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Council Packet - 1/6/2025
CITY OF �4iLTERLOO IOWA THECITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, January 6, 2025 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 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 Page 1 of 578 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, Dave Boesen, Ward 2 Council Member Approval of Agenda Approval of Minutes of December 16, 2024, Regular 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 Page 2 of 578 The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as January 23, 2025, and date of public hearing as February 3, 2025, in conjunction with the FY 2023 Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Project, Contract No. 1062, and instruct City Clerk to publish said notice. 3. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as January 23, 2025, and date of public hearing as February 3, 2025, in conjunction with Demolition and Site Clearance Services, Contract No. D-2025-01-05P, and instruct the City Clerk to publish notice. 4. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as January 23, 2025, and date of public hearing as February 3, 2025, in conjunction with Demolition and Site Clearance Services, Contract No. D-2025-01-03P, and instruct the City Clerk to publish notice. 5. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as February 6, 2025 and date of public hearing as February 17, 2025, in conjunction with the Terminal Security Upgrades, IDOT CSVI FY-24 Project, Contract No. 5819, and direct City Clerk to publish said notice. 6. Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin -home unit valued at $250,000.00, for property located at 4142 Omaha Avenue and located in the City Limits Urban Revitalization Area (CLURA). 7. Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin -home unit valued at $200,000.00, for property located at 4143 Omaha Avenue and located in the City Limits Urban Revitalization Area (CLURA). 8. Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin -home unit valued at $200,000.00, for property located at 4144 Omaha Avenue and located in the City Limits Urban Revitalization Area (CLURA). 9. Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin -home unit valued at $250,000.00, for property located at 4145 Omaha Avenue and located in the City Limits Urban Revitalization Area (CLURA). 10. Resolution approving the request by Babic Properties LLC., for tax exemptions on the construction of a new single-family unit valued at $400,500.00, for property located at 110 Kestrel Circle and located in the City Limits Urban Revitalization Area (CLURA). Page 3 of 578 11. Resolution approving the request by Andrew and Christa Miehe, for tax exemptions on the construction of a new single-family home valued at $950,000.00, for property located at 133 Kimberly Lane and located in the City Limits Urban Revitalization Area (CLURA). 12. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Municipal Pipe Tool Co., of Hudson, IA, in the amount of $56,745.60, in conjunction with the FY 2023 CIP Pipelining Phase IVA3 Project, Contract No. 1063, and receive and file a two-year maintenance bond. Submitted by: Randy Bennett, Public Works Division Manager 13. Motion approving Change Order No. 1 with Peters Construction Corporation, of Waterloo, Iowa, for a net increase of $11,898.00, in conjunction with the City of Waterloo Parking Ramp, Atrium and Skywalk update and Commercial Street Parking Ramp, and authorizing the Mayor and City Clerk to execute said document. 14. Motion approving Change Order No. 5 with WRH, Inc., of South Amana, Iowa, for a net increase of $4,048.41, in conjunction with Titus Lift Station and Force Main, Contract No. 975, and authorizing the Mayor to execute said document. 15. Motion approving appointment of Kyler Fischels from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective January 7, 2025. 16. Motion to approve the appointment of Vincent Walker from the current Civil Service List to the position of Park Maintenance II - Construction, in the Leisure Services Department, effective January 27, 2025. 17. Motion to receive and file Leisure Services Commission Board minutes of October 8, 2024, and November 12, 2024. 18. Motion to receive and file Airport Board minutes of November 13, 2024. 19. Complete Streets Advisory Committee minutes of October 29, 2024. 20. Historic Preservation Commission minutes of August 20, 2024, September 17, 2024, October 15, 2024, and November 19, 2024. 21. Planning, Programing, and Zoning Commission minutes of October 8, 2024, and November 12, 2024. 22. Liquor Licenses a. Casey's General Store #3880, 1900 W. Ridgeway Ave., Class E Retail and Sunday Sales, 2/1/2025. b. Club Ambassador, 313 W. 5th Street, Class C w/Outdoor Service Exp: 12/15/2025. c. Medo's, 1010 E. Mitchell Ave., Suite 6, Class C w/Outdoor Service Exp: 9/8/2025. d. Single Speed Brewing Co., 325 Commercial Street, Class C, Special Class A Beer Permit, Catering and Outdoor Service Exp: 12/31/2025. e. The Other Place, 360 E. Ridgeway, Class C Exp: 01/25/2026. f. Aldi #33, 1918 Schukei Road, Class C Exp: 11/20/2025. g. Spectra Venue Management, 200 W. 4th Street, Class C with outdoor service and Page 4 of 578 catering Exp: 1/31/2026. h. Maple Lanes Bowling, Inc. 2608 University Ave., Exp: 7/22/2025 - Ownership Update PUBLIC HEARINGS 1. Sale and conveyance of city -owned property, located at the northeast corner of the CN Railroad and Leversee Road, in the amount of $1.00, to International Paper Company, including approval of a Development Agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution approving the sale and conveyance of city -owned property, located at the northeast corner of the CN Railroad and Leversee Road, in the amount of $1.00, to International Paper Company, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with International Paper Company, for the construction of 800,000 square feet of industrial building with tax rebates for fifteen years at fifty percent with a minimum assessed value of $40,000,000.00, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director RESOLUTIONS 1. Sale and conveyance of city -owned properties located at 1027 W. 3rd Street and 128 Lincoln Street, in the amount of $25,200.00, to Rock Star Real Estate, LLC. Submitted by: Noel Anderson, Community Planning and Development Director 2. Resolution approving a Development Agreement with Rock Star Real Estate, LLC in conjunction with the rehabilitation of 1027 W. 3rd Street and 128 Lincoln Street, including a grant of $10,000.00 for partial purchase price refund and a grant of $10,000.00 for infill housing incentive, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 3. Resolution approving a request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 4th Addition, a 39-lot industrial subdivision in the "M-2,P" Planned Industrial District, located east of 4050 Leversee Road. Submitted by: Noel Anderson, Community Planning and Development Director 4. Resolution approving the acceptance of a deed and donation of real property to the City of Waterloo from Said Maktal and Samia Sheikh Alisufi, for property located at 406 Randall Street, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 5. Resolution approving a request by Robson Homes Inc., for the Preliminary Plat of Prairie Meadow Estates First Addition, a 49-lot residential subdivision in the "R-3" Multiple Residence District located east of Omaha Avenue. Page 5 of 578 Submitted by: Noel Anderson, Community Planning and Development Director 6. Resolution approving a Development Agreement with E & A Properties, LLC, for the construction of a new single-family house on an infill lot, located at 835 Jane Street, including a $5,000.00 infill incentive upon substantial completion, and authorizing Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 7. Resolution approving the suspension of civil service hiring practices for entrance positions as authorized by Iowa Code Section 400.12A for the time period January 7, 2025 to January 6, 2026. Submitted by: Missy Gearhart, Assistant Human Resources Director 8. Resolution approving the 2025 Sports & Aquatics Program Rates. Submitted by: Todd Derifield, Leisure Services Interim Director 9. Resolution approving an Agreement for Professional Services with ALLiiANCE of Minneapolis, MN, for a not -to -exceed amount of $12,300.00, in conjunction with the FY-25 IDOT CSVI Terminal Interior Vision Plan Project, and authorizing the Director of Aviation to execute said document. Submitted by: Steven Kjergaard, Director of Aviation 10. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $425,900.00, in conjunction with the Rehabilitate Runway 18/36 Project, FAA AIP 3-19-0094-0XX-2025, and authorizing the Mayor to execute said document. Submitted by: Steven Kjergaard, Director of Aviation 11. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc of Waterloo, IA, in the amount of $158,900.00, in conjunction with the Replace Aircraft Passenger Boarding Bridge Project, FAA AIP 3-19-0094-0XX-2025, and authorizing the Mayor to execute said document. Submitted by: Steven Kjergaard, Director of Aviation 12. Resolution directing sale of $3,560,000.00* (Subject to adjustment per terms of offering) General Obligation Urban Renewal Bonds, Series 2025A. Submitted by: Bridgett Wood, Finance Director 13. Resolution directing sale of $28,590,000* (Subject to adjustment per terms of offering) Taxable General Obligation Urban Renewal Bonds, Series 2025B. Submitted by: Bridgett Wood, Finance Director ADJOURNMENT Motion to adjourn. Page 6 of 578 Kelley Felchle City Clerk Page 7 of 578 December 16, 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, December 16, 2024. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr. Chiles, Mr. Simon, Ms. Wilder and Mr. Feuss. Prayer or Moment of Silence. Pledge of Allegiance, Ray Feuss, Ward 5 Council Member. Approval of Agenda as proposed or amended. Feuss/Nichols that the agenda as proposed, be approved. Voice vote -Ayes: Seven. Motion carried. Approval of Minutes of the December 2, 2024, Regular Council Session, as proposed or amended. Feuss/Nichols that the minutes of December 2, 2024, Regular Council Session, as proposed, be amended. Voice vote -Ayes: Seven. Motion carried. PUBLIC COMMENTS Aaron Stacey Roberts, 411 Almond St.; LaTonya Graves, 607 E. Donald St. Mr. Chiles shared that his ward meeting is canceled for December but will resume at the end of January. He shared that Ward 1 and Ward 2 will begin having joint meetings, which will start in January. He further shared that residents are providing positive feedback about Waterloo Fiber and thanked their staff for all of their work. Mr. Boesen commented that he has received comments about sidewalk sand and questioned if that will be made available this winter as well. Randy Bennett, Public Works Division Manager, shared that historically, sand was put down to help with slick roads prior to us having the salt spreaders. He commented that Leisure Services has provided sand, but Public Works has not purchased sand for the past four years and does not intend to bring back that practice. Mr. Boesen commented that people have been directed to contact the developer of All In Groceries for answers to their questions. He stated that he has tried to contact the developer on two occasions and has not received a response. Page 1 of 8 Page 8 of 578 Ms. Creighton -Smith commented that it is wonderful to drive on Broadway now that the road is complete. She shared the Waterloo Bucks Community Impact Report. Mr. Simon wished everyone a Merry Christmas and encouraged everyone to be safe. Feuss/Creighton-Smith to close public comments. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Feuss/Nichols that the following items on the consent agenda be received and placed on file, including the payment of bills for December 9, 2024, in the amount of $3,394,506.69, and December 16, 2024, in the amount of $4,563,044.94, be received and placed on file. Roll Call vote -Ayes: Seven. Motion carried. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-743. Resolution setting date of public hearing as January 6, 2025, for the sale and conveyance of City -owned property to International Paper Company in the amount of $1.00, and approval of a Development Agreement for the construction of 800,000 square feet of industrial building with tax rebates for fifteen years at fifty percent and a Minimum Assessment Agreement in the amount of $40,000,000.00, located at the northeast corner of the CN Railroad and Leversee Road, and instruct City Clerk to publish public notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-744. Resolution approving the Experience Waterloo Board recommendations for funding the FY2025 Quarter 3 and Quarter 4 Event and Partner Hotel -Motel Tax Grants as listed in the attached exhibit. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-745. Resolution approving the request by Almina and Samir Sarkic, for tax exemptions on the construction of a new twin home unit valued at $269,900.00, for property located at 4125 Omaha Avenue and located in the City Limits Urban Revitalization Area (CLURA). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-746. Resolution approving the request of Thomas Ralston for a waiver for a concrete driveway, located at 230 Maryland 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. 2024-747. Page 2 of 8 Page 9 of 578 Resolution approving the installation of a speed hump in the 1900 block of Huntington Road. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-748. Resolution approving the installation of a speed hump in the 1300 block of Prospect Boulevard. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-749. Resolution approving an Iowa Brownfield Redevelopment Program Community Assistance Grant from the Iowa Department of Natural Resources in an amount not to exceed $20,260.00, for asbestos survey services to assist with the cleanup activities at the former Rath buildings, and authorizing the Mayor to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-750. Motion to approve Final Quantity Summary with Boulder Contracting, LLC., of Grundy Center, Iowa, for a net increase of $59,925.05, in conjunction with the FY 2025 Sidewalk Ramp & Trail Repair Program - Zone 4, Contract No. 1106, and authorizing the Mayor and City Clerk to execute said document. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Boulder Contracting, LLC, of Grundy Center, Iowa, in the amount of $343,775.62, in conjunction with the FY 2025 Sidewalk Ramp & Trail Program - Zone 4 Contract No. 1106, and receive and file a two-year maintenance bond. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-751. Motion to approve Final Quantity Summary with Boulder Contracting, LLC, of Grundy Center, Iowa, for a net decrease of $142.80, in conjunction with the FY 2024 W. 11th Street Railroad Crossing Repair, Contract No. 1107, and authorizing the Mayor and City Clerk to execute said document. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Boulder Contracting, LLC, of Grundy Center, Iowa, in the amount of $98,666.61, in conjunction with the FY 2024 W. 11th Street Railroad Crossing Repair, Contract No. 1107, and receive and file a two-year maintenance bond. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-752. Motion to approve Final Quantity Summary with Boulder Contracting, LLC, of Grundy Center, Iowa, for a net derease of $4,957.37, in conjunction with the FY 2024 Rainbow Drive Railroad Crossing Repair, Contract No. 1108, and authorizing the Mayor and City Clerk to execute said document. Page 3 of 8 Page 10 of 578 Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Boulder Contracting, LLC, of Grundy Center, Iowa, in the amount of $50,755.82, in conjunction with the FY 2024 Rainbow Drive Railroad Crossing Repair, Contract No. 1108, and receive and file a two-year maintenance bond. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-753. Motion to approve Change Order No. 4 by Municipal Pipe Tool Co. LLC, of Hudson, Iowa, for a net decrease of $36,253.84, in conjunction with FY2023 CIP Pipelining Phase IVA3, Contract No. 1063, and authorizing the Mayor to execute said document. Communication from the City Clerk's Department on the notice of the conclusion of employment of Douglas Anderson, Clerk II, effective December 6, 2024, with recommendation of approval of payout of $5,089.70 for unused benefits. Scott Cook, Board/Commission: ALO Waterloo Airport Board, Expiration Date: June 30, 2028 f N ewl . Andrew Van Fleet, Board/Commission: Telecommunications Board, Expiration Date: December 31, 2030, [Renewal]. Motion to receive and file Community Development Board minutes of November 19, 2024. Motion to approve Cigarette/Tobacco Permit Application for The Cedar Corner, 4335 Texas Street. Liquor Licenses a. Screaming Eagle Bar and Grill, 228 E. 4th Street, Class C Alcohol/Outdoor Service w/Sunday Sales (Renewal) Exp: 01/13/2026. Bonds. PUBLIC HEARINGS Page 4 of 8 Page 11 of 578 Sale and conveyance of 408 Vermont Street to Iowa Heartland Habitat for Humanity for $1.00, including a Development Agreement. Chiles/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned why Habitat for Humanity would receive grants for asbestos abatement when they will eventually sell the property. Noel Anderson, Community Planning and Development Director, provided an overview of the sale and development agreement. Chiles/Nichols to close the hearing and receive and file oral and written comments. Voice vote -Ayes: Seven. Motion carried. Chiles/Nichols Resolution authorizing the sale and conveyance of 408 Vermont Street to Iowa Heartland Habitat for Humanity in the amount of $1.00, 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. 2024-754. Chiles/Nichols Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for rehabilitating one single-family home located at 408 Vermont Street, with a total of $5,000.00 Infill Housing Grant, and a grant of up to $16,885.00 to cover the costs of asbestos mitigation, 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- 755. RESOLUTIONS Resolution approving a Professional Services Agreement with Eocene Environmental Group, of Coralville, Iowa, in an amount not to exceed $20,260.00, to perform professional asbestos survey services to assist with the cleanup activities at the former Rath buildings as part of implementation of an Iowa DNR Brownfield Redevelopment Program Community Assistance Grant, and authorizing the Mayor to execute said document. Nichols/Creighton-Smith David Dryer, 3145 W. 4th Street, questioned if we have hired an inspector in the past. Noel Anderson, Community Planning and Development Director, provided an overview of the agenda item. Page 5 of 8 Page 12 of 578 Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-756. Resolution approving a Subordination Agreement with 5 Bees LLC, to complete Phase IV of 4 for several projects in the area of Blackhawk Street and 18th Street, in the Rath TIF District, and authorizing the Mayor and City Clerk to execute said documents. Nichols/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-757. Resolution approving a Real Estate Purchase Agreement with John R Wolfe and Margaret A Wolfe, for the purchase of 14 acres of land for $45,000 per acre, and rights to purchase in series 4 additional tracts of land, and authorizing the Mayor and City Clerk to sign and execute said documents. Nichols/Creighton-Smith David Dryer, 3145 W. 4th Street, commented that the city has enough land and if someone does not like the land the city has available, they should find a new community to do business. Noel Anderson, Community Planning and Development Director, provided an overview of the project. Mr. Feuss commented that though we have a lot of land, we need to have the right type of land in order to attract the kind of business we want and not lose them to other cities. Noel Anderson shared that this is a state -certified site at one hundred and eighty-three acres. The state of Iowa just created new MEGA legislation for large sites, trying to bring large projects to the state. Mayor Hart questioned how often we get calls about the site. Noel Anderson explained that larger projects will contact the State of Iowa for large project sites. The city will receive six to eight calls for these sites each year. The site is state certified, which will move it through the approval process faster. Council members discussed the purchase agreement with Mr. Anderson and Jamie Knutson, City Engineer. Roll Call vote -Ayes: Six. Nays: One (Boesen). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-758. Resolution approving a Professional Services Contract with Nutri-Ject Systems Inc., of Hudson, Iowa, in the amount of $79,847.09, for sludge storage tank cleaning and final land application of biosolids, for the bottom four -feet of tank solids plus $9,446.26 per foot for solids above the bottom four -foot, in an amount not to exceed $98,739.61, and authorizing the Mayor to execute said document. Feuss/Chiles Page 6 of 8 Page 13 of 578 Mr. Boesen questioned if additional preventative maintenance can be provided on these tanks. Randy Bennett, Public Works Division Manager, provided an overview of the item. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-759. Resolution approving a Finance Agreement with Waterloo Water Works to pay for Division II - Water Main, in conjunction with FY 2025 W.A.R.P. 4th Addition, Contract 1114, and authorizing the Mayor and City Clerk to execute said document. Feuss/Chiles Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-760. Resolution approving an amendment to the City of Waterloo Employee Handbook adding a Library management vacation schedule. Feuss/Chiles Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-761. Resolution directing the advertisement for sale of $3,560,000.00* (Subject to adjustment per terms of offering) General Obligation Urban Renewal Bonds, Series 2025A, and approving electronic bidding procedures and distribution of preliminary official statement. Nichols/Wilder David Dryer, 3145 W. 4th Street, questioned why we continue to borrow money. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-762. Resolution directing the advertisement for sale of $28,590,000.00* (Subject to adjustment per terms of offering) Taxable General Obligation Urban Renewal Bonds, Series 2025B, and approving electronic bidding procedures and distribution of preliminary official statement. Nichols/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-763. ADJOURNMENT Feuss/Chiles that the council adjourn at 6:13 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 7 of 8 Page 14 of 578 Page 8 of 8 Page 15 of 578 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE January 6, 2025 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as January 23, 2025, and date of public hearing as February 3, 2025, in conjunction with the FY 2023 Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Project, Contract No. 1062, and instruct City Clerk to publish said notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 16 of 578 None Page 17 of 578 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 January 6, 2025 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as January 23, 2025, and date of public hearing as February 3, 2025, in conjunction with Demolition and Site Clearance Services, Contract No. D-2025-01-05P, 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 have been tested and abated for asbestos, and are now ready to be demolished. Properties include 1335 Mulberry Street, 724 Lincoln Street, 418 Oak Avenue, 110 Chestnut Street, and 318 Bratnober Street. NEIGHBORHOOD IMPACT The demolition activity will have a positive impact on the neighborhoods by removing blighted and abandoned buildings. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Estimate $85,000. Source of funds: Nuisance Abatement bonds and/or TIF funds. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 18 of 578 ATTACHMENTS 1. Demolition RFB Contract D-2025-01-05P 2. Aerials and Reports Page 19 of 578 CITY OF WATERLOO, IOWA OF WAr,,A AF 4. oa ah..... -71 O 0 ,, 4.,.. • . 7b►1 Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos -containing materials (no RACM)] January 2025 RFB Demolition and Site Clearance Services Contract D-2025-01-05P 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 20 of 578 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the (Non-RACM) demolition, removal, disposal and site clearance services Contract D-2025-01-05P for the properties at 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. 1.1 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 January 23, 2025, 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. RFB Timeline Name of the Bid: Notice of RFB Date: Mandatory Walk Thru Date: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: Demolition and Site Clearance Services (Non-RACM) Demolition Contract D-2025-01-05P October 3, 2024 There will not be a mandatory walk thru Thursday October 24, 2024, at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (NO-RACM) CONTRACT D-2025-01-05P. City Hall 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) E-mail Address: aric.schroeder@waterloo-ia.org Phone: Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av. 110 Chestnut St, and 318 Bratnober St. Page 2 of 29 Page 21 of 578 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday, January 23, 2025, 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 is anticipated to be at the City Council meeting on Monday, February 3, 2025. The Waterloo City Council will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the project, and potentially award the Contract at 5:30 p.m. on February 3, 2025, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street. Any person interested may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection at the hearing. Contact the City Clerk's Office at 319-291-4323 or clerks@waterloo-ia.org with questions about speaking at a public hearing. 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject property. Any questions about the meaning or intent of the specifications must be submitted no later than seven days prior to the Deadline for Bid Submittal listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage 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. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 3 of 29 Page 22 of 578 liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa and Waterloo Development Corporation will be named as additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty -day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the Contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the Contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of the Contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, including references, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 4 of 29 Page 23 of 578 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) months, anticipated to be from February 3, 2025 to June 2, 2025. 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. City's Project Manager may administratively approve up to four (4) one (1) week time period renewals. Further renewals will require approval of the City Council as an amendment to the Contract. 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 DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 5 of 29 Page 24 of 578 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.4 All work is to be done in strict compliance with this RFB and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services (no- RACM) for: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the sites. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 6 of 29 Page 25 of 578 The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFB to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the Contract. This Contract includes five properties, including: 1335 Mulberry St (2 story home), 724 Lincoln St (1.5 story home), 418 Oak Av (2 story home), 110 Chestnut St (2 story home), and 318 Bratnober St (1.5 story home). Please note: All properties have been abated for asbestos containing material (ACM). 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. 4.3 There will not be a mandatory walkthrough for this project. Bidders are advised/encouraged to make their own inspections of the properties prior to bid submittal. The Planning Department is not in possession of a key for any of the properties. The properties may be 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. SECTION V METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators' judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 7 of 29 Page 26 of 578 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. SECTION VI GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - 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 officials, officers, directors, employees 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 8 of 29 Page 27 of 578 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 DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 9 of 29 Page 28 of 578 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for demolition and site clearance of the sites are, not to exceed: 1335 Mulberry Street $ 724 Lincoln Street $ 418 Oak Avenue $ 110 Chestnut Street $ 318 Bratnober Street $ Total $ Total in written form: The correct summation of the actual bid tabulation figures will supersede the listed total, Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the Contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid Page 29 of 578 EXHIBIT `B" CITY OF WATERLOO DEMOLITION SPECIFICATIONS DEMOLITION AND SITE CLEARANCE SERVICES (NO-RACM) CONTRACT D-2025-01-05P 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Aric Schroeder, City Planner/Project Manager. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall: A. Remove and properly dispose of all trees (except for any trees specifically noted to remain on the attached aerial photos of each site), structures, cement slabs, and driveways, trash, rubbish, basement walls, floors, foundations, steps, planters, retaining walls, fences (except as noted to remain on the attached aerial photos of each site), wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks (excluding public sidewalks in street right-of-way), and the like from the specified property. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury -containing materials including fluorescent, high-pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB -containing materials include capacitors, ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07 (except see Special Provisions for 105 E 1lth St). G. Perform site clearance, grading, restoration and erosion control. H. Remove and replace sidewalk and paving as required. I. Complete the demolition work in accordance with the plans and these technical specifications. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 11 of 29 Page 30 of 578 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street or Sidewalk Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to submit a traffic control plan to the appropriate City authority 48 hours in advance of any lane or road closures indicating the area of closure and the signs and traffic control devises to be used to set up the closure. Adequate barricades and warning signs will be placed as required by the City. 2. If sidewalks are to be closed during demolition, submit a sidewalk closure plan that meets the ADA requirements to the Waterloo Engineering Department 48 hours prior to the scheduled closure. Contractor shall install necessary signing and barricades according to the approved closure plan. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s) to prevent access to the public unless the City's Project Manager determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal or vertical openings wider than four inches. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open -bodied trucks transporting materials likely to give rise to airborne dusts. F. Requirements for the Reduction of Fire Hazards RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 12 of 29 Page 31 of 578 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids, paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires/Explosives: No fires of any kinds will be permitted in the demolition work area. No explosives of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Utilities: The Contractor shall not damage existing fire hydrants, streetlights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities, or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities, which are relocated at the Contractor's request for his convenience. All below -ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures, parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 13 of 29 Page 32 of 578 B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property addresses will be included in the Contract Documents. Following execution of the Contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and Contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. The Contractor shall obtain a demolition permit issued by the City of Waterloo Building Inspections Department, which fee will be waived for demolition of City property. The Contractor shall, if necessary, obtain a sidewalk repair permit issued by the City of Waterloo Engineering Department, which fee will be waived. The Contractor shall obtain all necessary work in right- of-way permits. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 14 of 29 Page 33 of 578 compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris, basement walls, foundations, steps, private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed in Part 2 B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the Contract after being notified by the City with a Notice to proceed on any given property or properties. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall be allowed to salvage materials from any property on this project. No salvaging shall occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third -party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor and the City of Waterloo, Iowa, and its officials, officers, directors, employees and agents, shall be named as additional insured on the third -party salvager's general liability insurance policies and certificates of insurance 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 15 of 29 Page 34 of 578 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, footings, slabs of basementless structures and floors, including that of garages, are required to be completely removed and shall be broken up and removed. All basement areas and below grade excavation areas are to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re -excavation of the areas at the Contractor's expense. The City cannot provide verification regarding the area of the basements, but the Black Hawk County Assessor's detailed reports do provide indication for presence of basements and approximate areas. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of removal of any such structures is incidental and shall be included in the lump -sum bid for demolition. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3:1 horizontal to vertical, or as directed by the City's Representative. E. Fences: Fences, guardrails, bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a Contract parcel and an improved non -Contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen (except as otherwise specifically noted or as directed by the City's Representative). The Contractor shall protect any trees on adjacent property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 16 of 29 Page 35 of 578 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene, benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas -free when checked with a "Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. As an old farmhouse, 1318 Martin Road is presumed to have a septic tank. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials and incidental demolition debris shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under the Contract. C. Tires, Household Hazardous Waste, White Goods and Electronics: Tires, household hazardous waste (HHW) (which includes propane tanks, paint, pesticides and other materials that are restricted items for disposal in municipal landfills), white goods (which include household appliances such as washers, dryers, refrigerators, stoves, dishwashers, heaters, hot water heaters, etc.) and electronics (e-waste) will be first segregated from the structures and transported to an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 17 of 29 Page 36 of 578 prior to commencing demolition activity, the Contractor shall immediately notify the City's Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. D. Disposal of Demolition Debris and Solid Waste: 1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for entire project. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public, private property and public infrastructure. E. Asbestos Abatement: The structures have been tested and abated for asbestos containing materials (ACM). Contractor shall notify the City's Representative if asbestos is discovered in the demolition process. No further work will be allowed until the asbestos has been removed by a licensed contractor. F. Freon Removal and Disposal: The handling of Freon -containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. 2.06 BACKFILL, GRADING, AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil or sand shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. All backfill shall be adequately compacted so as to minimize soil settling. C. Additional Fill Material: All additional fill material shall be of equal quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 18 of 29 Page 37 of 578 additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. F. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control (seeding) that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer, and straw mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with public and private utility companies for disconnection of services, including, but not limited to, water, sewer, electricity, natural gas, cable television, phone and internet. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City (except for 105 E 11th St, see Special Provisions). The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may contact RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 19 of 29 Page 38 of 578 the Waterloo Building Inspections Department for requirements to comply with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City (except for 105 E l lth St, see Special Provisions). The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. C. Storm Sewer: Disconnect all sump pump and area drain connections to the storm sewer system. Notify the Waterloo Engineering Department for inspection of the disconnection prior to placing backfill material. D. Backfill and Compaction: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right -of -Way: All areas within the public right-of-way (including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off -site vehicle track out (stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40% Berkshire Hard Fescue 30% Treasure Chewing Fescue 30% Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. Once vegetation is established to stabilize the soil, the Contractor shall remove all temporary erosion control measures. City's Representative may approve alternate seeding blends that are deemed equally acceptable as determined by the City. For any sites over one acre of disturbance: 1. All of the above requirements shall be met, and RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av. 110 Chestnut St, and 318 Bratnober St. Page 20 of 29 Page 39 of 578 2. Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP) and obtain necessary approvals/permits from the City and State. 