3= Ira. - :�""■'. 74. x 4,3 ___..._ 12.0.5E-5r 1r-0' T-0' rd• r-10• T.16' 4-1' 6'-0• r-13' T'•5 • T-1.• T-5• 1S4' 554' 13-0" 15d• 15'4' 14'-0' \ } De a s 14 604 Clay St., Cedar Falls, lows 50613 E nR3 -^hr 240014 Ef:6G11 1f stncNtSs2,ot Lek 4Rf C.tt1a12, SJa 'aN SECOND FLOOR PLAN F)<k14721r A2 :fr .M R.W]fln7r7sgpH SECOND FLOOR PLAN Scale: 1/4" ry 11.0" ore 4115124 Page 457 of 647 14'-0• rd rd' 15'4• rds 1r'-0' c+r IS r-15• 66'x4•4 P.O. S€der / 12L• rd• ,�--<— I -1 I I j I IJ., I 4 5 I I _ 1 I I I I I■ Z. MIN iii — COVERED DECK--=.... I b COVERED DECK : 5'4' x 4'-0"1RO-SEd.r 6F' x 4'�9? R.O. SEdsr 11 - Imo. W I _ . ✓ice '5 y.. 1 C 1 ■1 S SGdgr s154' 14'•5" 54 x 5,5- r 4,41R' 5117' 6.3- 516' 1s-5 BEDROOM #1 LIVING ROOM T ur I' o - 99 LIVING ROOM BEDROOM #1 5d 1s 515 Y -- BALCONY 114E I 5-2• 54• E /` \ / \ M {� T-0' I11(■r • SLR' .� , , ,[1I • 54• �I 1 /\ / a: \ 2 ^ CLOSET 5,3C 5-r' ... S-2' S1R` / CLOSET 'bFNLNiiS m .,........._ \ ry _ — ...- _ / sd• 6'd ■■= ■■■ ■: �I b7 .S 3-0 x:d' -- 14,1r f 1'd' d• f 6•r IR• / CLOSET - C ., 4 H r .. ,... ...T- W \ 5.r 1R' I 2,5' 11,11• ■` I I W e�31/ t • �e 31R• `Y —, ^ CL CLOSET \ J ■r/ ;Y 31R' `111,6 31/7 31R' 34 !�++��l } _ .� y' C „ 11 I _.�, , la Fr �¢ \J \/ -rrWYa• a 5-3' 5.11 yx' E 1 I 4 g Y.16 irb, $'-11 1 5 ' Sd• - KITCHEN _ _ 31R' a o 51R' orri KITCHEN ; E TING AREA BEDROOM #2 } EATING AREA BEDROOM #2 . • ra• r�.1 i WYW J'-0• 5.1• 1r-3.1rz• a I MI 1r.1• x I 12,1• 35f2• 11 b 17.z Ires.i- - '11f2' 31R' •� 3.. � \ .._....._._ RE I !1/ 80 !wi REFRY% , • FLAN ' li F1W. - iiijii:j r ] Y - 17• i' � 5.1' 1Y21fa' 51fY011§Miiiii 312' I2-1' ' I• 1BEDROOM#2 BATI1BATH 3'_ BEDROVI 11EATINGAREA lIrI I3-0 C N 14 51R• b _ 'v 1 ZrjlII f. 3.5 3,10"c v 6-3 iR' i'd' I 1d'•51' � 11,11• 1'4• [ r$• 6.: 5-0 ? 1 F $ �q l� ���.�� 11R' 11R" �N]1R" � _..�_.= W N aC s � i T � / 31]' ! 3tn J1f2' 11 r � CLOSET 51f,2" IIs-r 5112- kik :LLCOTS:ETT i'4• fcceis MI.00NY ME S-13' S-z' 6d' � § 51R' BEDROOM 3la 1• #1 •R Y LIVING ROOM Y 1 � I-d - 1 x , OPEN TO i 11R' 1/2• LIVING ROOM BEDROOM #1 54.1' 311T 155' 51R ...e'.41/2'--..511 ' BELOW S'-3• 51R' 15'4' 1 15-5' 64'x6 1 —r=iiIi „ —----■, J-: 1- �IL I I 1 COVERED DECK • "1 FA' x4'-p#Ii0,51'ilef 5'-0'xb'-0IRO, S51s I 3 �ar+ COVERED DECK ■ I I 1 1 11 1 1 1 -ate-- I 5' I 4 I j I I I e IMPIIMONNI r4. rd' r•54' 5.4"x 4'.a'RO.SFd:f 61r 1'-45• r4' rd' 554- 17-0' 14 4' 111.11118111111111111111111111111111 U 'I w gi o n a a I1q 5 S:r 0240014 CRIJ 1.1111 L, 4 sa slszu e.e14 e3 xnrr Rrm S`+H tea-m TBIRO FLOOR PLAN E`ex345.0rr A3 THIRD FLOOR PLAN 5ca1e: 114" » 1'•0' Q.ry Vl R Mrs»'A'm�a>3 PN De, 4/15124 Page 458 of 647 NOTE: TRUSS TO BE SET DIRECTLY ABOVE PARTY WALL BETWEEN UNITS, TRUSS TO HAVE INFILL VERTICLES FOR DRAFTSTOPPING DUTCH GABLE - SEE ELEVATIONS 12 LINE OF ICE AND WATER SHIELD COVER OVERHANG AND 24" FROM EXTERIOR WALL TOWARD INTERIOR AND 24" ON EACH SIDE OF VALLEY RIDGE 12 I DUTCH GABLE - SEE ELEVATIONS CC JC N 0 6 DUTCH GABLE - SEE ELEVATIONS SHED ROOF 12 fI 4 DUTCH GABLE - SEE ELEVATIONS mosionnalmomoomm 2 sumensimmessimm max. 24{444 CAD L ksw f::2,2:11AYs1-2,tsuhFx 012114 2/112 5,2o1Anna IRDOF PLAN1 Ek:i 4`.,'e1 A4 ROOF PLAN Scale: 114" » 1'•9" Date: 4115124 Page 459 of 647 T4'4' 15'4' 155' 555' 574' x x--r - - - .: i , I2-0- %; IY-0' 5' MIDE CONCRETE FOUNOA79044 WALL 5' x 24' SPREAD FOCIING- • 24' x EO' MR F00TISO - i ' l q 1 -j ----6 /y( 24' x EV' PICA F00F25GJ x 24" SPREAD EWING a 6'M10E CONCRETE FOUNDATION WALL 6' 24 SPREAD FOOTING-y e 4 RG ��5124'1£R' /51R' 6]51R. 6'x26'SPREAD F00 G� fTT6'%24"SPREAPFOO %I - I 14'-1E11/2' / 45A' / 1 11'-1 C 65.4• 7. 14'•1912' '" 5112' ' 4V2" 5I2', 51R- , _..w LL _. / ' \ T -'-'-'-'-'-'4-#--� 4' COWL RUE SLAB 111 10 kn. VAPOR BARRIER DYER 4'COYPACTE0 GR1BLRARf6LL 4' CONCRETE 5L4E1 WI illWEL. VAPOR BARKER MS 'f k L —I 11' x]5' x 12' CONCRETE T - -�- -id 'f u 6' x 24-SPREAD F00TING )i `� `”-.a.9" x 12" CONCRETE FQOl1411111T11 2 G4 EARS I/ EACH WAY - -. t-'- d x24 SPREAD FOOTING V x 24. SPREAD 10071%G 4- FOOTING MTTH{2}1F4 BARS EACH WAY " 5N6IN FOR].,, LITVKE$AS C ..E 55051N FOR fiiL0025 AS . 4.5' REWIRED S• REIXi2EO .:.. ill1G-T ...... • .... .. . 5'x24-SPREADF001V:G ....' _„--. E' x 24'SPREAO FOOTING -: ' ' / /I//A//HH/ ////// ////HH/// /7///////////////////%%/I l !////// /////////////////// 1 I G� ^� :'- 15'-r 1Y-T' I 4 - MI"SB'•i- x I_J 4• 5 N2', 61R P ) / .-i..-t 5E145 IN FOR FYCIiMt5S A5 RECRAREO . �. .'1. . _s ,, �C ,. STDBIN FOR FL[TPRES AS REQUIRED Y :b' X 37' x 12" CONCRETE F0011NG 1WTI112) k4 BARS - - $'x24"SPRFAP FOOTING 6'x 24' 5 1 35' x 30' x 12' CONCRETE FOG17N4MiTH 121F4 DAM' .' �_ EACHWAY -. ;�.-.-.-.-.-.�.-M-.-F- 174124- �_..L.... ♦.... :.... L 6 'x24-SPREAD _,....1 4"CO.N'CRETE SLABWI 1064_ VAPOR 2ARRIER VEER 4' COIPAC I E0GRA%VLAR Kt FOOTING �.} % 4' 5 PREAD FOOTING CONCRETE $LA4W] SO KU VAPOR94RRi2R L_.J ., ��W-EACH WAY LLJ 1241'4' i L. OPER 4'COSPAGIEOGIIA\VIARFELL _ _-- -„� ..-.J I— ' 1 27„ L i,i 52• 9- 52' V l 14,10' 512" 154' SiJP2' I1'-P14 • 15-5' S 1' ., 5533 IR' Y. — 1 � Fr ' G / 4.412• I 4'.3' , ; / ` i I_6' x 24' SPREAD FOOTLNG12 51R• 6• x 24' SPREAD F0011NG i• / 1' F. � :.:....::.�:.. , ::. k \ L ^� k 6' x 24' SPRExn FOOTNO 6' MOE CONCRETE FOL,NOA WALL ro 24' x E1' PIER FOOTING : 6'x24"SPREM. FOOTLNG m 24' x 45' PIER FOOTING L Jr 6'x24 SPREAD FOOTING 4'1175E CONCRETE FODNDATEAWALL N 154' 1Y-0' 154' 154' T4,0- 40 R. Wayne Williamson, Architect .'N1cdpllon orRMsloa 04 Clay St, Cedar Falls, Iowa 50613 319-939.3646 MINEEM F%xf 2.�r 0240014 CFDEe R&^.9 fears 6, Etx1 4BT Rrl'rT RO'D FOUNDATION PLAN Mtn A5 FOUNDATION PLAN SORIE: 1I4" = 1'•0' Fr-TrP�•1 FC n'al'>M cx-s:+. P1i 0.'.: 4/15124 Page 460 of 647 SUBFIA 1174' TS wsuea 117ra• TJi tt■■■■■„■■s■,a■■■■■■■r■■■■■■r■■■■■ .. ■ ■ NIN o■ o■ ■oruoouu�■r� ■u■u 12 ■i i •�■�i��rr��iii���iiiiiiEN iiiiiiiii�ii� ■,,, 2 ■■,■■E■EE■■■■E■E■E■■E■■■■■■■■■■■■■E■rE■r■■■■■■■■■EE■■EEE■E■■■■■■■■■■TEE■■■■■■■■■■■■■■■■■■■■■■■■■,E■■,■■■ APROZIECOMIEDIMENEXMEMPECOPEW am■■■■■E■■E■■r■EEEE■EE■■■E■rr■■■■rEEE■■■■■■■E■■■■■■■■■■.I...■■■■■■■■■■■■■■■■■■r■■■■■■■■■■r■■■■■■,■■■r,■,■>r��� —■.■■■■■■E■■■■E■■■■EEEE■E■E■■■■■■■■■■■■■■■■■E■■■■■.s�.�l;■■■■:� s■■s■,r■■■■■■r■,■,■■■■,■,■,r,■,■,■r■r,■■■■ ' W an at¢ r,' , I•■ruuuqL ======= ml b==: ==:_I ;I I■i•I =1••-I_==11IIIIIIIIIIII=�=..II: iIIIII1UIIIII[.' I.. _____ OOR SYSTEM �\ '7.] ,c, , e 1; II I _ i� 12 1I _ I mmmm OOR SYSTEM �'\ .I.Ir. �' _ ■...� r m 3 nO — - — S _i I ICI — — _ _ i a A— a a _ II{ 1Z-0• I t5-1' IT$• t lS$• OW WeIZ-0• — 1 A6 FRONT ELEVATION (WEST) Scale: 114" = 1' 0" ftwb IBUR ■ ■ ■Eu■000■uE■■rrrrw ■ ■■ 1 1 III ■EEiEE■!•■<EEllli■■■<!■�■, TINIA �E■■ll■u■■ I 1F ■ T �Ew 12 1e rrrr■ErEE■,i�i KienaK M111i1ir■■■■ •■ �___ R� mri■iiii■ii■i■iim■iimii■i'tii■m■i�■ii�i■ia■a■aiRlt_JLJu____r■sii_ WAIN al 1 �J � ruii�{: ■y■�,r�■r�■NECRECOMENEW ruo r■ WJYiIYiIWPIV a..t■■■E■E■■E■EE■■■■■■■■,E■■■■■E■■■■■■■■■■■E■E■■■■■■E■■■■Pi-2-..---nrE■E■■■■■E■■■■■■■■■■■■■■EE■■E■■■■r■■■■■■■■■■■-_ i■■■r■■■■■■■■■■■u E■■r■■E■E■EE■■EE■EE■EEr■■■■E■P' '. `MMOMM0■■■■■■■■■E,■■,E■E■EEEE■E■■EE■E■r■■■■■■■u■7 .u■E■EEr■■E■■■EE■E■■■■E■■E■■■E■■■■■E■EEEEE■■rE'.lrrr r■■■■■■■■■■r■■■■■■■■■■■■■E■■■■EEE■■E■EEE► ■r■■E■E■E■■EO' UE■E■EEI �sss■sr 3I.5e5ROOR \i 11 M. TA FLOOR SYSTEM 77\ • 3 ffi g 11 TR• T.11 FLOOR SYSTEM CT\ S REAR ELEVATION (EAST) Sohn 114' El DI 1V-5. Trr • ,r a ad 15,11. I 1S4• 111111111 FreTRerx 0240014 CAD F0. None IWZMMENI ELEVAT1ON61 2.44 #Lmr A6 O1s: 4/15124 Page 461 of 647 ra�Yr� 2 4■E�■=■■E=E1■E�Y�.■_■ 12 i E Ei i i i■ i� r E�■f i E■ i� r tat �ei E■EE■■E■ii■E■YEEEEiE■■EEElilr._ _dammom■■■E■■■EE■■■■Ei■f■■1■E■■EP.EE lY■ EEi�i■i.■.r�irirrr■rr E■E■■■�■.mm ■■■■a rf■1r■r■■.E�.ii.�■�■■Ei�marr-_ .■ iiiiiYiiii'i"■■E■■■■O■■■■■■■�1 i�Y ��inip mormumirMlMMMMmm imnsI. o■ .�1 ii ;m .s mm O : E :�: OO ■E MEMMm�Eli■E[Ei �iMM � •� faMM f� .„.. �� MM ■■E■aia■1■1■■a■■■la■■■■aEaii■ a�■■�a■■■■i■E■a■■■iaf■■■a■■E■a■a■i■■■aiafa■i■■ Iu■Eii IL ■■iEE■■■■■E■EE■■1E■■■■■E■■■■■E■■■■a■■■E■■E■■■EE■■ OSSMO■MOmm�mi■�Mllr■■■1���■.�II .... ..■ ■■■Eiu■■■a■E■iilE■i�Ei■■i■■■i■■■���n■■ ■■ ■■■a■■Eu■■ui■' ■ii�i■■■a■� ■■� nil rl ■ 1■■■Ei' ispze llrrfl E•r;■E �E ::�■ ■••••�::■ EM[••[•E� vE ■ Ia�■ ■ • i• e ■��i■ omm• ■••• �■ -11:1 " i ■ i E■■ ■• �lE MEE ifR•G` ■ ■ ■ es ■E■■a■a■■■■aa■El■■ ■■.■ ■ ■1 �.1+= .rwwwAY �riiii�ii■PIM L �Eii,.i.a..a.a......a.aii■iisii ioai iiiIMMLiiiii�i�1117 r r■1■■ ■ ■i■ 22222222 • riir••■•r••■•r■iOM EELS ri ■■■■a■■■■■■■■■ mMEROOMMMEMOMEMMEMMOR ISMOMMEMOROMMOMMEMME . eau■ ■■E■Bai■1 111= .r..r...r,rr ::iz:t z u HUH e- 0111111 ====== MMMIMMIIMMMMMD �.rrrr..r uuuuurrrrlrrr.e ra• :: i:11 I1: : __I' ___{l 1� EmEmm air w SIDE ELEVATION ELEVATION (SOUTH} Scale: 114' = AE2 2i.I41f' JABS _12 ■ ■■■■E■■■■■a■� ■■E 1 t r1■.■.■■i�■■■a■■■lE■a■■ ■■■■�■■■ ■ .E ■ ��■� . ■. ■■EE ■EMEM ■ OFIC ■Y■ ii i�rrriii. 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OM ag i a■■■■■■■■■■1■■■■■■■1■i■...... rYY■■Y■■ Ef iiiY.iiiiiiiiiiiiiariiiii ,■!■ffli ■ w„e.wwwr..ww.wwarwrrrt.rrrrrrrrrrrrrrarrrrrrrr I� z SIDE ELEVATION (NORTH) Scale:114" m 1'A" mmommommomm 8aLL2 2�} aQ FwU0w° o �J} W6 w 3. m � U-?rasaw .Eo 8} au¢Rn ce n d r r d `G' 1D MMEMEMENNIMINK i E N dd e n Q ro O » E o w V G 11S N . A ReaSeir:;er 0240014 E::6t+,i t�,FSFY£�, S,3ttEl M1r1er LFecIH Br FA Frf S`ee1 'n ELEYATI072SI A7 me.: 4115124 Page 462 of 647 47 0S8 PRAHT STOP PNEUYATXALLY PLACED M1SULAT104 (R4911E0 2 LAYERS OF Sr TYPE X GIP, BOARD(1 HOUR) CORIPAG10i50PTI0R- 1 LAYER 3.4' ULTRACODE CUT 2 X 1010P PLATE AT ATTIC 00033.E TOP PLATE Sb- TYPE': CYPSUW B0110 2 X 45TUDS@ 1a11O.C. HITH SOUND OEA➢Eh09G EMULATION 1N'O LAYERS OF 112' W.:FRAL FIBER BOARD F10010EENG ASSEMBLY: IYIA53 ONE HOUR FIRE RESISIA4CERA1E0 CEIJVG ASSEI1LY-110BMA 04 SHEEIAIO SS' TYPE'A• GYPSUM:00MP 2 X 4 MO O.G WITH SOUND DEADENING SYULATION IWO LAYERS OF 112' MINERAL FIBER BOARD Fi00.2CEA0NG ASSEMBLY: 0111.3 ONE HOUR FIRE RESTSTA'2E.R1TE0 CEIOf.45 ASSE453LY • SEE ➢ETA11. OY SHEETA10 Si' TYPE •: GYPSUW BOARD 2 X 4STUDS ( 16' 0.C. HTIN 6001U OF/ ENTNG INSULATION TAU LAYERS OF 1R' 510ERAL FHER BOARD ROOF TRUSSES. ONE TRUSS 10 BE SET C1.9ECTLY ABOVE PARTY HALL FEWER; 0M1S, TRU5410 HAYE IN FILL 5000CLES FORORAFISTOPPL,G. OTHER SPACINO O ENGC,EERIHG BY TRUSS MAYUPAGTURER 1' AMR GAP 2 X4 STUDS ,015'O.C. HTTH SVUN➢➢EADFOONG MUTATION 513 TIPE'X' GYPSUM BOARD --- 2 X 4 SOLE PLATE $4' TIG FLOOR sHEAIICG 1110 T.RS 12'RESd1EN1 CHANNELS $a' TYpE x GYPSUM BOARD ( 1 HOUR) DBMS TOP PLATE 1'ATR GAP 2X 45TU0Sa 16" O.C.WIl33 SOUND CEADEE2NG D:51RAIMLW 52 TYPEGYPSUM BOARD 2 X 4 SOLE PLATE 314' TOG FLOOR SHEAIHG 11118'TRS 12' RESS2EHT CHA91,•El5 51' TYPE X GYPSUM BOAR° 5 1 HOUR) ➢05'OLE TOP PLATE 1' AIR GAP 2X 4 STUDS*, 16' O.C, M1134 SOUND 0EA➢OINO TR3LiLATION 51-TYPE 170115.01 BOARD 2 X 450LE PLATE 11'� 90 15 TREADS *11' m131A' FROM FACE OF RISER TOFACEOF FUSER i 15 TREADS *11' =13.5- 4 50 9 JE- X 474 6 RISERS 6E FIBERGLASS SHP.GLES OVER VA, 415 FELT ROOFING CONTRACTOR TO 3$1S10.1115E 3 WRIER MELD FROM FASCIA T92•-0-1.41551E E:1TEP.pq 1YALL $E' COIL PLYA➢00 TOG e.SUTA089 BAFFLES P D REOU0E0 C04RM10USA1UYi4UM O R9 EDGE �1y TTRUS56FARL4G _ T EiEYA00N }TT-0 Sb' CONRNUOUS FASCIA BOARD CONR4U0U5 YFN1E05OFFR TIGR9 FLOOR ELEYARON 115.9 U2' TP'PIATF ELEYAooN 11i 2hS- Y 5EC0.'9F100R T Ei EYAIpN 10y.13'3' 6 f;OP PLA ELEYANONTE )051•I ELTERIORSIO9G CO.VILA90U5 HEATIi50 BARR5R EQUAL TOTIYE( EOYRERCU.LWRAP 1.2'OSO SHEA11119G-- S1AR?ERSIRIP Fl.R5TFL00R _ ELEYATANi1 159 1000F FOOTING 1' ELEVATION S6'-0' ;' 00F 1R055ES, &FACING O MO.EER25'0 BY TRUSS NA.\9FACIBRER PKEUVATXALLY PLACED LSSUTATON (R44 MMX) 2 LAYERS OF SS' TYPE X GYP. POARO )1 HD12R) COHTPAcfoRS 0PTh3N -1 LAYER 33- 51.7RACODE ROOF TRU55 BOLD DDAN CUPS SUPPUEO O T5STALLEO BY TRUSS LONTR4CTOR DOUBLE TOP PLATE EGRESSHINOOPM WTTH MA0C'L: OF 5,T &WARE FEET OF 11NO2SIRUCTED OPEw.YG. M28700 00 .24' OF CLEAR HEIGHT A40999 RU14OF20- 'OF CLEAR Mont It WIRED GLA55 AS 00002ED. 1T GYPSUM BOAR➢ 2'X6'AMUOS(146'0.5.41THI $1)00 EA11 Pi SIRATON OR SPRAY FOAM L45115A11014 FOR MIL OF R11 :4' TAO FLOOR SHEA734G LP RIM EOARD SPRAY FOAM INSUL (R20 YJN) +-11 TJ8' TRS-�- f v2' RESOLE/4TCVANNELS 51' TYPE X GYP, BOARD (1 HOUR) DOUBLE TOP PLATE EGRESS %ING0-W WITH 141.2€0Y OF 6.T SQl1ARE FEET OF 0405STRUCIEO 07EFORG.M.2AN0M OF 24' OF CLEAR9(10(1 AND M9VYU14 OF 20' OF CLEAR1VIDTH. TEMPERED GLASS AS REOIER20. 1T GYPSUM BOARD 275' STUDS ®16" 0.C.0iH1 51/2' BATT INSULATION OR SPRAY FOAM H1111&1IOY FOR 6YY. OF R.21 34- lac FL00R5HEATL9G LP RIM BOARD SPRAY FOAM LYSUL (R20 1010 121RESBIER1'0100'\EL5 Sb' TYPE X GYP. BOARD ( 13GCUR) DOUBLE TOP RATE GROIS40 FLOOR EGRESS WINDOW 41T1'8 YAMPA OF 5 SQUARE FEET OF UNOBSTRUCTED 000040. Y2,1411$1 OF 24' OF CLEAR HEIGHT AND ICNTHUM OF 20' OF CLEAR OIO141 TEMPERED GLASS A5 REGULTE0, 1T GYPSUM SCARE) YXS" STUDS § 16' O.C.111111 5112' BATT M1YULATON 04 SPRAYFOAM PISULATON FORaiH.OF R-21 2'x5' PRESSURE TREATED 51EL PLATE SET ON SILL �41�S EA4ER ARUM IR'PIA X 10'SS0LTQ 45' O.C. / rFF41SN Fl00Ritio 4' CONCRETE FLOOR SLAB WI Ex5. H2.141Y21 H11F 1D WI_ VAPOR RARXIER 4' MIN. COYPAC TEO GRAMMAR FILL 3-44 BARS WORSE) 24 BARS (1AO- (VERT. b'000540TE FOUNDATION WALL - 2' CONT. RIGID FOVA➢ATIO0 NSDLATIOY C4110001S 24 ;AIDE X 5" H:GII FOOIRG Mix 2-04 BAH Ts:44T.) TYPICAL EXTERIOR WALL SECTION rnsan, Archite QI 66. 2 0 ll� '4] U 0240614 TP.DFa,HM., et, Br RmY Rn-O � m-v SECT)ONS & DETAILS A8 PARTY WALL SECTION 5ca4e: 354" =1'-0" V- STAIR SECTION TROM FACE OF 15$ ER 10 FACE OF RISER SCAB: 314" - 1%0' Scale: 112" =1%0" 0ASA 4115124 Page 463 of 647 General Notes 1. Contractor to verity 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 she and Inform themselves fully as Wall existing conditions and limitations affecting the work and their proposal therefore. 3. Project shall meet all toes! codes, 2021 IRE, 2021 IFC, 2021 IECC, 2021 IBC, 2021 UPC and the 2020 NEC, and all amendments to codes adopted by authority having jurisdiction. 4. Permits shall be obtained from local governing authority rot 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. 6. 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. Ali 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, eta, prior to commencement of the work. 12. The contractor shall provide proof Mists 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 manutactured'engineered wood products shall comply with all governing codes, the Product Use Manual of Western Woad 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 asgreded by YCLI6 or WWPA. Solo and top plates shall be Southern Pine Fir#2 as graded by NLGA. 3. Ali nailing/fastening shall conform to IBC table 2304.6.1 fastening schedule. 4. Exterior Headers: Under 6'•90 ..(2# 2x10s with Flat Won Bottom Between 6'•0" • 8'•0"....._.t2) 2x12s with Solid Plywood Flitch UttO. Over 8'•0" Consult EngineerfArchilect If point load eccures over header consult engineedarchilecL 5. interior Headers: Non€oad Bearing Walls Non -bearing 2x4 Interior Bearing walls ......._...._Same as Exterior WYalis 6. No Bridging atfloor hoses, truss manufacturer to design trusses to allow for use of entire space between trusses for mechanical ductwork. Solid blocking shall be used where reguird by governing codes. 7. Entry Sloops: Use 3,4" plywood with 2x6 bracing to foundation Ues, or metal form deck to form stoop slab. Deck or plywood to span from ceterot foundation wall to tenter of foundation wall. 8. Stairs: 1r2" thick risers, min 3'4" thick heads with 112' overhang hold 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![ubopenings shag be verified with exact fixture rough.in dimensions once future 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 stale of Iowa. Gable end trusses or those that form draft slop barriers shall have additional vertical members for sheathing attachment. 1t. Exterior Wall Sheathing: 112" Plywood or OSB to be used throughout IMO. Sheathing is also required on the outside of all waits that adjoin enclosed unhealed 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 verity required chases sizes needed with mechanical and plumbing contractors and shall provide dear 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 9186 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. Trusses I. All wood root and floor trusses shall be fabricated and property stamped with identification by a truss fabricator approved by localgoverning 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 Associallon,Timber Construction Standards and design specifications for Light Metal Pale 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 tomber construction. 4. Truss connector plates shalt be manufactured from only prime commercial quality galvanized sheet steel of no loss than 20 gauge thickness which has a minimum yield of 33,000 P51 per Truss Prate 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. 5. Fabricated trusses and subassemblies shall be handled with care so that they are nol subject 10 damage. If the busses are to be slockpikd or sorted prior to erection, they shall be setln 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 rigidify of the root system shall be in accordance with architectural plans. 8. Proper erection bracing shall be Installed to hold the trusses true and plumb and in sale condition until permanent truss bracing and briefing can be solidly nailed In place to form a structuraly sound roof framing system. All erection and permanat bracing shall be installed and all components permantly fastened before application of any toads. 9. Field erection of trusses, including items such as proper handling, safely precautions, temporary bracing toprevent tooling or dominoing of trusses during traction, any other safeguards or procedures consistent with good workmanship and good building practices shall be the resposlbllity 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 anyone buss and'or other components Is notexeeeded. 11. Provide permanent and temporary bddingrbraoing as follows: A. Provide continuous lateral biding to maintain spacing in plane of fop chord, bottom chord, and web members. B. Provode diagonal bracing In plane of lop 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 buss 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. BeldgIng'bracing material shall be 2x4 or 2x6 wood, comply with truss manufacturers recommendations for the exact locations, quantities and sizes, and per engineer€rig specifications. 13. Handling, Ins1n1sing and bracing of wood trusses shall be as recommended by the Truss Plate Insilute's currectpublications. Thermal & Moisture Protection 1. Thermal building insulation at assemblies to exterior or unhealed spaces meeting the requirements of governing codes and UNO, the following minimum requirements. 2. Foundation Walls: Basement Walls - R-€5 continuous Insulated sheathing on the Interior or exterior of the home or R-19terrify Insulation al the Interior of the basement wall. Crawl Space Walls • R•10 continuous insulated sheathing on the inferior or exterior (Alba home or R-13 cavity insulation at the Inferior of the basement wall. 3. Exterior Frame Walls: R-f 3 cavity insulation plus R.5lnsulated sheathing. If structural sheathing covers 25 parent or less of the exterior, insulating sheathing is not required where structural sheathing Is used. If structure! sheathing covers more than 25 percent of exteflror, structural sheathing shall be supplemented with Insulated sheathing of etfeast R.2. 4. Attics: Blowmin fiberglass R.49 Mlnmum. 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. NI iron sheet metal Clashing shall ba hot.dipped galvanized complying with ASTM A93, 6. Gutter and downspout shall be determined by the General Contractor and approved by the owner seas to provide positive roof and site drainage. At each downspout exiling on grade, contractor shall provide and install a splash block of sufficient she 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 and Windows I. 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 life tempered Insulated low-e glass In vinyl frame and as selected by owner.Seo drawings for sizes. 5. Interior Doors - Flush panel wood doors or as selected by owner. See drawings for sizes. 6. Windows• Insulated LowE glass in vinyl frame, tempered where required. Units shelf 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 lodes. 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 Gypsums "Gypsum Construction Handbook', ASTM C36 • Gypsum Dourd,ASTM C640 and GA.256 Finishes ASTM C 1047 • Trim Accessories ASTM C 475. Joint Treatment Material ASTM C 665- Sound Attenuating Batt insulation (Unlaced) Employ only tradesman experienced In fabrication and installation of this section. 3. Materials: Gypsum Wall Board: 518" thick Type 'X' at all garage walls, all ceilings (2 layers against attic), exterior walls. ir2" thick panels al all interior wails, moisture resistant at rooms with tub or shower. Galvanized or -aluminum -coated steel sheetcornerbead al outside comers Joint Tape Joint Compound 4. Finishing: Provide level 4 finish: Embed tape and apply seperate first, lift and finish coals of joint compound to tape, fateners, and trim flanges. All joint compound shall be smooth and fret of tool marks. Provide orange peel spray texture to areas of painted gypsum wall board. Sprinkler 1. All sprinkler work for this project shad be designlbulld in nature and the eesponsiblity of the installing contractor to provide complete working systems which compliment the Intent of the project design as shown. Comply with current stale and local codes, provide drawings to the fire marshal) 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 plumbing] 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. 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 deslgnibuild in nature and the responsiblity attic installing contractor to provide complete working systems which compliment the intent of the project design as shown.25.0, Comply with IRC 2021 - Mechanical Sections, ASHRAE and SIIACNA recommendations. Electrical 1. Information and layouts shown on drawings are schematic in design, and shall be reviewed by electrical contractor and suppliers. 2. All electrical) work for this project shall be designtbuild in nature and the responsiblity of the instating contractor to provide complete working systems which comp/intent the intent of the project design as shown. Comply with IRC 2021 - Electrical Sections, local codes, and latest NEC. Minimum Structural Design Loads 1. 000190 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 €0 PSF Bottom Chord Dead Load-, 10 PSF Floor: Floor, deck, Jolsls,celling, mire 12 PSF (plus partitions) 3. Wind Loading Per IRC 2021 Regolremenls (107 MPH, 3 second gust, Exposure C, importance Factor 1.0) 4. Frost Depth Per IRC 2021 Requirements (42 inches) 5. Increase design loads if required by governing codes or authority having jurisdiction, m V d i as 7n. tt1 fZ' 1 0240014 ua MP !MVP. S1Nirx _414ar awn e'.,Hxax NOTES awn A9 t<q,'0) fitcapmrt:a-v,♦Ala D,:,: 4115124 Page 464 of 647 UL DESIGN NO. U305 FIRE RATING: 1 HOUR STC: 33 SYSTEM THICKNESS: 4 3/4" 1'-4" 1'-4" 1' 4" [406 mm] [406 mm] [406 mm] Wx. - x ' ),..( `(YVANry I ASSEMBLY OPTIONS: GYPSUM BOARD: WOOD STUDS: GYPSUM BOARD: ONE LAYER 5/8" THICK GYPSUM BOARD (UL TYPE ULIXThI) 2X4 WOOD STUDS, 16" O.C. WITH 3-1/2" KNAUF EcoBatt® INSULATION OPTIONAL ONE LAYER 5/8" THICK GYPSUM BOARD (UL TYPE ULIXTh1) TYPICAL INTERIOR PARTITION FIRE RATING: 0 HOUR STC: 33 SYSTEM THICKNESS: 4 3/4" E 1' - 4m 1' - 4" 1'-4" ASSEMBLY OPTIONS: GYPSUM BOARD: WOOD STUDS: GYPSUM BOARD: [406 mm] [406 min] [406 mm] ONE LAYER 1/2" THICK GYPSUM BOARD 2X4 WOOD STUDS, 16" O.C. WITH 3.1/2" KNAUF EcoBatt INSULATION OPTIONAL ONE LAYER 112" THICK GYPSUM BOARD WIJ-1 .3 FIRE•RESISTANCE•RATED WOOD -FRAME WALL AND FLOOR/CEILING ASSEMBLIES 23 WI1-1.3 One•Horlr Fire•Resistance-Rated Coiling Assembly Floor•/Ceillrig -100% Design Load -1 Hour Hating-AS7M E 119/ NFPA 251 1. Floor Topping (optional, not shown): Gypsum concrete, lightweight or normal concrete topping. 2. Floor Sheathing: Minimum 23/32-inch-thick tongue -and -groove wood sheathing (Exposure 1). Installed per code requirements. 3. Insulation: Minimum 2-inch-thick mineral wool batt insulation— 3.5 pcf (nominal), supported by setting strip edges, friction -fitted between the sides of the I joist flanges. 4. Structural Members: Wood (joists spaced a maximum of 24 inches on center. See ASTM D 5055 for qualifica- tion requirements. Additional requirements are as follows: Minimum I joist flange depth: I-5(16 inches Minimum 1-joist flange area: 2.25 inches' Minimum 1-joist web thickness: 3/8 inch Minimum 1-joist depth: 9-1/4 inches 5. Setting Strips: Minimum 1x4 (nominal) wood setting strips attached with 1-1/2-inch-long drywall screws at 24 inches on center along the bottom flange of 1-joist creating a ledge to support insulation. 6. Resilient Channels: Minimum 0.019-inch-thick galvanized steel resilient channels, attached perpendicular to I - joists using 1-7/8-inch-long drywall screws. Resilient channels spaced 16 inches on center and doubled at each wallboard end joint extending to the next joist. 7. Gypsum Wallboard: Minimum 5/8-inch-thick Type C gypsum wallboard installed with long dimension perpen- dicular to resilient channels and fastened to each channel with minimum 1-1I8-inch-long Type S drywall screws. Fasteners spaced 7 inches on center and 3/4 inches from panel edges and ends. End joints of wallboard staggered. 7. Finish System (not shown): Face layer joints covered with tape and coated with joint compound. Screw heads covered with joint compound. Fire Test conducted at National Gypsum Testing Services, Inc. Third )'arty Witness: Underwriter's Laboratories, Inc. September 28, 2001 Report No: NC3369 STC and 110 Sound Ratin. s Joist/ RC Spacing` STC I IIC STC I IIC 24"o.cJ16"o.c. 1 50 (51)" 1 43 (43)" { 52 I 66 16"o.c116"o.c. I 45 (46)" 138 (39)b I 45 (46)° I 60 (61)" Cushioned Vinyl Without Gypsum Concrete Carpet & Pad I Cushioned Vinyl 1 Carpet & Pad STC IIC STC 1 IIC 63 (65)" 51 (52)" 1 63 (65)" I 67 (67)" 57 (57) With 1" Gypsum Concrete 46 (47) " I 57 (57) 5 I 59 (59) This assembly rn y also be used in a ats-rued rearming applicatlavbut only when aonsbu.sted exactly as described. STC and Iles slues established by engineering analysis using the AWC Trddmlcal Report 15 tTR15) model. acsoming 2--thioL mineral woes laic kaolatiou (saluts ire r+aremheses assume 33'-thick mineral noel bill) and neglecting the ivamm, (ifeny) oftte setting strips. STC and IIC salts, far aanemblio,with ajoist sparing ofl6"o.r. may be used for assemblies with joist srasings htw-een Iro.e- and 21'on.. Copyright 02021 American Wood Council February2021 Preint4.rwr 0240114 crusr."Y-1. :.r-11•AMIWs1s,assx MIMINZEMZE ®® ve,rN�r PATITIOH AND FLOOR SECTIONS A10 Cvw4 t Ptttrl.'e fl 1 1a'.A1A "g.: 4115/24 Page 465 of 647 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 June 3, 2024 AGENDA ITEM TITLE Resolution approving a Development and Minimum Assessment Agreement with J & R Real Estate Holdings, LLC, for the rehabilitation of 1721-1729 Mulberry Street into nineteen residential units, a daycare, and community space, including the Infill Housing Incentive of $5,000.00 per residential unit, Consolidated Urban Revitalization Area tax abatement and a Minimum Assessment Agreement of $2,500,000.00, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The property at 1721-1729 Mulberry Street is the location of the former St. Johns Church. The developer is proposing to renovate the building into 19 residential units, a daycare and community space. Parking will be located to the south of Mulberry Street. Project is slated to begin in the summer of 2025 and be complete by fall of 2026. NEIGHBORHOOD IMPACT This project would have a positive impact on the neighborhood by rehabilitating a property that has been vacant for years. They would also be creating additional residential and day care opportunities in Waterloo. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES nuisance bonds ALTERNATIVE ACTION Page 466 of 647 LEGAL DESCRIPTION Legal Description: The Easterly 30 feet of the Southerly 120 feet of Lot No. 1 in Block No. 4; Lot 7, except the North 51 feet of the East 95 feet thereof, and Lot 8, except that part thereof contained in the parcel depicted in Plat of Survey Doc. #2014-18424; all in Block 4 in Zollinger's Addition to Waterloo, Iowa. AND Lots 1, 2 and 3 in Block 5 in Alford's Addition to the City of Waterloo, Iowa. AND Lot 1 in Auditor's Plat number 8, Waterloo, Iowa, except that part thereof contained in the parcel depicted in Plat of Survey Doc. #2014-18424. AND Lot 13 through 26, inclusive in Auditor's Plat number 8, Waterloo, Iowa, except those parts thereof conveyed to the State of Iowa in 281 TLD 461. AND Beginning at the Northwest corner of Lot 15 in Auditor's Plat number 8, Waterloo, Iowa; thence West along the South line of Mulberry Street, a distance of 50 feet to the Northeast corner of Lot 14 of said addition; thence South a distance of 3 68 .6 feet to the Southeast corner of Lot 22 of said addition; thence East a distance of 50 feet to the Southwest corner of Lot 21 of said addition; thence North a distance of367.9 feet to the point of beginning. ATTACHMENTS 1. 