3. Contractor shall contact the Waterloo Engineering Department for pre -disturbance inspection prior to land disturbance, and for post -disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled, and all hazards removed. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pick up any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies the disposal site (Black Hawk County Landfill — refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste) to which the materials were delivered. Such tickets shall be required to process billing statements by the Contractor. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av. 110 Chestnut St, and 318 Bratnober St. Page 21 of 29 Page 40 of 578 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the City's Representative. The City will then inform the State Historical Society of Iowa (SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a "not to exceed" basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 2.17 SPECIAL PROVISIONS 1335 Mulberry St: This was a single-family home. There are four separately assessed parcels that are included as part of the demolition. Lots of junk, debris, fencing, trees, and overgrowth to be removed. This Section of Fence to Remain Remove fence and all trees/growth in fence from here to alley. Tree to Remove Remove all fencing, trees, overgrowth, and junk in this area. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 22 of 29 Page 41 of 578 Remove all fencing, trees, overgrowth, and junk in this area. Remove all fencing, trees, junk, overgrowth, concrete in this area. 724 Lincoln St: This was a single-family home. All trees on the property are to be removed. The chain -link fencing going around almost all sides of the property is to be removed and all trees/overgrowth growing along/within the chain -link fence is to be removed. Neighbor to north has a wood privacy fence that is to remain (protect). Volunteer trees along privacy fence to be removed as best as possible without damaging fence (stump removal along privacy fence is not required). Wood privacy fence to remain/ protect. Chain -link fencing and trees/ overgrowth to remove. Wood privacy fence to remain/ protect. Chain -link fencing and trees/ overgrowth to remove. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 23 of 29 Page 42 of 578 418 Oak Av: This was a sing -family home. There are 5 larger trees to be removed and 3 larger trees to remain (this does not include smaller volunteer trees to be removed). Property line fencing to remain, except along the rear property line (southeast) where there is both a chain link fence and wood privacy fence. Here the chain link fence is to be removed and the wood fence remain. Remove Overerowth Remove Approach Tree to Remove Remove this section of chain link fence Chain link fence to remain ' Tree to Remove Trees to Remove Remove Gravel Wood privacy fence to remain/ Protect. Tree to Remain Tree to Remove • Tree to Remain - 110 Chestnut St: This was a single-family home. Approximately 8 large trees to be removed (not counting smaller volunteer trees). Shared driveway approach is to be partially removed (see picture below). Wood fence to remain (neighbor to repair broken section). Remain Cut Line Tree to Remove Remove Gravel Remove Remove garage and volunteer trees Fence to remain RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 24 of 29 Page 43 of 578 Large pile of debris in rear yard to remove Three Trees to Remove Four Trees to Remove 318 Bratnober St: This was a single-family home. Vacant lots to the west and east are privately owned, so not available for access/use. One large tree in northeast corner of property to be removed. Chain link fence along east side to be removed, including all overgrowth within fence. Retaining wall and steps abutting public sidewalk to remain. Private walk from behind steps, around the house and into the back yard to be removed. Tree to Remove Chain -link fencing and trees/ overgrowth to remove. Tree to Remove Stump to Remove Remove Walk Remove Walk Retaining wall and steps to remain. Cut Line RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av. 110 Chestnut St, and 318 Bratnober St. Page 25 of 29 Page 44 of 578 EXHIBIT "C" DRAFT CONTRACT CONTRACT D-2025-01-05P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No Regulated Asbestos Containing Materials (No RACM)] 1335 Mulberry Street, 724 Lincoln Street, 418 Oak Avenue, 110 Chestnut Street, and 318 Bratnober Street This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of February 3, 2025 by and between the City of Waterloo, Iowa ("City") and . ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of February 3, 2025 thru June 2, 2025, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFB response, except by written amendment as provided herein. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ as provided in the Bid Tabulation RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 26 of 29 Page 45 of 578 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 on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced, and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of Contract. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this Contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, directors, 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 its officials, officers, directors, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 27 of 29 Page 46 of 578 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. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av, 110 Chestnut St, and 318 Bratnober St. Page 28 of 29 Page 47 of 578 11. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-05P: 1335 Mulberry St, 724 Lincoln St, 418 Oak Av. 110 Chestnut St, and 318 Bratnober St. Page 29 of 29 Page 48 of 578 Chain Link Fence Section #2 (West) - To Be Removed i Junk and Overgrowth Need To Be Cleared Chain Link Fence Section #1 (West) - To Remain/Protect Private Walkway - To Be Removed Private Walkway - To Be Removed All Trees - To Be Removed 1335 Mulberry St Driveway/Garage Area (Rear) - To Be Removed MULBERRY ST Driveway Approach - To Be Removed Public Sidewalk - To Remain/Protect MULBERRY ST- Esri Community Maps Contributors, Iowa DNR, © OpenStreetMag, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/'dyIASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS, Sources: Esri, Airb'ls DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geod tastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS use community Citly of Waterloo, Iowa Deno AO of F7S2 0 4,000 8,00012,000 Feet Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District TIF District School District 891325251006 1335 MULBERRY ST WATERLOO IA 50703 N/A LANE AND FOWLERS SECOND ADD E 431/4 FT S 55 FT LOT 4 BLOCK 10 W 1 1/2 FT S 55 FT LOT 5 BLOCK 10 (Note: Not to be used on legal documents) 202400003466 (9/7/2023) 0 R - Residential (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH 940561- WATERLOO RATH AREA TIF WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood EWTLO-02 Owner information Deed CITY OF WATERLOO 715 MULBERRY ST WATERLOO IA 50703 Mail To CITY OF WATERLOO 715 MULBERRY ST WATERLOO IA 50703 Address Change Form Link to the Address Change Form Sales Date Seller Buyer Recording Sale Condition - NUTC Multi Type Parcel Amount 9/7/2023 BRANDT,ROBERTD CITY OF WATERLOO 2024-00003466 SALE TO/BY GOVERNMENT/EXEMPT ORGANIZATION Deed Y $12,580.00 9 Show There are other parcels involved in one or more of the above sales: Show Deed/Contract Show Deed/Contract Land Lot Dimensions Regular Lot: 45.00 x 55.00 Lot Area 0.06Acres;2,475 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Residental Dwellings Page 50 of 578 Residential Dwelling Occupancy Single -Family Style 2 Story Frame Architectural Style N/A Year Built 1891 Exterior Material Asph Shgls Total Gross Living Area 1,098 SF Attic Type None; Number of Rooms 6 above; 0 below Number of Bedrooms 3 above; 0 below Basement Area Type Full Basement Area 756 Basement Finished Area Plumbing 1 Standard Bath; Central Air No Heat Yes Fireplaces Porches 1S Frame Enclosed (84 SF); 15 Frame Open (35 SF); Decks Additions 1 Story Frame (420 SF) (420 Bsmt SF); 1 Story Frame (6 SF); Garages Valuation 2024 2023 2022 2021 2020 Classification Residential Residential Residential Residential Residential + Assessed Land Value $3,050 $3,050 $3,050 $3,050 $1,990 + Assessed Improvement Value $0 $0 $0 $0 $0 + Assessed Dwelling Value $6,970 $6,970 $5,300 $5,300 $5,300 = Gross Assessed Value $10,020 $10,020 - Exempt Value ($10,020) $0 $8,350 $0 $8,350 $7,290 $0 $0 = Net Assessed Value Exemptions Code Description Amount $0 $10,020 $8,350 $8,350 $7,290 E86 CITY PROPERTY 10,020 Taxation 2023 2022 2021 2020 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 + Taxable Land Value $1,413 $1,667 $1,651 $1,123 + Taxable Improvement Value $0 $0 $0 $0 + Taxable Dwelling Value $3,230 $2,896 $2,869 $2,990 = Gross Taxable Value - Homestead 65+ Exemption $4,643 $4,563 $4,520 $4,113 $0 $0 $0 $0 - Military Exemption ($4,000) ($1,852) ($1,852) ($1,852) = Net Taxable Value $643 $2,711 $2,668 $2,261 x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 40.15223 = Gross Taxes Due $27.73 $108.95 $105.38 $90.78 - Ag Land Credit $0.00 $0.00 $0.00 $0.00 - Family Farm Credit $0.00 $0.00 $0.00 $0.00 - Homestead Credit ($27.73) ($108.95) ($105.38) ($90.78) - Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 - Business Property Credit $0.00 $0.00 $0.00 $0.00 = Net Taxes Due Homestead Year $0.00 $0.00 $0.00 $0.00 Type 2024 HOMESTEAD Page 51 of 578 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 March2025 $0 No 658930 September 2024 $0 No 2022 March 2024 September 2023 $0 No $0 No 2021 March 2023 September 2022 $0 No $0 No 2020 March 2022 September 2021 $0 No $0 No 538819 431459 375657 2019 March 2021 September 2020 $0 No 274886 $0 No 2018 March 2020 September 2019 $0 No 049386 $0 No 2017 March 2019 September 2018 $0 No 049386 $0 No 2016 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Sketches 15 FR EP [84] Sketch by wevr.carnevisian.corn 6 14 12 14 1SBFR [420] 18 20 $0 No 049386 $0 No 5 7 15 FR OP [35] 24 25BFR (MAIN) [336] 14 Page 52 of 578 Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 12/19/2021 Sales by Neighborhood Sales by Subdivision To: 12/19/2024 Distance:l 1500 I Feet Homestead Tax Credit and Exemption Sales by Distance Apply Online for the Homestead Tax Credit and Exemption Military Service Tax Exemption Application Apply Online for the Military Service Tax Exemption No data available for the following modules: Agricultural Land/CSR, Commercial Buildings, Agricultural Buildings, Yard Extras, Permits, Tax Sale Certificate, Special Assessments, Board of Review Petition. The maps and data available for access at this website are provided "as is" without warranty or any representation of accuracy, timeliness, or completeness. User Privacy Policy I GDPR Privacy Notice Last Data Upload: 12/19/2024, 5:16:05 AM Contact Us 415 SCHNEIDER GEOSPATIAL Page 53 of 578 RIEHL- ST Private Walkway - To Be Removed LINCOLN ST All Trees - To Be Removed RIEHL ST Wood Fence (North) - To Remain/Protect Remove Chain Link All Trees - To Be Removed 724 Lincoln St All Chain Link Fencing - To Be Removed Esri Community Maps Contributors, Iowa DNR, © OpenStreetMap, Microso Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, U S, EPA, NPS, US Census Bureau, USDA, USFWS, Sources: Esri, Airbus DS, SGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodata yrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user,,community Citij of Waterloo, Iowa Deno r-✓1 of 752 j1/ 0 4,000 8,00012,000 Feet Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District TIF District School District 891323227002 724 LINCOLN ST WATERLOO IA 50703 N/A CALUMET ADDITIONS 47 FT N 97 FT LOT 1 BLK 3 S 47 FT N 97 FT LOT 2 BLK 3 S 47FTN97FTLOT3BLK3 (Note: Not to be used on legal documents) 202400012285 (4/5/2024) 0 R - Residential (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH 941311- WATERLOO LOGAN UR TIF AMD1 WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood NWTLO-01 Owner information Deed CITY OF WATERLOO, IOWA 715 MULBERRY ST WATERLOO IA 50703 Address Change Form Mail To CITY OF WATERLOO, IOWA 715 MULBERRY ST WATERLOO IA 50703 Link to the Address Change Form Sales Date Seller Buyer Recording Sale Condition - NUTC Multi Type Parcel Amount 3/30/2022 MEKANOVIC,ISMET INTEWISE INVESTING 2022- SALE WITH CONSIDERATION PAID FOR REAL LLC 00019469 PROPERTY OF $10,000 OR LESS Deed $5,000.00 11/16/2006 M ICH EL,PHYLLIS I MEKANOVIC,ISMET 2007-011590 NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 Contract Show Deed/Contract Show Deed/Contract Land Lot Dimensions Regular Lot: 47.00 x 143.00 Lot Area 0.15Acres;6,721 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Residental Dwellings $20,000.00 Page 55 of 578 Residential Dwelling Occupancy Style Architectural Style Year Built Exterior Material Total Gross Living Area Attic Type Number of Rooms Number of Bedrooms Basement Area Type Basement Area Basement Finished Area Plumbing Central Air Heat Fireplaces Porches Decks Additions Garages Permits Permit # Single -Family 13/4 Story Frame N/A 1900 Asb 1,378 SF None; 6 above; 0 below 3 above; 0 below Full 632 1 Water Closet; 1 Shower Stall/Tub; No Yes 1S Frame Open (110 SF); 1 Story Frame (72 SF); 2 Story Frame (104 SF); 1 Story Frame (84 SF) (84 Bsmt SF); Date Description Amount WA 1144 06/14/2004 Roof 2,480 WA 0421 Valuation 05/14/2004 2024 Ext-Remodel 2023 2022 2021 2,295 2020 Classification Residential Residential Residential Residential Residential + Assessed Land Value $6,170 $6,170 $6,170 $6,170 $5,930 + Assessed Improvement Value $0 $0 $0 $0 $0 + Assessed Dwelling Value $5,460 $5,460 $13,260 $13,260 $16,570 = Gross Assessed Value $11,630 $11,630 $19,430 $19,430 $22,500 - Exempt Value ($11,630) $0 $0 $0 $0 = Net Assessed Value Exemptions Code Description Amount $0 $11,630 E86 Taxation CITY PROPERTY 11,630 2023 Pay 2024-2025 $19,430 2022 Pay 2023-2024 $19,430 $22,500 2021 Pay 2022-2023 2020 Pay 2021-2022 + Taxable Land Value $2,859 $3,372 $3,340 $3,345 + Taxable Improvement Value $0 $0 $0 $0 + Taxable Dwelling Value $2,530 $7,247 $7,178 $9,347 = Gross Taxable Value - Homestead 65+ Exemption - Military Exemption $5,389 $0 $0 $10,619 $0 $0 $10,518 $0 $0 $12,692 $0 $0 = Net Taxable Value $5,389 $10,619 $10,518 $12,692 x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 40.15223 = Gross Taxes Due $232.42 $426.75 $415.45 $509.61 - Ag Land Credit - Family Farm Credit $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 - Homestead Credit $0.00 $0.00 $0.00 $0.00 - Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 - Business Property Credit $0.00 $0.00 $0.00 $0.00 = Net Taxes Due $232.42 $426.75 $415.45 $509.61 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 March2025 $116 Yes 622136 September2024 $116 Yes 2022 March 2024 September 2023 $213 $213 Yes Yes 520191 Page 56 of 578 Year Due Date Amount Paid Date Paid Receipt 2021 March 2023 $13 Yes 424318 September 2022 $11 Yes 9/18/2023 2021 March2023 $0 No 424318 September 2022 $4 Yes 5/16/2023 2021 March2023 $6 Yes 9/18/2023 424318 September 2022 $25 Yes 5/16/2023 2021 March 2023 September 2022 $208 $208 Yes Yes 9/18/2023 424318 2020 March 2022 September 2021 $4 Yes 4/5/2022 359066 $27 Yes 4/5/2022 2020 March 2022 September 2021 $255 Yes 4/5/2022 359066 $255 Yes 4/5/2022 2020 March 2022 September 2021 $0 No $4 Yes 4/5/2022 359066 2019 March2021 $0 No 219893 September 2020 $19 Yes 3/1/2021 2019 March2021 $251 Yes 3/1/2021 219893 September 2020 $251 Yes 3/1/2021 2018 March 2020 September 2019 $0 $23 No Yes 7/14/2020 045880 2018 March 2020 September 2019 $253 Yes 7/14/2020 045880 $253 Yes 7/14/2020 2017 March 2019 September 2018 $8 Yes 5/30/2019 045880 $30 Yes 5/30/2019 2017 March 2019 September 2018 $0 No 045880 $4 Yes 5/30/2019 2017 March 2019 September 2018 $251 Yes 5/30/2019 045880 $251 Yes 5/30/2019 2016 March 2018 September 2017 $258 Yes 6/11/2018 045880 $258 Yes 6/11/2018 2016 March 2018 September 2017 $12 Yes 6/11/2018 045880 $35 Yes 6/11/2018 2016 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Sketches $0 $4 No Yes 6/11/2018 045880 Page 57 of 578 Sketch by %um...camavisian.com Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 12/19/2021 Sales by Neighborhood Sales by Subdivision Distance: L 1500 Feet To: 1S FR [72] 2S FR 8 [104] 12 8 13 12 8 7 2S B FR [MAIN] 14 [548] 14 28 5 22 12/19/2024 Sales by Distance 1SBFR [84] 1S FR OP [110] Page 58 of 578 Driveway and Approach - To Be Removed Tree #1 - To Be Removed G<e ♦ ♦ ♦ ♦ ♦ ♦ ♦ �♦ ♦ Tree #5 - To Be Removed Tree #4 - To Be Removed Tree #3 - To Be Removed 418 Oak Ave Tree #2 - To Be Removed Tree - To Remain Tree - To Remain Esri Community Ma Contributors, Iowa DNR, © OpenStr-etMap, Mic soft, Esri, TomTom, G rmin, SafeGraph, GeoTechnologies, In , METI/NAS , USGS, EPA, NPS, US ensus Bureau, USDA, USFWS, Source:: Esri, Airbu S, USGS, NGA, NA CGIAR, N Robinson, NCEAS, NLS, O., NMA, Geo atastyrelsen, Rijkswat staat, GSA, Geoland, FEMA, Intermap . nd the GIS ser community Citly of Waterloo, Iowa D,r.n FO of R752 w � 0 4,000 8,00012,000 Feet Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District TIF District School District 891323428019 418OAK AVE WATERLOO IA 50703 N/A JAMES VIRDENS ADDITION PART OF LOTS 3 AND 6 BLK 5 COM AT A PT ON OAK AVE WHERE THE CENTER LINE LOT 6 INTERS THE NWLY LINE LOT 6 TH SELY ALONG THE CENTER LINE OF LOT 6 100 1/3 FT TH AT RTANG NELY DIR 50 FTTH NWLY PAR WITH CENTER LINE LOT 6 TO THE SE LY L (Note: Not to be used on legal documents) 202400010297(2/21/2024) 2017-010884(12/12/2016) 0 R - Residential (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH 941311- WATERLOO LOGAN UR TIF AMD1 WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood NWTLO-01 Owner information Deed Mail To CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST 715 MULBERRY ST WATERLOO IA 50703 WATERLOO IA 50703 Address Change Form Link to the Address Change Form Sales Date Seller Buyer Recording Sale Condition - NUTC Multi Type Parcel Amount 9/1/2016 El LERS,DWAYNE R POTTER,MATTHEW 2017- II 00010884 OTHER WITH EXPLANATION Contract $39,999.00 9/1/2016 El LERS,DWAYNE R POTTER,MATHEW 2017- II 00008010 OTHER WITH EXPLANATION Contract $39,999.00 5/1/2013 EILERS,DWAYNE R HOLDEN,JAMES L 2013- II 00022864 7/11/1997 326-260 SALE BETWEEN TENANT AND LANDLORD (INC SALE/LEASE- Contract BACK TRANSACTIONS) ASSIGNMENT/ASSUMPTION OF CONTRACT - PRIOR 09 Contract $49,000.00 $45,000.00 7/18/1995 650-018 PURCHASE OF ADJOINING (TOUCHING) OR ADJACENT (NEAR -BY) PROPERTY - PRIOR 09 p Show There are other parcels involved in one or more of the above sales: Show Deed/Contract Show Deed/Contract Land Lot Dimensions Regular Lot: 50.00 x 104.00 Lot Area 0.12 Acres;5,200 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Residental Dwellings Deed $6,000.00 Page 60 of 578 Residential Dwelling Occupancy Single -Family Style 2 Story Frame Architectural Style N/A Year Built 1902 Exterior Material Wd Lap Total Gross Living Area 1,468 SF Attic Type Floor&Stairs; Number of Rooms 6 above; 0 below Number of Bedrooms 3 above; 0 below Basement Area Type Full Basement Area 734 Basement Finished Area Plumbing 1 Standard Bath; 1 Mtl Stall Shower Bath; Central Air No Heat Yes Fireplaces Porches 1S Frame Open (190 SF); 1S Frame Enclosed (36 SF); Decks Additions Garages Permits Permit # Date Description Amount WA 05984 08/10/2010 Roof 500 WA 2789 01/27/2004 Roof 525 Valuation 2024 2023 2022 2021 2020 Classification Residential Residential Residential Residential Residential + Assessed Land Value $7,880 $7,880 $7,880 $7,880 $3,380 + Assessed Improvement Value $0 $0 $0 so so + Assessed Dwelling Value $14,570 $14,570 $12,520 $12,520 $15,650 = Gross Assessed Value $22,450 $22,450 $20,400 $20,400 $19,030 - Exempt Value ($22,450) $0 $0 $0 $0 = Net Assessed Value Exemptions Code Description Amount $0 $22,450 $20,400 $20,400 $19,030 E86 CITY PROPERTY 22,450 Taxation 2023 2022 2021 2020 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 + Taxable Land Value $3,652 $4,306 $4,265 $1,907 + Taxable Improvement Value $0 $0 $0 $0 + Taxable Dwelling Value $6,752 $6,842 $6,777 $8,828 = Gross Taxable Value $10,404 $11,148 $11,042 $10,735 - Homestead 65+ Exemption $0 $0 $0 $0 - Military Exemption $0 $0 $0 $0 = Net Taxable Value x Levy Rate (per $1000 of value) $10,404 $11,148 $11,042 $10,735 43.12949 40.18730 39.49908 40.15223 = Gross Taxes Due $448.72 $448.01 $436.15 $431.03 - Ag Land Credit $0.00 $0.00 $0.00 $0.00 - Family Farm Credit - Homestead Credit $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 - Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 - Business Property Credit $0.00 $0.00 $0.00 $0.00 = Net Taxes Due $448.72 $448.01 $436.15 $431.03 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 March 2025 September 2024 $224 $224 Yes Yes 642853 2022 March 2024 September 2023 $224 $224 Yes Yes 532508 2021 March 2023 September 2022 $218 $218 Yes Yes 415715 Page 61 of 578 Year Due Date Amount Paid Date Paid Receipt 2020 March 2022 September 2021 $216 Yes 6/20/2022 301707 $216 Yes 6/20/2022 2020 March2022 $0 No 301707 September 2021 $4 Yes 6/20/2022 2020 March 2022 $10 Yes 6/20/2022 301707 September 2021 $29 Yes 6/20/2022 2019 March 2021 September 2020 $212 Yes 3/16/2021 271636 $212 Yes 9/14/2020 2018 March 2020 September 2019 $214 Yes 6/19/2020 046275 $214 Yes 12/18/2019 2018 March 2020 September 2019 $0 $10 No Yes 12/18/2019 046275 2017 March 2019 September 2018 $212 Yes 2/28/2019 046275 $212 Yes 2/28/2019 2017 March 2019 September 2018 $0 No 046275 $16 Yes 2/28/2019 2016 March 2018 September 2017 $219 Yes 4/30/2018 046275 $219 Yes 11/16/2017 2016 March 2018 September 2017 $4 Yes 4/30/2018 046275 $0 No 2016 March 2018 September 2017 $0 $7 No Yes 11/16/2017 046275 2016 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Sketches $3 Yes 4/30/2018 046275 $0 No Page 62 of 578 Sketch by %um...camavisian.com Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 12/19/2021 Sales by Neighborhood Sales by Subdivision Distance: L 1500 Feet To: 1S FR EP [36] 6 6 28 16 2S B A FR (MAIN) [734] 12 13 10 8 26 13 21 11 1S FR OP 1 [180] 21 12/19/2024 Sales by Distance Page 63 of 578 Garage - To Be Removed Wood Fence - To Remain/Protect Gravel Driveway - To Be Removed Three Trees - To Be Removed [110 Chestnut St Shared Driveway Approach - Partially Remove/See Specs Public Sidewalk - To Remain/Protect Tree - To Be Removed Three Trees - To Be Removed Tree - To Be Removed Private Walkway - To Be Removed CHESTNUT ST cD 0 J Esri Community Maps Contributors, Iowa DNR, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS, Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, RgkswaterstaatTSATGeolanc,TEMA, Intermap and the GIS user community LOGAN AVE Ciflj of Waterloo, Iowa Deno PA of 752 j� 0 4,000 8,00012,000 Feet Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District TIF District School District 891323237027 110 CHESTNUT ST WATERLOO IA 50703 N/A AUD RAINBOWS LOGAN AVE & BELT LINE PLAT WLOO LOT 24 (Note: Not to be used on legal documents) 202400010300 (2/21/2024) 0 R - Residential (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH 941311- WATERLOO LOGAN URTIFAMD1 WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood NWTLO-01 Owner information Deed CITY OF WATERLOO 715 MULBERRY ST WATERLOO IA 50703 Mail To CITY OF WATERLOO 715 MULBERRY ST WATERLOO IA 50703 Address Change Form Link to the Address Change Form Sales Date Seller Buyer Recording Sale Condition - NUTC Multi Type Parcel Amount 1/5/2018 LAKE CITY WASHINGTON,KIEL INVESTMENTS LLC 2018- SALE WITH CONSIDERATION PAID FOR REAL 00011666 PROPERTY OF $10,000 OR LESS Deed $3,800.00 3/2/2016 GUARDIAN TAX LAKE CITY INVESTMENTS 2017- PARTNERS INC LLC 00001920 CORPORATE MERGER OR REORGANIZATION Deed $20,000.00 10/7/2015 MC DONALD,ELLIOT Show Deed/Contract Jnow ueea/Contract GUARDIAN TAX PARTNERS INC 2016- FORECLOSURES, FORFEITU RES, SHERIFFS AND TAX Deed 00007104 SALES, OR TRANSFERS... Land Lot Dimensions Regular Lot: 45.00 x 100.00 Lot Area 0.10 Acres;4,500 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Residental Dwellings $510.00 Page 65 of 578 Residential Dwelling Occupancy Single -Family Style 2 Story Frame Architectural Style N/A Year Built 1894 Exterior Material Alum Total Gross Living Area 1,256 SF Attic Type Floor & Stairs; Number of Rooms 6 above; 0 below Number of Bedrooms 3 above; 0 below Basement Area Type Full Basement Area 640 Basement Finished Area Plumbing 1 Standard Bath; 1 Toilet Room (1/2 Bath); Central Air No Heat Yes Fireplaces Porches 1S Frame Enclosed (204 SF); Decks Additions 1 Story Frame (96 SF) (96 Bsmt SF); 1 Story Frame (72 SF); Garages 216 SF (12F W x 18F L) - Det Frame (Built 1929); Permits Permit # Date Description Amount WA HA 1100 Valuation 08/29/2000 Misc 1,284 2024 2023 2022 2021 2020 Classification Residential Residential Residential Residential Residential + Assessed Land Value $6,930 $6,930 $6,930 $6,930 $2,970 + Assessed Improvement Value $0 $0 $0 $0 $0 + Assessed Dwelling Value $14,720 $14,720 $12,260 $12,260 $15,320 = Gross Assessed Value $21,650 $21,650 $19,190 $19,190 $18,290 - Exempt Value ($21,650) $0 $0 $0 $0 = Net Assessed Value Exemptions Code Description Amount $0 $21,650 $19,190 $19,190 $18,290 E86 CITY PROPERTY 21,650 Taxation 2023 2022 2021 2020 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 + Taxable Land Value $3,212 $3,787 $3,751 $1,675 + Taxable Improvement Value + Taxable Dwelling Value $0 $0 $0 $0 $6,822 $6,700 $6,636 $8,642 = Gross Taxable Value $10,034 $10,487 - Homestead 65+ Exemption $0 $0 $10,387 so $10,317 so - Military Exemption $0 $0 $0 $0 = Net Taxable Value $10,034 $10,487 $10,387 $10,317 x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 40.15223 = Gross Taxes Due $432.76 $421.44 $410.28 $414.25 - Ag Land Credit - Family Farm Credit $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 - Homestead Credit $0.00 $0.00 $0.00 $0.00 - Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 - Business Property Credit $0.00 $0.00 $0.00 $0.00 = Net Taxes Due $432.76 $421.44 $410.28 $414.25 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 March2025 $216 Yes 626296 September 2024 $216 Yes 2022 March 2024 September 2023 $211 $211 Yes Yes 520309 2021 March 2023 September 2022 $205 $205 Yes Yes 424434 Page 66 of 578 Year Due Date Amount Paid Date Paid Receipt 2020 March 2022 September 2021 $207 Yes 5/18/2022 373413 $207 Yes 11/18/2021 2020 March 2022 September 2021 $0 No 373413 $6 Yes 11/18/2021 2020 March 2022 September 2021 $4 Yes 5/18/2022 373413 $0 No 2020 March 2022 September 2021 $6 Yes 5/18/2022 373413 $0 No 2019 March 2021 September 2020 $0 $4 No Yes 6/21/2021 203967 2019 March 2021 September 2020 $204 Yes 6/21/2021 203967 $204 Yes 6/21/2021 2019 March2021 $9 Yes 6/21/2021 203967 September 2020 $28 Yes 6/21/2021 2018 March2020 $34 Yes 6/21/2021 046018 September 2019 $53 Yes 6/21/2021 2018 March2020 $206 Yes 6/21/2021 046018 September 2019 $206 Yes 6/21/2021 2017 March 2019 September 2018 $0 No $4 Yes 6/11/2019 046018 2017 March 2019 September 2018 $0 $28 No Yes 6/11/2019 046018 2017 March 2019 September 2018 $9 Yes 6/14/2019 046018 $0 No 2017 March 2019 September 2018 $204 Yes 6/14/2019 046018 $204 Yes 6/14/2019 2016 March 2018 September 2017 $47 Yes 6/11/2019 046018 $0 No 2016 March 2018 September 2017 $4 Yes 6/11/2019 046018 $0 No 2016 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Sketches $210 Yes 6/11/2019 046018 $210 Yes 10/2/2017 Page 67 of 578 Sketch by %um...camavisian.com Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 12/19/2021 Sales by Neighborhood Sales by Subdivision Distance: L 1500 Feet To: 1S B FR [96] 12 15 FR [72] 22 26 2S B A FR (MAIN) [544] 22 1940 12 15 16 10 1S FR EP 8 [204] 18 12/19/2024 Sales by Distance Page 68 of 578 Private Walkway - To Be Removed Tree - To Be Removed 318 Bratnober St Private Lot - No Access i Steps/Retaining Wall - To Remain/Protect 7T—Stump - o Be Removed BRATNOBER ST Private Lot - No Access Chain Link Fence (East) - To Be Removed (along with all trees and brush going in it) Public Sidewalk - To Remain/Protect Esri Community Maps Contributors, Iowa DNR, © OpenStreetMap, Microsoft, Esri, Tom m, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, UlFWS, Sources: Esri, Airbus D1, USGS, NGA, NA A, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswater taat, GSA, Geoland, FEMA, Intermap and the GIS user community Citij of Waterloo, Iowa 0 4,000 8,00012,000 Feet Pa 69 of 578 Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District TIF District School District 891323235010 318 BRATNOBER ST WATERLOO IA 50703 N/A CALUMET ADDITION E 35 FT LOT 9 BLK 9 (Note: Not to be used on legal documents) 202400010296 (2/21/2024) 0 R - Residential (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH 941311- WATERLOO LOGAN UR TIF AMD1 WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood NWTLO-01 Owner information Deed CITY OF WATERLOO 715 MULBERRY ST WATERLOO IA 50703 Mail To CITY OF WATERLOO 715 MULBERRYST WATERLOO IA 50703 Address Change Form Link to the Address Change Form Show Deed/Contract Show Deed/Contract Land Lot Dimensions Regular Lot: 35.00 x 122.00 Lot Area 0.10 Acres;4,270 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Residental Dwellings Residential Dwelling Occupancy Style Architectural Style Year Built Exterior Material Total Gross Living Area Attic Type Number of Rooms Number of Bedrooms Basement Area Type Basement Area Basement Finished Area Plumbing Central Air Heat Fireplaces Porches Decks Additions Garages Single -Family 13/4 Story Frame N/A 1909 Vinyl 1,058 SF None; 5 above; 0 below 2 above; 0 below Full 572 1 Standard Bath; No Yes 1S Frame Enclosed (42 SF); 1S Frame Open (144 SF); Page 70 of 578 Valuation 2024 2023 2022 2021 2020 Classification Residential Residential Residential Residential Residential + Assessed Land Value $4,370 $4,370 $4,370 $4,370 $4,200 + Assessed Improvement Value + Assessed Dwelling Value $0 $0 $0 $0 $0 $27,370 $27,370 $22,220 $22,220 $27,780 = Gross Assessed Value $31,740 $31,740 $26,590 $26,590 $31,980 - Exempt Value ($31,740) $0 $0 $0 $0 = Net Assessed Value $0 $31,740 $26,590 $26,590 $31,980 Exemptions Code Description Amount E86 CITY PROPERTY 31,740 Taxation 2023 2022 2021 2020 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 + Taxable Land Value $2,025 $2,388 $2,365 $2,369 + Taxable Improvement Value $0 $0 $0 $0 + Taxable Dwelling Value $12,684 $12,143 $12,028 $15,671 = Gross Taxable Value $14,709 $14,531 $14,393 $18,040 - Homestead 65+ Exemption $0 $0 $0 $0 - Military Exemption $0 $0 $0 $0 = Net Taxable Value $14,709 $14,531 $14,393 $18,040 x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 40.15223 = Gross Taxes Due $634.39 $583.96 $568.51 $724.35 - Ag Land Credit $0.00 $0.00 $0.00 $0.00 - Family Farm Credit $0.00 $0.00 $0.00 $0.00 - Homestead Credit $0.00 $0.00 $0.00 $0.00 - Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 - Business Property Credit $0.00 $0.00 $0.00 $0.00 = Net Taxes Due $634.39 $583.96 $568.51 $724.35 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 March 2025 September 2024 $317 Yes $317 Yes 626273 2022 March 2024 September 2023 $292 Yes $292 Yes 520286 2021 March 2023 September 2022 $9 Yes 5/30/2023 424411 $34 Yes 5/30/2023 2021 March 2023 September 2022 $0 No $4 Yes 5/30/2023 424411 2021 March2023 $284 Yes 5/30/2023 424411 September 2022 $284 Yes 5/30/2023 2020 March2022 $362 Yes 6/20/2022 340391 September 2021 $362 Yes 6/20/2022 2020 March2022 $0 No 340391 September 2021 $4 Yes 6/20/2022 2020 March 2022 September 2021 $16 Yes 6/20/2022 340391 $49 Yes 6/20/2022 2019 March 2021 September 2020 $0 No $16 Yes 12/11/2020 227247 2019 March 2021 September 2020 $356 Yes 5/27/2021 227247 $356 Yes 12/11/2020 2019 March 2021 September 2020 $11 Yes 5/27/2021 227247 $0 No 2019 March 2021 $4 Yes 5/27/2021 227247 September 2020 $0 No 2018 March2020 $0 No 045985 September 2019 $16 Yes 12/5/2019 2018 March 2020 September 2019 $359 Yes 5/31/2020 045985 $359 Yes 12/5/2019 2017 March 2019 September 2018 $0 $4 No Yes 6/17/2019 045985 2017 March 2019 September 2018 $16 Yes 6/17/2019 045985 $48 Yes 6/17/2019 Page 71 of 578 Year Due Date Amount Paid Date Paid Receipt 2017 March 2019 September 2018 $356 Yes 6/17/2019 045985 $356 Yes 6/17/2019 2016 March 2018 September 2017 $367 Yes 5/29/2018 045985 $367 Yes 9/28/2017 2016 March 2018 September 2017 $11 Yes 5/29/2018 045985 $0 No 2016 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Sketches Sketch by wwx.carnavision.corn $4 Yes 5/29/2018 045985 $0 No 7 6 18 FR EP [42] 26 2S B FR (MAIN) [572] 22 8 18 1S FR OP [144] Page 72 of 578 Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 12/19/2021 Sales by Neighborhood Sales by Subdivision To: 12/19/2024 Distance: ( 1500 1f Feet Homestead Tax Credit and Exemption Sales by Distance Apply Online for the Homestead Tax Credit and Exemption Military Service Tax Exemption Application Apply Online for the Military Service fax Exemption No data available for the following modules: Sales, Agricultural Land/CSR, Commercial Buildings, Agricultural Buildings, Yard Extras, Permits, Homestead, Tax Sale Certificate, Special Assessments, Board of Review Petition. The maps and data available for access at this website are provided "as is" without warranty or Contact Us Developed by any representation of accuracy, timeliness, or completeness. CO SC H N E I D E R User Privacy Policy I GDPRPrivacyNotice GEOSPATIAL Last Data Upload: 12/19/2024, 5:16:05 AM Page 73 of 578 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 January 6, 2025 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as January 23, 2025, and date of public hearing as February 3, 2025, in conjunction with Demolition and Site Clearance Services, Contract No. D-2025-01-03P, 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, with one being owned by the Waterloo Development Corporation (WDC), and have been tested and abated for asbestos, and are now ready to be demolished, except for 118 Sycamore St that has been partially abated for asbestos, and will be demolished partially as non-RACM and partially as RACM. The City recently approved a Project Funding Agreement with WDC, where WDC agrees to pay the City for the costs associated with their property, and agrees to indemnify and hold the City harmless. City of Waterloo properties include 309 E 2nd Street and 1103 Commercial Street. WDC property includes 118 Sycamore Street. RACM stands for regulated asbestos containing materials. NEIGHBORHOOD IMPACT The demolition activity will have a positive impact on the neighborhoods by removing blighted and abandoned buildings. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Estimate $150,000. Source of funds: Nuisance Abatement bonds and/or TIF funds, with WDC property expenses reimbursed by WDC. Page 74 of 578 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Demolition RFB Contract D-2025-01-03P 2. Aerials and Reports Page 75 of 578 CITY OF WATERLOO, IOWA OF WA)- AAP"- Pe i. Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos -containing materials (no RACM) in part] and [regulated asbestos -containing materials (RACM) in part] January 2025 RFB Demolition and Site Clearance Services Contract D-2025-01-03P 309 E 2nd St, and 1103 Commercial St, (City owned properties), and 118 Sycamore St (WDC owned property) City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 76 of 578 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the demolition, removal, disposal and site clearance services Contract D-2025-01-03P for the properties at 309 E 2nd St and 1103 Commercial St (City owned properties, non-RACM demos), as well as 118 Sycamore St (WDC owned property, partial non-RACM demo and partial RACM demo). 1.1 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 January 23, 2025, 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. RFB Timeline Name of the Bid: Notice of RFB Date: Mandatory Walk Thru Date: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: Demolition and Site Clearance Services Contract D-2025-01-03P January 2, 2025 There will not be a mandatory walk thru Thursday January 23, 2025, at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES CONTRACT D-2025-01-03P. City Hall 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) E-mail Address: aric.schroeder@waterloo-ia.org Phone: Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2"d St, and 1103 Commercial St (City properties, non- RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 2 of 30 Page 77 of 578 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday, January 23, 2025, 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 is anticipated to be at the City Council meeting on Monday, February 3, 2025. The Waterloo City Council will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the project, and potentially award the Contract at 5:30 p.m. on February 3, 2025, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street. Any person interested may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection at the hearing. Contact the City Clerk's Office at 319-291-4323 or clerks@waterloo-ia.org with questions about speaking at a public hearing. 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject property. Any questions about the meaning or intent of the specifications must be submitted no later than seven days prior to the Deadline for Bid Submittal listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage 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. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2"d St, and 1103 Commercial St (City properties, non- RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 3 of 30 Page 78 of 578 liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa and Waterloo Development Corporation will be named as additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty -day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the Contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the Contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of the Contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, including references, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2"d St, and 1103 Commercial St (City properties, non- RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 4 of 30 Page 79 of 578 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) months, anticipated to be from February 3, 2025 to June 2, 2025. 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. City's Project Manager may administratively approve up to four (4) one (1) week time period renewals. Further renewals will require approval of the City Council as an amendment to the Contract. 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 DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2"d St, and 1103 Commercial St (City properties, non- RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 5 of 30 Page 80 of 578 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.4 All work is to be done in strict compliance with this RFB and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services for: 309 E 2"d St, and 1103 Commercial St (City owned properties, non-RACM demos), as well as 118 Sycamore St (WDC owned property, which includes a portion of the building to be demolished as non-RACM, and a portion of the building to be demolished as RACM). The City of Waterloo is working jointly with the Waterloo Development Corporation (WDC) to complete demolition and site clearance services work on the noted property owned by WDC. The City has a separate agreement with WDC to provide the authorization for the City to proceed with the work. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2"d St, and 1103 Commercial St (City properties, non- RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 6 of 30 Page 81 of 578 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the sites. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFB to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the Contract. This Contract includes three properties, including: 309 E 2nd St (2 story fire damaged home), 1103 Commercial St (2 story home), and 118 Sycamore St (2 story commercial building). Please note: 308 E 2nd St and 1103 Commercial St have been abated for asbestos containing material (ACM). 118 Sycamore St has been partially abated for asbestos containing material (ACM), but one section of the building was deemed too dangerous to abate, and must be demolished as a regulated asbestos containing material (RACM) demo. Demolition contractors bidding on this contract that are not a licensed asbestos contractor may complete all non-RACM work and may sub out the RACM demo work to a licensed asbestos contractor. Please see attached Exhibit "B" Demolition Specifications, Section 2.17 Special Provisions, for additional details on the partial non-RACM demolition and partial RACM demolition of 118 Sycamore St. 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. 4.3 There will not be a mandatory walkthrough for this project. Bidders are advised/encouraged to make their own inspections of the properties prior to bid submittal. The Planning Department is not in possession of a key for 309 E 2nd St or 118 Sycamore St. We do have a key for 1103 Commercial St. Keys can be checked out from the Planning Department. The properties may be 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. SECTION V METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2°d St, and 1103 Commercial St (City properties, non- RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 7 of 30 Page 82 of 578 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators' judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. SECTION VI GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2"d St, and 1103 Commercial St (City properties, non- RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 8 of 30 Page 83 of 578 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo and WDC, and their respective officials, officers, directors, employees 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 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 DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2°d St, and 1103 Commercial St (City properties, non- RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 9 of 30 Page 84 of 578 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for demolition and site clearance of the sites are, not to exceed: 309 E 2nd Street $ 1103 Commercial Street $ 118 Sycamore Street (WDC property, part RACM) $ Total $ Total in written form: The correct summation of the actual bid tabulation figures will supersede the listed total. Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the Contract. RACM DEMOLITION. A portion of this contract includes demolition of a portion of a building with regulated asbestos containing materials (RACM), requiring a licensed asbestos contractor Please check one: Our company is a licensed asbestos contractor. Our company is not a licensed asbestos contractor. Our company anticipates hiring the following subcontractor that is a licensed asbestos contractor: ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid Page 85 of 578 EXHIBIT `B" CITY OF WATERLOO DEMOLITION SPECIFICATIONS DEMOLITION AND SITE CLEARANCE SERVICES CONTRACT D-2025-01-03P 309 E 2nd St, and 1103 Commercial St (City properties), and 118 Sycamore St (WDC property) PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Aric Schroeder, City Planner/Project Manager. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall: A. Remove and properly dispose of all trees (except for trees specifically noted to remain on the attached aerial photos of each site), structures, cement slabs, and driveways, trash, rubbish, basement walls, floors, foundations, steps, planters, retaining walls, fences (except as noted to remain on the attached aerial photos of each site), wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks (excluding public sidewalks in street right-of-way), and the like from the specified property. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury -containing materials including fluorescent, high-pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB -containing materials include capacitors, ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. H. Remove and replace sidewalk and paving as required. I. Complete the demolition work in accordance with the plans and these technical specifications. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2'd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 11 of 30 Page 86 of 578 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street or Sidewalk Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to submit a traffic control plan to the appropriate City authority 48 hours in advance of any lane or road closures indicating the area of closure and the signs and traffic control devises to be used to set up the closure. Adequate barricades and warning signs will be placed as required by the City. 2. If sidewalks are to be closed during demolition, submit a sidewalk closure plan that meets the ADA requirements to the Waterloo Engineering Department 48 hours prior to the scheduled closure. Contractor shall install necessary signing and barricades according to the approved closure plan. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s) to prevent access to the public unless the City's Project Manager determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal or vertical openings wider than four inches. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open -bodied trucks transporting materials likely to give rise to airborne dusts. F. Requirements for the Reduction of Fire Hazards RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 12 of 30 Page 87 of 578 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids, paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires/Explosives: No fires of any kinds will be permitted in the demolition work area. No explosives of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Utilities: The Contractor shall not damage existing fire hydrants, streetlights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities, or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities, which are relocated at the Contractor's request for his convenience. All below -ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures, parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City and WDC assume no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 13 of 30 Page 88 of 578 in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property addresses will be included in the Contract Documents. Following execution of the Contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City and WDC in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and Contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. The Contractor shall obtain a demolition permit issued by the City of Waterloo Building Inspections Department, which fee will be waived for demolition of City property. The Contractor shall obtain all necessary work in right-of-way permits. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 14 of 30 Page 89 of 578 compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris, basement walls, foundations, steps, private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed in these Demolition Specifications. B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART 1A — REGULATED ASBESTOS CONTAINING MATERIALS (RACM) One of the properties to be demolished (118 Sycamore St) has been partially declared unsafe to enter. Therefore, this portion of the structure has not been abated for asbestos. All structural debris for this portion of the building must be treated and handled as RACM. The following provisions of this Part 1A apply only to the portion of the structure that has not been abated for asbestos. Demolition and removal of structures, including basements and cement slabs of basement -less structures, must be accomplished in a single day; if all RACM material cannot be removed in a single day, the RACM material will be thoroughly wetted and completely covered and secured with polyethylene plastic sheeting until demolition activities resume. The Contractor (or the Contractor's sub) will be required to have all permits and licenses required by the Iowa Department of Natural Resources (IDNR), Iowa Workforce Development (IWD), and the Occupational Health and Safety Administration (OSHA) for handling RACM. The Contractor will be responsible to ensure that demolition activities are carried out in compliance with all applicable regulations of IDNR, IWD, and OSHA as well as all other federal, state, and local regulations. The Contractor shall employ good demolition techniques, including but not limited to: 1. Wetting structures and debris prior to and during demolition to reduce the potential for air migration of asbestos. 2. Using demolition techniques to minimize the excessive breaking of materials. 3. Maintaining the practice of keeping personnel at a safe distance from demolition activities. 4. Loading the materials with techniques to maintain a sufficient distance from personnel to reduce the exposure to airborne material. 5. Proper handling and covering of all loads to prevent RACM material from becoming airborne during hauling. 6. Placing a placard on the truck hauling the RACM debris in accordance with the IDOT and IDNR requirements. 7. Disposing of RACM, as approved by IDNR, shall be at separated areas of disposal sites and shall be disposed of using techniques to minimize the potential for debris or dust to become airborne. 8. Manual cleaning of the demolition site to remove all asbestos materials from the site. 9. All trucks and/or trailers must have solid metal end -gates. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 15 of 30 Page 90 of 578 If city water is not available, the Contractor shall have a water truck on standby during the demolition to maintain a sufficient source to maintain wetting of RACM. Contractor shall be responsible for providing protective gear and equipment to its agents and employees and for ensuring its proper utilization in the event of an encounter with asbestos in the debris being removed as well as the RACM designated structures. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the Contract after being notified by the City with a Notice to proceed on any given property or properties. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall be allowed to salvage materials from any property on this project except for the portion of 118 Sycamore St that has not been abated of asbestos and must be demolished as a RACM structure. No salvaging shall occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third -party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor, as well as the City of Waterloo, Iowa and WDC, and their respective officials, officers, directors, employees and agents, shall be named as additional insured on the third -party salvager's general liability insurance policies and certificates of insurance 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 16 of 30 Page 91 of 578 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, footings, slabs of basementless structures and floors, including that of garages, are required to be completely removed and shall be broken up and removed. All basement areas and below grade excavation areas are to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re -excavation of the areas at the Contractor's expense. The City cannot provide verification regarding the area of the basements, but the Black Hawk County Assessor's detailed reports do provide indication for presence of basements and approximate areas. For the portion of 118 Sycamore St that has not been abated for asbestos, all concrete basements, slabs of basementless structures and floors, are required to be completely removed and shall be broken up and removed as RACM. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of removal of any such structures is incidental and shall be included in the lump -sum bid for demolition. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3:1 horizontal to vertical, or as directed by the City's Representative. E. Fences: Fences, guardrails, bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a Contract parcel and an improved non -Contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen (except as otherwise specifically noted or as directed by the City's Representative). The Contractor shall protect any trees on adjacent property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 17 of 30 Page 92 of 578 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene, benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas -free when checked with a "Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. As an old farmhouse, 1318 Martin Road is presumed to have a septic tank. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein (including RACM materials) and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials and incidental demolition debris shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under the Contract. C. Tires, Household Hazardous Waste, White Goods and Electronics: Tires, household hazardous waste (HHW) (which includes propane tanks, paint, pesticides and other materials that are restricted items for disposal in municipal landfills), white goods (which include household appliances such as washers, dryers, refrigerators, stoves, dishwashers, heaters, hot water heaters, etc.) and electronics (e-waste) will be first segregated from the structures and transported to an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site prior to commencing demolition activity, the Contractor shall immediately notify the City's RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 18 of 30 Page 93 of 578 Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. There will be no separation of any of the before listed materials for the portion of 118 Sycamore St that is to be demolished as RACM, as it is unsafe to enter. D. Disposal of Demolition Debris and Solid Waste: 1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for entire project. All RACM debris shall be clearly identified as such. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public, private property and public infrastructure. E. Asbestos Abatement: Except for the noted portion of 118 Sycamore St, these structures have been tested and abated for asbestos containing materials (ACM). Contractor shall notify the City's Representative if asbestos is discovered in the demolition process. No further work will be allowed until the asbestos has been removed by a licensed contractor. The handling of asbestos material is subject to all applicable state and federal mandates. F. Freon Removal and Disposal: The handling of Freon -containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. There will be no separation of any of the before listed materials for the portion of 118 Sycamore St that is to be demolished as RACM, as it is unsafe to enter. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. There will be no separation of any of the before listed materials for the portion of 118 Sycamore St that is to be demolished as RACM, as it is unsafe to enter. 2.06 BACKFILL, GRADING, AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil or sand shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 19 of 30 Page 94 of 578 B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. All backfill shall be adequately compacted so as to minimize soil settling. C. Additional Fill Material: All additional fill material shall be of equal quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. F. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control (seeding) that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer, and straw mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with public and private utility companies for disconnection of services, including, but not limited to, water, sewer, electricity, natural gas, cable television, phone and internet. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 20 of 30 Page 95 of 578 A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may contact the Waterloo Building Inspections Department for requirements to comply with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. C. Storm Sewer: Disconnect all sump pump and area drain connections to the storm sewer system. Notify the Waterloo Engineering Department for inspection of the disconnection prior to placing backfill material. D. Backfill and Compaction: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right -of -Way: All areas within the public right-of-way (including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off -site vehicle track out (stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40% Berkshire Hard Fescue 30% Treasure Chewing Fescue 30% Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. Once vegetation is established to stabilize the soil, the Contractor shall remove all temporary erosion control measures. City's Representative may approve alternate seeding blends that are deemed equally acceptable as determined by the City. For any sites over one acre of disturbance: 1. All of the above requirements shall be met, and RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 21 of 30 Page 96 of 578 2. Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP) and obtain necessary approvals/permits from the City and State. 3. Contractor shall contact the Waterloo Engineering Department for pre -disturbance inspection prior to land disturbance, and for post -disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled, and all hazards removed. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pick up any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies the disposal site (Black Hawk County Landfill — refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste) to which the materials were delivered. Such tickets shall be required to process billing statements by the Contractor. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 22 of 30 Page 97 of 578 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the City's Representative. The City will then inform the State Historical Society of Iowa (SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a "not to exceed" basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 2.17 SPECIAL PROVISIONS - 309 E 2nd St: This fire damaged home has a section of wood fence directly in front of the home (see picture below) that is to be removed, but all other wood fence along the property lines is to remain. The driveway approach is to be partially removed and partially remain (see below) and driveway extending back to the wood fence is to remain. The remainder of the driveway and parking area in the rear yard is to be removed. There are two street trees in front of this property that are to remain. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 23 of 30 Page 98 of 578 Remove trees/growth in fence. Protect fence, stump removal not required. - 1103 Commercial St: This home has two sheds to remove. It has three street trees to remain (two along Commercial St, and one along w 9th St), and one tree to be removed. There are three private walks to be removed (two on the abutting City owned lot). Abutting City owned lot may be used for staging area, but any damage will need to be repaired. Behind rear property is a public alley with an overhead utility pole to remain (protect). RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 24 of 30 Page 99 of 578 118 Sycamore St: This is a commercial building with street frontage along Sycamore St and E Mullan Av, which is US Highway 63. The abutting building at 128 Sycamore St is under contract to be demolished. 118 Sycamore has four building "sections". Two of the sections have been completely abated of asbestos. One section has been partially abated, and one section has not been abated (noted in picture below), as it was deemed not safe to remove asbestos, and must be demolished as a RACM demolition. The partially abated section has "interior remnant roof tar". This will include removal of this section's roof as non-RACM, removal of the top few feet of three walls of that section that contain the "tar" as RACM, and then demolition of the remainder of that section as non-RACM. Public sidewalk (including decorative pavers) to remain (protect). A portion of the building foundation wall (to be removed) is directly abutting the public sidewalk. Any sidewalk sections damaged during foundation removal are to be replaced. It has two driveway approaches to be removed. oa130f21124 la, d Ai Sided anit . 0 4110 Q Building sections 1 & 2 to be demolished as non-RACM Building section 4 to be demolished as part RACM and part non-RACM • \ ` N. 1/if ! 11 \ - • • \• • \'. 128 Sycamore St (under contract) aa3s EYrew ♦ \ Building section 3 to be demolished as RACM $j Remove both driveway approaches RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 25 of 30 Page 100 of 578 128 Sycamore Building section 3 to be demolished as RACM Building section 4 to be demolished as part RACM Building section 4 SW wall (river side) appears to have no interior remnant roof tar Building section 4 interior remnant roof tar on NE wall (street side) to be removed as RACM Section 3 ystai ' ibution Sign to be removed, including footing and electrical Public sidewalk to remain (protect) Building section 4 interior remnant roof tar on NW wall to be removed as RACM Building section 4 interior remnant roof tar on SE wall to be removed as RACM RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2' St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 26 of 30 Page 101 of 578 EXHIBT "C" DRAFT CONTRACT CONTRACT D-2025-01-03P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES 309 E 2nd Street, and 1103 Commercial Street (City owned properties, non-RACM demos), and 118 Sycamore Street (WDC owned property, partial non-RACM demo and partial RACM demo) This Contract for Demolition and Site Clearance Services (part RACM) (the "Contract") is entered into as of February 3, 2025 by and between the City of Waterloo, Iowa ("City") and . ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of February 3, 2025 thru June 2, 2025, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). The Waterloo Development Corporation (WDC) is an intended beneficiary of this Contract with respect to property 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 Contractor's RFB response, except by written amendment as provided herein. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2"d St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 27 of 30 Page 102 of 578 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 on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced, and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of Contract. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this Contract. 5. Indemnity. Except as to any negligence of City and WDC, and their respective officials, officers, directors, 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, directors, 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. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 28 of 30 Page 103 of 578 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. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 29 of 30 Page 104 of 578 11. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-01-03P: 309 E 2nd St, and 1103 Commercial St (City properties, non-RACM demos), and 118 Sycamore St (WDC property, partial non-RACM demo and partial RACM demo). Page 30 of 30 Page 105 of 578 All Property Line Wood Fencing - To Remain/Protect ♦ Private Walkway (along fence) - To Be Removed 309 E 2nd St Driveway Portion #1 (along fence) - To Be Removed ♦ ♦ • Driveway Portion #2 (middle section) - To Remain/Protect Driveway Portion #3 (approach) - Partially Remove/See Specs Both Street Trees - To Remain/Protect Public Sidewalk - Private Walkway - To Remain/Protect To Be Removed �,9tt Esri Community 1v1 ,>Contributors, Iowa ► R, © OpenStreetMap, Micr Esri, TomTom, Garmik jafeGraph, GeoTech glogies, Inc, METI/NAS EPA, NPS, US Census Bu' au, USDA, USFWS, So ces: Esri, Airbus NG/ 4 ASA, CGIAR, N Robi on, NCEAS, NLS, OSMA, Rijkswate tas at, GSA, Geoland, FEN1A, Intermap and th Geod astyrels n, S Wyse/er community City of Waterloo, Iowa D,,. 1 na of F7S2 0 4,000 8,00012,000 Feet Black Hawk County, IA Summary Parcel ID 891323478009 Alternate ID Property Address 309 E 2ND ST WATERLOO IA 50703 Sec/Twp/Rng N/A Brief Tax Description ORIGINAL PLAT WATERLOO EAST ALL LOT 8 BLK 32 EXC NW 55 FT SW 30 FT (Note: Not to be used on legal documents) Deed Book/Page 202400012183 (4/4/2024) Contract Book/Page Adjusted CSR Pts 0 Class R - Residential (Note: This is for assessment purposes only. Not to be used for zoning.) District 940001- WATERLOO CITY/WATERLOO SCH TIF District 941311 - WATERLOO LOGAN UR TIF AMD1 School District WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood EWTLO-01 Owner information Deed Mail To CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST 715 MULBERRY ST WATERLOO IA 50703 WATERLOO IA 50703 Address Change Form Link to the Address Change Form Sales Date Seller Buyer Multi Recording Sale Condition -NUTC Type Parcel Amount 5/28/2008 SHADLOW,KENNETH GRIDER,TONY 2008- UNUSEABLE SALE - OTHER - PRIOR 09 Deed $13,960.00 00024130 2/24/2000 MOBLEY,ROBERT K SHADLOW,KENNETH 672-444 SALE BETWEEN FAMILY MEMBERS - PRIOR 09 Deed $8,052.00 JAMES 6/30/1995 316-517 PRIOR YEAR SALES - PRIOR 09 Contract $8,051.00 4/10/1992 626-446 NORMAL ARMS -LENGTH TRANSACTION - PRIOR Deed 09 $6,500.00 9/2/1981 241-609 NORMAL ARMS -LENGTH TRANSACTION - PRIOR Contract $22,000.00 09 Show Deed/Contract Show Deed/Contract Land Lot Dimensions Regular Lot: x Front Footage Front Rear Side 1 Side 2 Main Lot 30.00 30.00 95.00 95.00 Sub Lot 2 30.00 30.00 150.00 150.00 Sub Lot 3 0.00 0.00 0.00 0.00 Sub Lot 4 0.00 0.00 0.00 0.00 Lot Area 0.17 Acres;7,350 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Residental Dwellings Page 107 of 578 Residential Dwelling Occupancy Single -Family Style 13/4 Story Frame Architectural Style N/A Year Built 1891 Exterior Material Wd Lap Total Gross Living Area 1,513 SF Attic Type None; Number of Rooms 7 above; 0 below Number of Bedrooms 5 above; 0 below Basement Area Type Full Basement Area 1,008 Basement Finished Area Plumbing 1 Cust Bath - 3 Fixt; 1 Shower Stall/Tub; Central Air No Heat Yes Fireplaces Porches 1S Frame Enclosed (91 SF); 1S Frame Open (112 SF); Decks Wood Deck (224 SF); Additions 1 Story Frame (420 SF) (420 Bsmt SF); 1 Story Frame (5 SF); Garages Permits Permit # Date Description Amount FC 12/13/2022 Misc 0 WA 00795 03/04/2009 Misc 100 WA 09793 11/12/2008 Ext-Remodel WA 03566 09/05/2008 Roof Valuation 500 2,000 2024 2023 2022 2021 2020 Classification Residential Residential Residential Residential Residential + Assessed Land Value $9,870 $9,870 $9,870 $9,870 $4,230 + Assessed Improvement Value $0 $0 $0 $0 $0 + Assessed Dwelling Value $2,080 $2,080 $37,700 $37,700 $34,270 = Gross Assessed Value $11,950 $11,950 $47,570 $47,570 $38,500 - Exempt Value ($11,950) $0 $0 $0 $0 = Net Assessed Value Exemptions Code Description Amount $0 $11,950 $47,570 $47,570 $38,500 E86 CITY PROPERTY 11,950 Taxation 2023 2022 2021 2020 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 + Taxable Land Value $4,574 $5,394 $5,343 $2,386 + Taxable Improvement Value $0 $0 $0 $0 + Taxable Dwelling Value $964 $20,603 $20,407 $19,332 = Gross Taxable Value $5,538 $25,997 $25,750 $21,718 Homestead 65+ Exemption - Military Exemption $0 $0 $0 $0 $0 $0 $0 $0 = Net Taxable Value $5,538 $25,997 $25,750 $21,718 x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 40.15223 = Gross Taxes Due $238.85 $1,044.75 $1,017.10 $872.03 - Ag Land Credit - Family Farm Credit $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 - Homestead Credit - Disabled and Senior Citizens Credit ($209.18) ($194.91) ($191.57) ($194.74) $0.00 $0.00 $0.00 $0.00 - Business Property Credit $0.00 $0.00 $0.00 $0.00 = Net Taxes Due Homestead Year 2024 $29.67 $849.84 $825.53 $677.29 Type HOMESTEAD Page 108 of 578 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 March 2025 September 2024 $15 $15 Yes Yes 644825 2022 March 2024 September 2023 $425 $425 Yes Yes 505803 2021 March2023 $413 Yes 5/16/2023 435473 September 2022 $413 Yes 11/29/2022 2021 March2023 $12 Yes 5/16/2023 435473 September 2022 $0 No 2021 March 2023 September 2022 $4 Yes 5/16/2023 435473 $0 No 2021 March 2023 September 2022 $0 $12 No Yes 11/29/2022 435473 2020 March 2022 $339 Yes 6/20/2022 354139 September2021 $339 Yes 6/20/2022 2020 March2022 $15 Yes 6/20/2022 354139 September 2021 $46 Yes 6/20/2022 2020 March2022 $0 No 354139 September 2021 $4 Yes 6/20/2022 2019 March 2021 September 2020 $15 Yes 6/4/2021 232187 $0 No 2019 March 2021 September 2020 $4 Yes 6/4/2021 232187 $0 No 2019 March 2021 September 2020 $0 $15 No Yes 12/31/2020 232187 2019 March2021 $331 Yes 6/7/2021 232187 September2020 $331 Yes 12/31/2020 2018 March2020 $337 Yes 6/4/2021 046470 September 2019 $337 Yes 11/27/2019 2018 March2020 $25 Yes 12/31/2020 046470 September 2019 $0 No 2018 March 2020 September 2019 $0 $10 No Yes 11/27/2019 046470 2018 March 2020 September 2019 $4 Yes 6/4/2021 046470 $0 No 2017 March 2019 September 2018 $332 Yes 6/17/2019 046470 $332 Yes 6/17/2019 2017 March2019 $0 No 046470 September 2018 $4 Yes 6/17/2019 2017 March 2019 $15 Yes 6/17/2019 046470 September 2018 $45 Yes 6/17/2019 2016 March 2018 $344 Yes 9/12/2019 046470 September 2017 $344 Yes 3/14/2018 2016 March 2018 September 2017 $0 $26 No Yes 3/14/2018 046470 2016 March 2018 September 2017 $15 Yes 9/12/2019 046470 $0 No 2016 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos $4 Yes 9/12/2019 046470 $0 No Page 109 of 578 Sketches Sketch by %um...camavisian.com Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 12/19/2021 Sales by Neighborhood J Sales by Subdivision Distance: 1500 13 20 19 B FR [420] 1S FR EP [91] 10 14 16 14 2S B FR [MAIN] [588] 26 1S FR OP 6 [112] 14 WO ❑K 16 [224] To:r 12/19/2024 Feet v Sales by Distance 1S FR [5] Page 110 of 578 Tree (between house and W 9th St) - To Be Removed Street Tree - To Remain/Protect Private Walkway - To Be Removed Public Sidewalk - To Remain/Protect Shed #1- To Be Removed 1103 Commercial St CO C> City Owned Lot - Available For Use (Demolitionist Responsible for Restoring Damage) Shed #2- To Be Removed Two Street Trees - To Remain/Protect Esri Communitx Maps Contributors, I.pwa DNR, © OpenStree Ma , Microsoft, Esri, TomTom, min, SafeGraph, Ge Tchnologies, Inc, METI1NASA, USGS, EPA, NPS, US CeieluBureau, USDA, USFW$ Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, NRobinson, NCEAS, NL\S OS, NMA, Geodatastyrelsenq,5 Rijkswaterstaat, GSA, G cSI'nd, FEMA, Intermap a d the GIS user commLtty Citly of Waterloo, Iowa Deno 111 of F7S2 0 4,000 8,00012,000 Feet Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District TIF District School District 891325155014 1103 COMMERCIAL ST WATERLOO IA 50702 N/A FRL BLOCKS WEST WATERLOO LOT 55 BLK 11 (Note: Not to be used on legal documents) 2024-13566 (5/1/2024) 0 R - Residential (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH 941041- WATERLOO RIVERFRONT UR TIF WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood CWTLO-09 Owner information Deed CITY OF WATERLOO, IOWA 715 MULBERRY ST WATERLOO IA 50703 Address Change Form Mail To CITY OF WATERLOO, IOWA 715 MULBERRY ST WATERLOO IA 50703 Link to the Address Change Form Sales Date Seller Buyer Recording Sale Condition - NUTC Multi Type Parcel Amount 4/26/2024 BESCHORNER,ZACHARY CITY OF WATERLOO 2024- SALE TO/BY GOVERNMENT/EXEMPT 00013566 ORGANIZATION Deed $45,920.00 11/17/2010 KNIPP,BRIGID G BESCHORNER,ZACHARY 2011- NORMAL ARMS -LENGTH TRANSACTION - 09/11 Deed 00011291 $15,000.00 5/8/2007 LICHTY,MARYJ Show Deed/Contract Jnow ueea/Contract H I LLMAN,LYLE 2008- PURCHASE OF ADJOINING (TOUCHING) OR 000851 ADJACENT (NEAR-BY)PROPERTY - PRIOR 09 Land Lot Dimensions Regular Lot: 60.00 x 140.00 Lot Area 0.19 Acres;8,400 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Residental Dwellings Contract $20,000.00 Page 112 of 578 Residential Dwelling Occupancy Single -Family Style 2 Story Frame Architectural Style N/A Year Built 1876 Exterior Material Asb Total Gross Living Area 1,572 SF Attic Type None; Number of Rooms 6 above; 0 below Number of Bedrooms 3 above; 0 below Basement Area Type Full Basement Area 912 Basement Finished Area Plumbing 1 Standard Bath; Central Air No Heat Yes Fireplaces Porches 1S Frame Open (65 SF); 1S Frame Open (126 SF); Decks Additions 1 Story Frame (252 SF) (252 Bsmt SF); Garages Permits Permit # Date Description Amount WA 07967 11/09/2011 Furnace 1,800 WA 07928 11/08/2011 Int-Remodel WA 0953 06/13/2007 Fence 8,500 500 WA 1946 09/23/2002 Misc 500 Valuation 2024 2023 2022 2021 2020 Classification Residential Residential Residential Residential Residential + Assessed Land Value $10,500 $10,500 $10,500 $10,500 $4,500 + Assessed Improvement Value $0 $0 $0 $0 $0 + Assessed Dwelling Value $35,420 $35,420 $29,040 $29,040 $34,320 = Gross Assessed Value $45,920 $45,920 $39,540 $39,540 $38,820 - Exempt Value ($45,920) $0 $0 $0 $0 = Net Assessed Value Exemptions Code Description Amount $0 $45,920 $39,540 $39,540 $38,820 E86 CITY PROPERTY 45,920 Taxation 2023 2022 2021 2020 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 + Taxable Land Value $4,866 $5,738 $5,684 $2,538 + Taxable Improvement Value + Taxable Dwelling Value $0 $0 $0 $0 $16,415 $15,870 $15,719 $19,360 = Gross Taxable Value - Homestead 65+ Exemption $21,281 $21,608 $21,403 $21,898 $0 $0 $0 $0 - Military Exemption $0 $0 $0 $0 = Net Taxable Value $21,281 $21,608 $21,403 $21,898 x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 40.15223 = Gross Taxes Due $917.84 $868.37 $845.40 $879.25 - Ag Land Credit $0.00 $0.00 $0.00 $0.00 - Family Farm Credit $0.00 $0.00 $0.00 $0.00 - Homestead Credit $0.00 $0.00 $0.00 $0.00 - Disabled and Senior Citizens Credit - Business Property Credit $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 = Net Taxes Due $917.84 $868.37 $845.40 $879.25 Page 113 of 578 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 March 2025 September 2024 $459 Yes 7/24/2024 621742 $459 Yes 7/24/2024 2022 March 2024 $434 Yes 4/1/2024 534553 September 2023 $434 Yes 9/22/2023 2021 March 2023 $423 Yes 3/28/2023 429720 September 2022 $423 Yes 8/29/2022 2020 March 2022 $440 Yes 3/29/2022 316551 September 2021 $440 Yes 9/21/2021 2019 March 2021 September 2020 $433 Yes 3/30/2021 242629 $433 Yes 9/25/2020 2018 March 2020 September 2019 $496 Yes 3/18/2020 048938 $496 Yes 10/1/2019 2017 2016 March 2019 September 2018 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Sketches $492 Yes 3/29/2019 $492 Yes 10/1/2018 $506 Yes 3/28/2018 $506 Yes 10/4/2017 1S FR OP [126] Sketch by wevr.carnavision.com 14 18 1S B FR [252] 5 13 22 29 B FR [MAIN] [660] 30 7 18 19 FR OP [65] 048938 048938 Page 114 of 578 Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 12/19/2021 Sales by Neighborhood Sales by Subdivision To: 12/19/2024 Distance:l 1500 I Feet Homestead Tax Credit and Exemption Sales by Distance Apply Online for the Homestead Tax Credit and Exemption Military Service Tax Exemption Application Apply Online for the Military Service Tax Exemption No data available for the following modules: Agricultural Land/CSR, Commercial Buildings, Agricultural Buildings, Yard Extras, Homestead, Tax Sale Certificate, Special Assessments, Board of Review Petition. The maps and data available for access at this website are provided "as is" without warranty or any representation of accuracy, timeliness, or completeness. User Privacy Policy I GDPR Privacy Notice Last Data Upload: 12/19/2024, 5:16:05 AM Contact Us r SCHNEIDER Page 115 of 578 Post Sign - To Be Removed Parking Area - To Be Removed Both Driveways - To Be Removed 118 Sycamore St Non-RACM Demolition Partial RACM Demolition Tree - To Be Removed Public Sidewalk - To Remain/Protect RACM Demolition o 128 Sycamore St - Already Under Contract for Demolition City Owned Lot (grass area behind lot) - Available For Use orrfmunity Maps Co butors Iowa DN ©OpenStreetMap Microsoft (Demolitionist Responsible for Restoring Damage) (TomTom, Garmin, afeGraph, GeoTec//hnologies, Inc, METI/NASA, USGS, rA, NPS, US Cen Bureau, USDA, U'WS, Sources: Esri, Airbus DS, USGS, NGA, NASA, CAI R, N Robinson, NGEAS>NLS, OS, NMA, Geodatastyrelsen, Rijkswatersta GSA, Geoland, FEM' Interrr and the GIS user community pN Citly of Waterloo, Iowa Deno 1 1 A, of R7A 0 4,000 8,00012,000 Feet Black Hawk County, IA Summary Parcel ID 891323479001 Alternate ID Property Address 118 SYCAMORE ST WATERLOO IA 50703 Sec/Twp/Rng N/A Brief ORIGINAL PLAT WATERLOO EAST NW 60 FT LOTS 1 & 4 BLK 8 LOT 2 BLK 8 LOT Tax Description 3 BLK 8 (Note: Not to be used on legal documents) Deed Book/Page 202400000623 (7/17/2023) Contract Book/Page Adjusted CSR Pts 0 Class C - Commercial (Note: This is for assessment purposes only. Not to be used for zoning.) District 940001- WATERLOO CITY/WATERLOO SCH TIF District 941041 - WATERLOO RIVERFRONT UR TIF School District WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood *DOWNTOWN WA-E Owner information Deed Mail To WATERLOO DEVELOPMENT CORPORATION WATERLOO DEVELOPMENT CORPORATION 360 WESTFIELD AVE SUITE 200 360 WESTFIELD AVE SUITE 200 WATERLOO IA 50701 WATERLOO IA 50701 Address Change Form Link to the Address Change Form Sales Date Seller Buyer Multi Recording Sale Condition - NUTC Type Parcel Amount 7/14/2023 KIES ELECTRIC SUPPLY COMPANY WATERLOO DEVELOPMENT CORPORATION 2024-00000623 NORMAL Show Deed/Contract snow Deed/Contract Land Lot Area 0.58 Acres ;25,200 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Commercial Buildings Building 1: Warehouse (Storage), Solid Brick - 8" / C'BIk or Tile - 8", 1 Story, Built - 1917, 3480 SF, Bsmt - 3480 SF, HVAC - Suspended Unit Heater (Gas), Roof - Rubber Membrane/Stl Addition 1: Warehouse (Storage), C'BIk or Tile - 8",1 Story, Built - 1960, 4320 SF, Bsmt - 4320 SF HVAC - Suspended Unit Heater (Gas) / Combination FHA - AC, Roof - Rubber Membrane/Stl Adjustments: Office - internal w/heat only, 1656 SF Mezzanine - storage, 3328 SF Floor - dock level adjustment, 4320 SF Canopy - attached, 50 SF Canopy - attached, 420 SF Loading Dock, 240 SF Addition 2: Warehouse (Storage), C'BIk or Tile - 8",1 Story, Built - 1973, 3172 SF, Bsmt - 0 SF HVAC - Electric, Roof - Rubber Membrane/Precast Hollow Plan Adjustments: Mezzanine - storage, 3360 SF Floor- dock level adjustment, 3360 SF Addition 3: Store -Retail Small, C'BIk or Tile - 8", 1 Story, Built - 1973, 4108 SF, Bsmt - 0 SF HVAC - Combination FHA - AC, Roof - Rubber Membrane/Stl Adjustments: Canopy - attached, 316 SF Building Extras: #1- Elevator - Freight Hydraulic, Power Elev, 100 Feet/Min, 2 Stops, Manual Door, 3,000 LB Capacity, 1917, Qty1 #2- Door, O.H. - Door - Manual, 9 Ft Wide, 8 Ft High, 1917, Qty1 Deed $275,000.00 Page 117 of 578 Yard Extras #1- (1) Paving - Concrete 8,900 SF, Concrete Parking, Average Pricing, Built 1974 #2 - (1) Sign Poles (Wood and Steel) 20 LF, 20' Steel, 0 Diameter, Built 1974 Permits Permit # Date Description Amount WA 1178 07/19/2005 Roof 19,866 Valuation 2024 2023 2022 2021 2020 Classification Commercial Commercial Commercial Commercial Commercial + Assessed Land Value $75,600 $75,600 $50,400 $50,400 $50,400 + Assessed Improvement Value $280,990 $280,990 $370,070 $370,070 $370,070 + Assessed Dwelling Value so $0 $0 $0 $0 = Gross Assessed Value $356,590 $356,590 $420,470 $420,470 $420,470 - Exempt Value $0 $0 $0 $0 $0 = Net Assessed Value $356,590 $356,590 $420,470 $420,470 $420,470 Taxation 2023 2022 2021 2020 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 + Taxable Land Value $54,156 $39,004 $45,360 $45,360 + Taxable Improvement Value + Taxable Dwelling Value $201,289 $286,394 $333,063 $333,063 $0 $0 $0 $0 = Gross Taxable Value $255,445 $325,398 $378,423 $378,423 - Homestead 65+ Exemption $0 $0 $0 $0 - Military Exemption $0 $0 $0 $0 = Net Taxable Value $255,445 $325,398 $378,423 $378,423 x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 40.15223 = Gross Taxes Due $11,017.21 $13,076.87 $14,947.36 $15,194.53 - Ag Land Credit $0.00 $0.00 $0.00 $0.00 - Family Farm Credit $0.00 $0.00 $0.00 $0.00 - Homestead Credit $0.00 $0.00 $0.00 $0.00 - Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 - Business Property Credit $0.00 $0.00 ($2,933.85) ($3,164.99) = Net Taxes Due $11,017.21 $13,076.87 $12,013.51 $12,029.54 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 March2025 $5,509 No 644834 September 2024 $5,509 Yes 9/20/2024 2022 March2024 $0 No 505812 September2023 $196 Yes 11/14/2023 2022 March 2024 September 2023 $6,538 Yes 4/17/2024 505812 $6,538 Yes 11/14/2023 2022 March 2024 September 2023 $98 Yes 4/17/2024 505812 $0 No 2022 March2024 $4 Yes 4/17/2024 505812 September 2023 $0 No 2021 March2023 $6,007 Yes 7/18/2023 435482 September 2022 $6,007 Yes 7/18/2023 2021 March 2023 September 2022 $360 Yes 7/18/2023 435482 $901 Yes 7/18/2023 2021 March 2023 September 2022 $0 $4 No Yes 7/18/2023 435482 2020 March2022 $0 No 372071 September2021 $4 Yes 7/18/2023 2020 March2022 $1,444 Yes 7/18/2023 372071 September 2021 $1,985 Yes 7/18/2023 2020 March 2022 $6,015 Yes 7/18/2023 372071 September 2021 $6,015 Yes 7/18/2023 2019 March 2021 September 2020 $275 Yes 7/18/2023 229968 $824 Yes 7/18/2023 2019 March 2021 September 2020 $6,102 Yes 7/18/2023 229968 $6,102 Yes 7/18/2023 2019 March 2021 September 2020 $0 $4 No Yes 7/18/2023 229968 Page 118 of 578 Year Due Date Amount Paid Date Paid Receipt 2018 March 2020 September 2019 $5,828 Yes 7/18/2023 046479 $5,828 Yes 7/18/2023 2018 March 2020 $962 Yes 7/18/2023 046479 September 2019 $1,486 Yes 7/18/2023 2017 March 2019 $5,919 Yes 7/18/2023 046479 September 2018 $5,919 Yes 7/18/2023 2017 March 2019 September 2018 $0 No $4 Yes 7/18/2023 046479 2017 March 2019 September 2018 $2,042 Yes 7/18/2023 046479 $2,575 Yes 7/18/2023 2016 March 2018 September 2017 $0 $4 No Yes 7/18/2023 046479 2016 March 2018 September 2017 $3,074 Yes 7/18/2023 046479 $3,601 Yes 7/18/2023 2016 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Sketches $5,856 Yes 7/18/2023 046479 $5,856 Yes 7/18/2023 29 B1-1S B BRK [3480] 120 36 Al-1S B BRK [4320] 120 A2-1S C'BLK [3172] 61 A3-1S C'BLK [4108] 79 52 Sketch by m e.camavisian.com 46 11 CANOPY CN LOG OK 11'X 24 [316] [264] CANOPY 11'X 46' [506] 1S BRK EP 5'X 7' [35] CANOPYIBRK LOG 5'X 10' [50] Page 119 of 578 Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 12/19/2021 Sales by Neighborhood Sales by Subdivision To: 12/19/2024 Distance:l 1500 I Feet Homestead Tax Credit and Exemption Sales by Distance Apply Online for the Homestead Tax Credit and Exemption Military Service Tax Exemption Application Apply Online for the Military Service Tax Exemption No data available for the following modules: Agricultural Land/CSR, Residental Dwellings, Agricultural Buildings, Exemptions, Homestead, Tax Sale Certificate, Special Assessments, Board of Review Petition. The maps and data available for access at this website are provided "as is" without warranty or any representation of accuracy, timeliness, or completeness. User Privacy Policy I GDPR Privacy Notice Last Data Upload: 12/19/2024, 5:16:05 AM Contact Us rJ SCHNEIDER GEOSPATIAL Page 120 of 578 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE January 6, 2025 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as February 6, 2025 and date of public hearing as February 17, 2025, in conjunction with the Terminal Security Upgrades, IDOT CSVI FY-24 Project, Contract No. 5819, and direct City Clerk to publish said notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 121 of 578 1. 03 NTB - SECURITY ALO 2. 04 NPH - SECURITY ALO 3. ALO Terminal_ Security Upgrade ACS - Bid Package Complete - 20 Dec 2024 Page 122 of 578 NOTICE TO BIDDERS FOR THE TAKING OF CONSTRUCTION BIDS FOR TERMINAL SECURITY UPGRADES (ACS) AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 6th day of February 2025, until 1:00 p.m. for the reconstruction of the Terminal Security Upgrades (ACS), Contract No. 5819, 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 at City Hall, in the City of Waterloo, Iowa, on the 6th day of February 2025, until 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PRE -BID MEETING A pre -bid meeting for this project will be held on January 15, 2025, at 10:00 a.m in the Airport Conference Room on the 2nd Floor at the Waterloo Regional Airport. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid a Resident Bidder Certification or a Non -Resident Bidder Certification in the form(s) herein provided. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. SCOPE OF WORK The Terminal Security Upgrades (ACS) project consists of an upgrade to the existing door Access Control System at and within the Waterloo Regional Airport terminal building. The Access Control system will allow control of the Security Identification Display Area (SIDA) Line as well as controlling access to the Secured and Sterile areas. This control system upgrade will have door contacts allowing the monitoring personnel to know the status of each door upon a glance. Access controls for the automated exterior gates will also receive upgrades. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 NTB-1 NOTICE TO BIDDERS Terminal Security Upgrades (ACS) AECOM 60734402 Page 123 of 578 BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed within seventy-five (75) calendar days. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, which plans and specifications, and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Complete digital Plans and Specifications are available at www.questcdn.com. You may download the digital documents free of charge from Questcdn by inputting Questcdn Project #9353972 on the website's Project Search page. Please contact Questcdn.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading and working with this digital project information. Optional paper copies of the Plans and Specifications are available from AECOM, 501 Sycamore Street, Suite 222, Waterloo, Iowa, upon receipt of a $25.00 deposit (CHECK ONLY). Deposits are fully refundable if the plans and specifications are returned in usable condition (i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Waterloo AECOM office listed above by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor, or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City and consulting engineer to verify eligibility for the refundable deposit. Please DO NOT obtain Bid Documents from any source other than Questcdn.com or through the AECOM Waterloo office as listed above. Obtaining documents through any other source could prevent Bidder from being included on the official AECOM Plan Holders List which, in turn, may cause the Bidder to not receive addenda or other time -sensitive / bid -critical documents. The City has the right to reject any bids that do not have current bidding documents included in the proposal. The deposit policy shall apply to the prime contractor awarded the project for all plans and specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned. Upon award of project, the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. EXAMINATION OF PROPOSED WORK Bidders are strongly encouraged to visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any understanding or representation concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Instructions to Bidders, the Specifications or related documents. Bidders shall arrange an individual site visit prior to Bidding by contacting the Airport Director at (319) 291-4483. PREPARATION OF BIDS a) Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the bid. The bidder has the option to submit a computer -generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price, and Total Bid. The computer -generated spreadsheet shall include all the information listed in that portion of the Form IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 NTB-2 NOTICE TO BIDDERS Terminal Security Upgrades (ACS) AECOM 60734402 Page 124 of 578 of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer -generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. b) The Bid Form may provide for submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, schedule items resulting in a bid on a unit of construction, or a combination thereof, etc. When the Bid Form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submission of a price on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted. c) Unless called for, alternate bids will not be considered. Contractors shall submit pricing on all alternate bid items. d) Modifications of bids already submitted will be considered if received at the City Clerk's Office by the time set for closing of bids. Telegraphic modifications will be considered but should not reveal the amount of the original or revised bid. e) In preparing the bid, the bidder shall specify the price, written legibly in ink or with the typewriter, at which the Contractor proposes to do each item of work. The unit price shall be stated in figures in the blank space provided (i.e., $7.14). In items where unit price is required, the total amount of each item shall be computed at the unit prices bid for the quantities given on the Bid Form and stated in figures in the blank space provided. If the bidder chooses to submit the unit prices, total bid price, and total bid on a computer -generated spreadsheet, all numbers shall be easily legible. f) Any changes or alterations made in the Bid Form, or any addition thereto, may cause the rejection of the bid. No bid will be considered which contains a clause in which the Contractor reserves the right to accept or reject a contract awarded him by the City Council of Waterloo. Bids in which the unit prices are obviously unbalanced may be rejected. g) If the bidder does not qualify as a resident bidder, the nonresident bidder shall specify on the project proposal whether any preference to resident bidders, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country is in effect in the nonresident bidder's state or country of domicile at the time of a bid submittal. SUBMISSION OF BIDS a) A bid must be sealed in an envelope and marked to indicate its contents. If forwarded by mail, the envelope shall be mailed to the City Clerk/Auditor. All bids must be filed with the City Clerk/Auditor of the City of Waterloo at their office in the City Hall before the time specified for closing bids. b) Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the City of Waterloo, Iowa, that the non -arrival on time was due solely to delay in the mails for which the bidder was not responsible, such bid will be received and considered. c) Bidders are cautioned that, while telegraphic modifications of bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the bid so modified or amended, subject to rejection. MARKING AND MAILING BIDS Envelopes containing bids must be sealed and addressed to the City Clerk, 715 Mulberry Street, Waterloo, IA 50703; and marked in the upper left-hand corner as follows: Bid of (Name and Address of Contractor) for TERMINAL SECURITY UPGRADES (ACS), Waterloo, Iowa, IDOT CSVI Project No. 9I240AL0200. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 NTB-3 NOTICE TO BIDDERS Terminal Security Upgrades (ACS) AECOM 60734402 Page 125 of 578 LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the City Clerk's Office after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City of Waterloo, will be considered at any time it is received and may therefore be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. ERRORS IN BID Bidders or their authorized agents are expected to examine the Maps, Drawings, Specifications, Circulars, Schedule and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the Bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. ACCEPTANCE OF BIDS The City reserves the right to reject any or all bids and to waive informalities in the bids submitted that might be in the best interest of the City. The project will be awarded to the lowest most responsive responsible bidder for the total bid or for the total bid including alternate bid items. Award will be made based on City of Waterloo funding availability. It is anticipated that acceptance of the Form of Bid or Proposal will be on or before February 6, 2025. Once the City Council has approved the contract on February 6, 2025, the Notice to Proceed will be issued. The City would like the project completed as early as possible in 2025. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a two-year (2) bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. INSURANCE The Contractor shall purchase and maintain insurance to protect the Contractor and the Waterloo Regional Airport against all hazards enumerated herein throughout the duration of the Contract. All policies shall be in the amounts, form, and companies satisfactory to the Waterloo Regional Airport. Workmen employed by the Contractor, or his subcontractors shall be covered by Workmen's Compensation insurance as provided for by the Code of Iowa. Before beginning work on the project, the successful bidder shall furnish Certificate of Insurance for public liability and motor vehicle liability covering all operations performed by the Contractor and any subcontractor. The Certificate shall be effective during the life of the project or for a period of at least ten (10) days following the filing of written notice of cancellation and shall protect the public and any person from injuries or damages sustained by reason of carrying on the work involved in the project. The minimum limits of liability shall be as follows: Comprehensive General Liability Insurance General Aggregate Limit $ 2,000,000.00 Product -- Completed Operations Aggregate Limit $ 2,000,000.00 DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 NTB-4 NOTICE TO BIDDERS Terminal Security Upgrades (ACS) AECOM 60734402 Page 126 of 578 Each Occurrence Limit $ 2,000,000.00 Comprehensive Automobile Liability Insurance $ 1,000,000.00 The Contractor shall have the City of Waterloo, Iowa, and AECOM Technical Services, Inc., named as an "Additional Named Insured". DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION — 49 CFR PART 29 The bidder certifies, by submission of a proposal or acceptance of a contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Individuals or companies listed in the General Services Administration's "Excluded Parties Listing System" will not be considered for award of contract. AFFIRMATIVE ACTION PROGRAM The successful bidder and any subcontractors will be required to execute and have approved an Affirmative Action Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000.00 in City projects during the current calendar year. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature, character, and location of the work, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, all other matters which can, in any way, affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. METHOD OF PAYMENT The successful bidder will be required to submit a schedule of values for lump sum items. The schedule of values will be utilized to issue percent lump sum complete pay estimates. The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed, and materials delivered, and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. CARE OF WORK The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the City. The Contractor shall provide sufficient watchmen, both day and night; including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment, or time due to the acts of any person on the project site. Therefore, it is the responsibility of the Contractor to determine when a watchman is needed. The Contractor shall avoid damage to existing building, driveway, electrical systems, except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. The Contractor shall leave the work site in a neat and clean condition after completion of work. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 NTB-5 NOTICE TO BIDDERS Terminal Security Upgrades (ACS) AECOM 60734402 Page 127 of 578 LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the FORM OF BID OR PROPOSAL, plus authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work, the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering, and contract administration. SUBCONTRACTS The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract for the improvements embraced in this contract. REVIEW BY THE CITY OF WATERLOO The City of Waterloo, its authorized representatives and agents shall, at all times, have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this contract provided, however, that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. INSPECTION The contractor shall furnish promptly all materials reasonably necessary for any tests, which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the project site. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease -purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims, liens, or charges. Neither the contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 NTB-6 NOTICE TO BIDDERS Terminal Security Upgrades (ACS) AECOM 60734402 Page 128 of 578 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 CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 NTB-7 NOTICE TO BIDDERS Terminal Security Upgrades (ACS) AECOM 60734402 Page 129 of 578 Page 130 of 578 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the TERMINAL SECURITY UPGRADES (ACS) WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa CSVI PROJECT NO. 91240AL0200 CONTRACT NO. 5819 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 6th day of February 2025, at 1:00 p.m. for the construction of the Terminal Security Upgrades (ACS), 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 at City Hall, in the City of Waterloo, Iowa, on the 6th day of February 2025, 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. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on the 17th day of February 2025, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City of Waterloo 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 above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at https://www. cityofwaterlooiowa. com/government/municipalgovermentbids.php 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 1) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprojects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ Contract No. CNTRT-5819 NPH-1 of 2 Notice of Public Hearing Terminal Security Upgrades (ACS) Waterloo Regional Airport — 60734402 Page 131 of 578 SCOPE OF WORK The Terminal Security Upgrades (ACS) project consists of an upgrade to the existing door Access Control System at and within the Waterloo Regional Airport terminal building. The Access Control system will allow control of the Security Identification Display Area (SIDA) Line as well as controlling access to the Secured and Sterile areas. This control system upgrade will have door contacts allowing the monitoring personnel to know the status of each door upon a glance. Access controls for the automated exterior gates will also receive upgrades. 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 CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk Contract No. CNTRT-5819 NPH-2 of 2 Notice of Public Hearing Terminal Security Upgrades (ACS) Waterloo Regional Airport — 60734402 Page 132 of 578 AXOM FY 2024 COMMERCIAL SERVICE VERTICAL INFRASTRUCTURE PROJECTS TERMINAL SECURITY UPGRADES (ACS) Waterloo Regional Airport IDOT CSVI PROJECT NO. 9I240AL0200 IDOT CONTRACT NO. CNTRT-00005819 WATERLOO REGIONAL AIRPORT Prepared For: Waterloo Regional Airport 2790 Livingston Lane Waterloo, Iowa 50703 Prepared By: AECOM 501 Sycamore Street, Suite 222 P.O. Box 1497 Waterloo, Iowa 50704-1497 December 20, 2024 Page 133 of 578 Page 134 of 578 TERMINAL SECURITY UPGRADES (ACS) WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa IDOT CSVI PROJECT NO. 9I240AL0200 IDOT CONTRACT NO. CNTRT-00005819 Prepared For: City of Waterloo, Iowa Prepared By: AECOM December 20, 2024 \\\\��iti t 4 i l i 1 r rrr�� \\\\Q 'ci ESS 10 '' 2 `` "'/.,!� =LE. GREGORY C =o zE. = DOLL =z r v = 21498 ' r*? = ' " 1. i/,,rlf0l IW 1[X, \\\\` 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. ��� December 20, 2024 GRE 1' C/. DOLL License No. 21498 My license renewal date is December 31, 2024. Pages or sheets covered by this seal: Date Date Issued: Page 135 of 578 Page 136 of 578 TERMINAL SECURITY UPGRADES (ACS) WATERLOO REGIONAL AIRPORT CONTRACT DOCUMENTS TABLE OF CONTENTS NOTICE TO BIDDERS NTB-1 — 7 NOTICE OF PUBLIC HEARING NPH-1 — 2 PROPOSAL FORM P-1 - 5 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER P-6 STATEMENT OF INTENT P-7 TARGETED SMALL BUSINESS FORM TSB-1 - 6 BIDDER STATUS FORM BF-1 - 2 CONTRACT C-1 - 3 PERFORMANCE BOND C-4 - 5 PAYMENT BOND C-6 — 7 BID BOND BB-1 TECHNICAL SPECIFICATIONS 26 05 19 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 3 26 05 23 CONTROL -VOLTAGE ELECTRICAL POWER CABLES 7 26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 5 26 05 33 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 5 26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS 4 28 10 00 ACCESS CONTROL 23 PLANS — Bound in Specifications IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 TOC-1 TABLE OF CONTENTS Terminal Security Upgrades (ACS) AECOM 60734402 Page 137 of 578 Page 138 of 578 NOTICE TO BIDDERS FOR THE TAKING OF CONSTRUCTION BIDS FOR TERMINAL SECURITY UPGRADES (ACS) AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 6th day of February 2025, until 1:00 p.m. for the reconstruction of the Terminal Security Upgrades (ACS), Contract No. 5819, 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 at City Hall, in the City of Waterloo, Iowa, on the 6th day of February 2025, until 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PRE -BID MEETING A pre -bid meeting for this project will be held on January 15, 2025, at 10:00 a.m in the Airport Conference Room on the 2nd Floor at the Waterloo Regional Airport. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid a Resident Bidder Certification or a Non -Resident Bidder Certification in the form(s) herein provided. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. SCOPE OF WORK The Terminal Security Upgrades (ACS) project consists of an upgrade to the existing door Access Control System at and within the Waterloo Regional Airport terminal building. The Access Control system will allow control of the Security Identification Display Area (SIDA) Line as well as controlling access to the Secured and Sterile areas. This control system upgrade will have door contacts allowing the monitoring personnel to know the status of each door upon a glance. Access controls for the automated exterior gates will also receive upgrades. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 NTB-1 NOTICE TO BIDDERS Terminal Security Upgrades (ACS) AECOM 60734402 Page 139 of 578 BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed within seventy-five (75) calendar days. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, which plans and specifications, and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Complete digital Plans and Specifications are available at www.questcdn.com. You may download the digital documents free of charge from Questcdn by inputting Questcdn Project #9353972 on the website's Project Search page. Please contact Questcdn.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading and working with this digital project information. Optional paper copies of the Plans and Specifications are available from AECOM, 501 Sycamore Street, Suite 222, Waterloo, Iowa, upon receipt of a $25.00 deposit (CHECK ONLY). Deposits are fully refundable if the plans and specifications are returned in usable condition (i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Waterloo AECOM office listed above by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor, or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City and consulting engineer to verify eligibility for the refundable deposit. Please DO NOT obtain Bid Documents from any source other than Questcdn.com or through the AECOM Waterloo office as listed above. Obtaining documents through any other source could prevent Bidder from being included on the official AECOM Plan Holders List which, in turn, may cause the Bidder to not receive addenda or other time -sensitive / bid -critical documents. The City has the right to reject any bids that do not have current bidding documents included in the proposal. The deposit policy shall apply to the prime contractor awarded the project for all plans and specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned. Upon award of project, the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. EXAMINATION OF PROPOSED WORK Bidders are strongly encouraged to visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any understanding or representation concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Instructions to Bidders, the Specifications or related documents. Bidders shall arrange an individual site visit prior to Bidding by contacting the Airport Director at (319) 291-4483. PREPARATION OF BIDS a) Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the bid. The bidder has the option to submit a computer -generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price, and Total Bid. The computer -generated spreadsheet shall include all the information listed in that portion of the Form IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 NTB-2 NOTICE TO BIDDERS Terminal Security Upgrades (ACS) AECOM 60734402 Page 140 of 578 of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer -generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. b) The Bid Form may provide for submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, schedule items resulting in a bid on a unit of construction, or a combination thereof, etc. When the Bid Form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submission of a price on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted. c) Unless called for, alternate bids will not be considered. Contractors shall submit pricing on all alternate bid items. d) Modifications of bids already submitted will be considered if received at the City Clerk's Office by the time set for closing of bids. Telegraphic modifications will be considered but should not reveal the amount of the original or revised bid. e) In preparing the bid, the bidder shall specify the price, written legibly in ink or with the typewriter, at which the Contractor proposes to do each item of work. The unit price shall be stated in figures in the blank space provided (i.e., $7.14). In items where unit price is required, the total amount of each item shall be computed at the unit prices bid for the quantities given on the Bid Form and stated in figures in the blank space provided. If the bidder chooses to submit the unit prices, total bid price, and total bid on a computer -generated spreadsheet, all numbers shall be easily legible. f) Any changes or alterations made in the Bid Form, or any addition thereto, may cause the rejection of the bid. No bid will be considered which contains a clause in which the Contractor reserves the right to accept or reject a contract awarded him by the City Council of Waterloo. Bids in which the unit prices are obviously unbalanced may be rejected. g) If the bidder does not qualify as a resident bidder, the nonresident bidder shall specify on the project proposal whether any preference to resident bidders, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country is in effect in the nonresident bidder's state or country of domicile at the time of a bid submittal. SUBMISSION OF BIDS a) A bid must be sealed in an envelope and marked to indicate its contents. If forwarded by mail, the envelope shall be mailed to the City Clerk/Auditor. All bids must be filed with the City Clerk/Auditor of the City of Waterloo at their office in the City Hall before the time specified for closing bids. b) Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the City of Waterloo, Iowa, that the non -arrival on time was due solely to delay in the mails for which the bidder was not responsible, such bid will be received and considered. c) Bidders are cautioned that, while telegraphic modifications of bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the bid so modified or amended, subject to rejection. MARKING AND MAILING BIDS Envelopes containing bids must be sealed and addressed to the City Clerk, 715 Mulberry Street, Waterloo, IA 50703; and marked in the upper left-hand corner as follows: Bid of (Name and Address of Contractor) for TERMINAL SECURITY UPGRADES (ACS), Waterloo, Iowa, IDOT CSVI Project No. 9I240AL0200. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 NTB-3 NOTICE TO BIDDERS Terminal Security Upgrades (ACS) AECOM 60734402 Page 141 of 578 LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the City Clerk's Office after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City of Waterloo, will be considered at any time it is received and may therefore be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. ERRORS IN BID Bidders or their authorized agents are expected to examine the Maps, Drawings, Specifications, Circulars, Schedule and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the Bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. ACCEPTANCE OF BIDS The City reserves the right to reject any or all bids and to waive informalities in the bids submitted that might be in the best interest of the City. The project will be awarded to the lowest most responsive responsible bidder for the total bid or for the total bid including alternate bid items. Award will be made based on City of Waterloo funding availability. It is anticipated that acceptance of the Form of Bid or Proposal will be on or before February 6, 2025. Once the City Council has approved the contract on February 6, 2025, the Notice to Proceed will be issued. The City would like the project completed as early as possible in 2025. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a two-year (2) bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. INSURANCE The Contractor shall purchase and maintain insurance to protect the Contractor and the Waterloo Regional Airport against all hazards enumerated herein throughout the duration of the Contract. All policies shall be in the amounts, form, and companies satisfactory to the Waterloo Regional Airport. Workmen employed by the Contractor, or his subcontractors shall be covered by Workmen's Compensation insurance as provided for by the Code of Iowa. Before beginning work on the project, the successful bidder shall furnish Certificate of Insurance for public liability and motor vehicle liability covering all operations performed by the Contractor and any subcontractor. The Certificate shall be effective during the life of the project or for a period of at least ten (10) days following the filing of written notice of cancellation and shall protect the public and any person from injuries or damages sustained by reason of carrying on the work involved in the project. The minimum limits of liability shall be as follows: Comprehensive General Liability Insurance General Aggregate Limit $ 2,000,000.00 Product -- Completed Operations Aggregate Limit $ 2,000,000.00 DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 NTB-4 NOTICE TO BIDDERS Terminal Security Upgrades (ACS) AECOM 60734402 Page 142 of 578 Each Occurrence Limit $ 2,000,000.00 Comprehensive Automobile Liability Insurance $ 1,000,000.00 The Contractor shall have the City of Waterloo, Iowa, and AECOM Technical Services, Inc., named as an "Additional Named Insured". DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION — 49 CFR PART 29 The bidder certifies, by submission of a proposal or acceptance of a contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Individuals or companies listed in the General Services Administration's "Excluded Parties Listing System" will not be considered for award of contract. AFFIRMATIVE ACTION PROGRAM The successful bidder and any subcontractors will be required to execute and have approved an Affirmative Action Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000.00 in City projects during the current calendar year. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature, character, and location of the work, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, all other matters which can, in any way, affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. METHOD OF PAYMENT The successful bidder will be required to submit a schedule of values for lump sum items. The schedule of values will be utilized to issue percent lump sum complete pay estimates. The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed, and materials delivered, and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. CARE OF WORK The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the City. The Contractor shall provide sufficient watchmen, both day and night; including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment, or time due to the acts of any person on the project site. Therefore, it is the responsibility of the Contractor to determine when a watchman is needed. The Contractor shall avoid damage to existing building, driveway, electrical systems, except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. The Contractor shall leave the work site in a neat and clean condition after completion of work. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 NTB-5 NOTICE TO BIDDERS Terminal Security Upgrades (ACS) AECOM 60734402 Page 143 of 578 LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the FORM OF BID OR PROPOSAL, plus authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work, the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering, and contract administration. SUBCONTRACTS The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract for the improvements embraced in this contract. REVIEW BY THE CITY OF WATERLOO The City of Waterloo, its authorized representatives and agents shall, at all times, have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this contract provided, however, that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. INSPECTION The contractor shall furnish promptly all materials reasonably necessary for any tests, which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the project site. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease -purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims, liens, or charges. Neither the contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 NTB-6 NOTICE TO BIDDERS Terminal Security Upgrades (ACS) AECOM 60734402 Page 144 of 578 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 CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 NTB-7 NOTICE TO BIDDERS Terminal Security Upgrades (ACS) AECOM 60734402 Page 145 of 578 Page 146 of 578 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the TERMINAL SECURITY UPGRADES (ACS) WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa CSVI PROJECT NO. 91240AL0200 CONTRACT NO. 5819 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 6th day of February 2025, at 1:00 p.m. for the construction of the Terminal Security Upgrades (ACS), 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 at City Hall, in the City of Waterloo, Iowa, on the 6th day of February 2025, 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. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on the 17th day of February 2025, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City of Waterloo 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 above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at https://www. cityofwaterlooiowa. com/government/municipalgovermentbids.php 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 1) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprojects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ Contract No. CNTRT-5819 NPH-1 of 2 Notice of Public Hearing Terminal Security Upgrades (ACS) Waterloo Regional Airport — 60734402 Page 147 of 578 SCOPE OF WORK The Terminal Security Upgrades (ACS) project consists of an upgrade to the existing door Access Control System at and within the Waterloo Regional Airport terminal building. The Access Control system will allow control of the Security Identification Display Area (SIDA) Line as well as controlling access to the Secured and Sterile areas. This control system upgrade will have door contacts allowing the monitoring personnel to know the status of each door upon a glance. Access controls for the automated exterior gates will also receive upgrades. 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 CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk Contract No. CNTRT-5819 NPH-2 of 2 Notice of Public Hearing Terminal Security Upgrades (ACS) Waterloo Regional Airport — 60734402 Page 148 of 578 PROPOSAL FORM FOR TERMINAL SECURITY UPGRADES (ACS) AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 All: 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners:_ , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this Terminal Security Upgrades (ACS), Contract 5819, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: 2. The extent of the work involved is as follows. This IDOT CSVI Project No. 9I240AL0200, Contract No. CNTRT-00005819 project consists of an upgrade to the existing door Access Control System at and within the Waterloo Regional Airport terminal building. The Access Control system will allow control of the Security Identification Display Area (SIDA) Line as well as controlling access to the Secured and Sterile areas. This control system upgrade will have door contacts allowing the monitoring personnel to know the status of each door upon a glance. Access controls for the automated exterior gates will also receive upgrades. 3. The undersigned, in compliance with your Invitation for Bids dated , hereby proposes to do the work called for in said Contract and Specifications and shown on said Plans and Addendum Nos. and to furnish all materials, tools, labor and all appliances and appurtenances necessary for the said work at the following rates and prices: IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 P-1 PROPOSAL FORM Terminal Security Upgrades (ACS) AECOM 60734402 Page 149 of 578 ITEMIZED PROPOSAL WATERLOO REGIONAL AIRPORT WATERLOO, IOWA PROJECT: • TERMINAL SECURITY UPGRADES (ACS) IDOT CSVI Project, Contract No. CNTRT-00005819 ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT BID PRICE TOTAL BID PRICE BASE BID 1 LIVINGSTON AVIATION BLDG (ACS) LS 1 $ $ 2 EXTERIOR GATES (ACS) LS 1 $ $ 3 ACCESS CONTROL (ACS) LS 1 $ $ TOTAL BID $ 4. The Airport reserves the right to award the contract based on the Total Bid. 5. The undersigned understands that the above quantities of work to be done are approximate only and are intended principally to serve as a guide in evaluating the bids. All quantities are subject to increase or decrease and are to be performed at the unit prices stipulated herein. 6. It is understood that the schedule of minimum wage rates, as established by the Secretary of Labor and included in the Specifications, are to govern on this project, and the undersigned certifies that he has examined this schedule of wage rates and that the prices bid are based on such established wage rates. 7. The undersigned certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The undersigned certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The undersigned agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or any other reason. The undersigned agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files. 8. The undersigned agrees, upon written notice of the acceptance of this bid, within thirty (30) days after the opening of the bids, that he will execute the Contract in accordance with the bid as accepted and give Contract (Performance and Payment) bond on attached forms within five (5) days after the prescribed forms are presented for signature. 