1721-1729 Mulberry Street Plans 2. JR Real Estate rehab agt (1721-1729 Mulberry) 5-22-24 Page 467 of 647 J & R Real Estate Holdings ST. JOHNS CHURCH & SCHOOL REHABILITATION 1729 Mulberry Street, Waterloo, Iowa INVISION:22169 J & R Real Estate Holdings SD PROGRESS SET 15 APRIL 2024 I Illllll �� 1 �!I(I��11I ➢ i III II III 1111100 I Emit IL, 11 ` I■IjIl.11��� �.nn ul li!illlooiylil!ii ! yni !Dill iII �I� OWNER J & R Real Estate 237 Prospect Ave Waterloo, Iowa 50703 <P: <WEBSITE: > ............. ,1111666111116110116111111116111111,11111.111,1111611111161.61111.16111661111111161.6111.116111,116111111,1111611111661101111616116.111111616 1111111111[011111""—! --�� _ - - -_nnne nn�anir.'• nnlne 'I�II _��I_I�LII Gii. Y 1 �I ■ __fiiipii ���� ■ r111111111L4111,_■■I■ I� III .��III_ i i.�n�d!�'`. INVISION PUNNING ARCHITECTURE I INTERI 900 Mulberry Street Des Moines, Iowa 50309 515.633.2941 515.633.2942 Fax 6 RS ST. JOHNS CHURCH & SCHOOL REHABILITATION INVISION:22169 J & R Real Estate Holdings ISSUE DATE:l5 APRIL 2024 SD PROGRESS SET MANAGING ARCHITECT: MANAGING ARCHITECT NAME @invisionarch.com) Page 468 of 647 LU w 1- w 0 O 0- 1- w w 1- w w S H- z z_ J w 0- w 1- z O 0 0 SHEET INSTRUCTIONS: C:\RevitLocalFiles\St John Catholic Church and School_R23_nancyb57W87.rvt 4/ 16/2024 1 1:15:49 AM E 0 0 0 c 0 c ARCHITECTURAL SYMBOLS: NORTH ARROW NORTH DIRECTION NORTH DRAWING REFERENCE View Name 1/8" = 1'-0" SECTION TAG SECTION NUMBER SIM SHEET NUMBER CASEWORK TAG CUSTOM PLAM1-1V4 L 24.34.5.2 CUSTOM SIZE MATERIAL LOCK INDICATOR LIGHT VALANCE SIZE: W•H•D DETAIL REFERENCE SIM DETAIL NUMBER SHEET NUMBER DOOR IDENTIFICATION NEW EXISTING XXX DOOR NUMBERS ROOM IDENTIFICATION Room Name- ROOM NAME 101 - ROOM NUMBER COUNTERTOP TAG STANDARD DIMENSION STYLE DIMENSION W/ 00 3/8" 43/8" DOT INDICATE CENTERLINE OF I OBJECT PLAM1 f MATERIAL 34 • 25.4 f BACKSPLASH SIZE: H COUNTERTOP SIZE: D COUNTERTOP ELEVATION STANDARD DIMENSIONS WINDOW IDENTIFICATION XXXX NUMBER DESIGNATES WINDOW TYPE STRUCTURAL GRID NUMBER DESIGNATES (VERTICAL) LETTER DESIGNATES (HORIZONTAL) GRID BUBBLES vvAv�� o cwE S S I ON q���� / 4R0000000 AL I hereby certify that the portion of this technical submission described below was prepared by me or under my direct supervision and responsible charge. I am a duly licensed architect under the laws of the State of Iowa. Printed or typed name Date Signature Registration expires GENERAL AND ARCHITECTURAL SERIES Pages or sheets covered by this seal INTERIOR WALL IDENTIFICATION EXTERIOR WALL IDENTIFICATION WALL TYPE ADDITIONAL COMMENTS / MODIFIER INSULATION IDENTIFIER FIRE RATING EXTERIOR & INTERIOR ELEVATION SPOT ELEVATION X DENOTES ELEVATION SHOWN ELEVATION NUMBER SHEET NUMBER KEYNOTE NUMBER DESIGNATES KEY NOTE 0" s FINISH TAG WALL TYPE Room name RM ### Wall Finish Base Finish Floor Finish Remarks MATERIALS LEGEND: °�- FINISH CONTOURS EXISTING CONTOURS EARTH GRAVEL BRICK CONCRETE PARTICLE BOARD PRECAST CONCRETE RIGID INSULATION SPRAY INSULATION MEM f / GYPSUM BOARD PLYWOOD MASONRY STEEL CONTINUOUS DIMENSION LUMBER NON -CONTINUOUS LUMBER/SHIM ALUMINUM FINISH LUMBER BATT INSULATION MINERAL WOOL ABBREVIATIONS: ACT ADA ADJ AFF AHU ALT ALUM AMC ANOD ANSI AP APROX ARCH ASTM AW BB BD BGC BLDG BLKG BO BR BRG CAB CB CC CFCI CG CIP CJ CK CL CLG CLR CMU CNTR CONC CONST CONT CORR CPT CS CSWK CTR CW ACOUSTICAL CEILING TILE AMERICANS WITH DISABILITIES ACT ADJUSTABLE ABOVE FINISHED FLOOR AIR HANDLING UNIT ALTERNATE ALUMINUM ACOUSTICAL METAL CEILING ANODIZED AMERICAN NATIONAL STANDARD INSTITUTE ACRYLIC PANEL APPROXIMATE ARCHITECTURAL ASTM INTERNATIONAL ACOUSTICAL WALLCOVERING BURNISHED BLOCK BOARD BY GENERAL CONTRACTOR BUILDING BLOCKING BY OTHER (THAN CONTRACTOR) BUMPER RAIL BEARING CABINET CARPET BASE CUBICAL CURTAIN CONTRACTOR FURNISHED CONTRACTOR INSTALLED CORNER GUARD CAST -IN -PLACE CONTROL JOINT CORK CENTER LINE CEILING CLEAR CONCRETE MASONRY UNIT COUNTER CONCRETE CONSTRUCTION CONTINUOUS CORRIDOR CARPET CONCRETE SEALED CASEWORK CENTER, CENTERED CURTAIN WALL DBL DEMO DEPT DF DIA DIAG DIM DISP DN DP DTL DW DWG EA EC EF EIFS EJ EL ELECT ELEV EMER ENCL EQ EQUIP EX EXP EXT FCB FD FE FEC FHC FIN FIXT FLEX FLR FOF FRP FT FTP FV G GA GALV DOUBLE DEMOLITION DEPARTMENT DRINKING FOUNTAIN DIAMETER DIAGONAL DIMENSION DISPENSER DOWN DEPTH DETAIL DISHWASHER DRAWING EACH ENTRY CARPET EPDXY FLOOR EXTERIOR INSULATION AND FINISH SYSTEM EXPANSION JOINT ELEVATION ELECTRICAL ELEVATOR EMERGENCY ENCLOSURE EQUAL EQUIPMENT EXISTING EXPANSION, EXPOSED EXTERIOR FIBER CEMENT BOARD FLOOR DRAIN FIRE EXTINGUISHER FIRE EXTINGUISHER CABINET FIRE HOSE CABINET FINISH FIXTURE FLEXIBLE FLOOR FACE OF FINISH FIBERGLASS REINFORCED PLASTIC FOOT OR FEET FIRE TREATED PLYWOOD FIELD VERIFY GROUND GAGE, GAUGE GALVANIZED GENERAL NOTES: 1. ALL WORK SHALL COMPLY WITH APPLICABLE CODES AND ORDINANCES IN FORCE AT TIME OF CONSTRUCTION. 2. VERIFY ALL DIMENSIONS, EXISTING AND NEW CONDITIONS ON THE JOB BEFORE PROCEEDING WITH THE WORK. DISCREPANCIES, IF ANY, ARE TO BE REFERRED TO THE ARCHITECT PRIOR TO START OF WORK. 3. UNLESS NOTED OTHERWISE, THE PLAN DIMENSIONS SHOWN ARE: A. TYPICALLY TO THE CENTERLINE OF STUD AT INTERIOR PARTITIONS B. TO THE FACE OF WALLS IN HALLWAYS SHOWING CLEAR WIDTHS C. TO THE FACE OF FURRED OUT WALLS D. TO THE FACE OF MASONRY OR FACE OF CONCRETE WHERE INDICATED (NOMINAL) E. IF DIMENSION POINT IS IN QUESTION, CONTACT ARCHITECT 4. DOORS NOT LOCATED BY DIMENSION ON PLANS OR DETAILS SHALL BE INSTALLED SUCH THAT THE DOOR, WHEN IN THE FULL OPEN POSITION AGAINST WALL STOP, IS PARALLEL TO ADJACENT WALL. COORDINATE WITH DOOR HARDWARE. 5. CONTRACTORS SHALL CONSULT PLANS OF ALL TRADES FOR OPENINGS AND ROUGH -INS, ROUGH -OUTS THROUGH SLABS, WALLS, CEILINGS, AND ROOFS FOR DUCTS, PIPES, CONDUITS, CABINETS AND EQUIPMENT, AND SHALL VERIFY SIZE AND LOCATION BEFORE PROCEEDING WITH WORK. 6. PROVIDE FIRE RESISTIVE CLOSURE, MEETING THE REQUIREMENTS OF THE GOVERNING FIRE AUTHORITIES, AT ALL GAPS AROUND THE PENETRATING DUCT, PIPES, CONDUITS,OR LIKE ITEMS., AT ALL FIRE RATED BUILDING BUILDING COMPONENTS. 7. THE CONTRACTOR SHALL VERIFY ALL ROUGH -IN DIMENSIONS AND EQUIPMENT, FURNISHED AND INSTALLED BY HIMSELF/HERSELF OR OTHERS, PRIOR TO PROCEEDING WITH WORK. 8. ALL PIPING, CONDUITS, DUCTS, ETC., SHALL BE FURRED -IN, IN ALL ROOMS EXCEPT ELECTRICAL CLOSETS, TELEPHONE CLOSETS, MECHANICAL ROOMS, AND ROOMS DESIGNATED TO HAVE EXPOSED ROOF STRUCTURE. 9. CONTRACTOR SHALL COORDINATE WITH ALL OWNER FURNISHED ITEMS AND PROVIDE ALL REQUIRED MECHANICAL AND ELECTRICAL CONNECTIONS, INCLUDING STUB OUTS FOR NEW OR FUTURE WORK INDICATED. GB GC GF GFCI GL GP GR GYP GYP BD HD HDW HM HORIZ HR HT HVAC IB IBC ID IN INSUL INT JAN JT KS L LAV LKR LVR MAX MECH MEZZ MFR MIN MISC MKBD MLWK MM MO MTD MTL N NA NFPA NIC GRAB BAR GENERAL CONTRACTOR GRAPHIC FILM GROUND FAULT CIRCUIT INTERRUPTER GLASS GLASS PANEL GROUT GYPSUM GYPSUM BOARD HAND DRYER HARDWARE HOLLOW METAL HORIZONTAL HANDRAIL HEIGHT HEATING, VENTILATION, & AIR CONDITIONING INTEGRAL BASE INTERNATIONAL BUILDING CODE INSIDE DIAMETER INCH INSULATION INTERIOR JANITOR JOINT KNEE SPACE LOCK LAVATORY LOCKER LOUVER MAXIMUM MECHANICAL MEZZANINE MANUFACTURER MINIMUM MISCELLANEOUS MARKERBOARD MILLWORK MILLIMETER MASONRY OPENING MOUNTED METAL NEW NOT APPLICABLE NATIONAL FIRE PROTECTION ASSOCIATION NOT IN CONTRACT NOM NTS OC OD OF/CI OF/01 OH OPNG OPP ORD PC PLAM PLYWD PR PREFIN PT PTD RAD RAF RB RC RCP RD REF REINF REQD RF RO RTU RV SC SCHED SIM SLNT SN SPEC SPECD SQ SR SSM SST ST STN STRUCT SURF SHEET INDEX: 0. GENERAL G0.00 COVER SHEET G0.01 TITLE SHEET 1. CIVIL C0.00 CIVIL COVER SHEET - SEE THIS SHEET FOR CIVIL SHEET INDEX AND STAMP 2. LANDSCAPE L0.00 LANDSCAPE COVER SHEET - SEE THIS SHEET FOR LANDSCAPE SHEET INDEX AND STAMP 3. ARCH SITE AS1.11 ARCHITECTURAL SITE PLAN AND SITE DETAILS 4. STRUCTURAL S0.00 STRUCTURAL COVER SHEET - SEE THIS SHEET FOR STRUCTURAL SHEET INDEX AND STAMP 5. ARCHITECTURAL A0.03 GLAZING ELEVATIONS AD1.10 BASEMENT FLOOR DEMOLITION PLAN AD1.11 FIRST FLOOR DEMOLITION PLAN AD1.12 SECOND FLOOR DEMOLITION PLAN A1.01 BASEMENT FLOOR PLAN A1.11 FIRST FLOOR PLAN A1.21 SECOND FLOOR PLAN A1.31 ROOF PLAN A2.01 EXTERIOR ELEVATIONS A2.02 EXTERIOR ELEVATIONS 6. FIRE PROTECTION FP0.00 FIRE PROTECTION COVER SHEET - SEE THIS SHEET FOR FIRE PROTECTION SHEET INDEX AND STAMP 7. PLUMBING P0.00 PLUMBING COVER SHEET - SEE THIS SHEET FOR PLUMBING SHEET INDEX AND STAMP 8. MECHANICAL M0.00 VENTILATION COVER SHEET - SEE THIS SHEET FOR VENTILATION SHEET INDEX AND STAMP 9. ELECTRICAL E0.00 ELECTRICAL COVER SHEET - SEE THIS SHEET FOR ELECTRICAL SHEET INDEX AND STAMP 10. FIRE ALARM FA0.00 FIRE ALARM COVER SHEET - SEE THIS SHEET FOR FIRE ALARM SHEET INDEX AND STAMP 11. TELECOMMUNICATIONS T0.00 TELECOMMUNICATION COVER SHEET - SEE THIS SHEET FOR TELECOMMUNICATIONS SHEET INDEX AND STAMP NOMINAL NOT TO SCALE ON CENTER OUTSIDE DIAMETER OWNER FURNISHED, CONTRACTOR INSTALLED OWNER FURNISHED, OWNER INSTALLED OVERHEAD OPENING OPPOSITE OVERFLOW ROOF DRAIN POLISHED CONCRETE PLASTIC LAMINATE PLYWOOD PAIR PREFINISHED PAINT PAPER TOWEL DISPENSER RADIUS RESILIENT ATHLETIC FLOORING RESILIENT BASE RESILIENT CHANNEL REFLECTED CEILING PLAN ROOF DRAIN REFRIGERATOR REINFORCE REQUIRED RESILIENT FLOORING ROUGH OPENING ROOF TOP UNIT ROOF VENT SCRIBE SCHEDULE SIMILAR SEALANT STAIR NOSING SPECIFICATION SPECIFIED SQUARE STAIR RISER SOLID SURFACE MATERIAL STAINLESS STEEL STAIR TREAD STAIN STRUCTURAL SURFACE SUSP SYMM T T&G TB TC THRU TK TKBD TL TM TOB TOC TOF TOS TP TPD TSTAT TV TYP TZ UL UNF UNO V VERT VEST VIF VTR VWP W/ W/O WB WBL WC WD WDSF WF WOC WP WR WSCT WT WWF WWM SUSPEND SYMMETRICAL TEMPERED TONGUE AND GROOVE TILE BASE TROWELED CONCRETE THROUGH TACKABLE SURFACE TACKBOARD TILE T MOLDING TOP OF BEAM TOP OF CONCRETE TOP OF FOOTING TOP OF STEEL TOILET PARTITION TOILET PAPER DISPENSER THERMOSTAT TELEVISION TYPICAL TERAllO UNDERWRITERS LABORATORIES UNFINISHED UNLESS NOTED OTHERWISE LIGHT VALANCE VERTICAL VESTIBULE VERIFY IN FIELD VENT THOUGH ROOF VINYL WALL PAD WITH WITHOUT WOOD BASE WOOD BLOCKING WALL COVERING WOOD WOOD SPORTS FLOORING WOOD FLOORING WALK -OFF CARPET WALL PROTECTION WATER RESISTANT WAINSCOT WINDOW TREATMENT WELDED WIRE FABRIC WELDED WIRE MESH I NVISION PLANNING 900 Des 515.633.2941 www.invisionarch.com CONSU REVISIONS: 1 ARCHITECTURE Mulberry Moines, LTANT: Description Iowa 1 INTERIORS Street 50309 Date No. OWNER SIGN DATE -OFF: NAME cn —I cn & cn - p N 0 rn 1- m o m `" rn �' o J & R Real Estate Holdings m, -07 D.. 0,m mm N o ST. JOHNS CHURCH & SCHOOL REHABILITATION bm O N 4, PRELIMINARY NOT FOR CONSTRUCTION FOR REFERENCE ONLY THIS SHEET MUST BE PRINTED IN COLOR TO VIEW CONTENT PROPERLY O Page 469 of 647 C:\RevitLocalFiles\St John Catholic Church and School_R23_nancyb57W87.rvt 4/16/2024 11:15:50 AM SHEET RESPONSIBILITY:INITIAL!! NORTH ARCHITECTURAL SITE PLAN 1" = 30'-0" GENERAL ARCHITECTURAL SITE NOTES: 1. FIELD VERIFY ALL EXISTING SITE CONDITIONS, UNDERGROUND UTILITIES, ABOVE GRADE UTILITY STRUCTURES, EXTENT OF PAVING AND CURBS, AND VEGETATION. CONTACT IOWA ONE CALL FOR UTILITY LOCATES PRIOR TO ANY SITE PREPARATION OR DEMOLITION. NOTIFY ARCHITECT OF ANY DISCREPANCIES. 2. CONTRACTOR IS TO REMOVE AND REPLACE OR RESTORE ALL STREET SIGNS, PAVEMENT MARKINGS, SITE LIGHTING AND BASES, SIDEWALKS, STEPS, LANDSCAPE STRUCTURES, CURB AND GUTTER, STREETS, DRIVES ANDALL OTHER SURFACE STRUCTURES REMOVED OR OTHERWISE DAMAGED DURING THE COURSE OF THE WORK. PCC PAVEMENT SHALL BE REMOVED AND REPLACED TO NEAREST JOINT. 3. CONTRACTOR SHALL PROTECT ALL UTILITIES FROM DAMAGE DUE TO OPERATION OF HEAVY EQUIPMENT, EXPOSURE AND LACK OF SUPPORT. HAND EXCAVATION WILL BE REQUIRED WHEN EXPOSING EXISTING UTILITIES. THE CONTRACTOR SHALL PROVIDE ADEQUATE SUPPORT OR SHORING FOR ALL EXPOSED EXISTING UTILITIES TO PREVENT DAMAGE. 4. ALL LANDSCAPING INCLUDING TREES, SHRUBS, PERENNIAL PLANTS AND GRASS OR TURF, NOT CALLED OUT TO BE REMOVED ON THE DRAWINGS SHALL BE REPLACED WHERE DAMAGED DURING CONSTRUCTION. WHERE TREES, SHRUBS AND PERENNIAL PLANTS CANNOT, OR ARE NOT PROTECTED, OR ARE OTHERWISE DESTROYED OR DAMAGED BY THE CONTRACTOR, THE TREES, SHRUBS AND PERENNIAL PLANTS SHALL BE REPLACED WITH NEW PLANTS OF THE SAME VARIETY AND SIZE AS THE PLANT DAMAGED OR DESTROYED. WHERE GRASS OR TURF IS DESTROYED, OR DAMAGED DURING CONSTRUCTION, SURFACE SHALL BE RESTORED TO THE CONDITION THAT EXISTED PRIOR TO CONSTRUCTION. REPORT DAMAGE TO EXISTING VEGETATION TO OWNERS REPRESENTATIVE PRIOR TO REPAIR. PERFORM EXCAVATION WITHIN DRIP - LINE OF LARGE TREES TO REMAIN BY HAND, AND PROTECT THE ROOT SYSTEM FROM DAMAGE OR DRY OUT TO THE GREATEST EXTENT POSSIBLE. MAINTAIN MOIST CONDITION FOR ROOT SYSTEM AND COVER EXPOSED ROOTS WITH BURLAP. PAINT ROOT CUTS OF 1' DIAMETER AND LARGER WITH EMULSIFIED ASPHALT TREE PAINT. 5. SEE CIVIL FOR ADDITIONAL SITE FENCING LOCATIONS NOT SHOWN ON THIS SHEET. 6. ALL ROADWAYS AND DRIVES SHALL BE KEPT OPEN AT ALL TIMES. THE CONTRACTOR MUST PERFORM THE WORK IN A MANNER THAT WILL MAINTAIN UN- INTERRUPTED VEHICULAR AND PEDESTRIAN TRAFFIC. 7. WHERE A SECTION OF PAVEMENT, CURB AND GUTTER, OR SIDEWALK IS CUT OR OTHERWISE DAMAGED BY THE CONTRACTOR, THE ENTIRE SECTION SHALL BE REMOVED AND REPLACED. PAVEMENT, CURBS, GUTTERS, AND SIDEWALKS SHALL BE REMOVED A MINIMUM OF TWO FEET BEYOND THE EDGE OF THE TRENCH CUT. CONTRACTOR AND OWNER'S REPRESENTATIVE ARE TO DOCUMENT (OR PHOTO) ALL CRACKED PCC PAVEMENT OR DAMAGED ACC PAVEMENT PRIOR TO CONSTRUCTION. IF NEW CRACKS IN PCC PAVEMENT OR IF ACC PAVEMENT IS DAMAGED DUE TO CONSTRUCTION TRAFFIC (EXTENDS BEYOND CONSTRUCTION LIMITS), CONTRACTOR IS TO REPLACE DAMAGED AREA AT NO ADDITIONAL COST TO THE PROJECT. 8. CLEANUP OF ADJACENT PAVED AREAS SHALL BE PERFORMED ON A DAILY BASIS, OR AS DIRECTED BY OWNER'S REPRESENTATIVE AT NO ADDITIONAL COST. PAVEMENT IS TO BE SCRAPED CLEAN OF DEBRIS AND MUD. MUD TRACKS ARE TO BE REMOVED AT THE END OF THE DAY. SURROUNDING ROADS ARE TO BE KEPT FREE OF DEBRIS AND MUD. ALL PEDESTRIAN SIDEWALKS MUST BE KEPT CLEAN & FREE FROM MUD, DIRT & DEBRIS AT ALL TIMES. 9. CONTRACTOR IS TO PARK ONLY WITHIN CONSTRUCTION LIMITS, WHERE APPLICABLE. NO PARKING IS ALLOWED ON SURROUNDING ROADS OR PARKING LOTS. 10. IN THE EVENT THAT PEDESTRIAN LIGHTING CIRCUITS ARE DISRUPTED INTENTIONALLY OR NON -INTENTIONALLY THE CONTRACTOR SHALL IMMEDIATELY PROVIDE A TEMPORARY SPLICE TO REESTABLISH THE CIRCUIT. 11. TYPICAL SAWCUT JOINTS TO BE AT LEAST ONE QUARTER THE DEPTH OF THE SLAB THICKNESS. JOINTS TO BE 10'-0" 0.C. UNLESS OTHERWISE NOTED. 12. PROVIDE POSITIVE DRAINAGE OF SURFACE WATER AWAY FROM BUILDINGS WITHOUT PONDING OF WATER ADJACENT TO BUILDING OR ON PAVEMENTS. 13. SPOT ELEVATIONS, CONTOUR LINES AND UTILITY LOCATIONS SHOWN FOR REFERENCE ONLY - SEE CIVIL. 14. INSTALL ALL CONSTRUCTION FENCING, GATES, AND OTHER CONSTRUCTION AREA SAFETY MEASURES. 15. INSTALL TREE PROTECTION AROUND ALL TREES REQUIRING PROTECTION FENCING. VERIFY THAT TREES DESIGNATED TO BE RELOCATED BY THE FACILITY HAVE BEEN MOVED, IF APPLICABLE. WATERLOO ZONING CHAPTER 25 PARKING REGULATIONS: R= 2 SPACES / UNIT 19 x 2 = 38 REQUIRED A = 1 SPACE / 100 SF OR 1 SPACE / 4 0CC WHICHEVER IS GREATER 4435 / 100 = 45 SPACES, 295 OCC / 4 = 74 SPACES REQUIRED DAYCARE = 1 SPACE / 2 EMPLOYEES + 1 SPACE / 15 KIDS 10 STAFF = 5 SPACES, 65 KIDS = 5 SPACES 10 REQUIRED 122 TOTAL REQUIRED, 137 PROVIDED I NVISION PLANNING 900 Des 515.633.2941 515.633.2942 www.invisionarch.com CONSULTANT: REVISIONS: I ARCHITECTURE Mulberry Moines, Description Iowa I INTERIORS Street Fax 50309 Date No. OWNER SIGN DATE -OFF: NAME N D > cr,� —� N� rn D m o m rn �' o J & R Real Estate Holdings aim mm D.. rr ^ o, D A D O L `o C� 0 m o o ST. JOHNS CHURCH & SCHOOL REHABILITATION m -1 AT)v) 4, rn PRELIMINARY NOT FOR CONSTRUCTION FOR REFERENCE ONLY THIS SHEET MUST BE PRINTED IN COLOR TO VIEW CONTENT PROPERLY Copyright 0 - Page 470 of 647 C:\RevitLocalFiles\St John Catholic Church and School_R23_nancyb57W87.rvt 4/16/2024 11:15:52 AM SHEET RESPONSIBILITY:INITIAL!! 0 0 0 NORTH r L —UP v/v/v/v 7 fr>/\/\/\i LOWER LEVELS DEMOLITION PLAN 1 /8" = 1'-0" '/\jai\\ \/\/y\/\/\/� 4,a I I I O O O E O O O GENERAL DEMOLITION PLAN NOTES: 1. HATCHED AREAS ARE SHOWN FOR REFERENCE ONLY AND ARE GENERALLY OUTSIDE OF PROJECT SCOPE. I_ 2. EXISTING ROOM NUMBERS AND NAMES SHOWN ON DEMOLITION PLANS. SEE NEW WORK PLANS FOR NEW ROOM NUMBERS AND NAMES. 3. DASHED LINES INDICATE ITEMS TO BE REMOVED. PATCH AND REPAIR ALL ADJACENT SURFACES TO MATCH EXISTING SURFACE. 4. SEE ALL OTHER DISCIPLINES SHEETS FOR ADDITIONAL DEMOLITION. 5. REFER TO DEMOLITION REFLECTED CEILING AND DEMOLITION REFLECTED STRUCTURAL PLANS FOR ADDITIONAL DEMOLITION ITEMS. 6. REFER TO FLOOR PLANS AND INTERIOR ELEVATIONS FOR DIMENSIONS OF NEW OPENINGS NOT DIMENSIONS ON THE DEMOLITION SHEETS. 7. PROTECT ALL ITEMS / SURFACES "TO REMAIN" DURING DEMOLITION / CONSTRUCTION. REPAIR / REPLACE ALL ITEMS DAMAGED DURING DEMOLITION / CONSTRUCTION. 8. PATCH SURFACES TO MATCH ADJACENT SURFACES AT ALL REMOVED (ALL DISCIPLINES) DEVICES. 9. SURFACE TEXTURE OF ALL WALL PATCHES / INFILL TO MATCH ADJACENT EXISTING SURFACES BLEND NEW WALL TEXTURE INTO EXISTING WALL TEXTURE FOR UNIFORM FINISH / APPEARANCE. REPAINT ENTIRE WALL. 10. SEE DEMOLITION INTERIOR AND EXTERIOR ELEVATIONS FOR ADDITIONAL INFORMATION. CEILING DEMO NOTES: 1. HATCHED AREAS ARE SHOWN FOR REFERENCE ONLY AND ARE GENERALLY OUTSIDE OF PROJECT SCOPE. I_ _I 2. EXISTING ROOM NUMBERS AND NAMES SHOWN ON DEMOLITION PLANS. SEE NEW WORK PLANS FOR NEW ROOM NUMBERS AND NAMES. 3. DASHED LINES INDICATE ITEMS TO BE REMOVED. PATCH AND REPAIR ALL ADJACENT SURFACES TO MATCH EXISTING SURFACE. 4. SEE ALL OTHER DISCIPLINES SHEETS FOR ADDITIONAL DEMOLITION. 5. REFER TO DEMOLITION FLOOR PLANS FOR ADDITIONAL DEMOLITION ITEMS. 6. REFER TO FLOOR PLANS AND INTERIOR ELEVATIONS FOR DIMENSIONS OF NEW OPENINGS NOT DIMENSIONS ON THE DEMOLITION SHEETS. 7. PROTECT ALL ITEMS / SURFACES "TO REMAIN" DURING DEMOLITION / CONSTRUCTION. REPAIR / REPLACE ALL ITEMS DAMAGED DURING DEMOLITION / CONSTRUCTION. 8. PATCH SURFACES TO MATCH ADJACENT SURFACES AT ALL REMOVED (ALL DISCIPLINES) EQUIPMENT, CHASES,DEVICES ECT. 9. REMOVE ALL LOOSE FINISH FROM EXISTING SURFACES THAT ARE TO RECEIVE NEW FINISHES AND PREPARE FOR NEW FINISHES. 10. PARTITION WALLS TO BE REMOVED (SHOWN DASHED) SHOWN FOR REFERENCE - SEE DEMOLITION FLOOR PLANS. 11. ON DEMOLITION REFLECTED STRUCTURAL PLANS, WALLS SHOWN ARE THOSE THAT EXTEND TO BOTTOM OF STRUCTURE. WALLS THAT DO NOT EXTEND TO BOTTOM OF STRUCTURE ARE NOT SHOWN. SEE DEMOLITION FLOOR PLANS. ROOF DEMO NOTES: 1. HATCHED AREAS ARE SHOWN FOR REFERENCE ONLY AND ARE GENERALLY OUTSIDE OF PROJECT SCOPE. I_ _I 2. ROOF PLAN LAYOUT, LOCATIONS, SECTIONS AND DETAILS WERE TAKEN FROM EXISTING BUILDING PLANS AND FIELD OBSERVATIONS. THE CONTRACTOR SHALL FIELD VERIFY ALL CONDITIONS PRIOR TO THE START OF CONSTRUCTION . 3. EXISTING ROOFING SYSTEM ARE BELIEVED TO CONSIST OF THE FOLLOWING (ALL ROOF AREAS UNLESS NOTED OTHERWISE): 4. REFER TO MECHANICAL, PLUMBING, AND ELECTRICAL SHEETS FOR ADDITIONAL DEMOLITION NOTES. 5. PROTECT ALL ITEMS / SURFACES TO REMAIN DURING DEMOLITION / CONSTRUCTION. REPAIR / REPLACE ALL ITEMS / SURFACES DAMAGED DURING DEMOLITION / CONSTRUCTION TO MATCH EXISTING CONDITIONS. DEMOLITION LEGEND: EXISTING GYPSUM BOARD / PLASTER CEILING TO REMAIN L REMOVE EXISTING GYPSUM BOARD / PLASTER CEILING FI=I� LI -I _IREMOVE EXISTING ACOUSTICAL CEILING TILE SYSTEM COMPLETE WALL LEGEND: EXISTING WALL NEW WALL CONSTRUCTION = = = DEMO WALL DEMOLITION KEYNOTES DISCRIPTION I NVISION PLANNING 900 Des 515.633.2941 515.633.2942 www.invisionarch.com CONSULTANT: REVISIONS: I ARCHITECTURE Mulberry Moines, Description Iowa I INTERIORS Street Fax 50309 Date No. OWNER SIGN DATE -OFF: NAME > iiirn G co (/' m o m D rn �' o J & R Real Estate Holdings a, ODD O� 1- `a' O Z m N o ST. JOHNS CHURCH & SCHOOL REHABILITATION O T m p . z n v) PRELIMINARY NOT FOR CONSTRUCTION FOR REFERENCE ONLY THIS SHEET MUST BE PRINTED IN COLOR TO VIEW CONTENT PROPERLY Copyrigh 0 Page 471 of 647 UPDATE NOTES AS NEEDED C:\RevitLocalFiles\St John Catholic Church and School R23nancyb57W87.rvt 4/ 16/2024 1 1:15:54 AM SHEET RESPONSIBILITY:INITIAL!! 26'-8" IIII III II / 1 • FIRST FLOOR DEMOLITION PLAN 1/8" = 1'-0" F �/v/v/v/v/v/v/ v/v/v/v/v/v/v/v/v/v/v/ E P GENERAL DEMOLITION PLAN NOTES: 1. HATCHED AREAS ARE SHOWN FOR REFERENCE ONLY AND ARE GENERALLY OUTSIDE OF PROJECT SCOPE. F L- 2. EXISTING ROOM NUMBERS AND NAMES SHOWN ON DEMOLITION PLANS. SEE NEW WORK PLANS FOR NEW ROOM NUMBERS AND NAMES. 3. DASHED LINES INDICATE ITEMS TO BE REMOVED. PATCH AND REPAIR ALL ADJACENT SURFACES TO MATCH EXISTING SURFACE. 4. SEE ALL OTHER DISCIPLINES SHEETS FOR ADDITIONAL DEMOLITION. 5. REFER TO DEMOLITION REFLECTED CEILING AND DEMOLITION REFLECTED STRUCTURAL PLANS FOR ADDITIONAL DEMOLITION ITEMS. 6. REFER TO FLOOR PLANS AND INTERIOR ELEVATIONS FOR DIMENSIONS OF NEW OPENINGS NOT DIMENSIONS ON THE DEMOLITION SHEETS. 7. PROTECT ALL ITEMS / SURFACES "TO REMAIN" DURING DEMOLITION / CONSTRUCTION. REPAIR / REPLACE ALL ITEMS DAMAGED DURING DEMOLITION / CONSTRUCTION. 8. PATCH SURFACES TO MATCH ADJACENT SURFACES AT ALL REMOVED (ALL DISCIPLINES) DEVICES. 9. SURFACE TEXTURE OF ALL WALL PATCHES / INFILL TO MATCH ADJACENT EXISTING SURFACES BLEND NEW WALL TEXTURE INTO EXISTING WALL TEXTURE FOR UNIFORM FINISH / APPEARANCE. REPAINT ENTIRE WALL. 10. SEE DEMOLITION INTERIOR AND EXTERIOR ELEVATIONS FOR ADDITIONAL INFORMATION. CEILING DEMO NOTES: 1. HATCHED AREAS ARE SHOWN FOR REFERENCE ONLY AND ARE GENERALLY OUTSIDE OF PROJECT SCOPE. F I__ I 2. EXISTING ROOM NUMBERS AND NAMES SHOWN ON DEMOLITION PLANS. SEE NEW WORK PLANS FOR NEW ROOM NUMBERS AND NAMES. 3. DASHED LINES INDICATE ITEMS TO BE REMOVED. PATCH AND REPAIR ALL ADJACENT SURFACES TO MATCH EXISTING SURFACE. 4. SEE ALL OTHER DISCIPLINES SHEETS FOR ADDITIONAL DEMOLITION. 5. REFER TO DEMOLITION FLOOR PLANS FOR ADDITIONAL DEMOLITION ITEMS. 6. REFER TO FLOOR PLANS AND INTERIOR ELEVATIONS FOR DIMENSIONS OF NEW OPENINGS NOT DIMENSIONS ON THE DEMOLITION SHEETS. 7. PROTECT ALL ITEMS / SURFACES "TO REMAIN" DURING DEMOLITION / CONSTRUCTION. REPAIR / REPLACE ALL ITEMS DAMAGED DURING DEMOLITION / CONSTRUCTION. 8. PATCH SURFACES TO MATCH ADJACENT SURFACES AT ALL REMOVED (ALL DISCIPLINES) EQUIPMENT, CHASES,DEVICES ECT. 9. REMOVE ALL LOOSE FINISH FROM EXISTING SURFACES THAT ARE TO RECEIVE NEW FINISHES AND PREPARE FOR NEW FINISHES. 10. PARTITION WALLS TO BE REMOVED (SHOWN DASHED) SHOWN FOR REFERENCE - SEE DEMOLITION FLOOR PLANS. 11. ON DEMOLITION REFLECTED STRUCTURAL PLANS, WALLS SHOWN ARE THOSE THAT EXTEND TO BOTTOM OF STRUCTURE. WALLS THAT DO NOT EXTEND TO BOTTOM OF STRUCTURE ARE NOT SHOWN. SEE DEMOLITION FLOOR PLANS. ROOF DEMO NOTES: 1. HATCHED AREAS ARE SHOWN FOR REFERENCE ONLY AND ARE GENERALLY OUTSIDE OF PROJECT SCOPE. F I_ _I 2. ROOF PLAN LAYOUT, LOCATIONS, SECTIONS AND DETAILS WERE TAKEN FROM EXISTING BUILDING PLANS AND FIELD OBSERVATIONS. THE CONTRACTOR SHALL FIELD VERIFY ALL CONDITIONS PRIOR TO THE START OF CONSTRUCTION . 3. EXISTING ROOFING SYSTEM ARE BELIEVED TO CONSIST OF THE FOLLOWING (ALL ROOF AREAS UNLESS NOTED OTHERWISE): 4. REFER TO MECHANICAL, PLUMBING, AND ELECTRICAL SHEETS FOR ADDITIONAL DEMOLITION NOTES. 5. PROTECT ALL ITEMS / SURFACES TO REMAIN DURING DEMOLITION / CONSTRUCTION. REPAIR / REPLACE ALL ITEMS / SURFACES DAMAGED DURING DEMOLITION / CONSTRUCTION TO MATCH EXISTING CONDITIONS. 0 DEMOLITION LEGEND: EXISTING GYPSUM BOARD / PLASTER CEILING TO REMAIN REMOVE EXISTING GYPSUM BOARD / PLASTER CEILING FI-I LI —I _1REMOVE EXISTING ACOUSTICAL CEILING TILE SYSTEM COMPLETE WALL LEGEND: EXISTING WALL NEW WALL CONSTRUCTION = = = DEMO WALL DEMOLITION KEYNOTES DISCRIPTION II AO BO C DO E F INVISION PLANNING 900 Des 515.633.2941 515.633.2942 www.invisionarch.com CONSU REVISIONS: I ARCHITECTURE Mulberry Moines, LTANT: Description Iowa I INTERIORS Street Fax 50309 Date No. OWNER SIGN DATE -OFF: NAME > 77 rn GI-n m o m D rn J & R Real Estate Holdings Q TI Z m - n O _ �m °Lo z ST. JOHNS CHURCH & SCHOOL REHABILITATION rT' '� N O O .. Oz� m o T PRELIMINARY NOT FOR CONSTRUCTION FOR REFERENCE ONLY THIS SHEET MUST BE PRINTED IN COLOR TO VIEW CONTENT PROPERLY Copyrigh- 0 Page 472 of 647 C:\RevitLocalFiles\St John Catholic Church and School_R23_nancyb57W87.rvt 4/16/2024 11:15:55 AM SHEET RESPONSIBILITY:INITIAL!! PIPE ORGAN -\ n Y SECOND FLOOR DEMOLITION PLAN 1/8" = LVIW IF d x I11 GENERAL DEMOLITION PLAN NOTES: 1. HATCHED AREAS ARE SHOWN FOR REFERENCE ONLY AND ARE GENERALLY OUTSIDE OF PROJECT SCOPE. I_ 2. EXISTING ROOM NUMBERS AND NAMES SHOWN ON DEMOLITION PLANS. SEE NEW WORK PLANS FOR NEW ROOM NUMBERS AND NAMES. 3. DASHED LINES INDICATE ITEMS TO BE REMOVED. PATCH AND REPAIR ALL ADJACENT SURFACES TO MATCH EXISTING SURFACE. 4. SEE ALL OTHER DISCIPLINES SHEETS FOR ADDITIONAL DEMOLITION. 5. REFER TO DEMOLITION REFLECTED CEILING AND DEMOLITION REFLECTED STRUCTURAL PLANS FOR ADDITIONAL DEMOLITION ITEMS. 6. REFER TO FLOOR PLANS AND INTERIOR ELEVATIONS FOR DIMENSIONS OF NEW OPENINGS NOT DIMENSIONS ON THE DEMOLITION SHEETS. 7. PROTECT ALL ITEMS / SURFACES "TO REMAIN" DURING DEMOLITION / CONSTRUCTION. REPAIR / REPLACE ALL ITEMS DAMAGED DURING DEMOLITION / CONSTRUCTION. 8. PATCH SURFACES TO MATCH ADJACENT SURFACES AT ALL REMOVED (ALL DISCIPLINES) DEVICES. 9. SURFACE TEXTURE OF ALL WALL PATCHES / INFILL TO MATCH ADJACENT EXISTING SURFACES BLEND NEW WALL TEXTURE INTO EXISTING WALL TEXTURE FOR UNIFORM FINISH / APPEARANCE. REPAINT ENTIRE WALL. 10. SEE DEMOLITION INTERIOR AND EXTERIOR ELEVATIONS FOR ADDITIONAL INFORMATION. CEILING DEMO NOTES: 1. HATCHED AREAS ARE SHOWN FOR REFERENCE ONLY AND ARE GENERALLY OUTSIDE OF PROJECT SCOPE. I_ _I 2. EXISTING ROOM NUMBERS AND NAMES SHOWN ON DEMOLITION PLANS. SEE NEW WORK PLANS FOR NEW ROOM NUMBERS AND NAMES. 3. DASHED LINES INDICATE ITEMS TO BE REMOVED. PATCH AND REPAIR ALL ADJACENT SURFACES TO MATCH EXISTING SURFACE. 4. SEE ALL OTHER DISCIPLINES SHEETS FOR ADDITIONAL DEMOLITION. 5. REFER TO DEMOLITION FLOOR PLANS FOR ADDITIONAL DEMOLITION ITEMS. 6. REFER TO FLOOR PLANS AND INTERIOR ELEVATIONS FOR DIMENSIONS OF NEW OPENINGS NOT DIMENSIONS ON THE DEMOLITION SHEETS. 7. PROTECT ALL ITEMS / SURFACES "TO REMAIN" DURING DEMOLITION / CONSTRUCTION. REPAIR / REPLACE ALL ITEMS DAMAGED DURING DEMOLITION / CONSTRUCTION. 8. PATCH SURFACES TO MATCH ADJACENT SURFACES AT ALL REMOVED (ALL DISCIPLINES) EQUIPMENT, CHASES,DEVICES ECT. 9. REMOVE ALL LOOSE FINISH FROM EXISTING SURFACES THAT ARE TO RECEIVE NEW FINISHES AND PREPARE FOR NEW FINISHES. 10. PARTITION WALLS TO BE REMOVED (SHOWN DASHED) SHOWN FOR REFERENCE - SEE DEMOLITION FLOOR PLANS. 11. ON DEMOLITION REFLECTED STRUCTURAL PLANS, WALLS SHOWN ARE THOSE THAT EXTEND TO BOTTOM OF STRUCTURE. WALLS THAT DO NOT EXTEND TO BOTTOM OF STRUCTURE ARE NOT SHOWN. SEE DEMOLITION FLOOR PLANS. ED ROOF DEMO NOTES: 1. HATCHED AREAS ARE SHOWN FOR REFERENCE ONLY AND ARE GENERALLY OUTSIDE OF PROJECT SCOPE. 2. ROOF PLAN LAYOUT, LOCATIONS, SECTIONS AND DETAILS WERE TAKEN FROM EXISTING BUILDING PLANS AND FIELD OBSERVATIONS. THE CONTRACTOR SHALL FIELD VERIFY ALL CONDITIONS PRIOR TO THE START OF CONSTRUCTION . 3. EXISTING ROOFING SYSTEM ARE BELIEVED TO CONSIST OF THE FOLLOWING (ALL ROOF AREAS UNLESS NOTED OTHERWISE): 4. REFER TO MECHANICAL, PLUMBING, AND ELECTRICAL SHEETS FOR ADDITIONAL DEMOLITION NOTES. 5. PROTECT ALL ITEMS / SURFACES TO REMAIN DURING DEMOLITION / CONSTRUCTION. REPAIR / REPLACE ALL ITEMS / SURFACES DAMAGED DURING DEMOLITION / CONSTRUCTION TO MATCH EXISTING CONDITIONS. DEMOLITION LEGEND: EXISTING GYPSUM BOARD / PLASTER CEILING TO REMAIN L REMOVE EXISTING GYPSUM BOARD / PLASTER CEILING FI—I� LI —I _IREMOVE EXISTING ACOUSTICAL CEILING TILE SYSTEM COMPLETE WALL LEGEND: EXISTING WALL NEW WALL CONSTRUCTION = = = DEMO WALL DEMOLITION KEYNOTES DISCRIPTION I NVISION PLANNING 900 Des 515.633.2941 515.633.2942 www.invisionarch.com CONSULTANT: REVISIONS: I ARCHITECTURE Mulberry Moines, Description Iowa I INTERIORS Street Fax 50309 Date No. OWNER SIGN DATE -OFF: NAME cn cn Cn cn p N 1 0 m m m D rn �' o J & R Real Estate Holdings a, L1) O z 0 _ � n 0 Z D m 0 N o ST. JOHNS CHURCH & SCHOOL REHABILITATION Oo m o Tl r PRELIMINARY NOT FOR CONSTRUCTION FOR REFERENCE ONLY THIS SHEET MUST BE PRINTED IN COLOR TO VIEW CONTENT PROPERLY Copyrigh 0 Page 473 of 647 C:\RevitLocalFiles\St John Catholic Church and School_R23_nancyb57W87.rvt 4/16/2024 11:15:56 AM SHEET RESPONSIBILITY:INITIAL!! 4 NORTH 0 O MECH (EVENT) MAINTENCE OFFICE I I I I I I I I TENANT STORAGE UP 1 7 1— 7 T I I I I I I I I 0 c,_ NEW UNIT LAUNDRY u_ w 00 00 x LOWER LEVELS PROPOSED FLOOR PLAN 1 /8" = 11-0" PANTRY P I EX UP STORAGE UP— /v /v iv TENANT STORAGE \ /\ JANITOR STOFAGE x 00 0 Oo KITCHEN N LL s 0 0 _ RRI I RR L - DINING F v /v /v iv, VV i TENIKNT i INFANTS ELEV MECH 4 0 L — LEV 1 1 1 %< %< UP CRAWLERS PRESCHOOL 0 1-2 YR OLDS OMMUNITY PLAY 2-3 YR OLDS OLDER KIDS 0 19 3-4 YR OLDS UPDATE NOTES AS NEEDED GENERAL EXISTING FLOOR PLAN NOTES: 1. SHADED AREAS ARE SHOWN FOR REFERENCE ONLY AND ARE GENERALLY OUTSIDE OF PROJECT SCOPE. 2. ALL WALLS WITH SOUND BATT ATTENUATION BLANKETS ARE TO HAVE ACOUSTICAL SEALANT AT TOP AND BOTTOM. SEE WALL TYPES FOR ADDITIONAL REQUIREMENTS. 3. FACE OF NEW WALLS TO ALIGN WITH FACE OF EXISTING ADJACENT WALL, UNO. 4. WALL INFILL AT EXISTING WALLS SHALL BE SIZED TO MATCH EXISTING WALLS FACE OF NEW FINISH TO BE FLUSH WITH EXISTING FINISHED FACE ON EACH SIDE OF WALL. 5. SEE EXTERIOR AND INTERIOR ELEVATIONS FOR FURTHER CLARIFICATION OF MATERIALS / LOCATIONS / FINISHES. GENERAL FLOOR PLAN NOTES: 1. REFER TO ADDITIONAL NOTES AND REQUIREMENTS ON ALL OTHER DOCUMENTS, OTHER DISCIPLINES AND SPECIFICATIONS. 2. ALL SITE INFO, FIXTURES AND EQUIPMENT SHOWN ON THIS SHEET IS PROVIDED FOR COORDINATION PURPOSES ONLY. THE LAYOUT IS CONSIDERED CONCEPTUAL. REFER TO CIVIL, MECHANICAL, ELECTRICAL, PLUMBING, FIRE SPRINKLER, LIFE -SAFETY, ETC. DOCUMENTS FOR SPECIFIC DESIGN INFORMATION. 3. ALL CONDUITS, PIPES, SPRINKLER MAINS SHOULD BE HELD AS TIGHT AS POSSIBLE TO THE ROOF OR FLOOR DECK ABOVE. NOTHING SHALL BE BELOW THE BOTTOM EDGE OF THE STRUCTURE UNLESS PRIOR APPROVAL IS GRANTED BY THE ARCHITECT OR OWNER. ABSOLUTELY NO OBSTRUCTIONS SHALL PREVENT A FINISHED CEILING HEIGHT NOTED ON THE DRAWINGS IN THOSE AREAS RECEIVING CEILING TREATMENT. PLACEMENT COORDINATION BETWEEN TRADES IS REQUIRED. 4. CAULK & SEAL ALL CONTROL -EXPANSION, SAWCUT JOINTS AT ALL INTERIOR & EXTERIOR MASONRY & CONCRETE. PROVIDE CONSTRUCTION AND CONTROL JOINTS IN CONCRETE SLABS ON GRADE AS SHOWN OR DETAILED ON STRUCTURAL DRAWINGS, IF NOT SHOWN, PROVIDE JOINTING PLAN WALL LEGEND: EXISTING WALL NEW WALL CONSTRUCTION = = = DEMO WALL KEYNOTES DISCRIPTION DIR. OFF OFFICE 41 41 1 1 4 UP STORAGE I NVISION PLANNING 900 Des 515.633.2941 515.633.2942 www.invisionarch.com CONSULTANT: REVISIONS: I ARCHITECTURE Mulberry Moines, Description Iowa I INTERIORS Street Fax 50309 Date No. OWNER SIGN DATE -OFF: NAME CD N n � � PRELIMINARY NOT FOR CONSTRUCTION FOR REFERENCE ONLY THIS SHEET MUST BE PRINTED IN COLOR TO VIEW CONTENT PROPERLY Copyright 0 Page 474 of 647 C:\RevitLocalFiles\St John Catholic Church and School_R23_nancyb57W87.rvt 4/16/2024 11:15:58 AM SHEET RESPONSIBILITY:INITIAL!! nnnnnnnnnnnnnnn��n��nnnnnnnnn E!e" NORTH PIPE ORGAN EVENT FIRST FLOOR PROPOSED PLAN 1/8" = 1'-0" STORAGE A II II I I I I I 2'-2 1/2" 9'-4" 728 SF 2'-4 7/8" 10'-0" + + UNIT 1 834 SF -NEW CONCRETE RAMP AND LANDING --------------------------------- ---------------------------------- CHAIR LIF 60 SF CHAIR LIFT TO LOWER LEVEL UP, CIRCULATION i LEASING OFFICE 127 SF 688 SF o AMP SLOPE @ 1"/12" — - - — KEY FOB LOBBY 645 SF 9'-9 5/8" CHAIR LIFT FROM GRADE TO LEVEL 1 PARTIAL HT WALL HC ENTRANCE 606 SF KEY FOB 15'-0 1/8" 753 SF 15'-2 1/8" 882 SF 10'-31 /2" CORRIDOR 15'-2 1/8" FENCED -IN PLAYGROUND AREA KEY FOB'D EA. SIDE FOR SEPERATE TENANTS GENERAL EXISTING FLOOR PLAN NOTES: 1. SHADED AREAS ARE SHOWN FOR REFERENCE ONLY AND ARE GENERALLY OUTSIDE OF PROJECT SCOPE. 2. ALL WALLS WITH SOUND BATT ATTENUATION BLANKETS ARE TO HAVE ACOUSTICAL SEALANT AT TOP AND BOTTOM. SEE WALL TYPES FOR ADDITIONAL REQUIREMENTS. 3. FACE OF NEW WALLS TO ALIGN WITH FACE OF EXISTING ADJACENT WALL, UNO. 4. WALL INFILL AT EXISTING WALLS SHALL BE SIZED TO MATCH EXISTING WALLS FACE OF NEW FINISH TO BE FLUSH WITH EXISTING FINISHED FACE ON EACH SIDE OF WALL. 5. SEE EXTERIOR AND INTERIOR ELEVATIONS FOR FURTHER CLARIFICATION OF MATERIALS / LOCATIONS / FINISHES. GENERAL FLOOR PLAN NOTES: 1. REFER TO ADDITIONAL NOTES AND REQUIREMENTS ON ALL OTHER DOCUMENTS, OTHER DISCIPLINES AND SPECIFICATIONS. 2. ALL SITE INFO, FIXTURES AND EQUIPMENT SHOWN ON THIS SHEET IS PROVIDED FOR COORDINATION PURPOSES ONLY. THE LAYOUT IS CONSIDERED CONCEPTUAL. REFER TO CIVIL, MECHANICAL, ELECTRICAL, PLUMBING, FIRE SPRINKLER, LIFE -SAFETY, ETC. DOCUMENTS FOR SPECIFIC DESIGN INFORMATION. 3. ALL CONDUITS, PIPES, SPRINKLER MAINS SHOULD BE HELD AS TIGHT AS POSSIBLE TO THE ROOF OR FLOOR DECK ABOVE. NOTHING SHALL BE BELOW THE BOTTOM EDGE OF THE STRUCTURE UNLESS PRIOR APPROVAL IS GRANTED BY THE ARCHITECT OR OWNER. ABSOLUTELY NO OBSTRUCTIONS SHALL PREVENT A FINISHED CEILING HEIGHT NOTED ON THE DRAWINGS IN THOSE AREAS RECEIVING CEILING TREATMENT. PLACEMENT COORDINATION BETWEEN TRADES IS REQUIRED. 4. CAULK & SEAL ALL CONTROL -EXPANSION, SAWCUT JOINTS AT ALL INTERIOR & EXTERIOR MASONRY & CONCRETE. PROVIDE CONSTRUCTION AND CONTROL JOINTS IN CONCRETE SLABS ON GRADE AS SHOWN OR DETAILED ON STRUCTURAL DRAWINGS, IF NOT SHOWN, PROVIDE JOINTING PLAN WALL LEGEND: EXISTING WALL NEW WALL CONSTRUCTION = = = DEMO WALL P 740 SF STUDIO 428 SF 15'-2 1/8" KEYNOTES DISCRIPTION METAL MESH SECURITY BARRIER / GAURDRAIL STAIRS r STUDIO 528 SF 15-6 1/8" I NVISION PLANNING 900 Des 515.633.2941 515.633.2942 www.invisionarch.com CONSULTANT: REVISIONS: I ARCHITECTURE Mulberry Moines, Description Iowa I INTERIORS Street Fax 50309 Date No. OWNER SIGN -OFF: DATE NAME (../) 4 PRELIMINARY NOT FOR CONSTRUCTION FOR REFERENCE ONLY THIS SHEET MUST BE PRINTED IN COLOR TO VIEW CONTENT PROPERLY Copyright 0 - Page 475 of 647 UPDATE NOTES AS NEEDED C:\RevitLocalFiles\St John Catholic Church and School_R23_nancyb57W87.rvt 4/16/2024 11:16:00 AM SHEET RESPONSIBILITY:INITIAL!! 4 NORTH MECH & STORAGE SECOND FLOOR PROPOSED PLAN 1/8" = 1'-0" 2'-4 7/8" t t G O I CIRCULATION 699 SF 2'-6"2'-4 7/8" t t LOUNGE 674 SF 2'-2 1/2" 9'-4" 607 SF CIRCULATION 105 SF STAIRS STORAGE CORRIDOR 749 SF 12'-6" 15'-0 1/8" 15'-2 1/8" 908 SF STUDIO 422 SF 731 SF GENERAL EXISTING FLOOR PLAN NOTES: 1. SHADED AREAS ARE SHOWN FOR REFERENCE ONLY AND ARE GENERALLY OUTSIDE OF PROJECT SCOPE. 2. ALL WALLS WITH SOUND BATT ATTENUATION BLANKETS ARE TO HAVE ACOUSTICAL SEALANT AT TOP AND BOTTOM. SEE WALL TYPES FOR ADDITIONAL REQUIREMENTS. 3. FACE OF NEW WALLS TO ALIGN WITH FACE OF EXISTING ADJACENT WALL, UNO. 4. WALL INFILL AT EXISTING WALLS SHALL BE SIZED TO MATCH EXISTING WALLS FACE OF NEW FINISH TO BE FLUSH WITH EXISTING FINISHED FACE ON EACH SIDE OF WALL. 5. SEE EXTERIOR AND INTERIOR ELEVATIONS FOR FURTHER CLARIFICATION OF MATERIALS / LOCATIONS / FINISHES. GENERAL FLOOR PLAN NOTES: 1. REFER TO ADDITIONAL NOTES AND REQUIREMENTS ON ALL OTHER DOCUMENTS, OTHER DISCIPLINES AND SPECIFICATIONS. 2. ALL SITE INFO, FIXTURES AND EQUIPMENT SHOWN ON THIS SHEET IS PROVIDED FOR COORDINATION PURPOSES ONLY. THE LAYOUT IS CONSIDERED CONCEPTUAL. REFER TO CIVIL, MECHANICAL, ELECTRICAL, PLUMBING, FIRE SPRINKLER, LIFE -SAFETY, ETC. DOCUMENTS FOR SPECIFIC DESIGN INFORMATION. 3. ALL CONDUITS, PIPES, SPRINKLER MAINS SHOULD BE HELD AS TIGHT AS POSSIBLE TO THE ROOF OR FLOOR DECK ABOVE. NOTHING SHALL BE BELOW THE BOTTOM EDGE OF THE STRUCTURE UNLESS PRIOR APPROVAL IS GRANTED BY THE ARCHITECT OR OWNER. ABSOLUTELY NO OBSTRUCTIONS SHALL PREVENT A FINISHED CEILING HEIGHT NOTED ON THE DRAWINGS IN THOSE AREAS RECEIVING CEILING TREATMENT. PLACEMENT COORDINATION BETWEEN TRADES IS REQUIRED. 4. CAULK & SEAL ALL CONTROL -EXPANSION, SAWCUT JOINTS AT ALL INTERIOR & EXTERIOR MASONRY & CONCRETE. PROVIDE CONSTRUCTION AND CONTROL JOINTS IN CONCRETE SLABS ON GRADE AS SHOWN OR DETAILED ON STRUCTURAL DRAWINGS, IF NOT SHOWN, PROVIDE JOINTING PLAN WALL LEGEND: EXISTING WALL NEW WALL CONSTRUCTION = = = DEMO WALL KEYNOTES DISCRIPTION ' oO' oo. o MI. =in Mid i:=I:.I 'm= NM 6 �� UPS W A PO STUDIO 560 SF 15'-2 1/8" 15'-2 1/8" i 15'-6 1/8" cF; O O I NVISION PLANNING 900 Des 515.633.2941 515.633.2942 www.invisionarch.com CONSULTANT: REVISIONS: I ARCHITECTURE Mulberry Moines, Description Iowa I INTERIORS Street Fax 50309 Date No. OWNER SIGN DATE -OFF: NAME N0 m o - - - - - - - - - - - - - PRELIMINARY NOT FOR CONSTRUCTION FOR REFERENCE ONLY THIS SHEET MUST BE PRINTED IN COLOR TO VIEW CONTENT PROPERLY Copyright 0 Page 476 of 647 C:\RevitLocalFiles\St John Catholic Church and School_R23_nancyb57W87.rvt 4/16/2024 11:16:02 AM SHEET RESPONSIBILITY:INITIAL!! ROOF PLAN 1 /8" = 1'-0" NORTH r' O O GENERAL ROOF PLAN NOTES: 1. SHADED AREAS ARE SHOWN FOR REFERENCE ONLY AND ARE GENERALLY OUTSIDE OF PROJECT SCOPE. 2. ARROWS ON THE PLAN INDICATE DIRECTION OF DRAINAGE OF THE SLOPED STRUCTURE OR TAPERED INSULATION CRICKET (SLOPED +/- 1/4" PER 12" UNLESS NOTED OTHERWISE). 3. INSTALL MANUFACTURER'S APPROVED ROOF WALKWAY PAD (36" x 36" MIN) AT TOP AND BASE OF ALL LADDERS ON ALL ROOF AREAS. 4. DETAIL REFERENCES NOTED AS "TYPICAL" ON THE PLAN ENCOMPASS ALL SIMILAR LOCATIONS ON THE PROJECT UNLESS NOTED OTHERWISE. 5. ROOF LADDERS ARE INDICATED WITH "RL#" NOTE SEE SHEET FOR ADDITIONAL INFORMATION. 6. -SLOPED ROOF- 7. ICE AND WATER SHIELD MEMBRANE UNDERLAYMENT REQUIRED FROM EAVE'S EDGE TO A POINT AT LEAST 24" INSIDE THE EXTERIOR WALL LINE OF THE BUILDING. 8. ROOF TRUSSES DESIGN BUILD BY TRUSS MANUFACTURER. 9. OVERSIZED GUTTERS AND/OR DOWNSPOUTS SHOULD BE PROVIDED TO ELIMINATE ANY OVERFLOW OR BACKUP. ROOF KEYNOTES DISCRIPTION I NVISION PLANNING 900 Des 515.633.2941 515.633.2942 www.invisionarch.com CONSULTANT: REVISIONS: I ARCHITECTURE Mulberry Moines, Description Iowa I INTERIORS Street Fax 50309 Date No. OWNER SIGN DATE -OFF: NAME N PRELIMINARY NOT FOR CONSTRUCTION FOR REFERENCE ONLY THIS SHEET MUST BE PRINTED IN COLOR TO VIEW CONTENT PROPERLY Copyright 0 Page 477 of 647 C:\RevitLocalFiles\St John Catholic Church and School_R23_nancyb57W87.rvt 4/16/2024 11:16:11 AM SHEET RESPONSIBILITY:INITIAL!! GENERAL ELEVATION NOTES: 1. SEE ARCHITECTURAL FLOOR PLANS FOR WALL TYPES, WINDOW NUMBERS, DOOR NUMBERS, AND DIMENSIONS. 2. PLACEMENT OF WALL MOUNTED ITEMS (FIRE STROBE, DOOR OPERATOR BUTTON, WALL HYDRANTS, ETC) ARE DIMENSIONED TO CENTERLINE OF ITEM. 3. HATCHED AREA IS FOR REFERENCE ONLY. 4. ANY RETURNS OR BLIND ELEVATIONS NOT SHOWN SHALL BE SIMILAR IN MATERIAL AND MAKEUP TO ADJACENT CONDITIONS OR OTHER SIMILAR CONDITIONS. 7\ 7\ / / 7 n ,anon -====== .CC.I...C. CCn.CCn, .I.I.I.I.I.I .Iililililili r r r 7 Ci r.rrrrr.r.r.r.r..r..rinrrrrrr.rre 1111 CCCCCCCC .000CCCCCCCe� SOUTH ELEVATION 1/8" = 1'-0" i z i i '- 7 7 7 C 7 CWSS IIMINEMENEMENNIMMINNIMMINNMMENEMBIENNII NORTH ELEVATION 1 /8" = 1'-0" 111 I I I I I I I I iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiY---------------- ---------------------- ----------------- ------- —� -- -===-: ==-'I BBBBBBBBBBBBBBBBBBE :III I I 1 B I I &B&BSIIIIIIE T.O. ROOF SLAB Obi 22'-8" SECOND FLOOR (1960 R) 11'-4" FIRST FLOOR (1960 R) 0'-0" PRIOR FIRST FLOOR ollik -2'-0" T.O. ROOF SLAB O 22' - 8" SECOND FLOOR (1961 R) Il 11'-4"u FIRST FLOOR (1960 R) 0'-0" PRIOR FIRST FLOOR O -2'-0" CHAPEL O -6' - 5 1 /2" GRADE O -8'-0" CHAPEL -6' - 5 1/2" GRADE ou -8'-0" I NVISION PLANNING 900 Des 515.633.2941 515.633.2942 www.invisionarch.com CONSULTANT: REVISIONS: I ARCHITECTURE Mulberry Moines, Description Iowa I INTERIORS Street Fax 50309 Date No. OWNER SIGN DATE -OFF: NAME O rn m CD N PRELIMINARY NOT FOR CONSTRUCTION FOR REFERENCE ONLY THIS SHEET MUST BE PRINTED IN COLOR TO VIEW CONTENT PROPERLY Copyrigh 0 Page 478 of 647 C:\RevitLocalFiles\St John Catholic Church and School_R23_nancyb57W87.rvt 4/16/2024 11:16:20 AM SHEET RESPONSIBILITY:INITIAL!! ----------------------------WSSSSSSSSSSSSSSSSSSSSSSSSSS — i ZUWWW 11111111114 WEST - - PARTIAL 1/8" =1'-0" T.O. ROOFSLABn 22' - 8" SECOND FLOOR (1960 R) Il 11'-4" FIRST FLOOR (1960 I Il 0'-0" PRIOR FIRST FLOOR AU -2' - 0" GRADE -8' - 0" II I III 11 I I' WEST ELEVATION 1/8" =1'-0" EAST ELEVATION 1/8" = 1'-0" --------------------.I----- ===== / 111111111111111111111111111111111111111 11 11111111111111111111111111111111111111111111111111111111 II _______________=11111111111111111111111111111111111111 1111E =======�iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii 1111* r-- BEFFERME111111111111111111111111111111111111111 1111� ----Gi---Ai—A--iiT ----------------------_---- -- — as 1 YV�YYYYYY'J�'YYYYYYYYYYYY �YYYYYY' iIiu ���l ■IIIm_ak ---_ 111���1 _���■��illltlllllli —111��■I I!'!1,�- ii = s���■I•�1I1I■�1y �111��■I�a un i i. ---_a ����■I��YYY GENERAL ELEVATION NOTES: 1. SEE ARCHITECTURAL FLOOR PLANS FOR WALL TYPES, WINDOW NUMBERS, DOOR NUMBERS, AND DIMENSIONS. 2. PLACEMENT OF WALL MOUNTED ITEMS (FIRE STROBE, DOOR OPERATOR BUTTON, WALL HYDRANTS, ETC) ARE DIMENSIONED TO CENTERLINE OF ITEM. 3. HATCHED AREA IS FOR REFERENCE ONLY. 4. ANY RETURNS OR BLIND ELEVATIONS NOT SHOWN SHALL BE SIMILAR IN MATERIAL AND MAKEUP TO ADJACENT CONDITIONS OR OTHER SIMILAR CONDITIONS. T.O. ROOF SLAB Il 22''-811 SECOND FLOOR (1960 ) Il 11'-4"u FIRST FLOOR (1960 R) 0'-0" PRIOR FIRST FLOOR Il -2''-011 CHAPEL Il -6 - 51 /2 GRADE O -8'-0" T.O. ROOF SLAB I1 22' - 8" SECOND FLOOR (1960RO 11' - 4" FIRST FLOOR 1960 R 0'-0" PRIOR FIRST FLOOR I1 -2'-0" CHAPEL -6' - 5 1/2" GRADE Au -8'-0" I NVISION PLANNING 900 Des 515.633.2941 515.633.2942 www.invisionarch.com CONSULTANT: REVISIONS: I ARCHITECTURE Mulberry Moines, Description Iowa I INTERIORS Street Fax 50309 Date No. OWNER SIGN DATE -OFF: NAME m -o-I y O � Z � � � m N.)_ ° '� z ST. JOHNS CHURCH & SCHOOL REHABILITATION �7m O O rn 't7 O r rn N m � - PRELIMINARY NOT FOR CONSTRUCTION FOR REFERENCE ONLY THIS SHEET MUST BE PRINTED IN COLOR TO VIEW CONTENT PROPERLY Copyrigh 0 Page 479 of 647 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 , 2024, by and between J & R Real Estate Holdings LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and rehabilitate 19 residential units and additional commercial space in buildings located at 1721-1729 Mulberry Street, Waterloo, Iowa (the "Property"), legally described as set forth on Exhibit "A" attached hereto. B. 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. 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. Property Preparation. Company is the owner of the Property. Company shall, at its own expense, remove and properly dispose of debris, and otherwise prepare the Property for renovation. 2. Improvements by Company. Company shall (a) remove and properly dispose of all debris and unwanted personal property, (b) rehabilitate the existing structure on the Property to produce 19 units for multi -family residential purposes, a day care center, and an events center, and (c) make other improvements to the buildings Page 480 of 647 and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement and with all applicable City, state, and federal building codes, shall comply with all applicable City ordinances and other applicable law, and shall be of a scope and scale as described in Company's plans submitted to City. 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 other work to make the project site usable for Company's purposes as contemplated by 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 rehabilitate the Property in a timely manner constitutes a material inducement for the City to extend the development 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 the work no later than June 1, 2025 (the "Start Date") and Substantially Complete rehabilitation of the buildings and all units no later than September 1, 2026 (the "Project Completion Date"). For purposes of this Agreement, "Substantially Complete" means the date on which the rehabilitation Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and City has also verified that any Project element for which no permit was necessary has been Substantially Completed. If Company does not Substantially Complete construction of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 10, and City shall then have no further obligation under this Agreement. In any circumstance where Company's progress on the Project fails to meet the schedule stated above, then 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 to begin or Substantially Complete construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then 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 (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. 4. City Incentives. City agrees to provide the following assistance to facilitate the Project: A. Grants. As provided in the City's infill housing policy, City will pay Company a grant of $5,000.00 for each apartment unit completed for a maximum 2 Page 481 of 647 total incentive of $95,000.00, payable within ninety (90) days after City has verified that the Improvements have been Substantially Completed. B. Tax Abatement. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law, provided that Company meets all requirements to qualify for such exemption. 5. 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 $2,250,000.00 (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. 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. 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. 3 Page 482 of 647 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. 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. 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. 4 Page 483 of 647 C. During construction of the Improvements and thereafter until the MAA termination date, 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 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 companies engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. E. Until the MAA termination date, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in rehabilitation and construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Until the MAA termination date Company agrees that it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. 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 Property conveyed to it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 5 Page 484 of 647 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 Improvements 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. 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. 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. 10. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, 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. 6 Page 485 of 647 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. Indemnification. 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 site or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Project site or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. The provisions of this Section shall survive the expiration or termination of this Agreement. 12. Materiality of 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. 13. 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, 7 Page 486 of 647 agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 14. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 15. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, 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 237 Prospect Avenue, Waterloo, Iowa 50703, Attention: Managing Member. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 16. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 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. 8 Page 487 of 647 18. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 19. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 22. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 23. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA J & R REAL ESTATE HOLDINGS LLC By: By: Quentin M. Hart, Mayor ReShonda Young Managing Member Attest: Kelley Felchle, City Clerk 9 Page 488 of 647 EXHIBIT "A" Legal Description of Property Lot 7, except the North 51 feet of the East 95 feet thereof, and Lot 8, except that part thereof contained in the parcel depicted in Plat of Survey Doc. #2014-18424; all in Block 4 in Zollinger's Addition to Waterloo, Iowa. AND Lots 1, 2 and 3 in Block 5 in Alford's Addition to the City of Waterloo, Iowa. AND Lot 1 in Auditor's Plat number 8, Waterloo, Iowa, except that part thereof contained in the parcel depicted in Plat of Survey Doc. #2014-18424. AND Lot 13 through 26, inclusive in Auditor's Plat number 8, Waterloo, Iowa, except those parts thereof conveyed to the State of Iowa in 281 TLD 461. AND Beginning at the Northwest corner of Lot 15 in Auditor's Plat number 8, Waterloo, Iowa; thence West along the South line of Mulberry Street, a distance of 50 feet to the Northeast corner of Lot 14 of said addition; thence South a distance of 368.6 feet to the Southeast corner of Lot 22 of said addition; thence East a distance of 50 feet to the Southwest corner of Lot 21 of said addition; thence North a distance of 367.9 feet to the point of beginning. Page 489 of 647 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2024, by and among the CITY OF WATERLOO, IOWA ("City"), J & R REAL ESTATE HOLDINGS 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 a property within a designated urban revitalization area of the City, 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 § 404.3C, 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 $2,250,000.00 (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 if the Minimum Improvements are not substantially completed by December 31, 2026 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. Page 490 of 647 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, 2036. 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 § 404.3C 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 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 2 Page 491 of 647 (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 492 of 647 CITY OF WATERLOO, IOWA J & R REAL ESTATE HOLDINGS LLC By: By: Quentin Hart, Mayor ReShonda Young Managing Member By: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK 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. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Notary Public Subscribed and sworn to before me on , 2024 by ReShonda Young as Managing Member of J & R Real Estate Holdings LLC. Notary Public 4 Page 493 of 647 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 upon completion of the improvements to be made on it, certifies that the actual value assigned to the land and improvements upon completion shall not be less than Two Million Two Hundred Fifty Thousand and 00/100 Dollars ($2,250,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2024 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 494 of 647 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 June 3, 2024 AGENDA ITEM TITLE Resolution approving a Development Agreement with Amela and Muhamed Kudic for the construction of an infill lot located at 4503 Charm Drive, including $5,000.00 of Infill Housing incentive payment upon completion of a new home, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Kudic's recently completed construction on a new home at 4503 Charm Drive and are applying for the $5,000 infill housing grant. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Nuisance Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION Lot 2, Southland Park Sixth Addition, a Replat of Lots C-5 and C-6 of Southland Park Third Addition, Waterloo, Iowa. Page 495 of 647 ATTACHMENTS 1. Kudic infill DA (done) 5-04-24 2. 4503 Charm Map Page 496 of 647 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 , 2024 by and between Amela and Muhamed Kudic (collectively, "Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. Developer has recently completed construction of a single-family dwelling and related improvements on property located in the City of Waterloo as an infill lot in an established residential neighborhood, as described on Exhibit "A" attached hereto (the "Property"). 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 Project (defined below) is being undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Property and Improvements. Developer is the owner of the Property. Developer has constructed at its own expense on the Property one (1) single-family home of 2,068 square feet with attached garage. The Improvements have been completed to a finished state, including installation of paved driveway, sidewalk, 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"). Developer represents and warrants that the Improvements have been constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and all applicable City ordinances and other applicable law. The Property, the Improvements, and all site preparation and 1 Page 497 of 647 development -related work undertaken and completed by Developer under this Agreement are collectively referred to as the "Project." 2. Incentives. To aid in the Project, City will provide the following incentives: A. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Developer a grant of $5,000.00 within sixty (60) days after the later of the date of this Agreement or the City's issuance of an occupancy permit. B. Partial Tax Exemption. Because the Property is located in a designated City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Developer or its successor in title meets all requirements to qualify for such exemption. 3. 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. 4. 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 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 about any of 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, 2 Page 498 of 647 demand or other proceeding brought by Developer 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 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 part. The provisions of this Section shall survive the expiration or termination of this Agreement. 5. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Developer to cause the construction of the Improvements on the Property to be 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. 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. 6. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer 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 Developer of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Developer shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Developer before the date of termination. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to 3 Page 499 of 647 the Developer that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 7. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 8. 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. 9. 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. 10. 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 713 Lynkaylee Drive, Waterloo, Iowa 50701. 4 Page 500 of 647 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. 11. 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. 12. 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. 13. 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 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. 14. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 15. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 16. 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. 17. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or 5 Page 501 of 647 contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 18. 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 DEVELOPER By: Quentin M. Hart, Mayor Amela Kudic Attest: Kelley Felchle, City Clerk Muhamed Kudic 6 Page 502 of 647 EXHIBIT "A" Description of Property Lot 2, Southland Park Sixth Addition, a Replat of Lots C-5 and C-6 of Southland Park Third Addition, Waterloo, Iowa. 1 Page 503 of 647 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 June 3, 2024 AGENDA ITEM TITLE Resolution approving an amendment to the Development and Minimum Assessment Agreement with Gearhart Moore Holdings, LLC, originally executed April 15, 2024, to change the name of the company to 1515 Sycamore, LLC, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The development agreement and minimum assessment agreement would be amended to substitute 1515 Sycamore, LLC as the company in lieu of Gearhart Moore Holdings, LLC, and all the agreed upon stipulations in the original development agreement approved on April 15, 2024 will still stay in force, unless otherwise amended in the future. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 505 of 647 ATTACHMENTS 1. Amendment to Development Agreement 2. Original Development Agreement - 8/7/2017 Page 506 of 647 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234.5701 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER AMENDMENT TO DEVELOPMENT AGREEMENT AND AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Amendment to Development Agreement and Amendme t to Minimum Assessment Agreement (the "Amendment") is entered into as of Z , 2024, by and between Gearhart Moore Holdings, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to a certain Development Agreement dated April 15, 2024 (the "DA"), concerning the development of land (the "Property") described on Exhibit "A" to the DA. Company and City are also parties to that certain Minimum Assessment Agreement (the "MAA") pertaining to the Property, dated as of the same date as the original DA. B. The DA contemplated that Company might assign its interest in the DA and the MAA to a different entity for project purposes, and Company desires to make an assignment in connection with an application for low- income housing tax credits. C. The parties desire to amend the DA and the MAA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The DA and the MAA are hereby amended to substitute 1515 Sycamore, LLC as "Company" in lieu of Gearhart Moore Holdings, LLC. 1515 Sycamore, LLC does hereby agree to all terms, conditions, and covenants of Company under the DA and the MAA as though 1515 Sycamore, LLC were an original party thereto, and 1515 Sycamore does hereby assume all duties of Company thereunder. Gearhart Moore Holdings, LLC is hereby released from further obligation under the DA and the MAA and hereby waives any and all right, title, interest or claim in or to the Property or any benefit Page 507 of 647 flowing to Company under the DA or the MAA. City does hereby consent to the foregoing assignment and assumption. 2. Except as modified herein, the DA and MAA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA or MAA, as applicable. The DA, MAA, and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement and Amendment to Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA GEARHART MOORE HOLDINGS, LLC By: By: Quentin Hart, Mayor Charles Moore, Manager Attest: Kelly Felchle, City Clerk 1515 SYCA ,S 'fir , LLC By: Sam ��f'son, Manager Page 508 of 647 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of i\vr-44` 1 t , 2024 by and between Gearhart Moore Holdings, LLC or its permitted assignee (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City is the owner of real property at 1515 Sycamore Street, legally described as set forth on Exhibit "A" attached hereto (the "Property"). Company desires to undertake a project on the Property and is willing and able to finance, rehabilitate and construct a total of at least 70 apartment units and related improvements thereon, upon the terms herein. B. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act'), City is engaged in carrying out urban renewal project activities in an area known as the Rath Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). C. City considers affordable housing development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. 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 in its as -is condition for the sum of $1.00 (the "Purchase Price"). Page 509 of 647 Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes. Company is responsible to conduct its own due diligence and inspections. City shall convey title to Company in accordance with the terms of Section 4.B below. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own option and expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 2. Improvements. Company shall rehabilitate and renovate the existing structure on the Property and construct not less than seventy (70) apartments, common spaces and supporting amenities, and related landscaping, storm water, paving, sidewalks, signage 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 and other applicable law. Furthermore, Company shall exercise reasonable efforts to rehabilitate the building according to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and to work with the Iowa State Historical Preservation Office in order to qualify the Project for available federal and/or State of Iowa historic tax credits. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." Improvements completed within the schedule established by Section 4 below will be eligible for the benefits provided for in this Agreement. 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the 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 such 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 Plans") 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 2 Page 510 of 647 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 Plans or 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 Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or 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 Plans or Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of 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. 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 to Company and that without said commitment City would not do so. A. Deadlines to commence and complete. Company must obtain a building permit and begin the work of rehabilitation and construction of the Improvements within four (4) months after the date of conveyance (the "Start Date") and Substantially Complete construction within twenty-four (24) months thereafter (the "Completion Deadline"). 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 element for 3 Page 511 of 647 which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph C 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 the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Time of Conveyance. City will convey title to Company within 30 days of receiving a written request from Company, provided that before such request the Project has received one or more of the following: (i) an award of 4% tax credits from the Iowa Finance Authority; (ii) an award of state and federal historic tax credits in an amount satisfactory to Company; (iii) an award of grayfield credits from the State of Iowa; (iv) an award of infill housing credits from the City; or (v) approval of a loan commitment for Project financing. Company must request conveyance of title within 48 months after the date of this Agreement, or City may, at its option, terminate this Agreement by written notice to Company. C. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of the Improvements on the schedule stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 19, 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. If City properly terminates this Agreement as provided in Section 19, 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. 5. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 4, then 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. Concurrently with delivery of the deed, Company shall also return to City the abstract of title, if provided. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. 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 4 Page 512 of 647 (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 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, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement 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. 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. 7. Utilities. Company will be responsible for extending, at its own expense, water, sewer, telephone, telecommunications, electricity, 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 the Property. Company further agrees that prior to the date, as may be extended, 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 valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $1,335,410.00 (the "Minimum Actual Value"), through: (i) willful destruction of the Property, the Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. 5 Page 513 of 647 Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. 9. Project Incentives. To aid the Project, City agrees to provide the following assistance: A. Grants. Provided that Company has completed the Improvements before the Completion Deadline, and that Company has executed an MAA as set forth in Section 8 above, City agrees to make a semi-annual grant payment (each a "Grant") to Company within five (5) business days after City receives from Company proof that Company has paid, as applicable, the general property tax installment payable in September and the immediately following March of each property tax fiscal year (a "Fiscal Year"), starting in Year One (defined below). If Company desires to expedite City's ability to issue a Grant, Company may notify City of its intent to make the tax payment up to thirty (30) days in advance of the payment due date. Subject to the terms of this Agreement, City agrees to make thirty (30) Grants to Company. Each Grant shall be an amount equal to the general property tax installment that will be delinquent if not paid in full on or before September 30 or March 31, as applicable, less $5,000.00. "Year One" is 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 Improvements on the Property are completed prior to January 1, 2026 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, 2026 assessed value would be for the Fiscal Year ending June 30, 2028. The first Grant would be payable by City on or before September 1, 2027. B. Infill Housing Incentive. In addition to any other Project incentives made available by City under this Agreement, City will pay a grant of $5,000.00 to Company as provided in the City's infill housing policy for timely completion of each dwelling unit of the Improvements. Such grant will be payable within sixty (60) days after City has verified that the Improvements have been Substantially Completed. C. Grayfield Incentive. In addition to any other Project incentives made available by City under this Agreement, City will cooperate with Company to secure a grant of up to $1,500,000.00 to Company through the State of Iowa's Brownfield and Grayfield Redevelopment Tax Credit Program (the "Grayfield Grant"). Such grant will be payable according to the terms of the grant award. Company's obligation to proceed with the Project is contingent upon award of the full amount of the Grayfield Grant. 6 Page 514 of 647 10. Limitations on Payment of Grants. A. Each payment of a Grant is subject to annual appropriation by the city council each fiscal year. City acknowledges Company is relying upon City's promises and obligations as contained in this Agreement and Company's financing for the Project is contingent upon the fulfillment of City's obligations hereunder. However, 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 Grants 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 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 9.A hereof, City shall have no obligation to make a payment of a Grant 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 Grant payment to Company, as contemplated under Section 9.A 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 circumstances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Grant payments would otherwise have been paid to Company under the terms of Section 9.A, then either party may terminate this Agreement, without penalty or other liability to the other party, by written notice to the other party. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made 7 Page 515 of 647 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. 11. Conditions to City Funding. A. The complete or initial funding by City of the Grants 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 Grant 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 Grant 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 costs and liabilities they may each so incur prior to a Grant 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 Grant 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 and/or amendment of the applicable urban renewal plan, 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 Grant 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 Grant 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 Grant 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) make it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 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: 8 Page 516 of 647 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. 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 required and 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 the MAA termination date 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 will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have an assessed value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Until termination of the MAA, Company agrees that it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. 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 Property. Company agrees that (1) it will not seek administrative review or judicial review of 9 Page 517 of 647 the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law or City ordinance, of the taxation of real property included within the Property. Company shall keep the Property secure against unauthorized entry to prevent vandalism or damage to the Property or loss of materials, tools or equipment during construction of the Improvements. 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. 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, 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. 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 10 Page 518 of 647 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. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. F. 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. 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 Property arising after Company's acquisition of the 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 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, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. 11 Page 519 of 647 C. The provisions of this Section shall survive the expiration or termination of this Agreement. 16. 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. City agrees to use its best efforts to complete such activities in a diligent and timely manner. 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. 17. 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, which shall not be unreasonably withheld or delayed. 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. 18. 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 to be commenced and Substantially 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, any part of the Property, or this Agreement, without the prior written consent of City, if such written consent is required pursuant to Section 17; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; D. Failure by any party hereto to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; 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) 12 Page 520 of 647 makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any part of 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; or G. Failure by City to diligently pursue City's obligations hereunder, including, but not limited to, funding, approving and providing the Grants described in this Agreement in a timely manner. 19. 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. 13 Page 521 of 647 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. 20. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement to be performed on the part of one party is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for the other party to enter this Agreement. Each party acknowledges that without such promises, covenants, representations, and warranties, the other party would not have entered this Agreement. Upon a party's material breach of any promise or covenant, or in the event of the material incorrectness or falsity of any representation or warranty by a party, the other party 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, in accordance with the terms of this Agreement. 21. 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. 22. 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. 23. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 2079 W. 44th Avenue, Denver, Colorado 80211, Attention: Benjamin Gearhart & Charles Moore, with copies to Company legal counsel at 314 E. 4th Street, Waterloo, Iowa 50703, Attention: Michael Young. 14 Page 522 of 647 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 15 Page 523 of 647 30. Counterparts. This Agreement may be executed in multiple counterparts, each of which, including counterparts signed electronically or signed counterparts transmitted by electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 31. 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. 32. 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 GEARHART MOORE HOLDINGS, LLC By: L Quentin M. Hart, Mayor Attest: elley Fel le, City Clerk By: Charles Moore, its Manager 16 Page 524 of 647 EXHIBIT "A" Legal Description of Property Lots 1-12, Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa; and All of the alley in Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa. Commonly known as 1515 Sycamore Street, Waterloo, IA 50707; Parcel ID # 891325259002 Page 525 of 647 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of ts" , 2024, by and among the CITY OF WATERLOO, IOWA ("City"), GEARHART MOORE HOLDINGS, LLC or its permitted assignee ("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 Rath Urban Renewal and Redevelopment 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 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$1,335,410.00 (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 if the Minimum Improvements are not substantially completed by December 31, 2025 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. Page 526 of 647 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, 2055. 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 law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or 2 Page 527 of 647 (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 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 528 of 647 CITY OF WATERLOO, IOWA By: � _ By: Quentin Hart, Mayor Kelley FelchlCity Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK On this / ` day of AO / , 2024, before me, a Notary Public in and for the State of Iowa, perso .Ily 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. GEARHART MOORE HOLDINGS, LLC By: Charles Moore, its Manager BRITNI C PERKINS COMMISSION NO. 845529 MY COMMISSION EXPIRES JANUARY 27, 2026 4 Page 529 of 647 STATE OF COLORADO ) ss. DENVER COUNTY Subscribed and sworn to before me on Mare,► is Moore as Manager of Gearhart Moore Holdings, LLC. ELIZABETH CLAVEL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194020964 MY COMMISSION EXPIRES 06/04/2027 --/ Notary Public , 2024 by Charles 5 Page 530 of 647 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 One Million Three Hundred Thirty -Five Thousand Four Hundred Ten and 00/100 Dollars ($1,335,410.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA COUNTY OF BLACK HAWK Subscribed and sworn to before me on , 2024 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 531 of 647 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 June 3, 2024 AGENDA ITEM TITLE Resolution terminating a Development and Minimum Assessment Agreement dated February 19, 2024, with NADROJ Realty, LLC, for property located south of 115 Warp Drive. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to terminate a development and minimum assessment agreement dated February 19, 2024 between the City of Waterloo and NADROJ Realty, LLC on land located south of 115 Warp Drive. The developer was going to construct a 46,080 square foot building on Lot 1 of Waterloo Air and Rail Park and had an option on Lot 2 of the same subdivision, but the project is no longer moving forward. NEIGHBORHOOD IMPACT City retains ownership of the land and will continue to show it for possibly economic development projects. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Lots 1 and 2, Waterloo Air and Rail Park 1st Addition, City of Waterloo, Black Hawk County, Iowa. Page 532 of 647 ATTACHMENTS 1. Development Agreement 2. Letter of Notice to Cancel Development Agreement Page 533 of 647 llIIIIIIlIIIIIIIIIIII!IllIllhIIIIiiiiilliii Y 0 Doc ID: 012076200026 Type GEN Recorded: 02/26/2024 at 04:18:18 PM Fee Amt: $132.00 Paqe 1 of 26 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2024-00010444 Ci%y D t 43r Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 26 2_ , by and between NADROJ Realty, LLC (the "Company") and the City of WAterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), 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 (the "Urban Renewal Area"), pursuant to the East Waterloo Unified Urban Renewal and Redevelopment Plan (the "Urban Renewal Plan"). B. Company is willing and able to finance and erect structures and related improvements on property located in the Urban Renewal Area, and legally described on Exhibit "A-1" 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 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 convey the Property to Company in its as -is condition for the sum of $1.00 (the "Purchase Price"). LL Page 534 of 647 Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes. Company is responsible to conduct its own due diligence and inspections. 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 Improvements (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 1.1. Option Property. Company shall have the option to acquire the real property described on Exhibit "A-2" attached hereto (the "Option Property") on the terms set forth in this Section. To exercise the option to purchase the Option Property, and provided that Company has completed the Improvements to a sufficient extent as determined by City in its reasonable discretion, Company shall deliver written notice of exercise to City within three (3) years from the date of this Agreement, or said option shall lapse. Company shall purchase the Option Property from the City for the sum of $1.00, on terms substantially the same as those set forth in Section 1. The Property and the Option Property are collectively referred to as the "Project Property." If Company timely exercises its option to acquire the Option Property, the parties will enter into a development agreement and minimum assessment agreement with respect to improvements to be constructed thereon by Company. 2. Improvements by Company. Company shall construct on the Property one (1) commercial building of approximately 46,080 square feet, as well as related landscaping, storm water control, paving, signage 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 and other applicable law. City may require that Company submit specific building designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." 2 Page 535 of 647 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City, including but not limited to the site plan layout attached hereto as Exhibit B. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such 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 Plans") 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 Plans or 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 Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or 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 Plans or Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of 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. 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 3 Page 536 of 647 the City to convey the Property to Company and that without said commitment City would not do so. A. Deadlines to commence and complete. Company must obtain a building permit and begin construction of the Improvements within six (6) months after the date of conveyance (the "Start Date") and Substantially Complete construction within fourteen (14) months after the date of this Agreement (the "Completion Deadline"). 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 element for which no permit was necessary has 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 the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of the Improvements on the schedule stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 19, 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. If City terminates this Agreement as provided in Section 19, 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. 5. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 4, then 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. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property conveyed back to City. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City 4 Page 537 of 647 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 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, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement 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. 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. 7. Utilities. Company will be responsible for extending, at its own expense, water, sewer, telephone, telecommunications, electricity, 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 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 "C" it will not seek or cause a reduction in the valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $1,800,000.00 (the "Minimum Actual Value"), through: (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. 5 Page 538 of 647 Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. 9. 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 Five 50% rebate each year for any taxable value added by the completed Improvements (each such payment is a "Rebate"). 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, 2026 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, 2026 assessed value would be for the Fiscal Year ending June 30, 2028, with the taxes payable one- half by September 30, 2027 and one-half by March 31, 2028, then the first Rebate could be applied for after March 31, 2028 and prior to April 1, 2029. 10. 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 6 Page 539 of 647 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 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 9 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 9 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by 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 9, 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. 11. 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 7 Page 540 of 647 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 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 or amendment of a tax increment financing (TIF) district and amendment of the urban renewal plan, 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. 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 with respect to each phase of Improvements: 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 541 of 647 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 the MAA termination date 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 will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until the MAA termination date Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Until the MAA termination date Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. 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 Property conveyed to it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property 9 Page 542 of 647 that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 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 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. 10 Page 543 of 647 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. 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 Property arising after Company's lease or acquisition of the 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 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, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 16. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all 11 Page 544 of 647 procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 17. 