9. The undersigned further agrees that if awarded the Contract, he will commence the work within ten (10) calendar days after the receipt of a "Notice to Proceed" and that he will substantially complete all work according to the terms of the entire contract within Seventy -Five (75) calendar days from the date established in the Notice to Proceed. An extension of time may be allowed when extra or additional work is ordered by the Engineer. 10. The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 P-2 PROPOSAL FORM Terminal Security Upgrades (ACS) AECOM 60734402 Page 150 of 578 contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify this statement, it shall attach an explanation to this solicitation/proposal. 11. As evidence of good faith in submitting this Proposal, the undersigned encloses bid security in the amount of five (5) percent of the bid which, in case he refuses or fails to accept an award and to enter into a Contract and file the required bonds within the prescribed time, shall be forfeited to the Waterloo Regional Airport as liquidated damages. 12. The undersigned hereby declares that the only parties interested in this Proposal are named herein, that this Proposal is made without collusion with any other person, firm, or corporation, that no member of the Council, Waterloo Regional Airport or agent of the City of Waterloo, Iowa, is directly or indirectly financially interested in this bid. 13. In submitting this bid, it is understood that the right to reject any and all bids has been reserved and that this bid may not be withdrawn for a period of thirty (30) days from the opening thereof. 14. Contractor certifies that all employees employed by Contractor or any subcontractor working on behalf of the Contractor are in compliance with the Immigration Reform Control Act of 1986 (IRCA) and indemnifies the Owner and holds harmless Owner for any violations of IRCA as a result of the Contractor's employees or his subcontractor's employees working on behalf of the Contractor on the Owner's project. 15. Attachment to This Bid. The following documents are attached to and made a part of this Bid: a. Bid Guaranty in the form of b. Non -Collusion Affidavit of Prime Bidder. c. Statement of Intent — Non -Discrimination and Equal Opportunity Statement. d. Bidder's Information Sheet. e. Synopsis of Experience Record. (IDOT Certification may be substituted.) 16. The Bidder shall indicate whether the bid is submitted by a/an: ❑ Individual, Sole Proprietorship ❑ Partnership ❑ Corporation ❑ Joint -venture: all parties must join -in and execute all documents ❑ Other Respectfully submitted, Bidder By Signature Title Address (Include Zip Code) Telephone No. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 P-3 PROPOSAL FORM Terminal Security Upgrades (ACS) AECOM 60734402 Page 151 of 578 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) )ss County of ) , being first duly sworn, deposes and says that: (1) He is (Owner, Partner, Officer, Representative, or Agent) of , the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid. (3) Such bid is genuine and is not a collusive or sham bid. (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of , 20_. Title My Commission Expires , 20. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 P-4 PROPOSAL FORM Terminal Security Upgrades (ACS) AECOM 60734402 Page 152 of 578 STATEMENT OF INTENT NONDISCRIMINATION AND EQUAL OPPORTUNITY STATEMENT The Contractor does hereby certify to the Waterloo Regional Airport, that no person shall, in any way, be favored or discriminated against because of his race, political or religious opinions and affiliations, national origins, sex, age, sexual orientation, gender identity, disability, color, creed, marital status, employee union or association membership or office herein. If selected as the successful bidder, this contractor hereby agrees to file either a nondiscrimination and equal opportunity statement and/or an Affirmative Action Program. Improvements to the Waterloo Regional Airport consisting of TERMINAL SECURITY UPGRADES (ACS) IDOT CSVI Project, Contract No. CNTRT-00005819 COMPANY EXECUTIVE OFFICER AFFIRMATIVE ACTION OFFICER ADDRESS OF THE AFFIRMATIVE ACTION OFFICER PHONE NUMBER IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 P-5 PROPOSAL FORM Terminal Security Upgrades (ACS) AECOM 60734402 Page 153 of 578 Page 154 of 578 Exhibit A CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects) October 2023 Page 155 of 578 1. TSB DEFINITION A TSB is a small business, as defined by Iowa Code Section 15.102(10), which is 51% or more owned, operated and actively managed by one or more women, minority persons, service -disabled veterans or persons with a disability provided the business meets all of the following requirements: is located in this state, is operated for profit and has an annual gross income of less than 4 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS In all State -assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7. These requirements supersede all existing TSB regulations, orders, circulars, and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Economic Development Authority Targeted Small Business Certification Program 1963 Bell Ave. Suite 200 Des Moines, IA 50315 Phone: (515-348-6193) Website: https://www.iowaeda.com/small-business/targeted-small-business/ 4. THE CONTRACTOR'S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result -oriented program. Therefore, the contractor's TSB policy shall be: It is the policy of this firm that Targeted Small Business (TSB) concerns shall have the maximum practical opportunity to participate in contracts funded with State -assisted funds which are administered by this firm (e.g. suppliers, manufacturers and subcontractors). The purpose of our policy is to encourage and increase the TSB participation in contracting opportunities made available by State -assisted programs. 5. CONTRACTORS SHALL APPOINT AN EQUAL EMPLOYMENT OPPORTUNITY (EEO) OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action responsibilities. This person shall have the necessary statistics, funding, authority, and responsibility to carry out and enforce the firm's EEO policy. The EEO officer shall be responsible for developing, managing, and implementing the program on a day-to-day basis. The officer shall also: A. For current TSB information, contact the Iowa Economic Development Authority (515-348-6193) to identify potential material suppliers, manufacturers, and contractors. TSB-1 Page 156 of 578 A. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm's bid. B. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time quotations are submitted. Maintain complete records of negotiations efforts. C. Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans/specifications or other actions that can be viewed as technical assistance. D. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. E. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. 6. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work, or other commercially useful function. A. The bidder may count: 1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or 2) Work to be subcontracted to a TSB; or 3) Any other commercially useful function. B. The contractor may count: 1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. 2) 60% of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a commercially useful function in the supply process. 3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. 4) Work the Contracting Authority has determined that it involves a commercially useful function. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example, leasing equipment or purchasing materials from prime contractor would not count. 7. REQUIRED DATA, DOCUMENTS AND CONTRACT AWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders TSB-2 Page 157 of 578 Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre -Bid Contact Information". This form includes: 1) Name(s) of the TSB(s) contacted regarding subcontractable items. 2) Date of the contract. 3) Whether or not a TSB bid/quotation was received. 4) Whether or not the TSB's bid/quotation was used. 5) The dollar amount proposed to be subcontracted. B. Contractors Using Quotes From TSBs Use those TSBs whose quotes are listed in the "Quotation Used in Bid" column along with a "yes" indicated on the Pre- BID Contract Information Form. C. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre -bid Contact Information Form, then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: 1) What pre -solicitation or pre -bid meetings scheduled by the contracting authority were attended? 2) Which general news circulation, trade associations and/or minority -focused media were advertised concerning the subcontracting opportunities? 3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? 4) Were initial solicitations of interested TSBs followed up? 5) Were TSBs provided with adequate information about the plans, specifications, and requirements of the contract? 6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? 7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? 8) Were services used of minority community organization, minority contractors' groups; local State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractor's files for a period of three (3) years after the completion of the project and be available for examination by the Iowa Economic Development Authority. 8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED Contractors are also required to make positive efforts in utilizing TSBs on all State -assisted projects which are not assigned goals. Form 730007, "TSB Pre -bid Contact Information" is required to be submitted with bids on all projects. If there is no TSB participation, then the contractor shall comply with section 7C of this document prior to the contract award. Form 730007 can be found here: https://iowadot.seamlessdocs.com/f/TargetedSmallBusinessTSBPrebidContactInfo TSB-3 Page 158 of 578 Form 730007WP 7-97 Contractor Project# County City TARGETED SMALL BUSINESS (TSB) PRE -BID CONTACT INFORMATION (To Be Completed By All Bidders per the Current Contract Provision) Page# In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid submission. This information is subject to verification and confirmation. In the event it is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE: Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals. If a TSB's quote is used in the bid, it is assumed that the firm listed will be used as a subcontractor. TABLE OF INFORMATION SHOWING BIDDERS PRE -BID TARGETED SMALL BUSINESS (TSB 1 CONTACTS SUBCONTRACTOR TSB DATES CONTACTED QUOTES RECEIVED QUOTATION USED IN BID YES/ NO DATES CONTACTED YES/ NO DOLLAR AMT. PROPOSED TO BE SUBCONTRACTED Total dollar amount proposed to be subcontracted to TSB on this project $ List items by name to be subcontracted: TSB-4 Page 159 of 578 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515-725-3132) or from its website at: https://www.iowa.gov/tsb/index.php/home. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on-line at: http://www.dot.state. ia.us/local_systems/publications/tsb_contract_provision.pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. TSB-5 Page 160 of 578 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non -Federal -aid Projects (Third -Party State -Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑ YES L NO If no, explain 2. Were qualified TSB firms notified of project? I YES I NO If yes, by ❑ letter, telephone, ❑ personal contact, or J other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? E YES ❑ NO If no, explain 4. Was a goal or percentage established for TSB participation? P YES NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑ YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑ YES ❑ NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? LI YES L NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State -assisted contracts associated with this project. Title Signature Date TSB-6 Page 161 of 578 Page 162 of 578 Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: ❑ Yes ❑ No El Yes ❑ No ❑Yes No ❑Yes No ❑ Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). My company has an office to transact business in Iowa. My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: / / to / / Address. City, State, Zip - Dates: / / to / / Address. City, State, Zip. Dates: / / to / / Address. You may attach additional sheet(s) if needed. City, State, Zip - To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? Yes ❑ No 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: Signature: Date: You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) BF-1 Page 163 of 578 Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. El Yes El No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑Yes El No My business is currently registered as a contractor with the Iowa Division of Labor. My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. ❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. O Yes ❑ No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. O Yes ❑ No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001(09-1K) BF-2 Page 164 of 578 CONTRACT FOR TERMINAL SECURITY UPGRADES (ACS) AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA THIS AGREEMENT, made and entered into this day of , 20, by and between the Waterloo Regional Airport for the City of Waterloo, Black Hawk County, Iowa, hereinafter referred to as the "Owner" and (a corporation organized and existing under the laws of the State of ), (a partnership consisting of ) (an individual trading as ) of , in the State of , hereinafter referred to as the "Contractor." WITNESSETH: That the Contractor for and in consideration of ($ ), based on the unit bid prices payable as set forth in the Specifications constituting a part of this Contract, hereby agrees to construct in accordance with the Plans and Specifications therefore, and in the location designated on the Plans, the various items of work awarded said Contractor on the day of , 20 , as follows, being numbered as shown in schedule of prices bid in the attached Proposal which is a part of this Contract. Said Specifications and Plans are hereby made a part of and the basis of this Agreement and a true copy of said Plans and Specifications is now with the Waterloo Regional Airport in the office of the Director of Aviation, Waterloo, Iowa, under date of , 20 . 1. That in consideration of the foregoing, the Owner hereby agrees to pay the Contractor promptly and according to the requirements of the Specifications, the amounts set forth, subject to the conditions as set forth in the Specifications. 2. That it is understood that the parties named herein are the only persons interested in this Contract and principals. 3. That the Contractor has examined the site of the proposed work, Plans, Specifications, and Contract Documents in order that he might become familiar with the character, quality, and quantity of the work to be performed, the materials to be furnished and the requirements of the Specifications, and Contract Documents. 4. It is hereby further agreed that any reference herein to the "Contract" shall include all "Contract Documents" for the Waterloo Regional Airport, IDOT CSVI Project No. 9I240AL0200, Contract No. CNTRT-00005819 Terminal Security Upgrades (ACS) and said "Contract Documents" are hereby made a part of this agreement as fully as if set out at length herein, and that this contract is limited to the items in the proposal as signed by the "Contractor" and included in the "Contract Documents." 5. That in the event any surety upon any bond furnished in connection with this Contract becomes unacceptable to the Owner, or if any such surety shall fail to furnish reports as to his financial condition from time to time as requested by the Owner, the Contractor agrees to furnish promptly such additional security as may be required from time to time to protect the interests of the Owner or of persons supplying labor or materials in the prosecution of the work contemplated by the Contract. 6. That the Contractor shall not commence any work to be performed under this Contract until he has obtained from responsible insurance companies, all insurance required, as set forth in the General Provisions and that the Contractor shall maintain this insurance in full force and effect until the work to be performed under this Contract has been accepted by the Owner. 7. That the Contractor shall not start working on any alterations requiring a supplemental agreement until the agreement setting forth the adjusted price shall be executed by the Owner and the Contractor. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 C-1 CONTRACT Terminal Security Upgrades (ACS) AECOM 60734402 Page 165 of 578 8. That the Contractor, at all times, shall observe and comply with all federal, state, territory or possession and local laws, codes, ordinances and regulations in any manner affecting the conduct of the work, and the Contractor and his surety shall indemnify and save harmless the Owner and all his officers, Engineer, agents and servants against claims or liability arising from or based on the violation of any such law, ordinance, deregulation, order or decree, whether by himself or his employees. 9. That it is further understood and agreed by the parties to this Contract that the above work shall be commenced within 10 days after "Notice to Proceed" and shall be completed according to the terms of the entire contract within seventy-five (75) calendar days from the date established in the Notice to Proceed. Failure to complete within the allotted time will result in assessment of liquidated damages in the amount of $500.00 per calendar day for each day in excess of the authorized contract time. 10. The Contractor and Owner understand and agree that time is of essence for completion of the Work and that the Owner will suffer additional expense and financial loss if said work is not completed within the authorized Contract Time. Furthermore, the Contractor and Owner recognize and understand the difficulty, delay, and expense in establishing the exact amount of actual financial loss and additional expense. Accordingly, in place of requiring such proof, the Contractor expressly agrees to pay the Owner as liquidated damages the non -penal sum of $500.00 per day for each calendar day required in excess of the authorized Contract Time for the overall contract. Furthermore, the Contractor understands and agrees that: a. the Owner has the right to deduct from any moneys due the Contractor, the amount of said liquidated damages. b. the Owner has the right to recover the amount of said liquidated damages from the Contractor, Surety, or both. 11. It is further understood that any action in court against the Contractor or sureties on his bond because of damage to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the Specifications, or on account of the failure of said Contractor to fully comply with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 12. Second Party shall maintain all work done hereunder in good order for a period of 12 months from and after the date it is accepted by the Waterloo Regional Airport, City of Waterloo, Iowa, which maintenance shall be without expense to First Party or the abutting property. In the event of the failure or default of Second Party to remedy any or all defects appearing in said work within a period of 12 months from the date of its acceptance by said Board and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said City, addressed to said Contractor at the address herein given, then First Party may proceed to remedy such defects and the cost and expenses thereof may be recovered from said Second Party and the sureties on its bond by action brought in any court of competent jurisdiction, but such suit may be brought in the District Court of Black Hawk County, Iowa. IN WITNESS WHEREOF, the parties hereto have set their hands for the purpose herein expressed to this and three other instruments of like tenor, as of the day of , 20. ATTEST: Secretary CITY OF WATERLOO By Mayor CONTRACTOR IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 C-2 CONTRACT Terminal Security Upgrades (ACS) AECOM 60734402 Page 166 of 578 By Firm Name Signature Title Business Address Witness Witness IDOT CSVI Project No. 9I240ALO200 C-3 CONTRACT CONTRACT NO. 5819 Terminal Security Upgrades (ACS) AECOM 60734402 Page 167 of 578 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, , as PRINCIPAL, also referred to as CONTRACTOR, and , as SURETY, are held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of ($ ) for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above -bound Principal has entered into a contract with the OWNER dated the day of _ 20_, for improvements at the Waterloo Regional Airport, which includes: The IDOT CSVI Project, Contract No. CNTRT-00005819, Terminal Security Upgrades (ACS) project consists of an upgrade to the existing door Access Control System at and within the Waterloo Regional Airport terminal building. The Access Control system will allow control of the Security Identification Display Area (SIDA) Line as well as controlling access to the Secured and Sterile areas. This control system upgrade will have door contacts allowing the monitoring personnel to know the status of each door upon a glance. Access controls for the automated exterior gates will also receive upgrades. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW, THEREFORE, the conditions of this obligation are such that if the above -bound PRINCIPAL shall faithfully and fully comply with the terms and conditions of said contract, including, but not limited to, any obligations created by way of warranties and/or guarantees for workmanship and materials which warranty and/or guarantee may extend for a period of time beyond completion of said contract, and such alternations or additions as may be made therein or in the plans and specifications, and shall indemnify and save the OWNER harmless against any claims for using any form of material, process, composition or anything which is patented, and likewise indemnify and save the OWNER harmless against all claims for damages by reason or any default or negligence, want of skill or care on the part of said PRINCIPAL or Agents in and about the performance of said contract, and shall comply with all laws pertaining to said work, and shall comply with and perform any and all warranties and/or guarantees provided for in said contact, then this obligation shall be void; otherwise of full force and effect. PROVIDED, further than upon either the default of the PRINCIPAL, or the failure of the said PRINCIPAL to promptly and efficiently prosecute said Work, in any respect, in accordance with the Contract Documents, the above bound SURETY shall either remedy the default of the PRINCIPAL or shall take charge of said Work and complete the Contract at his own expense, pursuant to its terms, receiving, however, any balance of the funds in the hands of said OWNER due under said contract. It shall be the duty of the SURETY to give an unequivocal notice in writing to the OWNER within ten (10) days after receipt of a declaration of default of the SURETY'S election either to remedy the default or defaults promptly or to perform the contract promptly, time being of the essence. In said notice of election, the SURETY shall indicate the date on which the remedy or performance will commence, and it shall be the duty of the SURETY to give prompt notice in writing to the OWNER immediately upon completion of (a) the remedy and/or correction of each default, (b) the remedy and/or correction of each item of condemned work, (c) the furnishings of each omitted item of work, and (d) the performance of the contract. The SURETY shall not asset solvency of its PRINCIPAL as justification for its failure to promptly remedy the default or defaults or perform the contract. In the event said PRINCIPAL shall fail or delay the prosecution and completion of said Work and said SURETY shall also fail to act promptly as hereinabove provided, then the OWNER shall cause ten (10) days' notice of such failure to be given, both to said PRINCIPAL and SURETY, and at the expiration of said ten (10) days, if said PRINCIPAL or SURETY do not proceed promptly to execute said Contract, the OWNER shall have the authority to cause said Work to be done and when the same is completed and the cost thereof estimated, the said PRINCIPAL and SURETY shall and hereby agree to pay any excess in the cost of said Work above the agreed price to be paid under said Contract. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 C-4 CONTRACT Terminal Security Upgrades (ACS) AECOM 60734402 Page 168 of 578 Upon completion of said Contract pursuant to its terms, if any funds remain due on said Contract, the same shall be paid to said PRINCIPAL and SURETY. The said PRINCIPAL and SURETY further agree as part of this obligation to pay all such damages of any kind to person or property that may result from a failure in any respect to perform and complete said Contract including, but not limited to, all repair and replacement costs necessary to rectify construction error, architectural and engineering costs and fees, all (but not limited to) consultant fees, all testing and laboratory fees, and all legal fees and litigation costs incurred by the OWNER. The decision of the OWNER, upon any disputed question connected with the execution of said Contract, or any failure or delay in the prosecution of the Work by said PRINCIPAL or SURETY, shall be final and conclusive. The SURETY agrees that, other than as is provided in this bond, it may not demand of the OWNER the OWNER shall (a) perform any thing or act, (b) give any notice, (c) furnish any clerical assistance, (d) render any service, (3) furnish any papers or documents, or (f) take any other action of any nature or description which is not required of the OWNER to be done under the contract documents. IN WITNESS WHEREOF, the SURETY and PRINCIPAL have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. IN THE PRESENCE OF: Witness PRINCIPAL: By: SURETY: Witness By: NOTE: (a) Where the Performance Bond is executed by an attorney -in -fact, there shall be attached to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. (b) Each copy of the Bond shall be countersigned by an authorized agent of the bonding company licensed to do business in the State of Iowa. The title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding company shall be attached to each copy of the bond. (d) The Contractor's signature on the bond shall correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution (which may be combined with the corporate resolution granting the signing officer authority to execute contracts) granting the corporate officer who executes the Bond the authority to do so. (f) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Iowa. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 C-5 CONTRACT Terminal Security Upgrades (ACS) AECOM 60734402 Page 169 of 578 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, , as PRINCIPAL, also referred to as CONTRACTOR, and , as SURETY, are held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of ($ ), for the use and protection of said OWNER and all subcontractors and all persons supplying labor, materials, machinery and equipment for the performance of the work provided for in the contract hereinafter referred to, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above -bound Principal has entered into a contract with the OWNER dated the day of , 20_, for improvements at the Waterloo Regional Airport, which includes: The IDOT CSVI Project, Contract No. CNTRT-00005819, Terminal Security Upgrades (ACS) project consists of an upgrade to the existing door Access Control System at and within the Waterloo Regional Airport terminal building. The Access Control system will allow control of the Security Identification Display Area (SIDA) Line as well as controlling access to the Secured and Sterile areas. This control system upgrade will have door contacts allowing the monitoring personnel to know the status of each door upon a glance. Access controls for the automated exterior gates will also receive upgrades. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW, THEREFORE, the condition of this obligation is such that if the above -bound PRINCIPAL shall promptly make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of the work provided for in said Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following conditions: 1. The said SURETY to this bond, for value received, hereby stipulates and agrees that no change or changes, extension of time or extensions of time, alteration of alterations or addition or additions to the terms of the contract or to the work to be performed thereunder, or the specifications or drawings accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change or changes, extension of time or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work or to the specifications or drawings. 2. A claimant is defined as any subcontractor and any person supplying labor, materials, machinery, or equipment in the prosecution of the work provided for in said contract. Signed and sealed this IN THE PRESENCE OF: day of , 20. Witness PRINCIPAL: By: SURETY: IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 C-6 CONTRACT Terminal Security Upgrades (ACS) AECOM 60734402 Page 170 of 578 Witness By: NOTE: (a) Where the Payment Bond is executed by an attorney -in -fact, there shall be attached to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. (b) Each copy of the Bond shall be countersigned by an authorized agent of the bonding company licensed to do business in the State of Iowa. The title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding company shall be attached to each copy of the bond. (d) The Contractor's signature on the bond shall correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution (which may be combined with the corporate resolution granting the signing officer authority to execute contracts) granting the corporate officer who executes the Bond the authority to do so. (f) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Iowa. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 C-7 CONTRACT Terminal Security Upgrades (ACS) AECOM 60734402 Page 171 of 578 Page 172 of 578 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER." In the penal sum Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 2025, for NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 2025. (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney -in -fact Contract No. CNTRT-5819 BB-1 of 1 Terminal Security Upgrades (ACS) Bid Bond Waterloo Regional Airport — 60734402 Page 173 of 578 Page 174 of 578 TECHNICAL SPECIFICATIONS Page 175 of 578 Page 176 of 578 SECTION 26 05 19 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Building wires and cables rated 600 V and less. 2. Connectors, splices, and terminations rated 600 V and less. B. Related Requirements: 1. Section 260523 "Control -Voltage Electrical Power Cables" for control systems communications cables and Classes 1, 2 and 3 control cables. 2. Section 271500 "Communications Horizontal Cabling" for cabling used for voice and data circuits. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product. 1.3 INFORMATIONAL SUBMITTALS A. Field quality -control reports. PART 2 - PRODUCTS 2.1 CONDUCTORS AND CABLES A. Copper Conductors: Comply with NEMA WC 70/ICEA S-95-658. B. Conductor Insulation: Comply with NEMA WC 70/ICEA S-95-658 for Type THHN-2- THWN-2 and Type SO. 2.2 CONNECTORS AND SPLICES A. Description: Factory -fabricated connectors and splices of size, ampacity rating, material, type, and class for application and service indicated. IDOT CSVI Project No. 9I240AL0200 26 05 19 - 1 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS CONTRACT NO. 5819 Terminal Security Upgrades AECOM 60734402 Page 177 of 578 2.3 SYSTEM DESCRIPTION A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with NFPA 70. PART 3 - EXECUTION 3.1 CONDUCTOR MATERIAL APPLICATIONS A. Branch Circuits: Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. 3.2 CONDUCTOR INSULATION AND MULTICONDUCTOR CABLE APPLICATIONS AND WIRING METHODS A. Exposed Feeders: Type THHN-2-THWN-2, single conductors in raceway. B. Feeders Concealed in Ceilings, Walls, Partitions, and Crawlspaces: Type THHN-2-THWN-2, single conductors in raceway. C. Exposed Branch Circuits, Including in Crawlspaces: Type THHN-2-THWN-2, single conductors in raceway. 3.3 INSTALLATION OF CONDUCTORS AND CABLES A. Conceal cables in finished walls, ceilings, and floors unless otherwise indicated. B. Complete raceway installation between conductor and cable termination points according to Section 260533 "Raceways and Boxes for Electrical Systems" prior to pulling conductors and cables. C. Use manufacturer -approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. D. Use pulling means, including fish tape, cable, rope, and basket -weave wire/cable grips, that will not damage cables or raceway. E. Install exposed cables parallel and perpendicular to surfaces of exposed structural members, and follow surface contours where possible. F. Support cables according to Section 260529 "Hangers and Supports for Electrical Systems." IDOT CSVI Project No. 9I240AL0200 26 05 19 - 2 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS CONTRACT NO. 5819 Terminal Security Upgrades AECOM 60734402 Page 178 of 578 3.4 CONNECTIONS A. Tighten electrical connectors and terminals according to manufacturer's published torque - tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A-486B. B. Make splices, terminations, and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. C. Wiring at Outlets: Install conductor at each outlet, with at least 6 inches (150 mm) of slack. 3.5 IDENTIFICATION A. Identify and color -code conductors and cables according to Section 260553 "Identification for Electrical Systems." 3.6 FIRESTOPPING A. Apply firestopping to electrical penetrations of fire -rated floor and wall assemblies to restore original fire -resistance rating of assembly. 3.7 FIELD QUALITY CONTROL A. Perform the following tests and inspections: 1. After installing conductors and cables and before electrical circuitry has been energized, test service entrance and feeder conductors for compliance with requirements. 2. Perform each visual and mechanical inspection and electrical test stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. B. Test and Inspection Reports: Prepare a written report to record the following: 1. Procedures used. 2. Results that comply with requirements. 3. Results that do not comply with requirements and corrective action taken to achieve compliance with requirements. C. Cables will be considered defective if they do not pass tests and inspections. END OF SECTION 26 05 19 IDOT CSVI Project No. 9I240AL0200 26 05 19 - 3 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS CONTRACT NO. 5819 Terminal Security Upgrades AECOM 60734402 Page 179 of 578 This Page Left Blank Intentionally Page 180 of 578 SECTION 26 05 23 CONTROL -VOLTAGE ELECTRICAL POWER CABLES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. UTP cabling. 2. RS-485 cabling. 3. Low -voltage control cabling. 4. Control -circuit conductors. 5. Identification products. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product. 1.3 INFORMATIONAL SUBMITTALS A. Source quality -control reports. B. Field quality -control reports. PART 2 - PRODUCTS 2.1 SYSTEM DESCRIPTION A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. 2.2 PERFORMANCE REQUIREMENTS A. Flame Travel and Smoke Density in Plenums: As determined by testing identical products according to NFPA 262 by a qualified testing agency. Identify products for installation in plenums with appropriate markings of applicable testing agency. 1. Flame Travel Distance: 60 inches (1520 mm) or less. 2. Peak Optical Smoke Density: 0.5 or less. 3. Average Optical Smoke Density: 0.15 or less. B. Flame Travel and Smoke Density for Riser Cables in Non -Plenum Building Spaces: As determined by testing identical products according to UL 1666. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 26 05 23 - 1 CONTROL -VOLTAGE ELECTRICAL POWER CABLES Terminal Security Upgrades AECOM 60734402 Page 181 of 578 C. Flame Travel and Smoke Density for Cables in Non -Riser Applications and Non -Plenum Building Spaces: As determined by testing identical products according to UL 1685. 2.3 BACKBOARDS A. Description: Plywood, fire -retardant treated, 3/4 by 48 by 96 inches (19 by 1220 by 2440 mm). Comply with requirements for plywood backing panels in Section 061000 "Rough Carpentry." B. Painting: Paint plywood on all sides and edges to match walls. Do not paint over the fire rating certification stamp on the plywood. Comply with requirements in Section 099123 "Interior Painting." 2.4 OPTICAL -FIBER CABLE A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. Belden Inc. 2. CommScope, Inc. 3. Corning Incorporated. 4. Emerson Connectivity Solutions. 5. General Cable Technologies Corporation. 6. Mohawk; a division of Belden Inc. 7. Nexans; Berk-Tek Products. 8. Siemon Company (The). 9. Superior Essex Inc. 10. SYSTIMAX Solutions; a CommScope, Inc. brand. 11. 3M. 12. Tyco Electronics/AMP Netconnect; Tyco International Ltd. B. Description: Multimode, 62.5/125-micrometer, 24-fiber, nonconductive, tight -buffer, optical -fiber cable. 1. Comply with ICEA S-83-596 for mechanical properties. 2. Comply with TIA-568-C.3 for performance specifications. 3. Comply with TIA-492AAAA for detailed specifications. 4. Listed and labeled by an NRTL acceptable to authorities having jurisdiction as complying with UL 444, UL 1651, and NFPA 70 for the following types: a. Riser Rated, Nonconductive: Type OFNP or Type OFNR in listed riser or plenum communications raceway. 5. Maximum Attenuation: 3.5 dB/km at 850 nm; 1.5 dB/km at 1300 nm. 6. Minimum Modal Bandwidth: 160 MHz -km at 850 nm; 500 MHz -km at 1300 nm. C. Jacket: 1. Jacket Color: Orange for 62.5/125-micrometer cable. 2. Cable cordage jacket, fiber, unit, and group color shall be according to TIA-598-C. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 26 05 23 - 2 CONTROL -VOLTAGE ELECTRICAL POWER CABLES Terminal Security Upgrades AECOM 60734402 Page 182 of 578 3. Imprinted with fiber count, fiber type, and aggregate length at regular intervals not to exceed 40 inches (1000 mm). 2.5 UTP CABLE A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. ADC. 2. Alpha Wire Company; a division of Belden Inc. 3. Belden Inc. 4. CommScope, Inc. 5. Draka Cableteq USA. 6. Genesis Cable Products; Honeywell International, Inc. 7. Mohawk; a division of Belden Inc. 8. Nexans; Berk-Tek Products. 9. Siemon Company (The). 10. Superior Essex Inc. 11. SYSTIMAX Solutions; a CommScope, Inc. brand. 12. 3M. 13. Tyco Electronics/AMP Netconnect; Tyco International Ltd. B. Description: 100-ohm, four -pair UTP, 25-pair UTP covered with a thermoplastic jacket. 1. Comply with ICEA S-102-700 for mechanical properties of Category 6A cables. 2. Comply with TIA-568-C.1 for performance specifications. 3. Comply with TIA-568-C.2, Category 6A 4. Listed and labeled by an NRTL acceptable to authorities having jurisdiction as complying with NEMA WC 66, NFPA 70 for the following types: a. Communications, Plenum Rated: Type CMP complying with UL 1685. b. Communications, General Purpose: Type CM, Type CMG, Type CMP, Type CMR, or Type CMX in metallic conduit installed per NFPA 70. 2.6 UTP CABLE HARDWARE A. Manufacturers: Subject to compliance with requirements, provide products by the following: 1. ADC. 2. American Technology Systems Industries, Inc. 3. Belden Inc. 4. Dynacom Inc. 5. Hubbell Incorporated. 6. Leviton Commercial Networks Division. 7. Molex Premise Networks; a division of Molex, Inc. 8. Panduit Corp. 9. Siemon Company (The). 