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. Notwithstanding the foregoing, Company may mortgage the Property to a lender as security for financing of Project improvements, but for no other purpose 18. 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 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, any part of the 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 any of the 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; 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 12 Page 545 of 647 Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of 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. 19. 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 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. 13 Page 546 of 647 20. 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. 21. 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. 22. 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. 23. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1715 W. 1st Street, Cedar Falls, Iowa 50613, Attention: Stephen R. Jordan. 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. 14 Page 547 of 647 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 30. 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. 31. 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. 15 Page 548 of 647 32. 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 NADROJ REALTY, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley FelcI jI , City Clerk Managing Member PERSONAL GUARANTY. The undersigned members and/or managers 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, if any. Liability of guarantors hereunder is joint and several. 16 Page 549 of 647 EXHIBIT "A-1" Legal Description of Property Lot 1, Waterloo Air and Rail Park 1st Addition, City of Waterloo, Black Hawk County, Iowa. 17 Page 550 of 647 EXHIBIT "A-2" Legal Description of Option Property Lot 2, Waterloo Air and Rail Park 1st Addition, City of Waterloo, Black Hawk County, Iowa. 18 Page 551 of 647 See attached. EXHIBIT "B" Site Plan Layout 19 Page 552 of 647 10.30/2D231201:23PM K11{AMe<1s1PreArnowD,LeamMWaleAoo-Jordan Oeuck9ma3fiWorkng Drawng N'AD20J Wakrg Orawng ryl SIT, PROPOSED DEVELOPMENT FOR NADROJ REALTY LLC CITY, IA ]e15 GREYHOUND DRIVE WATERLOO, IA 50301 TEL: 319.231.420 FAX: 3191393393 = KEYASSOCIATES LC ARCHITECTS BUILDERS Page-553 of 647 EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of lel, 2024 , by and among the CITY OF WATERLOO, IOWA ("City"), NADROJ ALTY, LLC ("Company"), and the COUNTY ASSESSOR of the Cityof 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-1" 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, 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 $1,728,000.00 (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 if the Minimum Improvements are not substantially completed by December 31, 2024 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. 20 Page 554 of 647 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, 2034. 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 21 Page 555 of 647 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 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] 22 Page 556 of 647 CITY OF WATERLOO, IOWA By:D.k._f__e_A-174 Quentin Hart, Mayor By: Kelley Felch(4, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK NADROJ REALTY, LLC By: Ste en R. J;drdan Managing Member On this 01 day of �titti '� 20Z1{, before me, a Notary Public in and for the State of Iowa, personally appeareuentin 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. APR'^ts LEANN M EVEN ,,, m. * COMMISSION NO. 731693 my COMMISSION EXPIRES /owa II--3-aaa STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Nota Public 23 Page 557 of 647 Subscribed and sworn to before me on A Jordan as Managing Member of NADROJ Realty, LUG Jr LoZN , by Stephen R. LC WILLIAM KENNETH FISCHER COMMISSION NO. 848786 MY CVVI • , FIRES 24 Page 558 of 647 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 Tess than One Million Eight Hundred Thousand and 00/100 Dollars ($1,800,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. or for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 77gk'dAx, ZpZ1/ , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. TIM ANDERA COMMISSION NO. 772518 MY COMMISSION EXPIRES APRIL 11, 2024 25 Page 559 of 647 CORRELL, SHEERER, JUDITH R. BENSON KEVIN D. ENGELS PATRICK C. GALLES PAUL W. DEMRO LINDSAY N.S. STANLEY Martin M. Petersen City Attorney, City of Waterloo 715 Mulberry St. Waterloo, IA 50703 Dear Marty: BENSON, ENGELS, GALLES & DEMRO, P.L.C. ATTORNEYS AT LAW 411 MAIN STREET CEDAR FALLS, IOWA 50613 TELEPHONE: (319) 277-4102 FACSIMILE : (319) 277-4124 E-MAIL: pgalles(cedarvalleylaw.com March 29, 2024 DAVID H. CORRELL,1944-2015 R. JAMES SHEERER, Retired Enclosed with this letter is a Quit Claim Deed from Nadroj Realty, LLC for Lot 1, Waterloo Air and Rail Park 1st Addition, City of Waterloo, Black Hawk County, Iowa. As you are aware, a dispute has arisen between TurnKey and my client. At this point, Nadroj is going to walk away from the project. There have been no services rendered for or materials delivered to the Lot 1. The dispute does not involve the real estate at all but needs to be resolved before my client moves forward on the project. I think it is best to keep title to the real estate clear by reconveyance to the City. I will retain the original and record it upon your confirmation. Very truly yours, CORRELL, SHEERER, BENSON DEMRO, P.L.C. PCG/cs CC: Client Page 560 of 647 Return To: City of Waterloo, Iowa, 715 Mulberry Street, Waterloo, IA 50703 Taxpayer: City of Waterloo, Iowa, 715 Mulberry Street, Waterloo, IA 50703 Preparer: Patrick C. Galles, 411 Main Street, Cedar Falls, IA 50613, Phone: 319-277-4102 QUIT CLAIM DEED For the consideration of One Dollar(s) and other valuable consideration, NADROJ Realty, LLC, a limited liability company organized and existing under the laws of Iowa, does hereby Quit Claim to the City of Waterloo, Iowa, all our right, title, interest, estate, claim and demand in the following described real estate in Black Hawk County, Iowa: Lot 1, Waterloo Air and Rail Park I st Addition, City of Waterloo, Black Hawk County, Iowa. There is no known private burial site, well, solid waste disposal site, underground storage tank, hazardous waste, or private sewage disposal system on the property as described in Iowa Code Section 558.69, and therefore the transaction is exempt from the requirement to submit a groundwater hazard statement. This deed is exempt according to Iowa Code 428A.2(6). Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. LDated: , NADROJ Realty, LLC, an Iowa limited liability Page 561 of 647 company By Ste AfrrivAiyor-j dan, Manager STATE OF IOWA, COUNTY OF BLACK HAWK This record was acknowledged before me on artn 7`�/ by Stephen R. Jordan, as Manager, of NADROJ Realty, LLC a limited liability company. CARYN SCHlPPER Commission Number 181062 My C.QmmissW Expires Signature q? otary Publi ©The Iowa state Dar Association 2024 Form No. 106, Quit Claim Deed IowaDocs® Revised June 2022 Page 562 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE June 3, 2024 AGENDA ITEM TITLE Resolution approving Amendment No. 3 with Strand Associates of Madison, Wisconsin, originally executed September 9, 2021, for design, bidding and construction -related services, in conjunction with the Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation Project, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Amendment No. 3 SUMMARY STATEMENT AND BACKGROUND INFORMATION Amendment No. 3 to the September 9, 2021, Agreement for Design, Bidding -and Construction - Related Services Wastewater Treatment Plant (WWTP) Fnal Clarifier No. 3 Rehabilitation. With changes to Scope of Services, Compensation and Schedule, and authorizing the Mayor to execute said document. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 563 of 647 ATTACHMENTS 1. 4463.016.3.Signed Page 564 of 647 h. I STRAND ASSOCIATES® Excellence in Engineeringsm Jo :h . Bunker D Corporate Secretary Strand Associates, Inc? 910 West Wingra Drive Madison, WI 53715. (P) 608.251.4843 www.strand.com May 17, 2024 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Mr. Brian Bowman, Treatment Operations Director Re: Amendment No. 3 to the September 9, 2021, Agreement for Design, Bidding-, and Construction -Related Services Wastewater Treatment Plant (WWTP)—Final Clarifier No. 3 Rehabilitation This is Amendment No. 3 to the referenced Agreement. Under Scope of Services, Items No. 15 and No. 16, CHANGE six to "12." Item No. 18, CHANGE four to "ten." Item No. 19, CHANGE three to "eight." Item No. 23, CHANGE 80 to "104." Under Compensation, CHANGE $104,100 to "$122,400." Under Schedule, CHANGE December 29, 2023, to "September 30, 2024." IN WITNESS WHEREOF the parties hereto have made and executed this Amendment. ENGINEER: STRAND ASSOCIATES, INC.® 7,4 ate OWNER: CITY OF WATERLOO Quentin M. Hart Mayor SKH:t1l\R:\MAD\Documents\Agreements\W\Waterloo, City of (1A)\W WTI_FnlClariferNo.3Rehab.2021\Agr\Amd\4463.016.3.docx Date Arizona I Illinois I Indiana I Iowa I Kentucky I Ohio I Tennessee I Texas Wisconsin Page 565 of 647 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 June 3, 2024 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with HR Green, Inc., in an amount not to exceed $17,300.00, to complete a Phase II Environmental Site Assessment at the former Waterloo Community School District's bus barn, located west of 6114 Kimball Avenue, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to enter into a professional services agreement with HR Green, Inc. to conduct a Phase II Environmental Site Assessment (ESA) at the former Waterloo Community School District's (WCSD) bus barn, which was located by the old Orange Elementary School. The school and bus barn have been demolished. The City recently acquired the land from the WCSD, and the plan is to get it redeveloped for low density residential, and completion of the Phase II ESA is being done based on findings from the Phase I ESA. Since part of the area was used for bus storage, there was an underground diesel tank, and additional boring and groundwater samples will be taken. The City and WCSD have successfully partnered together on many other former school sites and have gotten them redeveloped, and completion of this report is one step in the process to begin redevelopment of this site. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 566 of 647 Nuisance Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. con-2024-05-22-PSA Former Orange_School_Subsurfacelnvestigation Page 567 of 647 HRGreen® PROFESSIONAL SERVICES AGREEMENT For Former Orange School Investigation Noel Anderson, Community Planning and Development Director City of Waterloo, IA 715 Mulberry Street Waterloo, IA 50703 319-291-4366 Rose Amundson, Project Manager HR Green, Inc. 8710 Earhart Lane SW Cedar Rapids, IA 52404 Project Number: 2402521.01 May 22, 2024 Version 2.3 02052021 Page 568 of 647 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Version2.3 02052021 Page 569 of 647 HRGreen® Professional Services Agreement Former Orange School Subsurface Investigation 2402521.01 May 22, 2024 Page 1 of 11 THIS AGREEMENT is between City of Waterloo, IA (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding CLIENT is assisting in the redevelopment of six (6) adjoining parcels totaling approximately 23 acres described by the Black Hawk County Assessor's Office as Parcel Identification Numbers (PINs) 8813-21-226-013, 8813-21-226-012, 8813-21-226-024, 8813-21-226-015, 8813-21-226-010, and 8813-21-226-999 and owned by the CLIENT in Waterloo, Black Hawk County, Iowa (SITE). Refer to the attached map for an aerial photograph of the SITE. 2.0 Scope of Services CLIENT agrees to employ COMPANY to perform the following services: Complete a subsurface investigation consisting of up to five soil borings completed to first encountered groundwater, not to exceed 30 feet below ground surface. Groundwater samples will then be collected from each soil boring location, assuming groundwater is encountered, via a temporary well or direct -push screen deployment. Soil will be characterized the full depth of each boring and screened with a photoionization detector (PID) in the field. The unsaturated, 1- or 2-foot interval with the highest observed PID reading is the interval from which the soil sample will be collected. Soil and groundwater samples will be submitted for analytical testing for OA1 and 0A2 analysis. Soil gas testing will also be collected as from one of the sample locations. Upon the completion of field activities, COMPANY will prepare a Phase II Environmental Site Assessment documenting the findings that will include soil borings, analytical testing reports, field screening results, and tables comparing the testing results to applicable standards. COMPANY can provide CLIENT with a contract amendment, should cleanup activities or further assessment be recommended. This scope is not included in this contract. 3.0 Deliverables and Schedules Included in this Agreement COMPANY will start work in Section 2.0 upon execution of this contract. The Phase II ESA report will be made available to CLIENT no later than 30 days following execution completion of field activities. Field activities are tentatively planned to occur during the week of June 17t" Should a scope amendment be provided, an updated deliverables schedule will be provided to address scope items. This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes Version2.3 02052021 Page 570 of 647 HRGreen© Professional Services Agreement Former Orange School Subsurface Investigation 2402521.01 May 22, 2024 Page 2 of 11 in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this AGREEMENT: The scope and fee specified in this AGREEMENT does not include delineation or cleanup planning activities, wetland delineation, or other assessment and testing scope tasks beyond Section 2 of this contract. Should further activities be recommended, these will be identified with a fee and schedule in a contract amendment to CLIENT. Supplemental services not included in the AGREEMENT can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others COMPANY will utilize an analytical laboratory to analyze and provide sample results and environmental drillers to complete drilling activities. 6.0 Client Responsibilities CLIENT will provide COMPANY with the following: access to the SITE and location information for all utilities located on the SITE. 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the AGREEMENT is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non -salary expenses directly attributable to the project such as: (1) living and traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to the work; and (4) outside services will be charged in accordance with the rates current at the time the service is done. 7.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event that any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorneys' fees. Version2.3 02052021 Page 571 of 647 HRGreen® 7.3 Extra Services Professional Services Agreement Former Orange School Subsurface Investigation 2402521.01 May 22, 2024 Page 3 of 11 Any service required but not included as part of this AGREEMENT shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Per current Rate Schedule with an estimated fee of $17,300. 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This AGREEMENT and its attachments constitute the entire understanding between CLIENT and COMPANY relating to COMPANY's services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this AGREEMENT shall be in writing and signed by the parties to this AGREEMENT. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra services pursuant to this AGREEMENT, CLIENT will pay for the additional services even though an additional written agreement is not issued or signed. 8.3 Time Limit and Commencement of Services This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. The services will be commenced immediately upon receipt of this signed AGREEMENT. 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this AGREEMENT, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this AGREEMENT upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this AGREEMENT, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this AGREEMENT by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall Version2.3 02052021 Page 572 of 647 HRGreen© Professional Services Agreement Former Orange School Subsurface Investigation 2402521.01 May 22, 2024 Page 4 of 11 resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Books and Accounts COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance caused by the negligent performance by COMPANY'S employees of the functions and services required under this AGREEMENT. 8.7 Termination or Abandonment Either party has the option to terminate this AGREEMENT. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this AGREEMENT may be terminated upon seven (7) days' written notice. If any portion of the services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on COMPANY'S reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this AGREEMENT is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this AGREEMENT shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this AGREEMENT shall be made without written consent of the parties to this AGREEMENT. 8.11 Third -Party Beneficiaries Nothing contained in this AGREEMENT shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this AGREEMENT are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this AGREEMENT or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, sub -consultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this AGREEMENT and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of law provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this AGREEMENT or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. Version2.3 02052021 Page 573 of 647 HRGreen© Professional Services Agreement Former Orange School Subsurface Investigation 2402521.01 May 22, 2024 Page 5 of 11 8.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 8.14 Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this AGREEMENT, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys' fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 8.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY'S plans, specifications or other instruments of service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans, specifications or other instruments of service. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. 8.18 Opinion of Probable Construction Cost As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which Version2.3 02052021 Page 574 of 647 HRGreen© Professional Services Agreement Former Orange School Subsurface Investigation 2402521.01 May 22, 2024 Page 6 of 11 must be made, COMPANY cannot guarantee the accuracy of its opinions of cost, and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable construction cost. 8.19 Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's express written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorneys' fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30-day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate agreement. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard -copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard -copy construction documents shall govern. 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and instructions required by this AGREEMENT. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this AGREEMENT unless indicated in the Scope of Services. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; disease epidemic or pandemic; failure of any government agency to act in a timely manner; failure of performance by the CLIENT or the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. Version2.3 02052021 Page 575 of 647 HRGreen© Professional Services Agreement Former Orange School Subsurface Investigation 2402521.01 May 22, 2024 Page 7 of 11 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub - consultants at a construction site, shall relieve the general contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the general contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT'S AGREEMENT with the general contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made additional insureds on the general contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional services. The compensation to be paid COMPANY for said professional services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY'S Scope of Services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this AGREEMENT shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 8.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 8.25 Limitation of Liability In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub- Version2.3 02052021 Page 576 of 647 HRGreen© Professional Services Agreement Former Orange School Subsurface Investigation 2402521.01 May 22, 2024 Page 8 of 11 consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub -consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 8.26 Drywells, Underdrains and Other Infiltration Devices Services provided by COMPANY under this AGREEMENT do NOT include the geotechnical design of drywells, underdrains, injection wells or any other item that may be devised for the purpose of removing water from the CLIENT'S property by infiltration into the ground. Due to the high variability of soil types and conditions such devices will not be reliable in all cases. While for this reason COMPANY does not recommend the use of these devices, in some cases their use may be necessary to obtain an adequate amount of area for development on the CLIENT'S property. Since the use of these devices is intended to enhance the value of the CLIENT'S property and, in some cases, allow development that would otherwise not be possible, the CLIENT will assume all risks inherent in the design and construction of these devices, unless the contractor or a Geotechnical Engineer assumes these risks. Typical risks include but are not limited to: • Failure to obtain the required release rate; • Variability of the soils encountered during construction from those encountered in soil borings. (Soils can vary widely over a small change in location, horizontal or vertical, particularly with regards to permeability); • Failure of the device due to siltation, poor construction or changes in the water table; • Need to obtain additional soils information (i.e. borings etc.) to evaluate the function of installed devices; • Reconstruction of failed or inadequate devices; • Enlargement of detention/ retention facilities to make up for release rates that are lower than those used in the stormwater design, including engineering design and additional land required for such enlargement; and • Regular maintenance to remove accumulated silt over the device's life span. If the use of these devices is required COMPANY will advise the CLIENT that a Geotechnical Engineer must be retained to consult on the project. The CLIENT must enter into a separate agreement directly with this consultant. They will not be sub -contracted through COMPANY nor are their fees included as part of this AGREEMENT. COMPANY will work together with this consultant to obtain a final design. Our collaboration may include the use of a common standard detail or the creation of a new standard detail. COMPANY may make suggestions to the Geotechnical Engineer on ways to tailor these devices to meet the needs of the overall site design. The Geotechnical Engineer will evaluate these suggested details and modifications based on his experience and measured soils information to estimate the release rate for each detail considered. COMPANY may use a release rate of these devices as provided by the Geotechnical Engineer for the design of the stormwater system. This rate may be faxed to us, as a draft copy of the Geotechnical Engineers report or as a final copy of that report. In no case will COMPANY accept responsibility for the determination of the expected release rate of these devices. If certification of the contractor's construction of these devices is required by the municipality or desired by the CLIENT a Geotechnical Engineer must also be obtained for these services. This is highly recommended in order to observe the actual soils where the devices are being constructed and to verify that the construction methods used do not violate any assumptions made by the Geotechnical Engineer during the design and evaluation of the standard detail. If a Geotechnical Engineer is not retained by the CLIENT to provide construction review, the CLIENT shall assume all risks that the devices may fail requiring additional geotechnical investigation or reconstruction and shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys' fees arising out of or resulting therefrom. Any construction observation services provided by COMPANY shall not include these devices. 8.27 Environmental Audits/Site Assessments Environmental Audit/Site Assessment report(s) are prepared for CLIENT's sole use. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless against all damages, claims, expenses, and losses arising out of or resulting from any reuse of the Environmental Audit/Site Assessment report(s) without the written authorization of COMPANY. Version2.3 02052021 Page 577 of 647 HRGreem Professional Services Agreement Former Orange School Subsurface Investigation 2402521.01 May 22, 2024 Page 9 of 11 8.28 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this AGREEMENT, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Services will not begin until COMPANY receives a signed agreement. COMPANY's services shall be limited to those expressly set forth in this AGREEMENT and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the AGREEMENT shall be the last date entered below. Version2.3 02052021 Page 578 of 647 HRGreenm Sincerely, HR GREEN, INC. Rose Amundson Approved by: Printed/Typed Name: Title: Vice President Stacy E. Woodson CITY OF WATERLOO, IA Accepted by: Printed/Typed Name: Title: Professional Services Agreement Former Orange School Subsurface Investigation 2402521.01 May 22, 2024 Page 10 of 11 Date: May 23, 2024 Date: Version2.3 02052021 Page 579 of 647 HRGreenm 1 r• } N - - Site Map Professional Services Agreement Former Orange School Subsurface Investigation 2402521.01 May 22, 2024 Page 11 of 11 T INF NW_ Legend sdc Site Location Map Farmer Orange School City of Wa[erloo Black Hawk County. Iowa 0 200 Fee! I Inch ■ 200 feet Version2.3 02052021 Page 580 of 647 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 June 3, 2024 AGENDA ITEM TITLE Resolution approving a Project Funding Agreement with the Waterloo Development Corporation for asbestos abatement of properties located at 100 Commercial Street, 118 Sycamore Street, and 128 Sycamore Street, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo and the Waterloo Development Corporation (WDC) have worked together in the past, and intend to continue working together on the redevelopment of properties in the Downtown area, and are proposing to enter into a Project Funding Agreement, that would provide for the City to let and oversee a contract for asbestos abatement on the three WDC owned properties, including 100 Commercial Street, 118 Sycamore Street, and 128 Sycamore Street. WDC agrees to pay the City of Waterloo for our costs associated with the project, and agrees to indemnify and hold the City harmless. A similar funding agreement was done for the asbestos testing, which is now complete. Once the asbestos abatement is completed, WDC would look to enter into a similar agreement with the City to complete the demolition of the properties. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES The City of Waterloo will pay the selected contractor for the work, and then be reimbursed by WDC from Black Hawk County Gamming Association funds. Page 581 of 647 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. City-WDC project funding agt 5-01-24 Page 582 of 647 PROJECT FUNDING AGREEMENT This Project Funding Agreement (the "Agreement") is entered into effective as of , 2024, by and between Waterloo Development Corporation ("WDC") and the City of Waterloo, Iowa ("City"). RECITALS A. WDC and City have worked together, and intend to continue working together, on a project to undertake asbestos removal from WDC-owned properties, including 100 Commercial St, 118 Sycamore St, and 128 Sycamore St (the "Project"). In connection with undertaking the Project, the City will enter into certain contracts for asbestos abatement, demolition, and related matters. B. The parties desire to enter this Agreement to express their continued desire to work together for advancement of the Project on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. City Responsibility. City will let one or more contracts (the "Asbestos Removal Contracts") for professional services needed for the Project. City will utilize competitive bidding procedures as prescribed by Iowa law; will comply with all other laws or regulations which may apply to its activities in carrying out the Project; and will comply with all terms, covenants, and conditions of the Asbestos Removal Contracts. City agrees to cooperate with WDC in good faith on all future decisions regarding Project specifications and to consult with WDC from time to time regarding Project status. City will oversee all Project activities, will review and approve all requests for payment from Project contractors, and will issue payment to the requestor in timely fashion (subject to any contractual or other rights to audit, protest, or deny payment). 2. WDC Responsibility. WDC has reviewed and approved the Asbestos Removal Contracts for funding. WDC agrees to allow the City of Waterloo, its officials, officers, employees, contractors and agents, to enter the Project properties to complete the Project, and agrees to indemnify and hold harmless the City, its officials, officers, employees, contractors and agents (the "indemnified parties"), with respect to any and all claims for injuries, death, property damage, property loss or otherwise arising from or in connection with the acts or omissions of the indemnified parties in carrying out the Project, except those claims arising out of the negligent acts or omissions or willful misconduct of the indemnified parties. WDC agrees to dedicate to payment of the Asbestos Removal Contracts the sum equal to the costs associated to the Project as detailed in the Response (Proposal) from the Contractor that the City of Waterloo awards the Asbestos Removal Contracts to (the "Dedicated Sum") from the funds that it receives or is awarded from the Black Hawk County Gaming Association. Within thirty (30) days of receipt of any payment request that it receives from the City, certifying that the City has made disbursements for payment of the Asbestos Removal Contracts in an amount at least equal to the Page 583 of 647 request, WDC will remit payment to the City in the amount requested, provided that cumulative payments made to the City in connection with the Asbestos Removal Contracts shall not, in the aggregate, exceed the Dedicated Sum. WDC agrees to cooperate with City in good faith on all future decisions regarding Project specifications. 3. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: WDC Waterloo Development Corp. 360 Westfield Avenue, Suite 300 Waterloo, Iowa 50701 Attn: Jim Miller CITY City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 Attn: Aric Schroeder Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. 4. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Project Funding Agreement by their duly authorized representatives as of the date first set forth above. WATERLOO DEVELOPMENT CITY OF WATERLOO, IOWA CORPORATION By: By: Quentin Hart, Mayor Title: Attest: Kelly Felchle, City Clerk 2 Page 584 of 647 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Mohammad Elahi, Traffic Operations Director Traffic Operations Department MEETING DATE June 3, 2024 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with ISG Inc., of Waterloo, Iowa, in the amount of $3,000.00, in conjunction with preparing a Traffic Safety Improvement Program grant application for traffic signal snow cone retrofit, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Requesting approval of Resolution. SUMMARY STATEMENT AND BACKGROUND INFORMATION ISG to prepare a TSIP application for the purchase of snow cones for traffic signals. Cones to prevent snow from covering signal lenses. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Operating Budget ALTERNATIVE ACTION LEGAL DESCRIPTION Page 585 of 647 ATTACHMENTS 1. 2024-05-24_TrafficSignalSnowConeTS1PApplication_WaterloolA ISG Page 586 of 647 May 24, 2024 Mohammad Elahi Traffic Operations Director City of Waterloo 715 Mulberry Street Waterloo, IA 50703 319.294.4440 mohammad.elahi@waterloo-ia.org The General Terms and Conditions applicable to this Proposal are available at the link below and are hereby accepted and incorporated herein by reference. Upon acceptance of this Proposal, the parties can proceed with the project based on this signed Proposal, per its General Terms and Conditions, or for more complex projects, ISG, at its discretion, will prepare and require the use of an AIA or EJCDC Contract that will govern the project. General Terms + Conditions bit.ly/termsconditions_isg Acknowledgment of Acceptance This proposal is valid for 30 days. Accepted this day of , 2024. Company: Name: Title: Print Signature: Print Print RE: Professional Services Proposal for Traffic Safety Improvement Program Application Waterloo, Iowa Mohammad, ISG As the City of Waterloo looks to prepare a Traffic Safety Improvement Program (TSIP) application, ISG stands eager and ready to assist. Backed by our in-house, multi -disciplinary professionals, vast industry experience, and a sound project understanding, ISG proposes to provide the following scope of services to meet your project needs. SCOPE OF SERVICES Traffic Safety Improvement Plan (TSIP) ISG will prepare a TSIP application for the City to purchase snow cones. The intent is for the City to install the snow cones on traffic signals to keep snow from covering the lenses. COMPENSATION ISG proposes to provide the scope of work described within this proposal for compensation in the amount of $3,000. Anticipated reimbursable expenses such as travel, mileage, and printing are included. Sales tax is excluded from the compensation. ADDITIONAL SERVICES ISG's goal for this proposal, like its services, is to be flexible with accommodating your requirements. Upon request, ISG is able to provide a subsequent proposal to assist with additional professional design and construction phase services that you may require. ISG appreciates the opportunity to provide a solution tailored to the needs of the City of Waterloo. Upon acceptance of this proposal, please sign the acknowledgment box and return a copy of the proposal to our office. We look forward to providing you with responsive service, a collaborative approach, and timely delivery. Sincerely, Barrett Hubbard, PE, PTOE, RSP1 Transportation Engineer 335 Cedar Street + Suite 200 + Waterloo, IA 50701 + 319.234.1515 I ISGInc.com Page 587 of 647 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Mohammad Elahi, Traffic Operations Director Traffic Operations Department MEETING DATE June 3, 2024 AGENDA ITEM TITLE Resolution approving a Service Agreement with the University of Northern Iowa, of Cedar Falls, Iowa, in the amount of $5,368.00, in conjunction with the digitization of the City of Waterloo Traffic Ordinance, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Resolution SUMMARY STATEMENT AND BACKGROUND INFORMATION To transfer the Traffic Code stored in PDF files into a GIS database to be integrated into City's ESRI GIS system. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Operating Budget ALTERNATIVE ACTION LEGAL DESCRIPTION Page 588 of 647 ATTACHMENTS 1. UNI Contract for Services 20240524 Page 589 of 647 Contract for Services Contractor: University of Northern Iowa, henceforth "Service Provider" Issuing Entity: City of Waterloo, Iowa henceforth "Sponsor" Contract #: Contract Value: $5,368.00 Source $ Federal? Yes❑ No ❑x CFDA # N/A Period of Performance: Start Date: 06/06/2023 End Date: 9/30/2024 Project Title: Financial Terms: Cost Reimbursable X Firm Fixed Price Deliverables Based Firm Fixed Price Unit Based Other (describe): Travel priced and paid separately from fixed price quote Terms and Conditions 1. General Statement: This Contract for Services, henceforth referred to as "Contract", is between Service Provider and Sponsor to complete the scope of work provided in Attachment 2. In performing the stated scope of work Service Provider shall operate as an independent entity and not an employee or agent of Sponsor. Service Provider shall not subcontract any aspects of the project without prior written approval by Sponsor. 2. Invoicing & Payments: Sponsor shall pay Service Provider an amount not to exceed the Project Cost identified in the second line of this Contract for the services identified in Attachment 2 according to the generally accepted terms of the contract type identified in the Financial Terms section above. Payments will be made based on Service Provider standard invoice template. Service Provider.no more than monthly.- A final invoice marked "Final" will be submitted to Sponsor no later than 90 days after the end date of this Contract. Service Provider shall include a copy of the invoice with payment. Invoices shall be sent to the Sponsor's Financial Contact identified in Attachment 1. 3. Allowable Costs: Allowable costs and expenditures shall follow Sponsor's financial acquisition and expensing policies and shall not be in violation of applicable Iowa Code and the Iowa Administrative Code. No costs shall be incurred under this Contract prior to the start date or after the end date of this Contract. 4. Service Provider Internal Financial Controls: Service Provider hereby certifies that it has financial internal controls in place that ensure industry applicable regulatory compliance and adherence to industry standard cost accounting systems. 5. Technical Reporting: Matters concerning Service Provider technical performance should be directed to the Service Provider Technical Contact. Reporting intervals and formatting requirements, if applicable, shall be described in Attachment 2. 6. Administrative Requests: Changes to the terms and conditions of this Contract must be done so via bilaterally agreed upon written amendment. 7. Indemnification: Each party shall be responsible for its negligent acts or omissions and the negligent acts or omissions of its employees, officers, directors, and agents to the extent allowed by law. 8. Copyright: All copyrightable materials developed during the implementation of this contract's scope of work, such as but not limited to audiovisuals, computer programs, software, publications, curricula, research materials, training materials, etc. shall be vested with Sponsor. Service Provider may request a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use copyrighted materials for the Service Provider's normal business operations. Such permissions shall only be granted by written permission by Sponsor to Service Provider via an agreement separate of this Contract. Page 590 of 647 Contract #: 9. Intellectual Property: Title to all intellectual property developed during and resulting from the work performed under this Contract shall be owned by Sponsor. Service Provider may request permissions for royalty -free, non- exclusive, and irrevocable rights to reproduce, publish, or otherwise use intellectual property resulting from work performed under this Contract for use in performing Service Provider's normal business/operating purposes. 10. Confidentiality: For the purpose of implementing this Contract either party (Discloser) may disclose information to the other party (Receiver) it considers confidential. Any exchange of confidential information must be declared in writing by Discloser to Receiver as being confidential and if special protections are deemed necessary to protect such confidential information Discloser shall propose an amendment to this Contract detailing the special terms and conditions related to the disclosed confidential information. Said amendment shall require bilateral agreement to be valid. 11. Certifications and assurances: By signing the Contract, the authorized official of Service Provider certifies, to the best of his/her knowledge and belief that: a. Non -Discrimination. In accordance with federal and state law and Sponsor policy, the parties agree not to discriminate against any person on the basis of sex, race, creed, national origin, color, religious belief, age, disability, sexual orientation, gender identity, status as a disabled veteran or veteran of the Vietnam era, or any other basis protected by law in the performance of this Agreement. b. Conflict of Interest. The Service Provider certifies that it has established written policy guidelines on conflict of interest and the avoidance thereof and that in performing the work related to this Agreement the Service Provider shall adhere to and monitor its policy. c. Debarment, Suspension, and Other Responsibility Matters. Service Provider certifies by signing this Service Provider Agreement 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. 12. Integration: This Contract and Attachments contain the entire agreement between the parties, and no statements, promises, or inducements made by either party or agent of either party that are not contained in this written Contract shall be valid or binding; and this Contract may not be enlarged, modified, or altered except in writing signed by the parties. 13. Termination: Either party may terminate this Contract for cause or convenience with thirty days written notice. 14. Contingency: Contingency amount can only be used upon written request by the Service Provider and approval of Sponsor's Project Director/Coordinator. By an Authorized Official of Service Provider Signature Name Title Date By an Authorized Official of Sponsor: Signature Date Signature Name Quentin Hart Date Name Title Mayor Title 2 Page 591 of 647 Contract #: Attachment 1 Administrative and Project Points of Contact Sponser Contacts Service Provider Contacts Institution/Organization Institution/Organization Place of Performance UEI.: EIN: Congressional District: Registered in System for Award Management (SAM)? Yes No Institution Type: UEI.: PLZ1BS2RC597 EIN: 42-6004333 Congressional District: IA02 Registered in System for Award Management (SAM)? Yes _x _ No_ Institution Type: Institution of Higher Education. Administrative Contact Administrative Contact Name: Title: Address: Country: Telephone: Fax: E-mail: Name: Sean Parrish Title: Clerk IV Address: 213 East Bartlett Hall, Cedar Falls, IA 50613 Telephone: 319-2733025 E-mail: rsp@uni.edu Project Director/Coordinator Project Director/Coordinator Name: Mohammad Elahi Title: Traffic Operations Director Address: 625 Glenwood St, Waterloo, IA 50703 Country: USA Telephone: 319-291-4440 Fax: E-mail: mohammad.elahi@waterloo-ia.org Name: Title: Address: Telephone: Fax: E-mail: @uni.edu Financial Contact Financial Contact Name: Barbara Reiter Title: Administrative Secretary Address: 625 Glenwood St, Waterloo, IA 50703 Telephone: 319-291-4440 E-mail: traffic-invoices@waterloo-ia.org Name: Eryn Hamann Title: Accounts Specialist Address: 213 East Bartlett Hall Telephone: 319-273-7054 E-mail: eryn.hamann@uni.edu Authorized Official Authorized Official Name: Title: Address: Telephone: Fax: E-mail: Name: Tolif Hunt Title: Director RSP Address: 213 East Bartlett Hall, Cedar Falls, IA 50613 Telephone: 319-273-3025 E-mail: Tolif.hunt@uni.edu 3 Page 592 of 647 Geoinformatics Training, Research, Education, eo T r* and Extension Center Digitization of traffic ordinance information into a GIS database UNI GeoTREE Center May 14, 2024 Background and Purpose: The City of Waterloo Traffic Operations Department is hoping to translate Traffic Ordinance information that is codified (Traffic Code) in language and stored in supplied PDF files into a GIS database. This information is inherently spatial or geographic as each rule or ordnance is defined by a street segment, an intersection (a point), or some other real -world geographic feature that is in a GIS database already or could be added as a new feature in a GIS feature class. This proposal attempts to detail steps to translate that textual information into a GIS database. By building into a GIS database the Waterloo Traffic Operations staff, as well as others, will gain efficiencies in being able to see the data on a map by clicking on a feature or also being able to develop queries that reveal information in a tabular or map form. The table in the Appendix at the end of this document highlights the Ordinance sections and the potential type of GIS feature such as lines (street segments either from existing City of Waterloo GIS database or created) and points (intersections or other points to be created) which would be built into the new GIS database. Ben Wagner, City GIS Coordinator, has provided a copy of the city's street and alley GIS data (Figure 1). Below some examples are supplied to demonstrate how specific features would be translated into the database. Page 593 of 647 A I] Alleys I.'I City_Roads 1 :k Hawk ;reek fenhe It Wa terloo Reg l&nhl Airport Katoski Greenbelt Good hepherd EDE, E -. II111111 #■■� {llllrilll MI l Ill■ .101111111Wfir F:, I i' B33 fr Figure 1: City of Waterloo streets and alleys. Proposed Workflow: Evansdale Elk Run Heights Page 594 of 647 The proposed workflow will involve the following steps: • Define a GIS database schema in collaboration with City of Waterloo Traffic Operations and GIS staff o Type of features — e.g. street segments as lines, intersections and beacons as points o Attributes or properties to store per feature (section #, description, notes from details — e.g. Figure 2) o Set attribute rules (e.g. Domains for Sections) and potentially topology rules (e.g. intersections must overlap with street segment intersections). ■ For example each section will be pre-set as a Subtypes and Domain in the GIS database allowing the editor to just choose from a dropdown menu (e.g. SectionNumber will be set as a Subtype and editor will choose that from a dropdown menu to automatically set SectionDescription value). • Digitize new features (e.g. intersection point) as needed • Or select out road or alley segment from existing road network data • Set relevant attributes J wlit Star Attributes Geometr: OBJECl1D 1 SectionNumber 539 SectionDeseription Notes SubSection Figure 2: An example of digitizing an intersection for Section 539. NO TURN ALLOWED AT RED LIGHT. Campbell Avenue, Kimball Avenue an There likely will be a significant number of entries that are unclear. The GeoTREE Center will maintain separate table of those for review with the city later. For example, the below entry is not immediately clear where this is although the location is likely shown below also (Figure 3). For locations like this an extra attribute might be added to the feature table and a flag for further checking later. SEC. 539. NO TURN ALLOWED AT RED LIGHT. (A) Vehicular traffic shall not be permitted to turn at the follownrg intersections: (1) Ansborough Avenue and southbound ramp Page 595 of 647 Figure 3: An ambiguous location that might need confirmation from the city of Waterloo Figure 4 below demonstrates the process of copying exact geometric features from the City of Waterloo GIS database and pasting into the new feature class and setting the relevant attributes. SEC. 541. INCREASING SPEED LIMITS IN CERTAIN AREAS. Speeds hereinafter stated in excess of those stated in Section 150 hereof are hereby authorized on the streets or portions thereof described in this section upon the posting of signs giving notice thereof as follows: (1) STREETS Airline Highway (East) - from Logan Avenue also known as U.S. Highway 63 North to the easterly corporate limits (2) Airline Highway (West) also known as Highway 57 - from Logan Avenue to the west corporate limits (Ord. #4229, 4/21/97) (3) Ansborough Avenue - from Rainbow Drive to San Marnan Drive from San Marnan Drive to southerly corporate limits 41 9/7/82; Ord. #3554, 5/9/88; Ord. #4585, 11/18/02) (4) Baltimore Street - El El D,awirg Order P&P o, ee9m. tr ❑ all, Roads from West Fifth Street to East Ridgeway Avenue ID World Topographic Map ❑.J World Hilkhade MAXIMUM SPEED 45 mph 45 mph 35 mph 45 mph Page 596 of 647 Project Map ID Cut L=—J� Copy O Copy Path Paste Insert v �t Explore 71 i Paste Special Paste Properties • Li m ersec ons Paste Special X Paste into Template Layer StreetSegments ❑ Keep source attribute values Learn more about paste special I] C y_Roads EaSI E✓ World Topographic Map E✓ World Hlllshade Selection Layers Change the selection. A StreetSegments (19) 1 2 3 4 5 6 7 S 9 10 11 12 13 14 i5 06JEC11D (Different Values) Shape_Length (Different Values) SectionNumber 541 SubSection Nulls ISection Description Notes INCREASING SPEED LIMIT IN CERTAIN AREAS' 6aktimore Street - from West F Maxi mumSpeed 30 OK w�ei �wr rde co��e Cancel eer,.. W 3rd St Home Park Blvd e_ Kingsley Are Q,a NI Aldge.ay Ara West Centre Be Page 597 of 647 Figure 4: Copying features from Waterloo GIS feature class to new feature class with specific attributes. It is envisioned that there will need to be an original meeting with the City staff to defined the schema for the database and that subsequent phone calls and meeting will be used to refine the process and reconcile questions about ambiguous features. Deliverables and Timeline: The deliverables for the project would include an ESRI File Geodatabase with a feature created for every instance in the For GIS pages from Traffic Code 2008_REVISED 8.2020.pdf document provided. The project will begin by June 1, 2024 and be finished by August 31, 2024. GeoTREE Experience and Qualifications The GeoTREE Center will leverage their experience in GIS database development, including a history of automating geoprocessing, that has been demonstrated in many projects for agencies such as Iowa Department of Natural Resources, Iowa Department of Agriculture and Land Stewardship, Black Hawk Soil and Water Conservation District, City of Madison, WI, City of Waterloo, IA, and others. Budget Below is a budget outline including hourly rates based on the GeoTREE Center's published rates (https://www.geotree.uni.edu/en/services/). A rough estimate of 1 hour of production work per page from For GIS pages from Traffic Code 2008 REVISED 8.2020.pdf along with some cleanup work, the database design aspect and UNI's indirect cost make up the budget. GeoTREE Center -Waterloo Traffic 4peration5 Number of Indirect (8% Total Activity Hours Rate Direct Indirect) Amount Meetwith city staff to plan and design GIS database schema 12 35 420 33.6 453.6 Create features in GIS database and set attributes 155 25 3875 310 4185 Meet with city staff to work through problematic features 5 35 175 14 189 Fix or update features to complete GIS database development 20 25 500 40 540 Totals 4970 397.6 5367.6 ❑irect $4,970 Indirect $398 Project Total $5,368 Page 598 of 647 Appendix Table of ordinance sections and potential GIS feature Section Description 539 No Turn Allowed at Red Light 540 Obeediance to official traffic control device 540A Activated Hybrid Beacons 541 Increasing Speed limits in certain areas 541A Decreasing speed limits in certain areas 542 One-way streets and alleys 543 Thru-streets 544 All -way stops and intersections 545 Yield streets 546 Yield intersections 547 Stop at certain railroad crossings 548 Bus zones 548A No parking - pick up and drop off only 549 Loading zones 550 Taxicab zones 551 Parking prohibited at all times on certain streets 552 No parking between signs 553 No Parking here to corner 553A No parking here to corner Monday through Friday 554 No parking here to drive 555 No parking here to tracks 556 No parking here to alley 557 No parking mail drop 558 No parkinig hotel entrance 559 10 minute parking 559A 15 minute parking 560 30 minute parking 561 30 minute parking between 8 am and 12 noon 562 30 minute parking behind city hall 563 One hour parking Type Intersection Street Segment Point Location Street Segment Street Segment Street Segment/Alleys Street Segment Intersection Street Segment Intersection Intersection Street Segment Street Segement Steet Segment Street Segment Street Segment Street Segment Street Segment Street Segment Street Segment Street Segment Street Segment Street Segment Street Segment Street Segment Street Segment Street Segment Street Segment Note *possibly more than one *possibly more than one *possibly more than one *possibly more than one or other point? Likely new feature to be created Likely new feature to be created Likely new feature to be created Likely new feature to be created Likely new feature to be created Likely new feature to be created Likely new feature to be created Likely new feature to be created Likely new feature to be created Likely new feature to be created Likely new feature to be created Likely new feature to be created Likely new feature to be created Likely new feature to be created Page 599 of 647 564 Two hour parking Street Segment Likely new feature to be created 564A Two hour parking, 8 am to 6 pm, Monday through Friday Street Segment Likely new feature to be created 565 Two hour parking Street Segment Likely new feature to be created 566 Two hour parking, between 6 am and 8 pm Street Segment Likely new feature to be created 567 Two hour parking, between 8 am and 6 pm Street Segment Likely new feature to be created 568 Two hour parking, between 8 am and 4 pm Street Segment Likely new feature to be created 569 Three hour parking - between 8 am and 5 pm Street Segment Likely new feature to be created 570 Four hour parking Street Segment Likely new feature to be created 571 No parking 8 am to 4 pm Street Segment Likely new feature to be created 571A No parking 8a m to 4 pm during school Street Segment Likely new feature to be created 571B No parking 7 am to 4 pm during school Street Segment Likely new feature to be created 571C No parking 7 am to 3 pm during school Street Segment Likely new feature to be created 572 No parking 7 am to 4 pm during school Street Segment Likely new feature to be created 573 No parking 1 pm to 4 pm Street Segment Likely new feature to be created 574 no parking 12 noon to 4 pm Street Segment Likely new feature to be created 575 No parking 6 am to 6 pm except Sunday Street Segment Likely new feature to be created 576 No parking 11 pm to 5 am Street Segment Likely new feature to be created 577 No parking 6 pm to 5 am Street Segment Likely new feature to be created 578 No parking 10 pm to 6 am Street Segment Likely new feature to be created 579 No parking any time except Sunday Street Segment Likely new feature to be created 580 No parking any time except Sunday from 7 am to 12 pm Street Segment Likely new feature to be created 580A No parking any time except Sunday and Wednesday pm Street Segment Likely new feature to be created No parking except Friday, Saturday, and Sunday from 12 noon to 10 580B pm Street Segment Likely new feature to be created 581 School stop signs Intersection or other point? 582 Truck traffic prohibited on certain streets Street Segment 583 Buses only Street Segment Page 600 of 647 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE June 3, 2024 AGENDA ITEM TITLE Resolution approving an update to the Raise Grant Agreement, with the US Department of Transportation, originally approved May 6, 2024, in conjunction with the La Porte Road Improvements from Shaulis Road to Byron Avenue, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This updates the agreement to allow funding shifts between phases. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. HDP-8155(787)--71-07 2-24-RAISE-022A Page 601 of 647 Page 602 of 647 July 2022 IOWA DEPARTMENT OF TRANSPORTATION Federal -aid Agreement for a RAISE Discretionary Projects RECIPIENT: City of Waterloo Project No.: HDP-8155(787)--71-07 Iowa DOT Agreement No.: 2-24-RAISE-022A CFDA No. and Title: 20.205 Highway Planning and Construction (STBG and TAP) 20.933 National Infrastructure Investments (RAISE) This is an agreement between the City of Waterloo, Iowa (hereinafter referred to as the RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the DEPARTMENT). Iowa Code Sections 306A.7 and 307.44 provide for the RECIPIENT and the DEPARTMENT to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. The RECIPIENT has received Federal funding from the United States Department of Transportation (US DOT) through Division J of the Infrastructure Investment and Jobs Act, Pub. L. No 117-58 (FY 2022 Rebuilding American Infrastructure with Sustainability and Equity, hereinafter referred to as RAISE), regarding National Infrastructure Investments. RAISE funds are available to provide financial assistance for surface transportation infrastructure projects that will have a significant local or regional impact. The RECIPIENT, DEPARTMENT, and USDOT have entered into a separate agreement (hereinafter referred to as the GRANT AGREEMENT) that provides further details regarding these funds. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the DEPARTMENT agrees to provide RAISE funding to the RECIPIENT for the authorized and approved costs for eligible items associated with the project. The RECIPIENT and the DEPARTMENT previously entered into Agreement No. 2-24-RAISE-001 for the above referenced project. This agreement RESCINDS the original fully executed agreement 2-24-RAISE-001 dated May 13, 2024. The RECIPIENT and the DEPARTMENT previously entered into the following agreement(s) for the following funding sources related to the above referenced project: Funding Source Agreement No. Project No. Full Execution Date STBG 2-24-STP-U-002 HDP-8155(775)--71-07 3/12/2024 TAP 2-24-TAP-015 HDP-8155(775)--71-07 4/23/2024 STBG 2-24-STP-U-003 HDP-8155(786)--71-07 3/12/2024 STBG 2-24-STP-U-004 HDP-8155(783)--71-07 3/12/2024 STBG-SWAP 2-20-STBG-SWAP- 018A STBG-SWAP-8155(760)--SG- 07 09/08/2020 See Exhibit 2 attached for additional details related. Under this agreement, the parties further agree as follows: 1. The RECIPIENT shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The DEPARTMENT's contact person will be the Local Systems Project Development Engineer, Jenifer Bates, and the Eastern Region Local Systems Field Engineer, Dillon Feldmann. The RECIPIENT's contact person shall be the City Engineer. Page 603 of 647 Page 2 3. The RECIPIENT shall be responsible for the development and completion of the following described RAISE project phases (components): Phase 1: HDP-8155(775)--71-07 - PCC Pavement - Replace, on La Porte Rd, from E Shaulis Rd N 1.6 miles to Bopp Street, which includes intersection improvements, recreational trail, sidewalk, MET transit bus stops, street trees, plantings, and intersection lighting. Phase 2: HDP-8155(786)--71-07 - PCC Pavement - Replace, on La Porte Rd, from Plymouth Avenue N 0.7 miles to US 218 Slip Ramp which includes intersection improvements, recreational trail including the connection to 18th Street, sidewalk, MET transit bus stops, gateway features, intersection markers, street trees, plantings, and intersection lighting. Phase 3: HDP-8155(783)--71-07 - PCC Pavement - Replace, on La Porte Road, from Bopp St N 0.5 miles to Plymouth Ave which includes intersection improvements, recreational trail, sidewalk, MET transit bus stops, gateway features, intersection markers, street trees, plantings, and intersection lighting. 4. Eligible work types will be limited to Preliminary Engineering, Right of Way, Construction, and Construction Engineering. 5. Costs associated with work outside the eligible project construction limits, routine maintenance activities, operations, and monitoring expenses are not eligible. 6. The Recipient shall receive reimbursement for costs of authorized and approved eligible work types from RAISE funds and Other Federal Funds. The portion of project costs reimbursed by the Federal Share shall be limited to a maximum amount as stipulated in Schedule D of the GRANT AGREEMENT. The amount of RAISE funds and eligibility for each phase of work are further stipulated in the Approved Project Budget Table in Schedule D Article 3 of the GRANT AGREEMENT. In this agreement "Federal Share" means the sum of the total "RAISE Funds" and "Other Federal Funds" amounts that are listed in the Project Budget Table. RAISE funds may be reimbursed up to a maximum of 100% of eligible costs. However, reimbursement rates for each phase of work will be established on an individual basis by the Local Systems Field Engineer, in coordination with the RECIPIENT, to help ensure the RECIPIENT will achive the required amount of match costs needed to utilize the RAISE funds. 7. The RECIPIENT shall pay for all project costs not reimbursed with RAISE funds, STBG funds, TAP Funds, or STBG-SWAP funds. 8. If the actual project costs are less than the Total Eligible Project Cost as stipulated in Schedule D Article 3 of the GRANT AGREEMENT, the RECIPIENT agrees to reduce the RAISE funds by the difference between the Total Eligible Project Cost and the actual eligible project costs. The RECIPIENT agrees to reimburse the DEPARTMENT the value of RAISE funds previously reimbursed to the RECIPIENT that exceed the amount supported by the actual eligible project costs. The exact amount of RAISE funds available to the RECIPIENT will be determined by final audit. 9. If the project described herein drops out of the Iowa Northland Regional Council of Governments current TIP or the approved current STIP prior to obligation of Federal funds, and the RECIPIENT fails to reprogram the project in the appropriate TIP and STIP, this agreement shall become null and void. All funds shall be obligated by September 30, 2026. Claims for reimbursement shall be submitted by June 1, 2031, or the amount not paid will be de -obligated by September 30, 2031. 10. The RECIPIENT shall let the project for bids through the DEPARTMENT. 11. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 12. It is the intent of both parties that no third -party beneficiaries be created by this agreement. Page 604 of 647 Page 3 13. This agreement and the attached Exhibit 1 and Exhibit 2 (US DOT Grant Agreement and all subsequent amendments) constitute the entire agreement between the DEPARTMENT and the RECIPIENT concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT. IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. City Signature Block By Date , 20 Title of city official , certify that I am the City Clerk of Waterloo, and that , who signed said Agreement for and on behalf of the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the day of , 20 Signed Date , 20 City Clerk of Waterloo, Iowa IOWA DEPARTMENT OF TRANSPORTATION Transportation Development Division By Date , 20 Dillon Feldmann, P.E. Local Systems Field Engineer Eastern Region Page 605 of 647 Page 4 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non -primary Projects Unless otherwise specified in this agreement, the RECIPIENT shall be responsible for the following: 1. General Requirements. a. The RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the RECIPIENT, the DEPARTMENT has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at: https://www.iowadot.gov/local systems/ publications/im/Ipa ims.htm. The RECIPIENT shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the RECIPIENT shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the RECIPIENT shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. The RECIPIENT agrees to comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements, which includes the requirement to provide a copy of the Subrecipient's Title VI Plan or Agreement and Standard DOT Title VI Assurances to the Department.. c. The RECIPIENT shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When bicycle and/or pedestrian facilities are constructed, reconstructed, or altered, the RECIPIENT shall make such facilities compliant with the ADA and Section 504, which includes following the requirements set forth in Chapter 12A for sidewalks and Chapter 12B for Bicycle Facilities of the Iowa DOT Design Manual. d. To the extent allowable by law, the RECIPIENT agrees to indemnify, defend, and hold the DEPARTMENT harmless from any claim, action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews, and funding participation. e. As required by the 2 CFR 200.501 "Audit Requirements," a non -Federal entity expending $750,000 or more in Federal awards in a year shall have a single or program -specific audit conducted for that year in accordance with the provision of that part. Auditee responsibilities are addressed in Subpart F of 2 CFR 200. The Federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal Domestic Assistance (CFDA) number and title as shown on the first page of this agreement. If the RECIPIENT will pay initial project costs and request reimbursement from the DEPARTMENT, the RECIPIENT shall report this project on its SEFA. If the DEPARTMENT will pay initial project costs and then credit those accounts from which initial costs were paid, the DEPARTMENT will report this project on its SEFA. In this case, the RECIPIENT shall not report this project on its SEFA. f. The RECIPIENT shall supply the DEPARTMENT with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170. g. The RECIPIENT shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: i. The RECIPIENT shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The RECIPIENT shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. ii. The RECIPIENT shall comply with the requirements of I.M. 5.010, DBE Guidelines. Page 606 of 647 Page 5 iii. The DEPARTMENT's DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the RECIPIENT of its failure to carry out its approved program, the DEPARTMENT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the DEPARTMENT shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The Federal government, legislature or governor fail in the sole opinion of the DEPARTMENT to appropriate funds sufficient to allow the DEPARTMENT to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the DEPARTMENT to make any payment hereunder are insufficient or unavailable for any other reason as determined by the DEPARTMENT in its sole discretion; or 3) If the DEPARTMENT's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The DEPARTMENT shall provide the RECIPIENT with written notice of termination pursuant to this section. 2. Programming and Federal Authorization. a. The RECIPIENT shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The RECIPIENT shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the DEPARTMENT, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized. b. Before beginning any work for which Federal funding reimbursement will be requested, the RECIPIENT shall contact the DEPARTMENT to obtain the procedures necessary to secure FHWA authorization. The RECIPIENT shall submit a written request for FHWA authorization to the DEPARTMENT. After reviewing the RECIPIENT's request, the DEPARTMENT will forward the request to the FHWA for authorization and obligation of Federal funds. The DEPARTMENT will notify the RECIPIENT when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with Federal funds. a. Upon receiving FHWA Authorization, the RECIPIENT must show federal aid funding activity to receive the programmed amount authorized for the project. If there are no funding activity for nine or more months after the previous activity, the remaining unused programmed amount will be de -obligated from the project and there will be no further federal aid reimbursement issued for the project. If the RECIPIENT knows in advance that funding activity will not occur for the nine months, the Contract Administrator needs to be notified to determine if programming of fund can be adjusted or other options can be explored. b. Upon receipt of Federal Highway Administration (FHWA) authorization a Federal Award Identification Number (FAIN) will be assigned to this project by the FHWA based on a methodology that incorporates identifying information about the federal award such as the federal funding program code and the federal project number. This FAIN will be used to identify this project and award on the federal government's listing of financial assistance awards consistent with the Federal Funding Accountability and Transparency Act of 2006 (FFATA) at usaspending.gov. c. A period of performance for this federal funding award will be established at the time of FHWA authorization. The start date of the period of performance will be the FHWA authorization date. The project end date (PED) will be determined according to the methodology in I.M. 1.200, Federal Funds Management. Costs incurred before the start date or after the PED of the period of performance will not be eligible for reimbursement. Page 607 of 647 Page 6 3. Federal Participation in Work Performed by RECIPIENT Employees. a. If Federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition or other services provided by employees of the RECIPIENT, the RECIPIENT shall follow the procedures in I.M. 3.330, Federal -aid Participation in In -House Services. b. If Federal reimbursement will be requested for construction performed by employees of the RECIPIENT, the RECIPIENT shall follow the procedures in I.M. 6.010, Federal -aid Construction by Local Agency Forces. i. If the RECIPIENT desires to claim indirect costs associated with work performed by its employees, the RECIPIENT shall prepare and submit to the DEPARTMENT an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 200. Before incurring any indirect costs, such indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the largest amount of Federal funds to the RECIPIENT. If approved, the approved indirect cost rate shall be incorporated by means of an amendment to this agreement. 4. Design and Consultant Services a. The RECIPIENT shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the DEPARTMENT in the Guide and applicable I.M.s. b. If the RECIPIENT requests Federal funds for consultant services, the RECIPIENT and the Consultant shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require a qualifications -based selection process. The RECIPIENT shall follow the procedures for selecting and using consultants outlined in I.M. 3.310, Federal -aid Participation in Consultant Costs. c. If Preliminary Engineering (PE) work is Federally funded, and if right-of-way acquisition or actual construction of the project is not started by the close of the tenth fiscal year following the fiscal year in which the Federal funds were authorized, the RECIPIENT shall repay to the DEPARTMENT the amount of Federal funds reimbursed to the RECIPIENT for such PE work. PE includes work that is part of the development of the PS&E for a construction project. This includes environmental studies and documents, preliminary design, and final design up through and including the preparation of bidding documents. PE does not include planning or other activities that are not intended to lead to a construction project. Examples include planning, conceptual, or feasibility studies. 5. Environmental Requirements and other Agreements or Permits. a. The RECIPIENT shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The RECIPIENT shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth in I.M. 3.020, Concept Statement Instructions; 4.020, NEPA Process; 4.110 Threatened and Endangered Species; and 4.120, Cultural Resource Regulations. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the RECIPIENT shall follow the procedures in I.M. 4.170, Farmland Protection Policy Act. c. The RECIPIENT shall obtain project permits and approvals, when necessary, from the Iowa DEPARTMENT of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the DEPARTMENT, or other agencies as required. The RECIPIENT shall follow the procedures in I.M. 4.130, 404 Permit Process; 4.140, Storm Water Permits; 4.150, Iowa DNR Floodplain Permits and Regulations; 4.190, Highway Improvements in the Vicinity of Airports or Heliports, and 4.160, Asbestos Inspection, Removal, and Notification Requirements. d. In all contracts entered into by the RECIPIENT, and all subcontracts, in connection with this project that exceed $100,000, the RECIPIENT shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the RECIPIENT shall stipulate that any facility to be utilized in performance of or to benefit Page 608 of 647 Page 7 from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 6. Right -of -Way, Railroads and Utilities. a. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right -of -Way Acquisition, and the DEPARTMENT's Right of Way Bureau Local Public Agency Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures, even if no Federal funds are used for right-of-way activities. The RECIPIENT shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal funding for right-of-way acquisition, the RECIPIENT shall also obtain FHWA authorization before purchasing any needed right-of-way. b. If the project right-of-way is Federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the RECIPIENT shall repay the amount of Federal funds reimbursed for right-of-way costs to the DEPARTMENT. c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the RECIPIENT shall obtain agreements, easements, or permits as needed from the railroad. The RECIPIENT shall follow the procedures in I.M. 3.670, Work on Railroad Right -of -Way, and I.M. 3.680, Federal -aid Projects Involving Railroads. d. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way for projects on non -primary Federal -aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the RECIPIENT shall follow the DEPARTMENT's Policy for Accommodating Utilities on Primary Road System. Certain utility relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal funding reimbursement. The RECIPIENT should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. e. If the RECIPIENT desires Federal reimbursement for utility costs, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations. 7. Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer, architect, or landscape architect, as applicable, licensed in the State of Iowa. b. For projects let through the DEPARTMENT, the RECIPIENT shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the DEPARTMENT for review and approval in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the DEPARTMENT's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the RECIPIENT for individual construction items shall be approved by the DEPARTMENT. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded, and execute the contract documents in DocExpress. c. For projects that are let locally by the RECIPIENT, the RECIPIENT shall follow the procedures in I.M. 5.120, Local Letting Process - Federal -aid. Page 609 of 647 Page 8 d. The RECIPIENT shall forward a completed Project Development Certification (Form 730002) to the DEPARTMENT in accordance with I.M. 3.710, Project Development Certification Instructions. The project shall not receive FHWA Authorization for construction or be advertised for bids until after the DEPARTMENT has reviewed and approved the Project Development Certification. e. If the RECIPIENT is a city, the RECIPIENT shall comply with the public hearing requirements of the Iowa Code section 26.12. f. The RECIPIENT shall not provide the contractor with notice to proceed until after receiving notice in Doc Express that the DEPARTMENT has concurred in the contract award. 8. Construction. a. A full-time employee of the RECIPIENT shall serve as the person in responsible charge of the construction project. For cities that do not have any full-time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the DEPARTMENT. b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. c. For projects let through the DEPARTMENT, the project shall be constructed under the DEPARTMENT's Standard Specifications for Highway and Bridge Construction and the RECIPIENT shall comply with the procedures and responsibilities for materials testing according to the DEPARTMENT's Materials I.M.s. Available on-line at: http://www.iowadot.gov/erl/current/IM/navigation/nay.htm. d. For projects let locally, the RECIPIENT shall provide materials testing and certifications as required by the approved specifications. e. If the DEPARTMENT provides any materials testing services to the RECIPIENT, the DEPARTMENT will bill the RECIPIENT for such testing services according to its normal policy as per Materials I.M. 103, Inspection Services Provided to Counties, Cities, and Other State Agencies. f. The RECIPIENT shall follow the procedures in I.M. 6.000, Construction Inspection, and the DEPARTMENT's Construction Manual, as applicable, for conducting construction inspection activities. 9. Reimbursements. a. After costs have been incurred, the RECIPIENT shall submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least once every six months, but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the DEPARTMENT by August 1. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the RECIPIENT, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. Reimbursement claims shall be submitted on forms identified by the Department along with all required supporting documentation. The DEPARTMENT will reimburse the RECIPIENT for properly documented and certified claims for eligible project costs. The DEPARTMENT may withhold up to 5% of the Federal share of construction costs or 5% of the total Federal funds available for the project, whichever is less. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the DEPARTMENT determines the RECIPIENT has been overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. After the final audit or review is complete and after the RECIPIENT has provided all required paperwork, the DEPARTMENT will release the Federal funds withheld. Page 610 of 647 Page 9 e. The total funds collected by the RECIPIENT for this project shall not exceed the total project costs. The total funds collected shall include any Federal or State funds received, any special assessments made by the RECIPIENT (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the RECIPIENT do exceed the total project costs, the RECIPIENT shall either: 1) in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or 2) refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the DEPARTMENT will either credit reimbursement billings to the FHWA or credit the appropriate State fund account in the amount of refunds received from the RECIPIENT. 10. Project Close-out. a. Within 30 days of completion of construction or other activities authorized by this agreement, the RECIPIENT shall provide written notification to the DEPARTMENT. The RECIPIENT shall follow and request a final audit, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal -aid, Federal -aid Swap, and Farm -to -Market Projects. Failure to comply with the procedures will result in loss of federal funds remaining to be reimbursed and the repayment of funds already reimbursed. The RECIPIENT may be suspended from receiving federal funds on future projects. b. For construction projects, the RECIPIENT shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of Federal funds shall be made only after the DEPARTMENT accepts the project as complete. d. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make these materials available at all reasonable times for inspection by the DEPARTMENT, FHWA, or any authorized representatives of the Federal Government. Copies of these materials shall be furnished by the RECIPIENT if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval of the final closure document, the DEPARTMENT will notify the RECIPIENT of the record retention date. e. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT and the FHWA. Page 611 of 647 July 2022 EXHIBIT 2 U.S. Department of Transportation Grant Agreement Under the Fiscal Year 2022 RAISE Grant Program Page 612 of 647 U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2022 RAISE GRANT PROGRAM This agreement is between the United States Department of Transportation (the "USDOT") and the Iowa Department of Transportation (the "Recipient"). This agreement reflects the selection of the Recipient to receive a RAISE Grant for the La Porte Road Revitalization. If schedule A to this agreement identifies a Designated Subrecipient, that Designated Subrecipient is also a party to this agreement, and the parties want the Designated Subrecipient to carry out the project with the Recipient's assistance and oversight. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS. 1.1 General Terms and Conditions. (a) In this agreement, "General Terms and Conditions" means the content of the document titled "General Terms and Conditions Under the Fiscal Year 2022 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program: FHWA Projects," dated October 18, 2022, which is available at https://www.transportation.gov/policy- initiatives/raise/raise-grant-agreements. The General Terms and Conditions reference the information contained in the schedules to this agreement. The General Terms and Conditions are part of this agreement. (b) The Recipient states that it has knowledge of the General Terms and Conditions. (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient's non-compliance with the General Terms and Conditions may result in remedial action, terminating of the RAISE Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT the RAISE Grant, and reporting the non-compliance in the Federal -government -wide integrity and performance system. ARTICLE 2 SPECIAL TERMS AND CONDITIONS. There are no special terms for this award. 1 of 21 Page 613 of 647 SCHEDULE A ADMINISTRATIVE INFORMATION 1. Application. Application Title: LaPorte Road Revitalization Project Application Date: April 14, 2022 2. Recipient's Unique Entity Identifier. See section 23.3 of the General Terms and Conditions. 3. Recipient Contact(s). Dillon J. Feldmann, P.E. Eastern Region Field Engineer, Local Systems Bureau Iowa Department of Transportation 800 Lincoln Way Ames, IA 50010 515-290-5609 Dillon.feldmann@iowadot.us 4. Recipient Key Personnel. None. 5. USDOT Project Contact(s). Andrew Zimmerman, P.E. Transportation Engineer Federal Highway Administration — Iowa Division 105 6th Street Ames, Iowa 50010 515-233-7334 Andrew.zimmerman@dot.gov 6. Payment System. USDOT Payment System: FMIS 7. Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Division 8. Federal Award Identification Number. See section 23.2 of the General Terms and Conditions. 2 of 21 Page 614 of 647 9. Designated Subrecipient. Designated Subrecipient: City of Waterloo, Iowa Designated Subrecipient Project Contacts: Jamie Knutson, P.E. City Engineer City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 319-291-4312 JAMIE.KNUTSON@WATERLOO-IA.ORG 3 of 21 Page 615 of 647 SCHEDULE B PROJECT ACTIVITIES 1. General Project Description. The project will make complete streets improvements on approximately 2.7 miles of La Porte Road. The project will add sidewalks, bicycle trails, lighting, transit benches and platforms, and a bus shelter to the corridor. The project will also reconfigure the corridor to eliminate certain travel lanes, create a separated bicycle and pedestrian path, and add turn lanes in select locations throughout the corridor. 2. Statement of Work. Final Design Engineering Environmental Studies and NEPA Document Preparation Final Design of Phases 2 & 3 and Construction Documents Right -of -Way Acquisition Construction -Related Services for Components 1 - 3 Inspection & Material Testing Shop Drawing and RFI Review Construction Administration Record Drawings Construction Component 1: Reconstruction of La Porte Road from Shaulis Road to Bopp Street which includes intersection improvements, recreational trail, sidewalk, MET transit bus stops, street trees, plantings, and intersection lighting. Component 2: Reconstruction of La Porte Road from Plymouth Avenue to Hwy 218 Slip Ramp which includes intersection improvements, recreational trail including the connection to 18th Street, sidewalk, MET transit bus stops, gateway features, intersection markers, street trees, plantings, and intersection lighting. Component 3: Reconstruction of La Porte Road from Bopp Street to Plymouth Avenue includes intersection improvements, recreational trail, sidewalk, MET transit bus stops, gateway features, intersection markers, street trees, plantings, and intersection lighting. 