10. Tyco Electronics/AMP Netconnect; Tyco International Ltd. IDOT CSVI Project No. 9I240ALO200 CONTRACT NO. 5819 26 05 23 - 3 CONTROL -VOLTAGE ELECTRICAL POWER CABLES Terminal Security Upgrades AECOM 60734402 Page 183 of 578 B. General Requirements for Cable Connecting Hardware: Comply with TIA/EIA-568-C.2, IDC type, with modules designed for punch -down caps or tools. Cables shall be terminated with connecting hardware of same category or higher. C. Patch Panel: Modular panels housing multiple -numbered jack units with IDC-type connectors at each jack for permanent termination of pair groups of installed cables. D. Jacks and Jack Assemblies: 100-ohm, balanced, twisted -pair connector; four -pair, eight -position modular. Comply with TIA/EIA-568-C.1. E. Patch Cords: Factory -made, four -pair cables in 36-inch (900-mm) lengths; terminated with eight - position modular plug at each end. 1. Patch cords shall have bend -relief -compliant boots and color -coded icons to ensure Category 6A performance. Patch cords shall have latch guards to protect against snagging. 2. Patch cords shall have color -coded boots for circuit identification. 2.7 LOW -VOLTAGE CONTROL CABLE A. Plenum -Rated, Paired Cable: NFPA 70, Type CMP. 1. One pair, twisted, No. 16 AWG, stranded (19x29) tinned -copper conductors. 2. PVC insulation. 3. Unshielded. 4. PVC jacket. 5. Flame Resistance: Comply with NFPA 262. 2.8 CONTROL -CIRCUIT CONDUCTORS A. Class 1 Control Circuits: Stranded copper, Type THHN-2-THWN-2, in raceway, complying with UL 44. B. Class 2 Control Circuits: Stranded copper, Type THHN-2-THWN-2, in raceway, complying with UL 44. C. Class 3 Remote -Control and Signal Circuits: Stranded copper, Type THHN-2-THWN-2, in raceway, complying with UL 44. 2.9 SOURCE QUALITY CONTROL A. Factory test UTP cables according to TIA-568-C.2. B. Cable will be considered defective if it does not pass tests and inspections. C. Prepare test and inspection reports. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 26 05 23 - 4 CONTROL -VOLTAGE ELECTRICAL POWER CABLES Terminal Security Upgrades AECOM 60734402 Page 184 of 578 PART 3 - EXECUTION 3.1 EXAMINATION A. Test cables on receipt at Project site. 1. Test each pair of UTP cable for open and short circuits. 3.2 INSTALLATION OF RACEWAYS AND BOXES A. Comply with requirements in Section 260533 "Raceways and Boxes for Electrical Systems" for raceway selection and installation requirements for boxes, conduits, and wireways as supplemented or modified in this Section. 1. Outlet boxes shall be no smaller than 2 inches (50 mm) wide, 3 inches (75 mm) high, and 2-1/2 inches (64 mm) deep. 2. Flexible metal conduit shall not be used. B. Comply with TIA-569-B for pull -box sizing and length of conduit and number of bends between pull points. C. Install manufactured conduit sweeps and long -radius elbows if possible. 3.3 INSTALLATION OF CONDUCTORS AND CABLES A. Comply with NECA 1 and NFPA 70. B. General Requirements for Cabling: 1. Comply with TIA-568-C Series of standards. 2. Comply with BICSI ITSIMM, Ch. 5, "Copper Structured Cabling Systems" and Ch. 6, "Optical Fiber Structured Cabling Systems." 3. Terminate all conductors and optical fibers; no cable shall contain unterminated elements. Make terminations only at indicated outlets, terminals, and patch panels. 4. Cables may not be spliced. 5. Secure and support cables at intervals not exceeding 30 inches (760 mm) and not more than 6 inches (150 mm) from cabinets, boxes, fittings, outlets, racks, frames, and terminals. 6. Bundle, lace, and train conductors to terminal points without exceeding manufacturer's limitations on bending radii, but not less than radii specified in BICSI ITSIMM, Ch. 5, "Copper Structured Cabling Systems" and Ch. 6, "Optical Fiber Structured Cabling Systems." Install lacing bars and distribution spools. 7. Do not install bruised, kinked, scored, deformed, or abraded cable. Do not splice cable between termination, tap, or junction points. Remove and discard cable if damaged during installation and replace it with new cable. 8. Cold -Weather Installation: Bring cable to room temperature before dereeling. Do not use heat lamps for heating. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 26 05 23 - 5 CONTROL -VOLTAGE ELECTRICAL POWER CABLES Terminal Security Upgrades AECOM 60734402 Page 185 of 578 9. Pulling Cable: Comply with BICSI ITSIMM, Ch. 5, "Copper Structured Cabling Systems" and Ch. 6, "Optical Fiber Structured Cabling Systems." Monitor cable pull tensions. 10. Support: Do not allow cables to lie on removable ceiling tiles. 11. Secure: Fasten securely in place with hardware specifically designed and installed so as to not damage cables. C. UTP Cable Installation: 1. Comply with TIA-568-C.2. 2. Install termination hardware as specified in Section 271500 "Communications Horizontal Cabling" unless otherwise indicated. 3. Do not untwist UTP cables more than 1/2 inch (12 mm) at the point of termination to maintain cable geometry. D. Open -Cable Installation: 1. Install cabling with horizontal and vertical cable guides in telecommunications spaces with terminating hardware and interconnection equipment. 2. Suspend copper cable not in a wireway or pathway a minimum of 8 inches (200 mm) above ceilings by cable supports not more than 30 inches (760 mm) apart. 3. Cable shall not be run through or on structural members or in contact with pipes, ducts, or other potentially damaging items. Do not run cables between structural members and corrugated panels. E. Separation from EMI Sources: 1. Comply with BICSI TDMM and TIA-569-B recommendations for separating unshielded copper voice and data communications cable from potential EMI sources including electrical power lines and equipment. 3.4 CONTROL -CIRCUIT CONDUCTORS A. Minimum Conductor Sizes: 1. Class 1 remote -control and signal circuits; No 14 AWG. 2. Class 2 low -energy, remote -control, and signal circuits; No. 16 AWG. 3. Class 3 low -energy, remote -control, alarm, and signal circuits; No 12 AWG. 3.5 FIRESTOPPING A. Comply with requirements in Section 078413 "Penetration Firestopping." B. Comply with TIA-569-B, Annex A, "Firestopping." C. Comply with BICSI TDMM, "Firestopping" Chapter. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 26 05 23 - 6 CONTROL -VOLTAGE ELECTRICAL POWER CABLES Terminal Security Upgrades AECOM 60734402 Page 186 of 578 3.6 GROUNDING A. For data communication wiring, comply with ANSI-J-STD-607-A and with BICSI TDMM, "Bonding and Grounding (Earthing)" Chapter. B. For low -voltage control wiring and cabling, comply with requirements in Section 260526 "Grounding and Bonding for Electrical Systems." 3.7 IDENTIFICATION A. Comply with requirements for identification specified in Section 260553 "Identification for Electrical Systems." B. Identify data and communications system components, wiring, and cabling according to TIA-606-A; label printers shall use label stocks, laminating adhesives, and inks complying with UL 969. 3.8 FIELD QUALITY CONTROL A. Perform the following tests and inspections: 1. Visually inspect UTP and optical -fiber cable jacket materials for UL or third -party certification markings. Inspect cabling terminations to confirm color -coding for pin assignments and inspect cabling connections to confirm compliance with TIA-568-C.1. 2. Visually inspect cable placement, cable termination, grounding and bonding, equipment and patch cords, and labeling of all components. 3. Test UTP cabling for direct -current loop resistance, shorts, opens, intermittent faults, and polarity between conductors. Test operation of shorting bars in connection blocks. Test cables after termination but not after cross -connection. a. Test instruments shall meet or exceed applicable requirements in TIA-568-C.2. Perform tests with a tester that complies with performance requirements in "Test Instruments (Normative)" Annex, complying with measurement accuracy specified in "Measurement Accuracy (Informative)" Annex. Use only test cords and adapters that are qualified by test equipment manufacturer for channel or link test configuration. B. Document data for each measurement. Print data for submittals in a summary report that is formatted using Table 10.1 in BICSI TDMM as a guide or transfer the data from the instrument to the computer, save as text files, print, and submit. C. End -to -end cabling will be considered defective if it does not pass tests and inspections. D. Prepare test and inspection reports. END OF SECTION 26 05 23 IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 26 05 23 - 7 CONTROL -VOLTAGE ELECTRICAL POWER CABLES Terminal Security Upgrades AECOM 60734402 Page 187 of 578 This Page Left Blank Intentionally Page 188 of 578 SECTION 26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Hangers and supports for electrical equipment and systems. 1.2 PERFORMANCE REQUIREMENTS A. Delegated Design: Design supports for multiple raceways, including comprehensive engineering analysis by a qualified professional engineer, using performance requirements and design criteria indicated. B. Design supports for multiple raceways capable of supporting combined weight of supported systems and its contents. C. Design equipment supports capable of supporting combined operating weight of supported equipment and connected systems and components. D. Rated Strength: Adequate in tension, shear, and pullout force to resist maximum loads calculated or imposed for this Project, with a minimum structural safety factor of five times the applied force. 1.3 ACTION SUBMITTALS A. Product Data: For steel slotted support systems. B. Shop Drawings: Show fabrication and installation details and include calculations for the following: 1. Trapeze hangers. Include Product Data for components. 2. Steel slotted channel systems. Include Product Data for components. 3. Equipment supports. 1.4 INFORMATIONAL SUBMITTALS A. Welding certificates. 1.5 QUALITY ASSURANCE A. Welding: Qualify procedures and personnel according to AWS D1.1/D1.1M, "Structural Welding Code - Steel." IDOT CSVI Project No. 9I240AL0200 26 05 29 - 1 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS CONTRACT NO. 5819 Terminal Security Upgrades AECOM 60734402 Page 189 of 578 B. Comply with NFPA 70. PART 2 - PRODUCTS 2.1 SUPPORT, ANCHORAGE, AND ATTACHMENT COMPONENTS A. Steel Slotted Support Systems: Comply with MFMA-4, factory -fabricated components for field assembly. 1. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Allied Tube & Conduit. b. Cooper B-Line, Inc.; a division of Cooper Industries. c. ERICO International Corporation. d. GS Metals Corp. e. Thomas & Betts Corporation. f. Unistrut; Tyco International, Ltd. g. Wesanco, Inc. 2. Metallic Coatings: Hot -dip galvanized after fabrication and applied according to MFMA-4. 3. Nonmetallic Coatings: Manufacturer's standard PVC, polyurethane, or polyester coating applied according to MFMA-4. 4. Painted Coatings: Manufacturer's standard painted coating applied according to MFMA- 4. 5. Channel Dimensions: Selected for applicable load criteria. B. Raceway and Cable Supports: As described in NECA 1 and NECA 101. C. Conduit and Cable Support Devices: Steel hangers, clamps, and associated fittings, designed for types and sizes of raceway or cable to be supported. D. Support for Conductors in Vertical Conduit: Factory -fabricated assembly consisting of threaded body and insulating wedging plug or plugs for non -armored electrical conductors or cables in riser conduits. Plugs shall have number, size, and shape of conductor gripping pieces as required to suit individual conductors or cables supported. Body shall be malleable iron. E. Structural Steel for Fabricated Supports and Restraints: ASTM A 36/A 36M, steel plates, shapes, and bars; black and galvanized. F. Mounting, Anchoring, and Attachment Components: Items for fastening electrical items or their supports to building surfaces include the following: 1. Powder -Actuated Fasteners: Threaded -steel stud, for use in hardened Portland cement concrete, steel, or wood, with tension, shear, and pullout capacities appropriate for supported loads and building materials where used. IDOT CSVI Project No. 9I240AL0200 26 05 29 - 2 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS CONTRACT NO. 5819 Terminal Security Upgrades AECOM 60734402 Page 190 of 578 a. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1) Hilti Inc. 2) ITW Ramset/Red Head; a division of Illinois Tool Works, Inc. 3) MKT Fastening, LLC. 4) Simpson Strong -Tie Co., Inc.; Masterset Fastening Systems Unit. 2. Mechanical -Expansion Anchors: Insert -wedge -type, zinc -coated steel, for use in hardened Portland cement concrete with tension, shear, and pullout capacities appropriate for supported loads and building materials in which used. a. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1) Cooper B-Line, Inc.; a division of Cooper Industries. 2) Empire Tool and Manufacturing Co., Inc. 3) Hilti Inc. 4) ITW Ramset/Red Head; a division of Illinois Tool Works, Inc. 5) MKT Fastening, LLC. 3. Concrete Inserts: Steel or malleable -iron, slotted support system units similar to MSS Type 18; complying with MFMA-4 or MSS SP-58. 4. Clamps for Attachment to Steel Structural Elements: MSS SP-58, type suitable for attached structural element. 5. Through Bolts: Structural type, hex head, and high strength. Comply with ASTM A 325. 6. Toggle Bolts: All -steel springhead type. 7. Hanger Rods: Threaded steel. 2.2 FABRICATED METAL EQUIPMENT SUPPORT ASSEMBLIES A. Description: Welded or bolted, structural -steel shapes, shop or field fabricated to fit dimensions of supported equipment. B. Materials: Comply with requirements in Section 055000 "Metal Fabrications" for steel shapes and plates. PART 3 - EXECUTION 3.1 APPLICATION A. Comply with NECA 1 and NECA 101 for application of hangers and supports for electrical equipment and systems except if requirements in this Section are stricter. IDOT CSVI Project No. 9I240AL0200 26 05 29 - 3 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS CONTRACT NO. 5819 Terminal Security Upgrades AECOM 60734402 Page 191 of 578 B. Maximum Support Spacing and Minimum Hanger Rod Size for Raceway: Space supports for EMT, IMC, and RMC as required by NFPA 70. Minimum rod size shall be 1/4 inch (6 mm) in diameter. C. Multiple Raceways or Cables: Install trapeze -type supports fabricated with steel slotted support system, sized so capacity can be increased by at least 25 percent in future without exceeding specified design load limits. 1. Secure raceways and cables to these supports with single -bolt conduit clamps. D. Spring -steel clamps designed for supporting single conduits without bolts may be used for 1- 1/2-inch (38-mm) and smaller raceways serving branch circuits and communication systems above suspended ceilings and for fastening raceways to trapeze supports. 3.2 SUPPORT INSTALLATION A. Comply with NECA 1 and NECA 101 for installation requirements except as specified in this Article. B. Raceway Support Methods: In addition to methods described in NECA 1, EMT, IMC, and RMC may be supported by openings through structure members, as permitted in NFPA 70. C. Strength of Support Assemblies: Where not indicated, select sizes of components so strength will be adequate to carry present and future static loads within specified loading limits. Minimum static design load used for strength determination shall be weight of supported components plus 200 lb (90 kg). D. Mounting and Anchorage of Surface -Mounted Equipment and Components: Anchor and fasten electrical items and their supports to building structural elements by the following methods unless otherwise indicated by code: 1. To Wood: Fasten with lag screws or through bolts. 2. To New Concrete: Bolt to concrete inserts. 3. To Masonry: Approved toggle -type bolts on hollow masonry units and expansion anchor fasteners on solid masonry units. 4. To Existing Concrete: Expansion anchor fasteners. 5. Instead of expansion anchors, powder -actuated driven threaded studs provided with lock washers and nuts may be used in existing standard -weight concrete 4 inches (100 mm) thick or greater. Do not use for anchorage to lightweight -aggregate concrete or for slabs less than 4 inches (100 mm) thick. 6. To Steel: Beam clamps (MSS Type 19, 21, 23, 25, or 27) complying with MSS SP-69 Spring -tension clamps. 7. To Light Steel: Sheet metal screws. 8. Items Mounted on Hollow Walls and Nonstructural Building Surfaces: Mount cabinets, panelboards, disconnect switches, control enclosures, pull and junction boxes, transformers, and other devices on slotted -channel racks attached to substrate. E. Drill holes for expansion anchors in concrete at locations and to depths that avoid reinforcing bars. IDOT CSVI Project No. 9I240AL0200 26 05 29 - 4 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS CONTRACT NO. 5819 Terminal Security Upgrades AECOM 60734402 Page 192 of 578 3.3 INSTALLATION OF FABRICATED METAL SUPPORTS A. Comply with installation requirements in Section 055000 "Metal Fabrications" for site - fabricated metal supports. B. Cut, fit, and place miscellaneous metal supports accurately in location, alignment, and elevation to support and anchor electrical materials and equipment. C. Field Welding: Comply with AWS D1.1/D1.1M. 3.4 PAINTING A. Touchup: Comply with requirements in Section 099123 "Interior Painting" for cleaning and touchup painting of field welds, bolted connections, and abraded areas of shop paint on miscellaneous metal. B. Galvanized Surfaces: Clean welds, bolted connections, and abraded areas and apply galvanizing -repair paint to comply with ASTM A 780. END OF SECTION 26 05 29 IDOT CSVI Project No. 9I240AL0200 26 05 29 - 5 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS CONTRACT NO. 5819 Terminal Security Upgrades AECOM 60734402 Page 193 of 578 This Page Left Blank Intentionally Page 194 of 578 SECTION 26 05 33 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Metal conduits, tubing, and fittings. 2. Boxes, enclosures, and cabinets. 1.2 ACTION SUBMITTALS A. Product Data: For surface raceways, wireways and fittings, hinged -cover enclosures, and cabinets. B. Shop Drawings: For custom enclosures and cabinets. Include plans, elevations, sections, and attachment details. PART 2 - PRODUCTS 2.1 METAL CONDUITS, TUBING, AND FITTINGS A. Listing and Labeling: Metal conduits, tubing, and fittings shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. GRC: Comply with ANSI C80.1 and UL 6. C. IMC: Comply with ANSI C80.6 and UL 1242. D. PVC -Coated Steel Conduit: PVC -coated rigid steel conduit and IMC. 1. Comply with NEMA RN 1. 2. Coating Thickness: 0.040 inch (1 mm), minimum. E. EMT: Comply with ANSI C80.3 and UL 797. F. FMC: Comply with UL 1; zinc -coated steel. G. LFMC: Flexible steel conduit with PVC jacket and complying with UL 360. H. Fittings for Metal Conduit: Comply with NEMA FB 1 and UL 514B. 1. Fittings for EMT: a. Material: Steel. IDOT CSVI Project No. 9I240AL0200 26 05 33 - 1 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS CONTRACT NO. 5819 Terminal Security Upgrades AECOM 60734402 Page 195 of 578 b. Type: compression. 2. Expansion Fittings: PVC or steel to match conduit type, complying with UL 651, rated for environmental conditions where installed, and including flexible external bonding jumper. 3. Coating for Fittings for PVC -Coated Conduit: Minimum thickness of 0.040 inch (1 mm), with overlapping sleeves protecting threaded joints. I. Joint Compound for IMC, GRC: Approved, as defined in NFPA 70, by authorities having jurisdiction for use in conduit assemblies, and compounded for use to lubricate and protect threaded conduit joints from corrosion and to enhance their conductivity. 2.2 BOXES, ENCLOSURES, AND CABINETS A. General Requirements for Boxes, Enclosures, and Cabinets: Boxes, enclosures, and cabinets installed in wet locations shall be listed for use in wet locations. B. Sheet Metal Outlet and Device Boxes: Comply with NEMA OS 1 and UL 514A. C. Cast -Metal Outlet and Device Boxes: Comply with NEMA FB 1, ferrous alloy, Type FD, with gasketed cover. D. Small Sheet Metal Pull and Junction Boxes: NEMA OS 1. E. Cast -Metal Access, Pull, and Junction Boxes: Comply with NEMA FB 1 and UL 1773, galvanized, cast iron with gasketed cover. F. Box extensions used to accommodate new building finishes shall be of same material as recessed box. G. Device Box Dimensions: 4 inches square by 2-1/8 inches deep (100 mm square by 60 mm deep). H. Gangable boxes are allowed. I. Hinged -Cover Enclosures: Comply with UL 50 and NEMA 250, Type 1, Type 3R, Type 4 and Type 12 with continuous -hinge cover with flush latch unless otherwise indicated. 1. Metal Enclosures: Steel, finished inside and out with manufacturer's standard enamel 2. Interior Panels: Steel; all sides finished with manufacturer's standard enamel. J. Cabinets: 1. NEMA 250, Type 1, Type 3R, Type 4 and Type 12 galvanized -steel box with removable interior panel and removable front, finished inside and out with manufacturer's standard enamel. 2. Hinged door in front cover with flush latch and concealed hinge. 3. Key latch to match panelboards. 4. Metal barriers to separate wiring of different systems and voltage. 5. Accessory feet where required for freestanding equipment. IDOT CSVI Project No. 9I240AL0200 26 05 33 - 2 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS CONTRACT NO. 5819 Terminal Security Upgrades AECOM 60734402 Page 196 of 578 PART 3 - EXECUTION 3.1 RACEWAY APPLICATION A. Outdoors: Apply raceway products as specified below unless otherwise indicated: 1. Exposed Conduit: GRC or IMC. 2. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor -Driven Equipment): LFMC. 3. Boxes and Enclosures, Aboveground: NEMA 250, Type 3R. B. Indoors: 1. Exposed, Not Subject to Physical Damage: EMT. 2. Concealed in Ceilings and Interior Walls and Partitions: EMT. 3. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor -Driven Equipment): FMC, except use LFMC in damp or wet locations. 4. Damp or Wet Locations: GRC or IMC. 5. Boxes and Enclosures: NEMA 250, Type 1 in dry areas, NEMA 4 in Damp or Wet areas. C. Minimum Raceway Size: 1/2-inch (16-mm) trade size. D. Raceway Fittings: Compatible with raceways and suitable for use and location. 1. Rigid and Intermediate Steel and Aluminum Conduit: Use threaded rigid steel conduit fittings for GRC and IMC unless otherwise indicated. Comply with NEMA FB 2.10. 2. PVC Externally Coated, Rigid Steel Conduits: Use only fittings listed for use with this type of conduit. Patch and seal all joints, nicks, and scrapes in PVC coating after installing conduits and fittings. Use sealant recommended by fitting manufacturer and apply in thickness and number of coats recommended by manufacturer. 3. EMT: Use compression, steel fittings. Comply with NEMA FB 2.10. 4. Flexible Conduit: Use only fittings listed for use with flexible conduit. Comply with NEMA FB 2.20. E. Do not install aluminum conduits, boxes, or fittings. F. Conceal conduit as much as possible within walls and above ceilings. 3.2 INSTALLATION A. Comply with NECA 1 and NECA 101 for installation requirements except where requirements on Drawings or in this article are stricter. Comply with NECA 102 for aluminum conduits. Comply with NFPA 70 limitations for types of raceways allowed in specific occupancies and number of floors. B. Keep raceways at least 6 inches (150 mm) away from parallel runs of flues and steam or hot- water pipes. Install horizontal raceway runs above water and steam piping. IDOT CSVI Project No. 9I240AL0200 26 05 33 - 3 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS CONTRACT NO. 5819 Terminal Security Upgrades AECOM 60734402 Page 197 of 578 C. Comply with requirements in Section 260529 "Hangers and Supports for Electrical Systems" for hangers and supports. D. Arrange stub -ups so curved portions of bends are not visible above finished slab. E. Install no more than the equivalent of three 90-degree bends in any conduit run except for control wiring conduits, for which fewer bends are allowed. Support within 12 inches (300 mm) of changes in direction. F. Conceal conduit and EMT within finished walls, ceilings, and floors unless otherwise indicated. Install conduits parallel or perpendicular to building lines. G. Support conduit within 12 inches (300 mm) of enclosures to which attached. H. Stub -ups to Above Recessed Ceilings: 1. Use EMT, IMC, or RMC for raceways. 2. Use a conduit bushing or insulated fitting to terminate stub -ups not terminated in hubs or in an enclosure. I. Threaded Conduit Joints, Exposed to Wet, Damp, Corrosive, or Outdoor Conditions: Apply listed compound to threads of raceway and fittings before making up joints. Follow compound manufacturer's written instructions. J. Coat field -cut threads on PVC -coated raceway with a corrosion -preventing conductive compound prior to assembly. K. Raceway Terminations at Locations Subject to Moisture or Vibration: Use insulating bushings to protect conductors including conductors smaller than No. 4 AWG. L. Terminate threaded conduits into threaded hubs or with locknuts on inside and outside of boxes or cabinets. Install bushings on conduits up to 1-1/4-inch (35-mm) trade size and insulated throat metal bushings on 1-1/2-inch (41-mm) trade size and larger conduits terminated with locknuts. Install insulated throat metal grounding bushings on service conduits. M. Install devices to seal raceway interiors at accessible locations. Locate seals so no fittings or boxes are between the seal and the following changes of environments. Seal the interior of all raceways at the following points: 1. Where conduits pass from warm to cold locations, such as boundaries of refrigerated spaces. 2. Where an underground service raceway enters a building or structure. 3. Where otherwise required by NFPA 70. N. Flexible Conduit Connections: Comply with NEMA RV 3. Use a maximum of 72 inches (1830 mm) of flexible conduit for recessed and semi -recessed luminaires, equipment subject to vibration, noise transmission, or movement; and for transformers and motors. 1. Use LFMC in damp or wet locations subject to severe physical damage. 2. Use LFMC in damp or wet locations not subject to severe physical damage. IDOT CSVI Project No. 9I240AL0200 26 05 33 - 4 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS CONTRACT NO. 5819 Terminal Security Upgrades AECOM 60734402 Page 198 of 578 O. Locate boxes so that cover or plate will not span different building finishes. P. Support boxes of three gangs or more from more than one side by spanning two framing members or mounting on brackets specifically designed for the purpose. Q. Fasten junction and pull boxes to or support from building structure. Do not support boxes by conduits. 3.3 FIRESTOPPING A. Install firestopping at penetrations of fire -rated wall assemblies. 3.4 PROTECTION A. Protect coatings, finishes, and cabinets from damage and deterioration. 1. Repair damage to galvanized finishes with zinc -rich paint recommended by manufacturer. 2. Repair damage to PVC coatings or paint finishes with matching touchup coating recommended by manufacturer. END OF SECTION 26 05 33 IDOT CSVI Project No. 9I240AL0200 26 05 33 - 5 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS CONTRACT NO. 5819 Terminal Security Upgrades AECOM 60734402 Page 199 of 578 This Page Left Blank Intentionally Page 200 of 578 SECTION 26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Identification for raceways. 2. Identification of power and control cables. 3. Identification for conductors. 4. Equipment identification labels. 5. Miscellaneous identification products. 1.2 ACTION SUBMITTALS A. Product Data: For each electrical identification product indicated. 1.3 QUALITY ASSURANCE A. Comply with ANSI A13.1. B. Comply with NFPA 70. C. Comply with 29 CFR 1910.144 and 29 CFR 1910.145. D. Comply with ANSI Z535.4 for safety signs and labels. E. Adhesive -attached labeling materials, including label stocks, laminating adhesives, and inks used by label printers, shall comply with UL 969. PART 2- PRODUCTS 2.1 POWER AND CONTROL CABLE IDENTIFICATION MATERIALS A. Comply with ANSI A13.1 for minimum size of letters for legend and for minimum length of color field for each raceway and cable size. B. Self -Adhesive Vinyl Labels: Preprinted, flexible label laminated with a clear, weather- and chemical - resistant coating and matching wraparound adhesive tape for securing ends of legend label. C. Write -On Tags: Polyester tag, 0.010 inch (0.25 mm) thick, with corrosion -resistant grommet and cable tie for attachment to conductor or cable. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 26 05 53 - 1 IDENTIFICATION FOR ELECTRICAL SYSTEMS Terminal Security Upgrades AECOM 60734402 Page 201 of 578 1. Marker for Tags: Permanent, waterproof, black ink marker recommended by tag manufacturer. 2. Marker for Tags: Machine -printed, permanent, waterproof, black ink marker recommended by printer manufacturer. 2.2 CONDUCTOR IDENTIFICATION MATERIALS A. Color -Coding Conductor Tape: Colored, self-adhesive vinyl tape not less than 3 mils (0.08 mm) thick by 1 to 2 inches (25 to 50 mm) wide. B. Marker Tapes: Vinyl or vinyl -cloth, self-adhesive wraparound type, with circuit identification legend machine printed by thermal transfer or equivalent process. 2.3 FLOOR MARKING TAPE A. 2-inch- (50-mm-) wide, 5-mil (0.125-mm) pressure -sensitive vinyl tape, with black and white stripes and clear vinyl overlay. 2.4 WARNING LABELS AND SIGNS A. Comply with NFPA 70 and 29 CFR 1910.145. B. Metal -Backed, Butyrate Warning Signs: 1. Weather -resistant, nonfading, preprinted, cellulose -acetate butyrate signs with 0.0396-inch (1- mm) galvanized -steel backing; and with colors, legend, and size required for application. 2. 1/4-inch (6.4-mm) grommets in corners for mounting. 3. Nominal size, 10 by 14 inches (250 by 360 mm). C. Warning label and sign shall include, but are not limited to, the following legends: 1. Multiple Power Source Warning: "DANGER - ELECTRICAL SHOCK HAZARD - EQUIPMENT HAS MULTIPLE POWER SOURCES." 2. Workspace Clearance Warning: "WARNING - OSHA REGULATION - AREA IN FRONT OF ELECTRICAL EQUIPMENT MUST BE KEPT CLEAR FOR 36 INCHES (915 MM)." 2.5 INSTRUCTION SIGNS A. Engraved, laminated acrylic or melamine plastic, minimum 1/16 inch (1.6 mm) thick for signs up to 20 sq. inches (129 sq. cm) and 1/8 inch (3.2 mm) thick for larger sizes. 1. Engraved legend with black letters on white face. 2. Punched or drilled for mechanical fasteners. 3. Framed with mitered acrylic molding and arranged for attachment at applicable equipment. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 26 05 53 - 2 IDENTIFICATION FOR ELECTRICAL SYSTEMS Terminal Security Upgrades AECOM 60734402 Page 202 of 578 B. Adhesive Film Label: Machine printed, in black, by thermal transfer or equivalent process. Minimum letter height shall be 3/8 inch (10 mm). C. Adhesive Film Label with Clear Protective Overlay: Machine printed, in black, by thermal transfer or equivalent process. Minimum letter height shall be 3/8 inch (10 mm). Overlay shall provide a weatherproof and UV -resistant seal for label. 2.6 EQUIPMENT IDENTIFICATION LABELS A. Adhesive Film Label with Clear Protective Overlay: Machine printed, in black, by thermal transfer or equivalent process. Minimum letter height shall be 3/8 inch (10 mm). Overlay shall provide a weatherproof and UV -resistant seal for label. B. Self -Adhesive, Engraved, Laminated Acrylic or Melamine Label: Adhesive backed, with white letters on a dark -gray background. Minimum letter height shall be 3/8 inch (10 mm). C. Stenciled Legend: In nonfading, waterproof, black ink or paint. Minimum letter height shall be 1 inch (25 mm). PART 3 - EXECUTION 3.1 INSTALLATION A. Location: Install identification materials and devices at locations for most convenient viewing without interference with operation and maintenance of equipment. B. Apply identification devices to surfaces that require finish after completing finish work. C. Self -Adhesive Identification Products: Clean surfaces before application, using materials and methods recommended by manufacturer of identification device. D. Attach signs and plastic labels that are not self-adhesive type with mechanical fasteners appropriate to the location and substrate. E. Painted Identification: Comply with requirements in painting Sections for surface preparation and paint application. 3.2 IDENTIFICATION SCHEDULE A. Accessible Raceways and Cables within Buildings: Identify the covers of each junction and pull box of the following systems with self-adhesive vinyl labels with the wiring system legend and system voltage. B. Power -Circuit Conductor Identification, 600 V or Less: For conductors in vaults, pull and junction boxes, manholes, and handholes, use color -coding conductor tape to identify the phase. 1. Color -Coding for Phase and Voltage Level Identification, 600 V or Less: Use colors of branch circuit conductors to match existing color scheme. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 26 05 53 - 3 IDENTIFICATION FOR ELECTRICAL SYSTEMS Terminal Security Upgrades AECOM 60734402 Page 203 of 578 a. Field -Applied, Color -Coding Conductor Tape: Apply in half -lapped turns for a minimum distance of 6 inches (150 mm) from terminal points and in boxes where splices or taps are made. Apply last two turns of tape with no tension to prevent possible unwinding. Locate bands to avoid obscuring factory cable markings. C. Auxiliary Electrical Systems Conductor Identification: Identify field -installed alarm, control, and signal connections. 1. Identify conductors, cables, and terminals in enclosures and at junctions, terminals, and pull points. Identify by system and circuit designation. 2. Use system of marker tape designations that is uniform and consistent with system used by manufacturer for factory -installed connections. 3. Provide unique Cat 6a cable jacket color for the provided camera network. Coordinate color with facility manager prior to ordering (yellow preferred if not already used). D. Workspace Indication: Install floor marking tape to show working clearances in the direction of access to live parts. Workspace shall be as required by NFPA 70 and 29 CFR 1926.403 unless otherwise indicated. Do not install at flush -mounted panelboards and similar equipment in finished spaces. E. Warning Labels for Indoor Cabinets, Boxes, and Enclosures for Power and Lighting: Self-adhesive warning labels. 1. Comply with 29 CFR 1910.145. 2. Identify system voltage with black letters on an orange background. 3. Apply to exterior of door, cover, or other access. 4. For equipment with multiple power or control sources, apply to door or cover of equipment including, but not limited to, the following: a. Controls with external control power connections. F. Operating Instruction Signs: Install instruction signs to facilitate proper operation and maintenance of electrical systems and items to which they connect. Install instruction signs with approved legend where instructions are needed for system or equipment operation. G. Equipment Identification Labels: On each unit of equipment, install unique designation label that is consistent with wiring diagrams, schedules, and the Operation and Maintenance Manual. Apply labels to disconnect switches and protection equipment, central or master units, control panels, control stations, terminal cabinets, and racks of each system. Systems include power, lighting, control, communication, signal, monitoring, and alarm systems unless equipment is provided with its own identification. END OF SECTION 26 05 53 IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 26 05 53 - 4 IDENTIFICATION FOR ELECTRICAL SYSTEMS Terminal Security Upgrades AECOM 60734402 Page 204 of 578 SECTION 281000 ACCESS CONTROL PART 1 - GENERAL 1.1 SUMMARY A. Includes furnishing of equipment and installation of a functional card access control system based on an IP platform. Contractor shall be responsible for supplying, installing and programming card readers, electronic locking mechanisms, door position switches, and integration with the video surveillance system. B. Related Sections includes the following: 1. Section 282313 — Video Surveillance Control and Management Systems C. Minimum composition requirements and/or installation methods for the following materials and work are included in this section: 1. Security Management System (SMS) 2. Proximity Card Reader 3. Magnetic Door Contact 4. Request to Exit Sensor 5. Door Release Switch 1.2 REFERENCES A. Reference Standards: 1. 28 CFR Part 36 — ADA Standards for Accessible Design 2010 2. Federal Communications Commission (FCC) Parts 15 and 68. 3. ISO/IEC 7810 Identification cards — Physical characteristics 4. National Institute of Standards and Technology (NIST) a. FIPS 140-2 — Security Requirements for Cryptographic Modules, including the use of X.509 public key infrastructure (PKI) digital certificates b. FIPS 197 — Advanced Encryption Standard (AES) c. FIPS 201 — FIPS 201-1 and FIPS-201-2 standards — Personnel Information and Verification (PIV) standards for Government Agencies, including PIV, PIV-II and CAC cards. 5. Security Industry Association (SIA): a. ANSI/SIA CP-01-2014 — False Alarm Reduction Standard b. OSDP v2.1.5 — Open Supervised Device Protocol 6. Telecommunications Industry Association (TIA) B. Reference Specifications: 1. Section 26 05 23 2. Section 26 05 29 3. Section 26 05 33 4. Section 27 11 00 — Control -Voltage Electrical Power Cables — Hangers and Supports for Electrical Systems — Raceways and Boxes for Electrical Systems — Communications Equipment Room Fittings DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 1 Terminal Security Upgrades ACCESS CONTROL AECOM 60734402 Page 205 of 578 1.3 SYSTEM DESCRIPTION A. The design intent of the access control system is to provide a fully integrated operational platform for both the Access Control System (ACS) and the Salient Video Security System (CCTV). Systems not capable of such level of integration; will not be considered due to operational constraints and obvious interoperability limitations. B. The card ACS controls, monitors and records all valid entries and invalid entry attempts by personnel using the proximity access cards and keypad at card reader terminals located adjacent to doors. C. When a person wishes to enter a secure area, a valid card and entry code is presented at the reader terminal placed at the unprotected side of the protected space. D. The SMS automatically controls door access by comparing security information stored within the access card with information programmed. This database management allows enterprise -wide data integration through Active Directory. 1. If the information on the card matches that which is stored within the SMS, a signal is sent by the SMS to the card reader terminal location to operate the door release device, allowing the person to open the door and allow entry into the secure area. 2. If the information on the card does not match that which is stored within the SMS, the SMS does not release the activating device but sounds a brief alarm at the reader and logs the access card number, access point, time of day and an indication of why access was denied. 3. Each card reader door shall be monitored for real time status (open/close). 4. A programmable alarm shunt timer (2 to 120 seconds) allows door to be opened for authorized card access entry, allowing adequate time to enter without alarming the system. An alarm shall occur if the door remains open beyond the preset alarm period. 5. The system shall not alarm when an exit device (pushbutton or request to exit sensor) is used to leave a secure area. A programmable alarm shunt timer (2 to 120 seconds) allows door to be opened, allowing adequate time to exit. An alarm shall occur if the door remains open beyond the preset alarm period. E. Access to the system database shall be restricted through at least 2 security access levels in order to prevent unauthorized program modifications or use by unauthorized personnel. Selective passwords shall be used to allow control and administration of system and for authorization to change programming parameters. F. The SMS shall maintain a calendar clock for controlling and indicating all time related functions such as schedule door lock open and close command. G. The system administrator, using appropriate keyboard commands, may program the SMS to automatically suppress alarms and unlock doors to enable door access for extended time intervals when monitoring is not required. H. The SMS shall be browser based, password protected, and capable of directly connecting to the security network via a standard network switch or routing device. I. The system administrator, using appropriate keyboard commands may display and print summary reports, including: 1. Alarms 2. Access activity at specified card reader including escorted visitors DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 2 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 206 of 578 3. Denied access attempts 4. Doors in override mode (card access) 5. Doors with alarms suppressed (monitored) 6. All transactions stored in data base (printout to be selective by date, time, transaction type, card I.D. number, card reader or alarm monitor transactions) 7. All user programmable data including time zone, access levels and biographic information J. System Software: Based on 64-bit, Microsoft Windows operating system, and application software. The access control Operating Software shall have the following capabilities at a minimum: a. Multiuser multitasking to allow for independent activities and monitoring to occur simultaneously at different workstations. b. Graphical user interface to show pull -down menus and a menu tree format that complies with interface guidelines of Microsoft Windows operating system. c. System license shall be for the entire system and shall include capability for future additions that are within the indicated system size limits specified in this Section. d. System shall have open architecture that allows importing and exporting of data and interfacing with other systems that are compatible with Microsoft Windows operating system. e. Capable of integrating/interfacing with 3rd-party software and hardware systems and devices. f. Password -protected operator login and access. g. Secured using AES 128-bit and 256-bid Data Encryption to protect data communications between the host server and client workstations. h. Seamless integration with third party visitor management system. i. ODBC compliant and full compatible with SQL data base engines. j. Maintains event logs file on server hard drive that contains all alarm events, card access control transactions, operator actions, and any other event processed. 1.4 PERFORMANCE REQUIREMENTS A. Security access control system shall use a single database for access -control, alarm monitoring and credential -creation (badge) functions. B. Distributed Processing: System shall be a fully distributed processing system so that information, including time, date, valid codes, access levels, and similar data, is downloaded to Controllers so that each Controller makes access -control decisions for that Location. Do not use intermediate Controllers for access control. If communications to server are lost, all Controllers shall automatically buffer event transactions until communications are restored, at which time buffered events shall be uploaded to the system server. C. The operating system shall be one that downloads system and card holder database (time, valid access code, access levels, etc.) to the controllers for localized decision making. D. The system must utilize a single seamlessly integrated relational database for all functionality. This integration shall be provided with one operating environment E. The system operating environment shall be the fully multi -tasking Microsoft Windows 10, 11, Server 2022, Server 2019, or Server 2016 platform. DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 3 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 207 of 578 F. The web -enabled applications shall be written so that all the system modules (access control, alarm monitoring, credential management, visitor management, intrusion detection, asset management, etc.) are developed and built from a unified 64-bit source code set. G. The system shall be expandable to support an unlimited number of input/output modules and client workstations. H. All system data must reside on a single database on the network and must be accessible in real time to every/any system workstation connected to the network to users authorized with required access privileges. I. System Network Requirements: 1. Interconnect system components and provide automatic communication of status changes, commands, field -initiated interrupts, and other communications required for proper system operation. 2. Communication shall not require operator initiation or response and shall return to normal after partial or total network interruption such as power loss or transient upset. 3. System shall automatically annunciate communication failures to the operator and identify the communication link that has experienced a partial or total failure. J. Server shall provide operator interface, interaction, display, control, and dynamic and real-time monitoring. Server shall control system networks to interconnect all system components, including workstations and field -installed Controllers. K. Field equipment shall include Door Controllers, detection sensors, and card readers. Door Controllers shall serve as an interface between the server and sensors and readers. Data exchange between the server and the Controllers shall include down -line transmission of commands, software, and databases to Controllers. The up -line data exchange from the Controller to the server shall include status data such as intrusion alarms, status reports, and entry -control records. Controllers are classified as alarm -annunciation or entry -control type. 1. The card access control system controls, monitors and records all valid entries and invalid entry attempts by personnel using the proximity access cards at card reader terminals located adjacent to doors and parking barriers requiring secured access. 2. When a person wishes to enter a secure area, the card is presented at the reader terminal placed at the unprotected side of the protected space. 3. The Data Gathering Panel (DGP)/controller automatically controls door/barrier access by comparing security information stored within the access card with information programmed within the DGP (facility code, list of acceptable access card I.D. numbers with their authorized places and times of entry, access level, etc.). a. If the information on the card matches that which is stored within the DGP, a signal is sent by the DGP to the card reader terminal location to operate the door release device, allowing the person to open the door and allow entry into the secure area. b. If the information on the card does not match that which is stored within the DGP, the DGP does not release the activating device but sounds a brief alarm at the reader and logs the access card number, access point, and time of day and an indication of why access was denied. c. Each card reader door shall be monitored for real time status (open/close). DOT CSVI Project No. 91240ALO200 CONTRACT NO. 5819 281000 - 4 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 208 of 578 d. A programmable alarm shunt timer (2 to 120 seconds) allows door to be opened for authorized card access entry, allowing adequate time to enter without alarming the system. An alarm shall occur if the door remains open beyond the preset alarm period. e. The system shall not alarm when an exit device (pushbutton or request to exit sensor) is used to leave a secure area. A programmable alarm shunt timer (2 to 120 seconds) allows door to be opened, allowing adequate time to exit. An alarm shall occur if the door remains open beyond the preset alarm period. 4. DGP's/controllers, card readers, detection sensors, electrified locksets and related devices shall be integrated to perform as a PC based Security Management System. 5. The DGP's and their related devices shall be combined to provide the required number of inputs and outputs for the application stated herein L. Door Hardware Interface: Coordinate with drawings that specify door/door hardware required to be monitored or controlled by the security access system. The Controllers in this Section shall have electrical characteristics that match the signal and power requirements of door hardware. Integrate door hardware specified to function with the controls and PC -based software and hardware in this Section. M. Door controllers can be of the edge technology with direct connection into a network switch powered by the switches PoE power supply. Magnetic locks and electrified panic bars shall be powered from a dedicated 24 VDC power source and not from the PoE supply. N. Input boards shall be provided to accept inputs for IDS sensors such as motion detectors and panic buttons. 1.5 SUBMITTALS A. Product Data: For each type of product specified indicating configurations, finishes, dimensions, and manufacture's instructions. B. Shop Drawings: Submit data consisting of shop drawings and catalog datasheets complete with technical data necessary to evaluate the material and equipment. Include dimension, wiring and block diagrams, performance data, ratings, control sequences and other descriptive data necessary to describe the item proposed and its operating characteristics. Include a complete technical specification for the submitted equipment, noting differences and adherence to all Division 28 Sections. 1. Coordinate with other trades in submittal of shop drawings. 2. Shop drawings shall detail space conditions and shall be subject to final review by Engineer. 3. Provide an operational narrative of each component/system. 4. Submit to owner a computer listing of proposed devices, indicating interconnection equipment locations and specifying terminal/connector termination locations. Submit a complete set of proposed drawings, identifying equipment locations, types of cabling, numbers of conductors, raceway locations, and termination points of each conductor. 5. The approval of shop drawings or samples does not relieve the integrator of responsibility for any deviation from the requirements of the Contract Documents, unless the Engineer was informed in writing of such deviation on the shop drawings and given written approval of the specific deviation. The Engineer's approval also does not relieve integrator from responsibility for errors or omissions in the shop drawings or samples. 6. Coordinate equipment submittals with construction schedules. DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 5 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 209 of 578 C. Certificates: 1. Welding Certificates. D. Project planning documents as specified in Part 3. E. Coordinate with and submit for Owner approval a listing of all system components with recommended labeling for identification within the system. F. Coordinate with and submit for Owner approval a listing of operator and user privileges recommended for system integration. G. Project Record Documents: 1. As -Built Drawings: The "as -built" drawings shall be maintained to reflect the actual build of the installed system. Upon completion of the final punch list, a full size set of drawings and one set of CAD files shall be submitted for review and record. 2. The following documentation shall be provided of all final components showing the following information: a. System Label. b. Physical Location. c. System Address. d. Functional Description. H. Closeout Submittals: 1. Warranty Documentation: Provide copies of manufacturers' warranties for all system components and applicable equipment. Include statement of labor warranty from the manufacturer and/or other 3rd party entity 2. Record Documentation: a. Submit a copy of a signed agreement stipulating that the license of all software and operation residing on the server and/or workstations shall become the sole property of the Owner. b. Submit to Owner upon completion of work, all passwords used to access all aspects of the operating system software and database. Documentation shall include the name and position of anyone who has knowledge or record of these passwords. 3. Substantial Design Closeout Documentation: a. Operation and maintenance Manual Data: Submit data in accordance with Division 1 and this section for all equipment specified in this section. Include complete set of suppliers' operating instructions and troubleshooting guides. Include final listing and location of doors, elevators, workstations, servers, gate barriers and annunciators. b. Prior to Substantial Completion, provide schematic drawings depicting type and location of interface equipment/components, numbers of cables and conductors, raceway locations, type of connectors, circuit requirements and type and dimensions of enclosures. 4. Commissioning Report. DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 6 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 210 of 578 5. Provide documentation of both the Final Acceptance Test and Start up Testing. 1.6 QUALITY ASSURANCE A. Manufacture's Qualifications: Firms regularly and currently engaged in production of equipment and accessories provided. 1. Equipment: In satisfactory and efficient operation on at least five installations for not less than three years. 2. Suppliers: Factory or manufacturer trained and authorized personnel for installation and service of equipment provided. 3. Manufacturer shall be capable of providing field service representation during construction, approving acceptable installer and approving application method. B. Installer Qualifications: 1. Certified by electronic security equipment manufacturer, adhere to engineering, installation and testing procedures and utilize authorized manufacturer components and distribution channels in provisioning this Project. 2. Experienced in electronic security work and able to demonstrate direct experience on recent systems of similar type and size. This includes demonstrating a thorough knowledge of network -based access control system and IP topology in general. 3. Labor: Competent, skilled and certified by systems manufacturer. 4. Own and maintain tools and equipment necessary for successful installation and testing of an IP base card access systems and have personnel adequately trained in use of such tools and equipment. 5. Located within a 2-hour drive time from the project location to sufficiently respond to warrantee/maintenance issues/requests. 6. Employ fully trained technicians that are experienced in the programming and administration of the access control system at the operator and administrator level. C. Exact locations of equipment and fixtures subject to approval of Owner's Representative. D. Coordination Drawings: Prepare in accordance with Division 1. 1. Omissions from Drawings or Specifications, or incorrect description of details of Work which are necessary to carry out intent of Drawings and Specifications, or which are customarily performed, shall not relieve Contractor from performing such omitted or incorrect described detail of Work. Perform such Work as if verified field measurements, field construction criteria, materials, catalog numbers and similar data, or will do so, and that he has checked and coordinated each shop drawing and sample with requirements of Work and of Contract Documents. E. Review of Contract Documents: 1. Verify dimensions locating work and its relation to existing work, existing conditions and their relation to work and man-made obstructions and conditions, etc. affecting completion and proper execution of work as indicated in Contract Documents. F. Coordination: Coordinate work of this section with requirements of fire alarm system, requirements of Owner's telephone equipment supplier, workstation, and local area network (LAN) equipment suppliers, furniture suppliers and other suppliers as required. DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 7 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 211 of 578 1. Meet with representatives of above organizations and Owner's Representative to exchange information and agree on details of equipment arrangements and installation interfaces. 2. Record agreements reached in meetings and distribute record to other participants. G. Adjust arrangements and locations of control panels, patch panels, and power supplies in equipment rooms and wiring closets to accommodate and optimize arrangement and space requirements of the security management system. 1.7 DELIVERY, STORAGE, AND HANDLING A. Acceptance: Upon delivery to the site, visually inspect all equipment, components and shipping cartons to detect possible damage incurred during shipping and transport. Replace visibly damaged materials at no cost to Owner. B. Product Storage and Handling Requirements 1. Store in temperature and humidity controlled environment in original manufacturers sealed containers. Maintain ambient temperature between 50 and 85 degree F and not more than 80 percent humidity, non -condensing. 2. Open each container, verify contents against packing list 1.8 WARRANTY A. Special Warranty: Manufacturer's standard form in which manufacturer agrees to repair or replace components 1. System Components: One year from the date of Substantial Completion. 2. Labor: One year from date of Substantial Completion. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where titles below introduce lists, the following requirements apply to product selection: 1. Manufacturers: Basis of Design is Maxxess Systems, Inc. Maxxess eFusion software system. 2. Substitution requests may be submitted for consideration seven (7) days prior to bidding. Request shall include all manufacturers equipment, capability, and controllability. Any approval for bidding substitute shall be in writing from the Engineer of Record and does not relieve the contractor of any submittal requirements listed above. 2.2 APPLICATION SOFTWARE A. The operating system shall be one that downloads system and card holder database (time, valid access code, access levels, etc.) to the Security Management System's (SMS) for localized decision making B. Controller Software: DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 8 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 212 of 578 1. Controllers shall operate as an autonomous intelligent processing unit. Controllers shall make decisions about access control, alarm monitoring, linking functions, and door locking schedules for its operation, independent of other system components. Controllers shall be part of a fully distributed processing control network. The portion of the database associated with a Controller and consisting of parameters, constraints, and the latest value or status of points connected to that Controller, shall be maintained in the Controller. 2. Functions: The following functions shall be fully implemented and operational within each Controller: a. Monitoring inputs. b. Controlling outputs. c. Automatically reporting alarms to selected security personnel's workstations and mobile phones. d. Reporting of sensor and output status to Central Station on request. C. Direct Serial or TCP/IP PC -to -Controller Communications: 1. Communication software on the PC shall supervise the PC -to -Controller communications link. 2. Loss of communications to any Controller shall result in an alarm at all PCs running the communications software. 3. When communications are restored, all buffered events shall automatically upload to the PC, and any database changes shall be automatically sent to the Controller. 4. Copy command in database shall allow for like data to be copied and then edited for specific requirements, to reduce redundant data entry. 5. Secure data provided utilizing AES 128-bit and 256-bit Data Encryption to protect data communications between the host server and client workstations, between host server and area controller hardware, and between area controller hardware and local door controller hardware D. Operator Access Control: 1. Control operator access to system controls through three password -protected operator levels. System operators and managers with appropriate password clearances shall be able to change operator levels for operators. 2. Three successive attempts by an operator to execute functions beyond their defined level during a 24-hour period shall initiate a software tamper alarm. 3. A minimum of 32 passwords shall be available with the system software. System shall display the operator's name or initials in the console's first field. System shall print the operator's name or initials, action, date, and time on the system printer at login and logoff. 4. The password shall not be displayed or printed. 5. Each password shall be defmable and assignable for the following: a. Commands usable. b. Access to system software. c. Access to application software. d. Individual zones that are to be accessed. e. Access to database. DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 9 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 213 of 578 E. Operator Commands: 1. Command Input: Plain -language words and acronyms shall allow operators to use the system without extensive training or data-processing backgrounds. System prompts shall be a word, a phrase, or an acronym. 2. Command inputs shall be acknowledged, and processing shall start in not less than 5 second(s). 3. Tasks that may be executed by operator's commands shall include the following: a. Acknowledge Alarms: message. b. Place Zone in Secure: from a specific zone. c. System Test: Allows the operator to initiate a system -wide operational test. d. Zone Test: Allows the operator to initiate an operational test for a specific zone. Used to acknowledge that the operator has observed the alarm e. f. g• h. k. F. Alarms: Used to remotely activate intrusion alarm circuits emanating Print reports. Change Operator: Used for changing operators. Display Graphics: Used to display any graphic displays implemented in the system. Run system tests to simulate input and output points operation. Generate and format reports required. Request help with the system operation. 1) Include in main menus. 2) Provide unique, descriptive, context -sensitive help for selections and functions with the press of one function key. 3) Provide navigation to specific topic from within the first help window. 4) Help shall be accessible outside the applications program. Entry -Control Commands: 1) Lock (secure) or unlock (open) each controlled entry and exit up to four times a day through time -zone programming. 2) Arm or disarm each monitored input up to four times a day through time -zone programming. 3) Enable or disable readers or keypads up to twice a day through time -zone programming 4) Enable or disable cards and codes up to four times per day per entry point through access -level programming 1. System Setup: DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 10 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 214 of 578 a. Assign manual and automatic responses to incoming alarm signals. b. Automatically respond to input with a link to other inputs, outputs, operator -response plans, unique sound with use of WAV files, and maps or images that graphically represent the point location. c. 60-character message field for each alarm. d. Operator -response -action messages shall allow message length of at least 65,000 characters, with database storage capacity of up to 32,000 messages. Setup shall assign messages to access and other sensor points. e. Secondary messages shall be assignable by the operator for printing to provide further information and shall be editable by the operator. f. Allow 25 secondary messages with a field of 4 lines of 60 characters each. g. Store the most recent 1000 alarms for recall by the operator using the report generator. 2. Software Tamper: a. Annunciate a tamper alarm when unauthorized changes to system database files are attempted. Three consecutive unsuccessful attempts to log onto system shall generate a software tamper alarm. b. Annunciate a software tamper alarm when an operator or other individual makes three consecutive unsuccessful attempts to invoke functions beyond their authorization level. 3. Read access to system transcript files shall be reserved for operators with the highest password authorization level available in system. 4. Animated Response Graphics: Highlight alarms with flashing icons on graphic maps; display and constantly update the current status of alarm inputs and outputs in real time through animated icons. 5. Alarm Handling: Each input may be configured so that an alarm cannot be cleared unless it has returned to normal, with options of requiring the operator to enter a comment about disposition of alarm. Allow operator to silence alarm sound when alarm is acknowledged. 6. CCTV Alarm Interface: Allow commands to be sent to CCTV systems during alarms (or input change of state) through serial ports or network connections. 7. Camera Control: Provides operator ability to select cameras from graphic maps. 8. Allow live CCTV video feed to be integrated and displayed on the SMS monitor to allow comparison of stored and live video images G. Alarm Monitoring: Monitor sensors and notify operators of an alarm condition or programmable change of state. Display higher -priority alarms first and, within alarm priorities, display the oldest unacknowledged alarm first. Operator acknowledgment of one alarm shall not be considered acknowledgment of other alarms nor shall it inhibit reporting of subsequent alarms. 1. Displayed alarm data shall include type of alarm, location of alarm, and alarm messages. 2. Printed alarm data shall include type of alarm, location of alarm, date and time (to nearest second) of occurrence, and operator responses. 3. Maps shall automatically display the alarm condition for each input assigned to that map, if that option is selected for that input location. DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 11 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 215 of 578 4. Alarms initiate a status of "pending" and require the following two handling steps by operators: a. First Operator Step: "Acknowledged." This action shall silence sounds associated with the alarm. The alarm remains in the system "Acknowledged" but "Un-Resolved." b. Second Operator Step: Operators enter the resolution or operator comment, giving the disposition of the alarm event. The alarm shall then clear. 5. Each workstation shall display the total pending alarms and total unresolved alarms. 6. Each alarm point shall be programmable to disallow the resolution of alarms until the alarm point has returned to its normal state. 7. Alarms shall transmit to selected security personnel's workstations and mobile phones. 2.3 SYSTEM DATABASE A. Database and database management software shall define and modify each point in database using operator commands. Definition shall include parameters and constraints associated with each system device. B. Database Operations: 1. System data management shall be in a hierarchical menu tree format, with navigation through expandable menu branches and manipulated with use of menus and icons in a main menu and system toolbar. 2. Database shall have an open API allowing easy integration and interface with 3rd-party software and hardware using standards -based protocols and available software development kits. 3. Navigational Aids: a. Toolbar icons for add, delete, copy, print, capture image, activate, deactivate, and muster report. b. Point and click feature to facilitate data manipulation. c. Next and previous command buttons visible when editing database fields to facilitate navigation from one record to the next. d. Copy command and copy tool in the toolbar to copy data from one record to create a new similar record. 4. All data entry shall be automatically checked for duplicate and illegal data and shall verify that data are in a valid format. 5. Provide a memo or note field for each item that is stored in database, allowing the storing of information about any defining characteristics of the item. Memo field is used for noting the purpose the item was entered for, reasons for changes that were made, and the like. C. File Management: 1. Provide database backup and restoration system, allowing selection of storage media, including CD, DVD and other digital medium. DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 12 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 216 of 578 2. Provide manual and automatic mode of backup operations. The number of automatic sequential backups before the oldest backup becomes overwritten; FIFO mode shall be operator selectable. 3. Backup program shall provide manual operation from any PC on the LAN and shall operate while system remains operational. D. Operator Passwords: 1. Software shall support up to 32 individual system operators, each with a unique password. 2. Operator Password: One to eight alphanumeric characters. 3. Allow passwords to be case sensitive. 4. Passwords shall not be displayed when entered. 5. Provide each password with a unique and customizable password profile and allow several operators to share a password profile. Include the following features in the password profile: a. Allow for at least 256 operator password profiles. b. Predetermine the highest -level password profile for access to all functions and areas of program. c. Allow or disallow operator access to any program operation, including the functions of View, Add, Edit, and Delete. d. Restrict which doors an operator can assign access to. 6. Operators shall use a username and password to log on to system. a. This username and password is used to access database areas and programs as determined by the associated profile. 7. Make provision to allow the operator to log off without fully exiting program. User may be logged off but program will remain running while displaying the login window for the next operator. E. Access Card/Code Operation and Management: Access authorization shall be by card, by a manually entered code (PIN), or by a combination of both (card plus PIN). 1. Access authorization shall verify the facility code, card -and -PIN validation, and the access level (time of day, day of week, date), anti-passback status, and number as required at point of entry. 2. Use data -entry windows to view, edit, and issue access levels. Access authorization entry management system shall maintain and coordinate all access levels to prevent duplication or the incorrect creation of levels. 3. Allow assignment of multiple cards/codes to a cardholder. 4. Allow assignment of up to four access levels for each Location to a cardholder. Each access level may contain any combination of doors. 5. Each door may be assigned four time zones. 6. Access codes may be up to 11 digits in length. 7. Software shall allow the grouping of locations so cardholder data can be shared by all locations in the group. 8. Method of reporting on, and enabling or disabling, cards or codes. F. Group: DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 13 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 217 of 578 1. Group names may be used to sort cardholders into groups that allow the operator to determine the tenant, vendor, contractor, department, division, or any other designation of a group to which the person belongs. 2. System software shall have the capacity to assign 1 of 32,000 group names to an access authorization. 3. Make provision in software to deactivate and reactivate all access authorizations assigned to a particular group. 4. Allow sorting of history reports and code list printouts by group name. G. Time Zones: 1. Each zone consists of a start and stop time for 7 days of the week and three holiday schedules. A time zone is assigned to inputs, outputs, or access levels to determine when an input shall automatically arm or disarm, when an output automatically opens or secures, or when access authorization assigned to an access level will be denied or granted. 2. Up to four time zones may be assigned to inputs and outputs to allow up to four arm or disarm periods per day or four lock or unlock periods per day; up to three holiday override schedules may be assigned to a time zone. 3. Data -entry window shall display a dynamically linked bar graph showing active and inactive times for each day and holiday, as start and stop times are entered or edited. 4. System shall have the capacity for 12 time zones. H. Holidays: 1. Three different holiday schedules may be assigned to a time zone. Holiday schedule consists of date in format MM/DD/YYYY and a description. When the holiday date matches the current date of the time zone, the holiday schedule replaces the time zone schedule for that 24-hour period. 2. System shall have the capacity for at least 48 holidays. 3. Three separate holiday schedules may be applied to a time zone. 4. Holidays have an option to be designated as occurring on the designated date each year. These holidays remain in system and will not be purged. 5. Holidays not designated to occur each year shall be automatically purged from database after the date expires. I. Access Levels: 1. System shall allow for the creation up to 10 access levels. 2. One level shall be predefined as the Master Access Level. The Master Access Level shall work at all doors at all times and override any anti-passback. 3. System shall allow for access to be restricted to any area by reader and by time. Access levels shall determine when and where an Identifier is authorized. 4. System shall be able to create multiple door and time zone combinations under same access level so that an Identifier may be valid during different time periods at different readers even if the readers are on the same Controller. J. User -Defined Fields: 1. System shall provide a minimum of 99 user -defined fields, each with up to 50 characters, for specific information about each credential holder. 2. System shall accommodate a title for each field; field length shall be 20 characters. 3. A "Required" option may be applied to each user -defined field that, when selected, forces the operator to enter data in the user -defined field before the credential can be saved. DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 14 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 218 of 578 4. A "Unique" option may be applied to each user -defined field that, when selected, will not allow duplicate data from different credential holders to be entered. 5. Data format option may be assigned to each user -defined field that will require the data to be entered with certain character types in specific spots in the field entry window. 6. A user -defined field, if selected, will define the field as a deactivate date. The selection shall automatically cause the data to be formatted with the windows MM/DD/YYYY date format. The credential of the holder will be deactivated on that date. 7. A search function shall allow any one user -defined field or combination of user -defined fields to be searched to find the appropriate cardholder. The search function shall include search for a character string. 8. System shall have the ability to print cardholders based on and organized by the user -defined fields. 2.4 AREA CONTROLLER AND DOOR CONTROLLER COMMUNICATIONS AND DATA PROCESSING A. Area Controller and Door Controller communications and data processing capabilities shall include: 1. Communication via standard TCP/IP Ethernet protocols to the SMS software. 2. Communication from the Intelligent Area Controller to the downstream Local Door Controllers shall be via 2-wire RS-485 or via standard TCP/IP Ethernet. 3. All area controllers shall be fully intelligent, distributed processing controllers. The applicable system database and operating parameters shall be downloaded from the SMS host server to the area controller and stored locally in its local memory. 4. All access requests from card readers, local linkage parameters, and scheduled functions shall be processed locally at the area controller with no assistance required from the SMS host server. 5. If any loss of communication occurs between the SMS Server and an Area Controller, the Controller will continue to make local transaction decisions, and will store all events within its own internal database until communication is restored. Once communication is restored the stored events must be uploaded to the System Server with the time stamp of the event as it occurred. 6. Area Controllers and Door Controllers must support multiple card technologies, including 125Khz proximity, 13.56Mhz smart card technologies (iClass, Mifare, etc.), OSDP & Wiegand, magnetic stripe, keypads, biometric devices, bar code, and wireless lock sets. Data interfaces to the card readers shall support standard Wiegand Datal / DataO, OSDP & Secure OSDP (2-wire RS-485), as well as Clock/Data protocols. B. All operational parameters for the area controllers, door controllers and the specific card readers shall be completely user configurable. 2.5 FAULT TOLERATE INTELLIGENT CONTROLLER ARCHITECTURE A. The SMS shall support a completely Fault Tolerant Controller Architecture (FTA), a high level of reliability through its automated process of system recovery for access control, alarm monitoring, and output control functionality. The Fault Tolerant Controller Architecture shall provide a Virtual Point Definition network, with integration peer -to -peer and redundant communication. 1. Fault Tolerant Controller DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 15 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 219 of 578 a. The SMS shall support the FAULT TOLERANT (FT) IP-based Intelligent Area Controller. The FT Controllers is an intelligent controller with onboard TCP/IP network connectivity and Fault Tolerant Architecture (FTA) that is designed with a Virtual Point Definition, integrated peer -to- peer and redundant communication. The FTA shall consist of one or more Fault Tolerant Controllers integrated with various Door Interface Modules, such as Dual Door Modules or Single Door Modules, and shall be designed to automatically recover from any communication or controller failure. b. The FT Controller shall provide completely distributed processing based on the local storage of all hardware operating parameters and cardholder record details of the Access Control System that apply to the downstream locally connected Door Interface Modules. The downstream local DIMs shall be interfaced to the FT Controller via TCP/IP Ethernet Network. c. All Cardholder Access Requests from connected Door Interface Modules (DIM) shall be processed by the Area Controller in 0.5 seconds under maximum load conditions, with the maximum number of local DIMs connected to the FT Controller. d. The FT Controller, once configured and downloaded, shall function independently of the Host Server. When on-line with the Host, all events and transactions shall be immediately transmitted to the Host for processing and storage. If communication to the Host Server is lost, all events and transactions will be stored in local memory. When communication between the System File Server and FT Controller is restored, the locally stored events shall be uploaded to the System Server for storing in the System database. e. The Fault Tolerant FT Controller shall have the following operational features: 1) Two onboard 10/100/1000 Ethernet Ports, configurable for redundant single port operation 2) Optional 2nd and 3rd Ethernet Port Configurations 3) Peer -to -peer FT communication 4) Local storage of 18,000 up to 100,000+ Cardholder Records 5) Off-line transaction buffer for 25,000 up to 135,000+ Events 6) Fully Supervised Host Server to FT Controller communication 7) Interface with up to 32 Door Interface Modules 8) Support for up 512 Inputs and 512 Outputs 9) Seven Segment Status Display 10) Support of up to eight card formats and facility codes 11) Support of multiple Card Reader Technologies, including, but not limited to, SmartCard, Proximity, Wiegand, Magnetic Stripe, Bar Code, and various Biometric devices 12) Fed Gov FIPS-201 and TWIC compliant 13) Monitor & Control of up to 64 Card Reader doors f. The Area Controller shall have the following Hardware features: 1) 32-bit ARM Microprocessor 2) FLASH Memory 3) Optional Power over Ethernet (PoE) 4) Battery Backed Local Memory 5) Battery Back Clock Calendar 6) Primary Host communication - 10/100Base-T Ethernet, compliance with IP Server, IP Client, DHCP Client, HTTP, TLS, X.509, SNMP 7) Power requirements: 12 VDC input power, 1.0A DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 16 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 220 of 578 8) Environmental requirements: 0 degrees to 46 degrees C, Operating Temperature 9) 0 — 90 percent Relative Humidity, non -condensing 10) 294 recognized 11) CE compliant 12) FCC part 15 compliant 2. Fault Tolerant Controller Capacities: a. FTC Controller Support: 112 Devices b. Cardholders: 20,000 (standard) — 250,000+ c. History Transactions: 20,000 (standard) — 250,000+ d. Each Cardholder Supports 16 Access Groups e. 1 to 32 DIMs per FT Controller f. Simultaneous Multi Card Format Recognition g. Multiple Site Codes (16) h. 16 to 512 Five -State Inputs Supervision i. 16 to 512 Temperature Monitoring j. 16 to 512 Relay Outputs B. Acceptable Manufacturers a. The Fault Tolerant (FT) Intelligent Controller basis of design: Maxxess Systems, Inc. Maxxess/PCSC FT Controllers w/ dual/single door interface modules. b. Substitutions acceptance pending Engineer's approval. 