4 of 21 Page 616 of 647 SCHEDULE C AWARD DATES AND PROJECT SCHEDULE 1. Award Dates. Budget Period End Date: June 30, 2031 Period of Performance End Date: See section 4.5 of the General Terms and Conditions 2. Estimated Project Schedule. Milestone Schedule Date Planned Completion of Final Engineering Date (Components 2 & 3): November 30, 2025 Planned Construction Substantial Completion and Open to Traffic Date (All Components): December 30, 2029 3. Special Milestone Deadlines. None. 5 of 21 Page 617 of 647 SCHEDULE D AWARD AND PROJECT FINANCIAL INFORMATION 1. Award Amount. RAISE Grant Amount: $20,500,000.00 2. Federal Obligation Information. Federal Obligation Type: Multiple Obligation Condition Table Portion of the Project Portion of the RAISE Grant Obligation Condition Base Phase: Final Engineering Components 2 & 3 $1,057,800 ............................................... ............................................... ............................................... Component 1 $8,730,000 If the FHWA IA Division reviews the PS&E for the Component and the Recipient has met all the applicable Federal, State, and Local requirements. Component 2 $7,287,875 If the FHWA IA Division reviews the PS&E for the Component and the Recipient has met all the applicable Federal, State, and Local requirements. In addition, Division will confirm that the Railroad Coordination Agreement is finalized. Component 3 $3,424,325 If the FHWA IA Division reviews the PS&E for the Component and the Recipient has met all the applicable Federal, State, and Local requirements. 6of21 Page 618 of 647 3. Approved Project Budget. Eligible Project Costs Final Eng. Comp. 2 & 3 ROW* Comp. 1 Comp. 2 Comp. 3 Total RAIS $1,057,800 $0 $8,730,00 $7,287875 $3,424,32 $20,500,0 E 0 5 00 Funds: Other $0 $0 $4,537,75 $2,830,50 $2,711,90 $10,080,1 Federa 5 0 0 55 1 Funds: Non- $824,200 $250,00 $2,815,24 $707625 $4,109,77 $8,706,84 Federa 0 5 5 5 1 Funds: Total: $1,882,000 $250,00 $16,083,0 $10,826,0 $10,246,0 $39,287,0 0 00 00 00 00 * ROW is for all three phases. 4. Cost Classification Table Reserved. 5. Approved Pre -award Costs None. The USDOT has not approved under this award any costs incurred under an advanced construction authorization (23 U.S.C. 115), any costs incurred prior to authorization (23 C.F.R. 1.9(b)), or any pre -award costs under 2 C.F.R. 200.458. 7 of 21 Page 619 of 647 SCHEDULE E CHANGES FROM APPLICATION Scope: No changes. Schedule: The project had an anticipated letting date of late 2022 with construction beginning in 2023. These dates were delayed due to time necessary to execute a grant agreement. Initial submission of the grant agreement to the FHWA was on July 25, 2023 with numerous drafts being reviewed, updated and resubmitted culminating in the current timeline with a proposed letting in July 2024. The delays with getting an approved grant agreement in place have forced delays in final plan submittal to the IDOT for letting of Phase 1, rights -of -purchasing for Phase 1, NPDES permits, and starting the final design of Phase 2 and Phase 3. Budget: The overall project cost has increased by $10,982,318 since the application was submitted. These estimated project cost increases were updated to reflect current unit bid prices and estimated quantities for the project. These costs reflect higher material and labor costs seen in projects across the country. To cover the cost increases, the recipient has increased Federal funding by adding $9,928,827 in STBG grants that were initially programmed as IDOT SWAP funds and by adding $559,941 in non -Federal funding. Previously incurred costs increased by $690,050 due to continued development of the final design plans for Phase 1 during the selection period. The table below provides a summary comparison of the Proiect budget. Fund Source Application $ % Schedule $ D % Previously Incurred Costs Federal Funds 0 0 Non -Federal Funds 731,250 1,421,300 Total Previously Incurred Costs 731,250 1,421,300 Future Eligible Project Costs _ RAISE Funds 20,500,000 71% 20,500,000 52% Other Federal Funds 151,328 1% 10,080,155 26% Non -Federal Funds 8,343,404 29% 8,706,845 22% Total Future Eligible Project Costs 28,994,732 100% 39,287,000 100% Total Project Costs 29,725,982 40,708,300 Other: No changes. 8 of 21 Page 620 of 647 SCHEDULE F RAISE PROGRAM DESIGNATIONS 1. Urban or Rural Designation. Urban -Rural Designation: Rural 2. Capital or Planning Designation. Capital -Planning Designation: Capital 3. Historically Disadvantaged Community or Area of Persistent Poverty Designation. HDC or APP Designation: No 4. Funding Act. Funding Act: IIJA 9 of 21 Page 621 of 647 SCHEDULE G RAISE PERFORMANCE MEASUREMENT INFORMATION Study Area: La Porte Road from Shaulis Road to H Baseline Measurement Date: April 3, 2024 Baseline Report Date: June 3, 2024 Table 1: Performance Measure Table 218 Slip Ramp Measure Category and Description Measurement Frequency Auto Crash Rates by Type/Severity Safety Crash rates will be measured and reported as crashes per 100 million VMT and identified by the following severity categories: fatal, injury, property damage only (PDO) crashes. Quarterly Q y Bike and Pedestrian Counts/Trips Quality of Life Average daily bicycle and pedestrian counts using National Bicycle & Pedestrian Documentation Project methodology by conducting hourly counts at key locations in the study area. Counts will be collected on a typical weekday, Saturday and Sunday and should be conducted monthly to produce quarterly average. Quarterly 10of21 Page 622 of 647 SCHEDULE H CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS 1. Consideration of Climate Change and Environmental Justice Impacts. The Recipient states that rows marked with "X" in the following table are accurate: The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Recipient or a project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.) The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.) The Project incorporates electrification infrastructure, zero -emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.) The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.) The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.) The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.) The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.) The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.) The Project supports or incorporates the construction of energy- and location - efficient buildings. (Describe how in the supporting narrative below.) 11 of21 Page 623 of 647 X The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.) The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award. 2. Supporting Narrative. The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.) o Recycling of existing pavement to use as modified subbase assists in reducing carbon emissions and construction waste. Corridor will install energy efficient LED lighting. Adaptive traffic signals will be installed to reduce traffic congestion and lower greenhouse gas emissions. 12 of21 Page 624 of 647 SCHEDULE I RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with "X" in the following table are accurate: A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.) The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity -focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.) The Project includes physical -barrier -mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) X The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.) The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 13 of 21 Page 625 of 647 2. Supporting Narrative. The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) o The Project will fill a gap in the local bicycle and pedestrian network to connect this "area of persistent poverty" and Opportunity Zone to the city's extensive network of trails. This redresses inequity in the provision of trails between disadvantaged neighborhoods and areas of greater prosperity. The existing corridor is in an area that lacks sidewalks —a sidewalk desert. The project will add Americans with Disabilities Act (ADA) accessible routes along the corridor. The ADA sidewalk route will be along the east side for portions developed and the ADA bike path will be along the west side from Shaulis Rd to the north limits of La Porte and connects to the existing trail system at W. 18th Street. This project fills in the gap in the local trail systems, and connects the local trails to the regional and national American Discovery Trail, a coast -to -coast route across the U.S. The Project will also improve the ADA accessible transit accommodations in the corridor. 14 of21 Page 626 of 647 SCHEDULE J LABOR AND WORK 1. Efforts to Support Good -Paying Jobs and Strong Labor Standards The Recipient states that rows marked with "X" in the following table are accurate: The Recipient or a project partner has adopted the use of project labor agreements in the overall delivery and implementation of the Project. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project, subject to all applicable State and local laws, policies, and procedures. (Describe the relevant provisions in the supporting narrative below.) The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.) The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.) The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre -employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.) The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) 15 of 21 Page 627 of 647 X The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including: a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor's Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements; c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti -harassment and third -party reporting procedures covering employees and contractors; and f. maintaining robust anti -retaliation measures covering employees and contractors. (Describe the equal opportunity plan in the supporting narrative below.) The Recipient has taken other actions related to the Project to create good - paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to create good - paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions related to the Project to improving good - paying jobs and strong labor standards and will not take those actions under this award. 2. Supporting Narrative. The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including: a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor's Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements; 16 of 21 Page 628 of 647 c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti -harassment and third -party reporting procedures covering employees and contractors; and f. maintaining robust anti -retaliation measures covering employees and contractors. (Describe the equal opportunity plan in the supporting narrative below.) a. This project will be let through the Iowa DOT. As part of the letting process, the Iowa DOT also has taken specific steps to ensure there is no discrimination in the awarding and administering of contracts. The Iowa DOT Standard Specifications Section 1102.19 includes the contract Equal Employment Opportunity (EEO) and Affirmative Action (AA) Requirements. The EEO and AA requirements will apply to all contracts let by the Department that equal or exceed $10,000.00. The requirements will also apply to any subcontracts that equal or exceed $10,000 if the subcontract involves a contract let by the Department. On Federal -aid projects laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60), and orders of the Secretary of Labor, as modified by this specification and imposed pursuant to 23 USC 140, shall constitute the EEO/AA standards for the Contractor's company -wide activities for contracts let by the Iowa DOT and for subcontracts involved in such contracts. The Equal Opportunity Construction Contract Specifications, set forth under 41 CFR 60-4.3, and the provisions of the American Disabilities Act of 1990 (42 USC 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630, are both incorporated by reference in contracts and subcontracts utilized by the Iowa DOT. b. The Iowa DOT Standard Specifications Section 1102.19 requires compliance with Executive Order 11246. The Office of Federal Contract Compliance Programs, within the US DOL, is the only party having authority to determine enforcement of and compliance with Executive Order 11246 requirements incorporated in contracts and subcontracts utilized by the Iowa DOT. The Office of Federal Contract Compliance Programs, within the US DOL, is the only party having authority to determine enforcement of and compliance with Executive Order 11246 requirements incorporated in contracts and subcontracts utilized by the Department. Included among these requirements are the equal opportunity clause, contained in 41 CFR 60-1.4; the Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity, contained in 41 CFR 60-4.2; and (3) the Standard Federal Equal Employment Opportunity Construction Contract Specifications, contained in 41 CFR 60-4.3. c. The City of Waterloo passed the Fair Chance Initiative Ordinance and Amendment in 2020. This ordinance was to remove barriers to employment, judge applicants on their qualifications, reduce recidivism and enhance good business practice and workforce needs. If a person feels aggrieved, a complaint can be filed with the City of Waterloo 17 of 21 Page 629 of 647 Human Rights Commission or with the Iowa Civil Rights Commission. If a complaint is filed with the City of Waterloo Human Rights Commission, the City Attorney will then investigate the alleged complaint and issue a finding, including possible fines and refer the complaint to the Iowa Civil Rights Commission. Effective with the Jan. 21, 2015 letting, potential prime contractors will need to have a Bidder Status Form on file in order to be authorized to bid on any contract let at the Iowa Department of Transportation's Office of Contracts. This is to comply with reciprocal resident bidder preference provisions of Iowa Code 73A.21 and 875 Iowa Administrative Code Chapter 156. At no point is the previous criminal history of a prospective bidder considered in the pre -qualification process. d. The Iowa DOT Standard Specifications Section 1102.19 requires the Contractor's/Subcontractor's EEO/AA Policy to include EEO/AA Operating Statement. "It is the policy of this Company to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age, or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training." The Equal Opportunity Construction Contract Specifications, set forth under 41 CFR 60-4.3 is incorporated by reference in contracts and subcontracts utilized by the Iowa DOT. e. The Iowa DOT Office of Civil Rights hosts several "Title VI Overview with Workshops" across the state. This training will explain the purpose of Title VI and the process of completing the documentation necessary for your organization to be considered "in compliance." f. Per Iowa DOT Specifications and Federal law, retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination by Federal contractors under these Federal laws. The Know Your Rights: Workplace Discrimination is Illegal notices are posted to the job board during the duration of a project. 18 of21 Page 630 of 647 RECIPIENT SIGNATURE PAGE The Recipient, intending to be legally bound, is signing this agreement on the date stated opposite that party's signature. Iowa Depai tnient of Transportation May 13, 2024 By: Date Signature of Recipient's Authorized Representative Dillon J. Feldmann, P.E. Name Eastern Region Field Engineer, Local Systems Bureau Title 19 of 21 Page 631 of 647 DESIGNATED SUBRECIPIENT SIGNATURE PAGE The Designated Subrecipient, intending to be legally bound, is signing this agreement on the date stated opposite that party's signature. City of Waterloo 5/6/2024 6Q1,te in Sri By: Date Signature of Designated Subrecipient's Authorized Representative Quentin Hart Name Mayor Title 20 of 21 Page 632 of 647 USDOT SIGNATURE PAGE The USDOT, intending to be legally bound, is signing this agreement on the date stated opposite that party's signature. May 13, 2024 Date UNITED STATES DEPARTMENT OF TRANSPORTATION By: /i Date: 2024.05.13 20:28:13-05'00' Signature of USDOT's Authorized Representative Timothy C. Marshall, P.E. Name FHWA Iowa Division Administrator Title 21 of21 Page 633 of 647 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 June 3, 2024 AGENDA ITEM TITLE Resolution approving a Permanent Easement Agreement and Temporary Construction Easement Agreement with Stevana M. 0 Connor, for property located at 2203 La Porte Road, in the amount of $423.62, in conjunction with the La Porte Road Reconstruction Project, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval of Purchase Agreement SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo is acquiring property and easements for the reconstruction of La Porte Road. The first phase of the reconstruction project includes acquisitions from 24 parcels. Only one property owner has not yet signed for the needed acquisitions. NEIGHBORHOOD IMPACT The acquisition would have a positive impact on the neighborhood. The acquisitions are needed for the reconstruction project. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Grant and bond funds. ALTERNATIVE ACTION LEGAL DESCRIPTION Description: Parcel LPR111 Permanent Easement Page 634 of 647 A parcel of land situated in part Lot 14 of Murphy Subdivision, City of Waterloo, County of Black Hawk, State of Iowa, more particularly described as follows: Commencing at the Southerly most corner of said Lot 14; thence North 54°55'55" East (assumed bearing for the purpose of this description) along the Southeasterly line of said Lot 14, a distance of 12.00 feet to the present Northeasterly right-of-way line of La Porte Road, being the Point of Beginning; thence North 34°53'30" West along the present Northeasterly right-of-way line of La Porte Road, 62.30 feet; thence North 54°55'55" East, 9.00 feet; thence South 34°53'30" East, 62.30 feet to the Southeasterly line of said Lot 14; thence South 54°55'55" West along the Southeasterly line of said Lot 14, a distance of 9.00 feet to the Point of Beginning. Containing 561 Square Feet. ATTACHMENTS 1. Signed Agreement LPR111 - Stevana M 0 Connor 2203 La Porte Rd Page 635 of 647 Prepared by: Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. Phone (319) 291-4366 After recording, return to City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, Attn: Aric Schroeder. EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of 2024, by and Stevana M. 0 Connor ("Grantor"), and the City of Waterloo, Iowa ("Grantee"). 1. Grant of Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration in the amount of $423.62, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a permanent easement (the "Easement") in, to, upon, over, beneath and across a strip of land seven (the "Easement Area"), as depicted and legally described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Premises"). 2. Purpose. The Easement is intended primarily for purposes of a storm sewer and surface drainage of storm water, and Grantee, its officers, employees, contractors, and agents, shall have reasonable rights of ingress and egress over, across, and upon the Premises for purposes of inspecting, constructing, installing, operating, repairing, maintaining, replacing, and upgrading the Easement Area and such pipes, conduits, infrastructure and other facilities as Grantee deems necessary to accomplish the purposes of the Easement. Grantee shall have the right, but not the obligation, to trim and/or remove grasses, bushes, trees, and other vegetation from the Easement Area as reasonably necessary in support of the Easement purposes and related activities. If Grantee's Easement activities disturb the soil, upon completion Grantee shall level the soil and otherwise make reasonable effort to restore the Premises to the condition it was in before work commenced. 3. Miscellaneous Provisions. This Agreement shall run with the land and is binding upon and shall inure to the benefit of the parties and their respective successors, assigns and transferees. References in the singular number include the plural, and vice versa. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. Page 636 of 647 STEVANA M 0 CONNOR Title: Owner STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on as owner. I(PC=L s JENNIFER R OESTE 2 * w COM ISSI N NO. 199696 * * M IOWA STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) CITY OF WATERLOO, IOWA Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk , 2024, by :Gon O `Crane 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 4 Page 637 of 647 EXHIBIT "A" Description: Parcel LPR111 Permanent Easement Owner: Stevana M 0 Connor A parcel of land situated in part Lot 14 of Murphy Subdivision, City of Waterloo, County of Black Hawk, State of Iowa, more particularly described as follows: Commencing at the Southerly most corner of said Lot 14; thence North 54°55'55" East (assumed bearing for the purpose of this description) along the Southeasterly line of said Lot 14, a distance of 12.00 feet to the present Northeasterly right-of-way line of La Porte Road, being the Point of Beginning; thence North 34°53'30" West along the present Northeasterly right-of-way line of La Porte Road, 62.30 feet; thence North 54°55'55" East, 9.00 feet; thence South 34°53'30" East, 62.30 feet to the Southeasterly line of said Lot 14; thence South 54°55'55" West along the Southeasterly line of said Lot 14, a distance of 9.00 feet to the Point of Beginning. Containing 561 Square Feet. Page 638 of 647 Prepared by: Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 — (319) 291-4366 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the "Agreement") is entered into as of , 2024 by and between Stevana M 0 Connor ("Grantor"), and the City of Waterloo, Iowa ("Grantee"). 1. Grant of Temporary Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a temporary easement for purposes relating to construction of the Improvements (the "Temporary Easement") in, to, upon, over, across, and beneath the real estate (the "Temporary Easement Premises") as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. The Temporary Easement shall expire upon conclusion of all construction, cleanup, and demobilization activities upon the Premises and adjacent land, or December 31, 2025, whichever occurs first. 2. Purpose. The Temporary Easement Premises is intended for use by Grantee, its employees, contractors and agents, to reconstruct La Porte Road and make necessary utility improvements (the "Improvements"). It is the intention of the parties that Grantee shall assume all responsibility for the construction of the Improvements adjacent to the Premises, and that Grantor shall have no liability relating to the Easement or the Improvements except as may arise from the Grantor's own negligent acts or omissions or willful misconduct. 3. Grantor Duties and Privileges. Grantor shall deliver possession of the Temporary Easement Premises to Grantee, "as is, where is", without any representation or warranty as to the condition of same. Grantor shall have no duty to prepare the Temporary Easement Premises in any way for Grantee's use. Following transfer of possession of the Temporary Easement Premises, Grantor shall have no further duty or obligation with respect to same, except as set forth herein. Grantor may mow or care for grasses and vegetation growing in the Temporary Easement Premises during the period of this Agreement, but may not conduct other activities upon the Temporary Easement Premises without the prior written consent of Grantee. Grantor agrees that any activities that Grantor, its officers, employees, contractors or agents undertake on the Temporary Easement Premises during the term hereof shall be at their sole risk, and Grantor hereby agrees to indemnify Grantee, its officials, officers, employees, contractors and agents, with respect to any and all claims for injuries, death, property damage, property loss or otherwise, arising from the acts or omissions of Grantor, its officers, employees, Page 639 of 647 contractors or agents, on or about the Temporary Easement Premises during the term of this Agreement. IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. STEVANA M 0 CONNOR CITY OF WATERLOO, IOWA By: ;in. el By: Title: Owner STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on JENNIFER R OESTERLE COMMISSION O. 199696 MY STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Attest: Quentin M. Hart, Mayor Kelley Felchle, City Clerk , 2024, by JCSj p& as-dwner. 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 7 Page 640 of 647 • LPR I I I 0 CONNOR,STEVANA M PARCEL ID:8813013O10O8 TEMPORARY EASEMENT x?.' 203 SF. - PERMANENT EASEMENT 560 SF TREES TO BE PROTECTED PROPOSED TEMP, EASEMENTt = 22.5' • k 62.3' at GRADING LIMITS " MAILBOX TO BE REMOVED REI,NSTALLEO co + 0 RIGHT-OF-WAY/PROPERTY LINE'S PERM. EASEMENT LINES TEMP. EASEMENT LINES PERMANENT ACQUISITION PERMANENT EASEMENT TEMPORARY EASEMENT 0 0 0 0 0 FARCE. LPR111 PHASE 1 AECOM Figure 11 Temporary and Permanent Easement 0 CONNOR, STEVANA M La Porte Road Reconstruction Waterloo, Iowa 60E22689 Page 641 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Traffic Operations Department MEETING DATE June 3, 2024 AGENDA ITEM TITLE An ordinance amending the City of Waterloo Code of Ordinances by amending the City of Waterloo Traffic Code by adding Subsection (4) Johnson Street to Section 542, One -Way Streets and Alleys. RECOMMENDED COUNCIL ACTION Pass Ordinace SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT Help with traffic flow during school drop off and pickup times. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Letters were mailed to residents/property owners. SOURCE OF EXPENDITURES Operating Budget ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Sec 542-One-Way Streets and Alleys -Johnson Street Page 642 of 647 ORDINANCE NO. AN ORDINANCE AMENDING THE 2020 TRAFFIC CODE BY ADDING SUBSECTION (4) JOHNSON STREET TO SECTION 542, ONE-WAY STREETS AND ALLEYS, OF THE 2020 TRAFFIC CODE, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (4) Johnson Street of Section 542, One -Way Streets and Alleys, of the 2020 Traffic Code, is hereby added as follows: (4) Johnson Street East to West from Western Avenue to Baltimore Street. 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 643 of 647 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Traffic Operations Department MEETING DATE June 3, 2024 AGENDA ITEM TITLE An ordinance amending the Code of Ordinances by amending the City of Waterloo Traffic Code by adding Subsection (16a) Western Avenue to Section 542, One -Way Streets and Alleys. RECOMMENDED COUNCIL ACTION Pass Ordinance SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT Will help with congestion during school drop off and pickup times. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Letters have been mailed to the residents or property owners. SOURCE OF EXPENDITURES Operating Budget ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Sec 542-One Way Streets and Alleys -Western Avenue 2. Letter to residents Western Ave and Johnson St One -Way Streets Page 644 of 647 Page 645 of 647 ORDINANCE NO. AN ORDINANCE AMENDING THE 2020 TRAFFIC CODE BY ADDING SUBSECTION (16a) WESTERN AVENUE TO SECTION 542, ONE-WAY STREETS AND ALLEYS, OF THE 2020 TRAFFIC CODE, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (16a) Western Avenue of Section 542, One -Way Streets and Alleys, of the 2020 Traffic Code, is hereby added as follows: (16a) Western Avenue South to North from Pleasant Street to Johnson Street. 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 646 of 647 WA4' 4ThO 7111 Mayor QUENTIN HART COUNCIL MEMBERS JOHN CHILES Ward 1 DAVE BOESEN Ward 2 NIA WILDER Ward 3 BELINDA CREIGHTON-SMITH Ward 4 RAY FEUSS Ward 5 ROB NICHOLS At -Large STEVE SIMON At -Large CITY OF WATERLOO, IOWA Waterloo Public Works Division Traffic Operations 625 Glenwood St. • Waterloo, IA 50703 • Phone (319) 291-4440 • Fax (319)232-0264 April 16, 2024 RE: One -Way Streets June 3rd, 2024 To: Residents of Western Avenue and Johnson Street We are planning to change the traffic flow direction on Western Avenue and Johnson Street from 2-way to 1-way. If you have any concerns or questions, please let us know at (319) 291-4440 or email barbara.reiter@waterloo-ia.org. The Waterloo City Council will meet on June 3rd, 2024, to hold a public hearing and act on an ordinance for the proposed change. You are welcome to attend the meeting. Thank you, Barbara Reiter City of Waterloo — Traffic Department WE'RE WORKING FOR YOU, An Equal Opportunity/Affirmative Action Employer Page 647 of 647