2.6 DUAL DOOR INTELLIGENT AREA MASTER CONTROLLER A. The Dual Door Intelligent Area Controller shall include a LINUS-based operating system, and provide a local decision making, event reporting, and database storage hardware platform. Two card reader interfaces shall provide control for two doors and capable of supporting up to an additional 62 doors in paired and or alternate reader configurations with peripheral interface devices. B. The controller shall communicate with the host via on -board 10BaseT/100BaseTX Ethernet port, or via USB port (2.0) with optional adapter, and support TLS Encryption as a minimum -security implementation. C. The intelligent controller must be capable of elaborate processes and procedures without host intervention. Once configured, the intelligent controller must function independently of the host, and must be capable of controlling access, managing alarms, interfacing with an array of hardware devices, all while providing the decision -making oversight that each system configuration requires. D. Two physical barriers shall be controlled. Each reader port shall accommodate a card reader that utilizes Wiegand, OSDP, Secure OSDP, magnetic stripe, keypads, biometric devices, F/2F, supervised F/2F, one or two wire LED controls, and buzzer control. E. The Area Controller must support as a minimum, the following open standards; PSIA Area Control, SNMP v3/v2c, OSDP and OSDP SC. F. The Area Controller must utilize a cryptographic module, like OpenSSL FIPS Object Module RE, that is validated to the FIPS 140-2 thus providing a certified implementation of TLS. DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 17 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 221 of 578 G. Technical Specifications 1. Primary Power: 12 to 24 volts of direct current (12-24VDC) plus / minus 10 percent, 500mA maximum 2. Eight inputs unsupervised/supervised, standard EOL: 3. Four output relays, Form C, NO 5A @30 VDC resistive, NC 3A @ 30 VDC resistive. H. Technical Features 1. Connectivity: 10/100 Ethernet, Optional alternate using Micro USD Port 2. Security: a. Host/Controller connection protected by TLS 1.2/1.1 or AES-256/128 b. Controller/IO Expansion connection protected by AES c. Generate and load custom peer certificates for TLS d. Port based network access control using 802.1X e. Crypto memory chip f. FIPS 140-2 user of OpenSSL g. HTTPS protection for installer web pages h. Secure cookies i. SNMPv3/v2c j. DIP switch toggle sets 5 minute time to disable webpage access k. Disable default login credentials I. Authorized IP address filtering m. IP Client Proxy n. Bulk erase controller and periphery devices during replacement o. Strong password enforcement 3. Door Control: a. Two -reader ports: OSDP, Secure OSDP, Wiegand, Clock and Data, b. F/2F, Supervised F/2F c. Eight programmable inputs, four relays, diagnostic LEDs 4. Access Control: a. 240,000 Cardholder capacity b. 50,000 Transaction buffer c. If/Then Macro capability d. Adjustable cardholder capacity e. Supports up to 520 Inputs and 516 Outputs 5. Card Formats: a. Eight active card formats per intelligent controller b. Entire card number reported on invalid read c. 19 digit (64-bit) User ID and 15 digit PIN numbers maximum d. PIV, PIV-II, CAC, TWIC card compatible e. 255 Access Levels per Cardholder f. Activation/Deactivation Date & Times 6. Card Reader Functions: DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 18 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 222 of 578 a. Multiple card format support by reader b. Paired reader support c. Alternate reader support d. Open Supervised Device Protocol (OSDP) and OSDP SC compliant e. Support of multi -occupancy rules f. Anti -pass -back support 1) Area -based, reader -based, or time based 2) Nested area, hard, soft, or timed forgiveness g. Supports host -based approval rules h. Shunt relay support i. Strike follower relay support j. Host controlled OSDP Reader passthrough 7. Database Functions: a. Encrypted Database b. Configurable card database c. Supports up to 19 digital card numbers d. Supports pin codes up to 15 digits e. Programmable card activation and deactivation times and dates f. Card issue code, ADA and VIP flags (up to 32 bits); PIV (75 bits); Smart Card (200 bits) g. Up to 128 access levels per user h. Ability to track people and objects 8. Intrusion Alarm Functions: a. Supports entry delays and exit delays b. Area monitoring c. Standard alarm masking d. Provides control and alarm processing from the keypad I. The dual reader area controller shall be the Maxxess Systems, Inc. eMAX-MP 1502. J. IP-Based dual door interface local controller basis of design: Maxxess Systems, Inc. eMAX- MR62e. K. Substitutions acceptance pending Engineer's approval. 2.7 UNIFIED POWER PANEL A. Combine FlexPower power modules alongside access control hardware in one compact and secure UL listed solution. Unified Power features include: 1. Built in Fire Alarm disconnect unlocks doors upon a fire alarm signal from existing system. 2. Low battery cutoff protects batteries from deep discharge 3. Dedicated fast charger prolongs battery life 4. Enhances surge immunity for input/output protection 5. Network ready module to monitor power supply and remote test batteries. B. Cabinet basis of design: LiefeSafety Power FP075-2D8PE1M. C. Substitutions acceptance pending Engineer's approval. 2.8 RELAY OUTPUT INTERFACE PANEL DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 19 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 223 of 578 A. The Output peripheral interface device shall be used to provide relay outputs to control auxiliary equipment such as locks or to activate alarms. The Output interface panel is dedicated to individual point control, providing 16 general- purpose outputs as Form C Contact Relays. The Output Panel provides individually configurable parameters that can be set for timing and for fail- safe versus fail- secure modes. B. The Output Panel shall communicate to the Area Controller via 2-wire RS-485, at up to 4,000 feet. Communication shall support NIST Certified AES 128/256 Encryption. C. The output control module basis of design: Maxxess Systems, Inc. eMAX-MR16out-S3. D. Substitutions acceptance pending Engineer's approval. 2.9 HARDWARE A. Power: Card reader shall be powered from its associated Controller, including its standby power source. B. Response Time: Card reader shall respond to passage requests by generating a signal that is sent to the Controller. Response time shall be 800 ms or less, from the time the card reader finishes reading the credential card until a response signal is generated. C. Enclosure: Suitable for surface, semi flushes, or pedestal mounting. Mounting types shall additionally be suitable for installation in the following locations: 1. Indoors, controlled environment. 2. Indoors, uncontrolled environment. 3. Outdoors, with built-in heaters or other cold -weather equipment to extend the operating temperature range as needed for operation at the site. D. Display: LED or other type of visual indicator display shall provide visual and audible status indications and user prompts. Indicate power on/off, whether user passage requests have been accepted or rejected, and whether the door is locked or unlocked. E. Readers: 1. Description: The card reader shall read encoded data from the access card and transmit the data back to the DGP, giving an audible and visual indication of an accepted or rejected read. 2. The card reader shall read proximity cards in a range not less than 4 inches from the reader. Card reader shall require both an authorized user card and a PIN code on the keypad to gain access. 3. Mount top of reader at 44" above finished floor. 4. Acceptable Manufacturers: a. HID Signo Series. b. Substitutions acceptance pending Engineer's approval. F. Door Release Switch 1. Description: The release exit switch shall comply with the manual releasing device and sensor device requirements of national building and life safety codes as specified for access - controlled egress doors. DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 20 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 224 of 578 2. Configuration: The switch shall offer a heavy-duty alternative to standard pushbutton egress controls with the following features: a. Integrated pneumatic time delay (PTD) with relock relay. b. Low profile design that extends no more than 5/8 inches from the wall. c. Failsafe mode that releases lock when power to the switch is lost or interrupted. d. Integrated SPST relay rated 26 mA at 24 VDC. 3. Mount top of button max at 44" above finished grade. 4. Basis of Design: ASSA ABLOY EBB 2 5. Substitutions acceptance pending Engineer's approval. G. Request to Exit Sensor: 1. Description: The sensor shall detect motion in its established coverage area and signal the ACP to either unlock a door or shunt door contact associated with coverage door. 2. Configuration: a. For single or double door use. b. Wall and ceiling mountable. c. Operate on 12 or 24 VAC or DC. d. Up to 60-second adjustable latch time. e. Include selectable relay trigger mode. f. Selectable fail safe/fail secure mode of operation. H. Electric Door Strikes: Electric strikes supplied with positive bolt recapture technology allowing door position and door release in a single unit. Basis of design: 1. Surface mounted: ASSA ABLOY 9700 2. Recessed mounted: ASSA ABLOY 1006 3. Substitutions acceptance pending Engineer's approval. I. Electromagnetic Locks: Electromagnetic locks identified on plans are controlled via 0-30 second, adjustable, time delay contact. Contact shall receive signal from audio crash bar. 1. Lifetime replacement warranty. 2. Lock power drops upon Fire Alarm System's general alarm. 3. Magnetic lock releases upon normal power failure (Failsafe mode). 4. Basis of Design: ASSA ABLOY M380E EcoMag Series, or Engineer approved equivalent. J. Door Release Switch: The release exit switch shall comply with the manual releasing device and sensor device requirements of national building and life safety codes as specified for access - controlled egress doors. 1. Configuration: a. Integrated pneumatic time delay (PTD) with relock relay. b. Low profile design that extends no more than 5/8 inches from the wall. c. Failsafe mode that releases lock when power to the switch is lost or interrupted. d. Integrated SPST relay rated 1 Amp @ 12/24 VDC. K. Fingerprint Reader: Wet/Dry Livescan with Graphic User Interface. DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 21 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 225 of 578 1. Ten rolled and/or flat fingerprints 2. IP54 ingress protection rating. 3. Appendix F (FAP 60), UL, FCC, CE, RoHS, REACH, FIPS 201 Certified. 4. Basis of Design: HID Guardian 200, or Engineer approved equivalent. L. Cards: Provide 1000, pre -punched cards. 1. Basis of Design: HID Eik1326 PROXICARD II, or Engineer approved equivalent. M. Card Printer: Printer shall have the capability to print logos, symbols, or text as well as permanent watermark within the printed card's overlay to make duplication virtually impossible 1. Basis of Design: HID DTC1500, or Engineer approved equivalent. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine pathway elements intended for cables. Check raceways, cable trays, and other elements for compliance with space allocations, installation tolerances, hazards to cable installation, and other conditions affecting installation. B. Examine roughing -in for LAN and control cable conduit systems to PCs, Controllers, card readers, and other cable -connected devices to verify actual locations of conduit and back boxes before device installation. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Comply with EIA/TIA-606, "Administration Standard for the Telecommunications Infrastructure of Commercial Buildings." B. Obtain detailed Project planning forms from manufacturer of access -control system; develop custom forms to suit Project. Fill in all data available from Project plans and specifications and publish as Project planning documents for review and approval. 1. Record setup data for control station and workstations. 2. For each Location, record setup of Controller features and access requirements. 3. Propose start and stop times for time zones and holidays, and match up access levels for doors. 4. Set up groups, facility codes, linking, and list inputs and outputs for each Controller. 5. Assign action message names and compose messages. 6. Set up alarms. Establish interlocks between alarms, intruder detection, and video surveillance features. 7. Develop user -defined fields. 8. Develop screen layout formats. 9. Complete system diagnostics and operation verification. 10. Prepare a specific plan for system testing, startup, and demonstration. 11. Develop acceptance test concept and, on approval, develop specifics of the test. 12. Develop cable and asset management system details; input data from construction documents. C. In meetings with Engineer and Owner, present Project planning documents and review, adjust, and prepare final setup documents. Use final documents to set up system software. DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 22 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 226 of 578 3.3 INSTALLATION A. General Requirements: 1. Install system according to NFPA 70, applicable codes, and manufacturer's recommendations, and final shop drawings. 2. Provide necessary interconnections, services and adjustments required for a complete and operable access control system. 3. Provide fastening plates and other incidental items required for complete and operational installation. 4. Install control signal, communications and data transmission line grounding as necessary to preclude ground loops, noise and surges from adversely affecting access control system operation. 5. Verify communication (hardware and software) pathways between headend system and field panels. 6. Push Buttons: Where multiple push buttons are housed within a single switch enclosure, they shall be stacked vertically with each push-button switch labeled with 1/4-inch high text and symbols as required. Push-button switches shall be connected to the Controller associated with the portal to which they are applied, and shall operate the appropriate electric strike, electric bolt, or other facility release device. 7. Install card readers B. Develop, install, and test software and databases for the complete and proper operation of systems involved. Assign software license to Owner. END OF SECTION DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 281000 - 23 ACCESS CONTROL Terminal Security Upgrades AECOM 60734402 Page 227 of 578 PLAN SHEET Page 228 of 578 Page 229 of 578 ANSI D 22"x34" Approved: DBH Checked: GCD Designer: DD Project Management Initials: L E 0 E O O E 0 0 D 0 w J w 0 a) 0 0 a O 0 0 0 0 CY U 0 0 0 E 0 O 0 0 0 w 0 <0 N C NO CVNCV OCn .0 a) N D .. • E E co C 00 CO it IMPROVEMENTS TO THE WATERLOO REGIONAL AIRPORT SHEET INDEX SHEET NUMBER SHEET NAME E001 COVER E002 GENERAL NOTES AND SYMBOLS E100 SITE PLAN - ACCESS CONTROL E101A MAIN FLOOR AREA A - ACCESS CONTROL E101B MAIN FLOOR AREA B - ACCESS CONTROL E102 SECOND FLOOR - ACCESS CONTROL r LOCATION MAP BLACKHAWK COUNTY, IOWA AECOM 501 SYCAMORE STREET, SUITE 222 WATERLOO, IOWA 50703 (319)232-6531 (319)232-0271 (FAX) AECOM 500 S.W. 7TH STREET, SUITE 301 DES MOINES, IOWA 50309-4506 (515)323-7910 (515)244-4803 (FAX) FY 2024 VERTICAL INFRASTRUCTURE PROJECTS TERMINAL SECURITY UPGRADES (ACS) IDOT PROJECT NO. 91240AL0200 WATERLOO, IOWA VICINITY MAP NOT TO SCALE DUNKERTON ROAD AGNER ROAD AIRPORT TERMINATION BUILDING LOCATION WATERLOO REGIONAL AIRPORT w o Q O 0 0 0 0 z 0 Ct 0 0 REVISIONS ISSUED FOR BID 0 z ui a) U a) 0) co 0) a) 4) To E 0 O a) a) L 0 0 0 Cr 0) L U) CO 0 a) 0 N 0 C co 2 0 0 w >, a) C co '' (o a) X a_ a)X a) V) N N `0 0-0 � Q >, 0 L (n Q af5 a QE ro a) > co 0 C 0 a) (1) O U) 03 C 03 N a) 0 a) 03 c ca U) c 0 0 O C V) 0 a) 0 0 l9 0 0 w a) O c co E C 03 c (1) 0 cV) 0 0 w 0 a) 0 a) 0 co 0 4) 0 C a) a) V) 0) C 03 1- z 0 w 0 2 0 a d 03 03 00 c0 'El- O U < H 0 w 0 ce O Ce a MQ� I— coQ cNi J z 0 Z LL W � 0 w O a w Ce w OQ N 0 N LL DATE O O O ce w 09/25/24 PROJECT NO. 60734402 FILE NAME SHEET NO. DRAWING NO. 1 of 6 E001 lit Printed on °�o Post -Consumer W. Recycled Content Paper Page 230 of 578 ANSI D 22"x34" Approved: DBH Checked: GCD Designer: DD Project Management Initials: L E 0 E O 0 E a) -a D -csI 0 w J 0 0 Q a O 0 N U a 0 E 0 O 0 0 U w a) a • o N- 4) N 0 N O • a �E N N N N � N CD O .. 0 . d c J w SYSTEMS SYMBOLS SYMBOL DESCRIPTION m/ (NIC) SECURITY CAMERA (PROVIDED UNDER CCTV UPGRADES CONTRACT) EXISTING SECURITY CAMERA 1-1,‹ ACCESS CONTROL CREDENTIAL READER (HID READER/KEYPAD). DEVICE MOUNTED AT 44" AFF. CR ACCESS CONTROL DOOR CONTACT SWITCH. DC ACCESS CONTROL DOOR ELECTRIC HINGE. EH ACCESS CONTROL DOOR ELECTRIC STRIKE. ES ACCESS CONTROL DOOR HOLD OPEN. HO ACCESS CONTROL DOOR LIMIT SWITCH. LS ACCESS CONTROL DOOR POWER RELAY. PR ACCESS CONTROL DOOR PUSH TO EXIT. PX ACCESS CONTROL DOOR REQUEST TO EXIT. RX ACCESS CONTROL DOOR POSITION SWITCH (STATUS). SS ELECTRICAL GENERAL NOTES: A. ALL ELECTRICAL WORK SHALL BE INSTALLED IN STRICT COMPLIANCE WITH ALL APPLICABLE LOCAL, STATE, AND FEDERAL CODES, PARTICULARLY THE NATIONAL ELECTRICAL CODE (NEC) - NFPA 70. B. CONTRACTOR SHALL PROVIDE ALL EQUIPMENT, CONNECTIONS, TESTING, AND ANY OTHER APPURTENANCES OF THE DOOR ACCESS CONTROL SYSTEM REQUIRED TO ENSURE A COMPLETE AND OPERATIONAL SYSTEM AT THE COMPLETION OF THE PROJECT. C. CONTRACTOR SHALL SEAL ANY/ALL PENETRATIONS TO BUILDINGS AND POLES TO ENSURE WATERPROOFING IS MAINTAINED. D. INFORMATION SHOWN ON THESE DRAWINGS HAVE BEEN OBTAINED FROM FIELD NOTES. THE ELECTRICAL CONTRACTOR SHALL VISIT THE SITE PRIOR TO BIDS AND FIELD VERIFY ITEMS SHOWN. ANY DISCREPANCIES BETWEEN THIS DRAWING AND ACTUAL FIELD CONDITIONS SHALL BE BROUGHT TO THE ATTENTION OF THE ENGINEER/CONTRACTOR PRIOR TO BIDS. E. THIS PROJECT GETS CONSTRUCTED CONCURENTLY WITH TWO OTHER CONTRACTS (SECURITY CAMERA UPGRADES AND SECURED DOOR UPGRADES). THE SUCCESSFUL CONTRACTOR SHALL COODINATE WITH OTHER TRADES FOR PROPER INSTALLATION OF ITEMS. CONSULT THE DRAWINGS OF OTHER TRADES OR CRAFTS TO AVOID CONFLICTS WITH EQUIPMENT OR CAUSE RE -WORK. CONFLICTS SHALL BE RESOLVED PRIOR TO ROUGH -IN. F. LEAVE THE SITE CLEAN AND READY FOR OCCUPANCY, REMOVE DIRT, DEBRIS, EMPTY CARTONS, TOOLS, CONDUIT, WIRE SCRAPS, MISCELLANEOUS SPARE EQUIPMENT, AND MATERIALS USED IN THE DIVISION OF THE WORK DURING CONSTRUCTION. COMPONENTS SHALL BE FREE OF DUST, GRIT AND FOREIGN MATERIALS, LEFT AS NEW BEFORE FINAL ACCEPTANCE OF WORK. VACUUM CONSTRUCTION DUST FROM PANELBOARDS AND JUNCTION BOXES. G. RACEWAY SYSTEMS SHALL BE RUN HORIZONTALLY ALONG THE WALLS OR NEAR STRUCTURAL PLATFORMS, WITH VERTICAL DROPS NEAR CORNERS, UNLESS NOTED OTHERWISE. H. CONTRACTOR SHALL FIELD VERIFY ALL CONDITIONS PRIOR TO BID AND SHALL BE RESPONSIBLE TO DETERMINE ROUTING AND QUANTITIES AS REQUIRED TO MAINTAIN CLEARANCE FOR RACEWAY COVER REMOVAL AND PROVIDE ALL OFFSETS, ETC. TO AVOID EXISTING CONDUITS AND DEVICES. I. THE ELECTRICAL CONTRACTOR SHALL MAINTAIN EXISTING CIRCUIT CONTINUITY ON ALL REMAINING LINE AND LOW - VOLTAGE SYSTEMS, TEMPORARILY OR PERMANENTLY DUE TO CONSTRUCTION PHASING. J. NEUTRAL SHARING IS NOT PERMITTED. K. VOLTAGE DROP SHALL NOT EXCEED 5%. FEEDERS SHOULD BE WITHIN 2% AND BRANCH CIRCUITS WITHIN 3%. CONTRACTOR SHALL PROVIDE CALCULATIONS UPON REQUEST. L. ALL CONDUCTORS SHALL BE COPPER, #12 A.W.G STRANDED, THHN, MINIMUM. M. INSTALL A MAXIMUM OF THREE CIRCUITS PER RACEWAY. N. INSTALL AN INSULATED GROUND WITHIN EACH RACEWAY. GROUND EACH RACEWAY AT EACH BOX. O. MAINTAIN CIRCUIT CONTINUITY OF ALL ADJACENT AREAS TO RENOVATION / NEW CONSTRUCTION. ORIGINAL DESIGN INTENT SHALL BE MAINTAINED THROUGHOUT THESE AREAS. P. FIELD LABEL ALL DISCONNECTS, STARTERS, PANELS, DATA CABLES, FIBER OPTIC CABLES, DATA JACKS, LIGHT SWITCHES, AND RECEPTACLES WITH PERMANENT LABELS INDICATING UNIQUE IDENTIFICATION MARKINGS THAT WILL CLEARLY DEFINE EQUIPMENT SERVED AND ITS SOURCE. Q. WHERE CONDUITS ENTER A CONDITIONED SPACE FROM A NON -CONDITIONED SPACE, CONDUIT SEALS MUST BE INSTALLED AND CONDUIT DRAINS MUST BE INSTALLED AT RACEWAY LOW POINTS. R. THIS IS A STANDARD LEGEND SHEET. SOME SYMBOLS OR ABBREVIATIONS APPEAR ON THIS SHEET AND NOT ON PROJECT DRAWINGS. S. UNLESS OTHERWISE INDICATED, MOUNTING ELEVATIONS ARE CENTERLINE ELEVATIONS. T. DRAWINGS REPRESENT ELECTRICAL DESIGN INTENT. CONTRACTOR SHALL FURNISH, INSTALL, AND SIZE ALL SLEEVES, HOLES, CORES, PATCHING, SLOTS, ANCHORS, BRACKETS, SUPPORTS, JUNCTION BOXES, PULL BOXES, AND OTHER APPURTENANCES NECESSARY TO EXECUTE THE CONTRACT DOCUMENTS COMPLETE. SOME OF THESE ITEMS MAY BE SHOWN ON DRAWINGS FOR CLARITY OR DESIGN REFERENCE. HOWEVER, NOT ALL OF THE ITEMS, NECESSARY FOR COMPLETE EXECUTION AND INSTALLATION, ARE SHOWN. U. THE WORD PROVIDE IS SYNONYMOUS WITH FURNISH AND INSTALL. V. THE WORD DEMOLISH IS SYNONYMOUS WITH REMOVE AND DISPOSE. w Q 0 0 N 0 0 z 0 0 0 REVISIONS ISSUED FOR BID 0 z ui 0 0 c Via) E U 0 c � a) 0 co 0 0 0)� c N a) m o tea) c � 0 > a) o _a a) o • E o � co • co (1) E c cro • E u 0 a) u) a)• ._ • m U C (I) co a 2 c O 0 w• Q a >,U 0 a c c U • 0 x fl- x a) a) O 0- 0 � Q >, O � c c>s o (n o o 0 0 QE a)• co a) Q _ >. o 0 � � 0 E > n3 U t O n3 0 w Q o a m • E • a) co 0 co 0_ • 0 0'- • L m _0 0 u) V) CO U -0 0 c1 Q z ce 0 0) w 0 0 a w V) H c.) W 0 ce a O H © Q J • Z cA 0 0 • Z W U. • H Q Z V W -O - O a ce cc Ce W OQ N O N U. DATE GENERAL NOTES AND SYMBOLS 09/25/24 PROJECT NO. 60734402 FILE NAME SHEET NO. DRAWING NO. 2 of 6 E002 A Printed on °yo Post -Consumer Recycled Content Paper Page 231 of 578 ANSI D 22"x34" Approved: DBH Checked: GCD Designer: DD Project Management Initials: E O E a)O m E N D N LIJ w a) co O 2- Q O 0 N CY U a c a) E U O 0 0 U w a) a 6- CO 4) N 0 N 0 a E N N N N CD a U o co -,7)'� J w LEVERSEE ROAD - 0,-12fIrL . ' W DUNKERTON ROAD WIRELESS RADIO PROPOSED LINE OF SIGHT. W AIRLINE HWY SITE PLAN FOR REMOTE GATES E100 Scale: 1" = 1000'-0" WAGNER ROAD 2 W DUNKERTON ROAD ENLARGED AREA A FOR REMOTE GATES E100 3 Scale: 1" = 200'-0" W BIG ROCK ROAD • ENLARGED AREA B FOR REMOTE GATES E100 4 Scale: 1" = 200'-0" ENLARGED AREA C FOR REMOTE GATES E100 Scale: 1" = 200'-0" KEYED NOTES ( L> ) : 1. PROVIDE A LOW -PROFILE POLE OF ADEQUATE HEIGHT TO GET A LINE OF SITE TO TERMINAL'S ANTENNA ARRAY. CONTRACTOR SHALL SECURE 3 1/2" POLE TO BUILDING ROOF AND BOND THE POLE TO ANY EXISTING LIGHTNING PROTECTION SYSTEM. THIS POLE WILL MOUNT THE 60 GB WIRELESS RADIO IN A SURVEILLANCE CABINET TO CONNECT TO THE TERMINAL'S ACCESS CONTROL SYSTEM. PROVIDE ALL INTERCONNECTS REQUIRED BETWEEN THIS RADIO SYSTEM AND THE DOOR POWER CONTROL CABINET. 2. PROVIDE A PROXY/KEYPAD READER ON EACH SIDE OF THIS EXTERIOR DOOR AND AN ELECTRIC STRIKE. PROVIDE A 2-DOOR CONTROLLER WITH 12V BATTERY BACK-UP IN A CONTROL CABINET LOCATED ABOVE THE CEILING. 3. REVISE THE CONTROL FOR THE EXISTING SLIDING DOOR. REMOVE THE MOTION SENSOR AND PROVIDE A PROXY/KEYPAD READER ON THE INSIDE, A PUSH TO OPERATE (FREE RE-ENTRY) ON THE EXTERIOR, A REMOTE PUSH TO OPERATE AT THE RECEPTION DESK, AND A MAGNETIC LOCK. PROVIDE A 2-DOOR CONTROLLER WITH 12v BATTERY BACK-UP IN A CONTROL CABINET LOCATED ABOVE THE CEILING. SLIDING DOOR SHALL AUTOMATICALLY OPEN UPON VALID CREDENTIALS. 4. REPLACE THE EXISTING CARD READERS WITH A PROXY/KEYPAD READERS FOR MOTORIZED GATE CONTROL. PROVIDE A POLE MOUNTED, NEMA 3R CABINET TO HOUSE THE ACCESS CONTROL BOARD. EXTEND 120 VOLT CONTROL POWER FROM THE EXISTING CAMERA SOURCE. PROVIDE LOW VOLTAGE CABLING, RACEWAY, AND TRENCHING AS REQUIRED. UTILIZE EXISTING SECURITY TRANSCEIVERS TO COMMUNICATE WITH THE TERMINAL ANTENNA ARRAY. 5. PROVIDE PEDESTAL WITH PROXY/KEYPAD READER FOR GATE CONTROL ON EACH SIDE OF MOTORIZED GATE. EXTEND 120 VOLT CONTROL POWER FROM THE GATE SOURCE. PROVIDE LOW VOLTAGE CABLING, CAMERA, RACEWAY, AND TRENCHING AS REQUIRED. THE SECURITY CAMERA UPGRADES CONTRACTOR WILL BE PROVIDING A WIRELESS RADIO TRANSMITTER, RECEIVER, AND POLE AT THESE GATES FOR PROPOSED CAMERA AND COMMUNICATIONS. 6. REPLACE THE EXISTING CARD READERS WITH PROXY/KEYPAD READERS FOR MOTORIZED GATE CONTROL. EXTEND 120 VOLT CONTROL POWER FROM THE GATE SOURCE. PROVIDE LOW VOLTAGE CABLING, RACEWAY, AND TRENCHING AS REQUIRED. THE SECURITY CAMERA UPGRADES CONTRACTOR WILL BE PROVIDING A WIRELESS RADIO TRANSMITTER, RECEIVER, AND POLE AT THESE GATES FOR PROPOSED CAMERA AND COMMUNICATIONS. 7. EXISTING ANTENNAE ON ROOF FOR SECURITY CAMERA WIRELESS COMMUNICATIONS. CONTRACTOR SHALL INSTALL ALL NECESSARY LOW VOLTAGE CABLING AND RACEWAY REQUIRED FROM THIS ANTENNA TO THE SERVER ROOM ON SECOND FLOOR TO FACILITATE WIRELESS COMMUNICATION WITH THE CARD READERS AT THE EXTERIOR GATE LOCATIONS. THE INTENTION IS TO UTILIZE THE SAME ANTENNA SYSTEM THE CAMERA SYSTEM USES. COORDINATE WITH THE SECURITY CAMERA UPGRADES CONTRACTOR. w o Q O 0 0 0 z 0 0 0 REVISIONS ISSUED FOR BID 0 z ui 0 O 0 v;a) a) E U - C -0 a) CO CO CY) t/)' c a) o N E � ° o_a cr)� >g a) E m o m n3 .0 E 3a) Q .� c Cr a) EL u O U O a) u) a)._ • co a) •- To -D U C (I) 2 0 O UO < > a) O a) 0 a) U X x N X a) u) u -) ` n3 O 0-0 -2 Q O � Q _ O O L 2(n a0 0 QE ro a) Q 0 � c co co > O E n3 a)� V) 0n3 0 w Q o u) a) •E tea) ca O co • ( a_ Q c g)) a) L _a ° CCS coCCS -00 to Q U) c.i LLI i 0 © O Q r< Q O) Z 00 WzO Lij Z V W J 2 Q < dW� W Q N 0 N LL DATE SITE PLAN - ACCESS CONTROL 09/25/24 PROJECT NO. 60734402 FILE NAME SHEET NO. DRAWING NO. 3 of 6 E100 lit Printed on % Post -Consumer W. Recycled Content Paper Page 232 of 578 ANSI D 22"x34" Approved: DBH Checked: GCD Designer: DD Project Management Initials: E U E a8i E aa') m m 0 w Lu U 0 0 EL 0 0 a w m E 0 0 0 2 0 U w a) CO CD N C M 0 N N O 0 N Cr) 12 a) a).. 0 0 a � —� J w 8 1 DC LS LS LS KEYED NOTES ( L ) : NIC 1. RENDER PERSONNEL DOOR INOPERABLE. DOOR SHALL BE WELDED SHUT UTILIZING EXTERNAL PLATES WELDED TO DOOR AND JAM. NIC 2. RENDER OVERHEAD DOOR INOPERABLE. THE MOTOR OPERATOR SHALL BE ELECTRICALLY AND PHYSICALLY DISCONNECTED. WELD A STRUCTURAL ANGLE TO THE TOP OF THE DOOR FRAME TO INHIBIT MANUAL DOOR OPERATION 3. CARD READER SHALL INITIATE ADJUSTABLE TIMING RELAY TO CUT POWER TO BAGGAGE BELT (0-20 MINUTES). THIS NORMALLY OPEN CONTACT SHALL BE INSTALLED IN SERIES WITH THE BELT CONTROLLER'S E-STOP BUTTON. 4. DOOR IS LOCATED IN AN ALUMINUM STORE FRONT. EXISTING PROXY/KEYPAD DEVICES WILL REQUIRE LOWERING TO MEET ADA. PATCH EXISTING ROUGH -INS TO MATCH SURROUNDING STORE FRONT. NIC 5. PROVIDE FINISHING PLATE BETWEEN EXISTING BELT MACHINE AND WALL TO INFILL GAP AND MAKE AREA SECURE. 6. MODIFY EXISTING BELT MACHINE KEYED CONTROL SWITCH. REMOVE EXISTING KEY CONTROL AND REPLACE WITH A MOMENTARY CONTACT BUTTON TO STOP THE BELT. MODIFY THE BELT MACHINE CONTROLLER TO ACCEPT THE CONTROL REVISION. 7. REPLACE EXISTING BOARDING GATE CLOSURE WITH CLOSURE EQUIPPED WITH AN INTERNAL HOLD -OPEN FUNCTION. DOOR HOLD OPEN RELEASE SHALL BE CONTROLLED VIA AN ADJUSTABLE TIMING RELAY WITHIN THE ACCESS CONTROL PANEL (0-20 MINUTES). 8. CARD READER SHALL INITIATE ADJUSTABLE TIMING RELAY TO CUT POWER TO THE OVERHEAD DOOR CONTROLLER (0-20 MINUTES). THIS NORMALLY OPEN CONTACT SHALL BE INSTALLED IN SERIES WITH THE BELT CONTROLLER'S E-STOP BUTTON. NIC 9. REPLACE EXISTING HOLLOW METAL DOOR AND FRAME. PROVIDE FOUR HINGED DOOR WITH LOCKING ADA COMPLIANT HARDWARE. PROVIDE SECURITY FEATURES NOTED IN TABLE. PAINT DOOR AND FRAME TO MATCH EXISTING BUILDING. REPLACEMENT DOOR SHALL HAVE NO GLAZING. NIC 10. REPLACE EXISTING SOLID WOOD DOOR ON EXISTING FRAME. PROVIDE THREE HINGED DOOR WITH LOCKING ADA COMPLIANT HARDWARE. PROVIDE SECURITY FEATURES NOTED IN TABLE. FINISH DOOR AND FRAME TO MATCH ADJACENT DOOR. REPLACEMENT DOOR SHALL HAVE NO GLAZING. 4 U S 9 0 0 LS 2 2 DOOR REMOVE PROVIDE NOTES ( # ) MAGNETIC LOCK PROXY/KEYPAD REQUEST TO EXIT ELECTRIC LBSM MAGNETIC LOCK PROXY/KEYPAD REQUEST TO EXIT AUDIO CRASH BAR 1- - 2 J HOLD OPEN RELAY 1 1 2 1 2 1 "2 2 1 2 1 *2 3 1 2 4 X X 1 1 *3 5 1 2 1 "4 6 X X 1 7 2 1 1 *1 8 1 1 1 1 2 9 1 1 1 GATE CONTROL *5 EX. CCTV GATES 1 1 *6 X = NO PREFERENCE *1 Provide adjustable timing relay to cut power to door operator (0-20 minutes). *2 Provide adjustable timing relay to cut power to door hold open (0-20 minutes). *3 Request to exit shall be motion sensor and located above the door jam or a push button on the wall. See plan sheets for intent. *4 Crash bar shall have an internal Piezo alarm and initiate the release of the egress door via MagLock through an adjustable timing relay (0-30 seconds). Piezo alarm on crash bar shall delay sound for 10 seconds upon depressing. Provide signage on door indicating "EMERGENCY EXIT ONLY. ALARM WILL SOUND. PRESS AND HOLD FOR RELEASE" *5 Provide 120V power connected through gate access control and camera POE network switch. Provide wireless radio in pole mounted cabinet. Connect proxy/keypad reader to existing gate controller. *6 Provide access control card in pole mounted, NEMA 3R enclosure. Extend 120V power from the existing camera/wireless radio system. Connect proxy/keypad reader to existing gate controller. SEQUENCE OF OPERATIONS: BAGGAGE BELT • PRESENT CREDENTIALS TO ACTIVATE BELT POWER. CREDENTIALS INCLUDE VALID PROXY CARD AND KEYED CODE ENTRY. • PRESS THE START BUTTON ON THE CONTROLLER INITIATE THE BELT START-UP SEQUENCE. THE BELT WILL OPERATE FOR A PREDETERMINED TIME. ONCE THAT TIME IS EXHAUSTED, THE BELT WILL INITIATE THE BELT SHUT DOWN SEQUENCE. • THE JAM (REVERSING) OPERATIONS WILL BE ACTIVE ONLY DURING BELT OPERATION. • STOP BUTTON SHALL INITIATE THE BELT SHUT -DOWN SEQUENCE. • EMERGENCY STOP MUSHROOM SHALL STOP ALL FUNCTIONS IMMEDIATELY. THE EMERGENCY STOP DOES NOT INITIATE THE BELT SHUT -DOWN SEQUENCE. • THE OPERATION STOP BUTTON, THE EMERGENCY STOP BUTTON, OR THE RUN TIME EXHAUSTS, CREDENTIALS ARE REQUIRED TO RE -INITIATE THE BELT START-UP SEQUENCE. ACCESS CONTROL • ACTIVATE THE CAMERA VIEWING THE DOOR UPON AN INVALID ATTEMPT. • NON -EGRESS DOORS SHALL FAIL SAFE. • EGRESS DOORS (NON SIDA) SHALL RELEASE UPON GENERAL ALARM FROM THE EXISTING FIRE ALARM SYSTEM AND/OR LOSS OF POWER. LS BAGGAGE MAKEUP 126 CR DC CR w LS RR 127 E> OFFICE 1 125 re U ce U E 0 STOR. 2 121 OFFICE 2 120 OFFICE 3 118 1 ES STAIR 1 107 STAIR 113 UNDEVEOPED 114 / VEST. 112 =-1 DC STOR. 110 J r STOR.1 124 122 BELTLINE B 115 TSA SUPER. OFFICE EXT. STORAGE 131 r ( 3 ) 9 Lc_ w CR SIDA LINE CR 1 cc U CC U 4 CR EXIT CORR. 132 ATO 2 119 TSA BREAKROOM JAN. ROOM 123 141 STOR. 3 117 5 CC 6 BOARDING CORR. W 142 SECURE LINE VENDING ARCADE 134 STAIR 133 0 I • I HALL 111 109 ROOM 108 J (1 CR CR STAIR 106 U ES 0 MAIN FLOOR AREA A - ACCESS CONTROL E101A Scale: 1/8" = 1'-0" EL. 1) 104 4 WAIT. 103 0) DC 0) w CR DC =I Ix L CR w• — DC1 CR 4 r CR SCALED DOCUMENTS FULL-SIZED DOCUMENTS ARE SCALED FOR ANSI D (22" X 34") SHEET SIZE. WHEN PRINTED ON TABLOID (11" X 17"), DRAWING SCALE IS ASSUMED TO BE HALF THE SCALE SHOWN. 0 2' 4' 8' 16' 24' SCALE: 1/8" = 1'-0" 5 0 0 ES CR DC SECURE LINE 169 JAN 70 r VEST. 101 DC AREA A KEYPLAN NTS 1 AREA B r N w N a 0 0 N N O 2 O 0 O CC O 0 REVISIONS 0 D_ 0 LL 0 w co co 0 z O .N • m m E ) • LS ma) as as rnN C a) -C > E C • a) a) .S E (a C N 0 > a) o -0 rnN E co co o N E o co m 2 E mQ .5 c cro m E ca c) c -c) a) •.N -c)• U C cc) .6 2 c O ho w • o N U co ? cu ._ rn 3 ns e au)) c.)L x Q- m ax) vi v) 0 0-0W t-5 o O s eL a) � ciE L co o LE �w o -0 0 m 0- o C ca > o E m > C O co 0 m -c U rn . O ca w a C ca o y'c -= oICS eL o eL fi co 40 -C 0 .ins -0O u)0 LEQ Z 0 L 0 a a H U 0 • OI— aN0 ce Q Q ▪ N • Z O ce • Z W L L ~ Q W O - O U a W W• O< > N O N U_ DATE 0 O 0 ce MAIN FLOOR AREA A - ACCESS CONTROL 11/27/24 PROJECT NO. 60734402 FILE NAME SHEET NO. DRAWING NO. 4 of 6 E101A lit Printed on °�o Post -Consumer Recycled Content Paper Page 233 of 578 ANSI D 22"x34" Approved: DBH Checked: GCD Designer: DD Project Management Initials: L 0 0 a E a) 0 a) 0 w Lu U a) 0 0 Q a 0 0 0 N U 0 a� E U 0 0 0 0 w 0 <0 N C NO �0 E N o a) N N N D U o � d m c J it SECURE LINE 4 U ES 0 WOMEN 169 r R.R. 168 MEN 167 J 1 JAN 170 STAIR 166 LD DC 1 0 UIU ES U 0 4 SIDA LINE BOARDING CORR. E 143 HOLDING AREA 136 E> DC DC CONCOURSE 135 ROOM 165 ROOM 158 ROOM 163 STAIR 162 TRASH 161 MAIN FLOOR AREA B- ACCESS CONTROL E101B Scale: 1/8" = 1'-0" 0 SECURE LINE 4 L) U ES 01 SECURITY OFFICE 141 R.R. 138 LJL R.R. 139 J 1 R ES U 0 DC ROOM CR U 0 STOR. 140 HERTZ / OFFICE A 156 / 157 AVIS / OFFICE B 154 / 155 RENTAL C / OFFICE C 152 / 153 RECEIVING 168 DC co w CR CR 4 1 U ES U 0 HO r 1 WAITING BAG OFFICE 144 ce DC w 148 DC L L U CR w r— �3> a CR J BAGGAGE CLAIM 146 J 0 ES L 1 DC CR 4 STAIR! 147 VEST. 149 DC r KEYED NOTES ( < ) : NIC 1. RENDER PERSONNEL DOOR INOPERABLE. DOOR SHALL BE WELDED SHUT UTILIZING EXTERNAL PLATES WELDED TO DOOR AND JAM. 2. PROVIDE DOOR CONTACTS/STATUS SWITCHES ON THE EXISTING POCKET DOORS. THE DOOR CONTROL SYSTEM WILL BE ALERTED IF EITHER OF THE SWITCHES ARE NOT ENGAGED WITHIN 30 SECONDS OF EACH OTHER. 3. CARD READER SHALL INITIATE ADJUSTABLE TIMING RELAY TO CUT POWER TO BAGGAGE BELT (0-20 MINUTES). THIS NORMALLY OPEN CONTACT SHALL BE INSTALLED IN SERIES WITH THE BELT CONTROLLER'S E-STOP BUTTON. 4. DOOR IS LOCATED IN AN ALUMINUM STORE FRONT. EXISTING PROXY/KEYPAD DEVICES WILL REQUIRE LOWERING TO MEET ADA. PATCH EXISTING ROUGH -INS TO MATCH SURROUNDING STORE FRONT. NIC 5. PROVIDE STEEL DOOR/FRAME WITHIN EXISTING BLOCK WALL. PRE- EXISTING DOOR WAS BLOCKED IN. CONTRACTOR SHALL REMOVE BLOCK AND INSTALL A 3/0 6/8 DOOR AND KEYED HARDWARE IN ADDITION TO THE ACCESS CONTROL HARDWARE. CONTRACTOR SHALL FINISH THE FRAMED OPENING TO MATCH SURROUNDING SURFACES. FINISH TO MATCH EXISTING, REMOVED DOOR. NIC 6. PROVIDE A HOLLOW METAL DOOR/FRAME WITHIN EXISTING OPENING. EXISTING OPENING SIZE IS ROUGHLY 44 3/4" WIDE AND 84 1/2" TALL. PROVIDE A 3/0 6/8 DOOR AND KEYED HARDWARE IN ADDITION TO THE ACCESS CONTROL HARDWARE. CONTRACTOR SHALL FINISH THE FRAMED OPENING TO MATCH SURROUNDING SURFACES. PAINT TO MATCH. DOOR REMOVE PROVIDE NOTES # J MAGNETIC LOCK PROXY/KEYPAD REQUEST TO EXIT ELECTRIC LBSM MAGNETIC LOCK PROXY/KEYPAD REQUEST TO EXIT AUDIO CRASH BAR LIMIT SWITCH HOLD OPEN RELAY 1 1 2 1 2 1 *2 2 1 2 1 *2 3 1 2 4 X X 1 1 *3 5 1 2 1 *4 6 X X 1 7 2 1 1 *1 8 1 1 1 1 2 9 1 1 1 GATE CONTROL *5 EX. CCTV GATES 1 1 *6 X = NO PREFERENCE *1 Provide adjustable timing relay to cut power to door operator (0-20 minutes). *2 Provide adjustable timing relay to cut power to door hold open (0-20 minutes). *3 Request to exit shall be motion sensor and located above the door jam or a push button on the wall. See plan sheets for intent. *4 Crash bar shall have an internal Piezo alarm and initiate the release of the egress door via MagLock through an adjustable timing relay (0-30 seconds). Piezo alarm on crash bar shall delay sound for 10 seconds upon depressing. Provide signage on door indicating "EMERGENCY EXIT ONLY. ALARM WILL SOUND. PRESS AND HOLD FOR RELEASE" *5 Provide 120V power connected through gate access control and camera POE network switch. Provide wireless radio in pole mounted cabinet. Connect proxy/keypad reader to existing gate controller. *6 Provide access control card in pole mounted, NEMA 3R enclosure. Extend 120V power from the existing camera/wireless radio system. Connect proxy/keypad reader to existing gate controller. SEQUENCE OF OPERATIONS: BAGGAGE BELT • PRESENT CREDENTIALS TO ACTIVATE BELT POWER. CREDENTIALS INCLUDE VALID PROXY CARD AND KEYED CODE ENTRY. • PRESS THE START BUTTON ON THE CONTROLLER INITIATE THE BELT START-UP SEQUENCE. THE BELT WILL OPERATE FOR A PREDETERMINED TIME. ONCE THAT TIME IS EXHAUSTED, THE BELT WILL INITIATE THE BELT SHUT DOWN SEQUENCE. • THE JAM (REVERSING) OPERATIONS WILL BE ACTIVE ONLY DURING BELT OPERATION. • STOP BUTTON SHALL INITIATE THE BELT SHUT -DOWN SEQUENCE. • EMERGENCY STOP MUSHROOM SHALL STOP ALL FUNCTIONS IMMEDIATELY. THE EMERGENCY STOP DOES NOT INITIATE THE BELT SHUT -DOWN SEQUENCE. • THE OPERATION STOP BUTTON, THE EMERGENCY STOP BUTTON, OR THE RUN TIME EXHAUSTS, CREDENTIALS ARE REQUIRED TO RE -INITIATE THE BELT START-UP SEQUENCE. ACCESS CONTROL • ACTIVATE THE CAMERA VIEWING THE DOOR UPON AN INVALID ATTEMPT. • NON -EGRESS DOORS SHALL FAIL SAFE. • EGRESS DOORS (NON SIDA) SHALL RELEASE UPON GENERAL ALARM FROM THE EXISTING FIRE ALARM SYSTEM AND/OR LOSS OF POWER. SCALED DOCUMENTS FULL-SIZED DOCUMENTS ARE SCALED FOR ANSI D (22" X 34") SHEET SIZE. WHEN PRINTED ON TABLOID (11" X 17"), DRAWING SCALE IS ASSUMED TO BE HALF THE SCALE SHOWN. 0 2' 4' 8' SCALE: 1/8" = 1'-0" 16' 24' AREA A KEYPLAN NTS AREA B r w Q 0 0 0 U 2 0 0 z 0 D' 0 0 REVISIONS ISSUED FOR BID 0 z z ce 0 0) w 0 2 0 a d V) H c.) W 0 ce o_ O ceQ� �a � J Z cj O Z (� 1— W U. W cc O ce w oa N O N IL DATE MAIN FLOOR AREA B - ACCESS CONTROL 11 /27/24 PROJECT NO. 60734402 FILE NAME SHEET NO. 5 of 6 DRAWING NO. E101B DC lit Printed on % Post -Consumer W. Recycled Content Paper Page 234 of 578 ANSI D 22"x34" Approved: DBH Checked: GCD Designer: DD Project Management Initials: L 0 E O 0 E c 0 as N U w J w a) co 0 a O 0 0 N CY U 0 E 0 O 0 0 U w 0 Q • o N C N O � 0 • E N N CD a) N 73 E a) N D U o � d m CO w STAIR 113 1 FAA OFFICE i 211 1 FAA OFFICE 212 J TSA DIR. OFFICE 207 HALL 210 WOMEN JAN.N A 206 214 213 MEN 215 EXISTING CAMERA SERVER (SALIENT LOCATION) r OFFICE 205 STAIR ,r SECOND FLOOR — ACCESS CONTROL E102 Scale: 1/8" = 1'-0" ELEV. 104 WORK ROOM 204 RECEP. 203 WAIT 201 KEYED NOTES ( X ). NIC 1. REMOVE THE EXISTING CIPHER LOCKSET FROM DOOR AND REPLACE WITH A CLASSROOM STYLE LEVER LOCKSET KEYED TO MATCH THE AIRPORT'S MASTER KEY. NIC 2. PROVIDE A 19" SERVER RACK, PANDUIT XGL 42U, OR EQUIVALENT. RELOCATE THE EXISTING SECURITY CAMERA SERVER (SALIENT) AND ASSOCIATED UPS TO FROM WORK ROOM 204 TO THIS ROOM. REWORK ANY/ALL CABLING REQUIRED. PROVIDE HORIZONTAL AND VERTICAL CABLE MANAGEMENT WITHIN THE RACK. PROVIDE A DEDICATED, 20 AMP, 120 VOLT CIRCUIT TO A POWER DISTRIBUTION UNIT (PDU) WITHIN THE RACK. NIC MEETING 216 SCALED DOCUMENTS FULL-SIZED DOCUMENTS ARE SCALED FOR ANSI D (22" X 34") SHEET SIZE. WHEN PRINTED ON TABLOID (11" X 17"), DRAWING SCALE IS ASSUMED TO BE HALF THE SCALE SHOWN. 3. PROPOSED LOCATION OF WALL MOUNTED ACCESS CONTROL PANEL. PROVIDE A DEDICATED 20 AMP, 120 VOLT CIRCUIT TO SERVE THE SYSTEM. 4. DEMOLISH CARPET WITHIN THIS ROOM. PROVIDE 4'X8' SHEET OF FIRE RATED PLYWOOD ON THE NORTH WALL TO MOUNT DOOR ACCESS CONTROL PANEL. 5. PROVIDE WORKSTATION EQUIPMENT SUFFICIENT TO OPERATE THE ACCESS CONTROL AND VIDEO SURVEILLANCE SOFTWARE. EQUIPMENT SHALL INCLUDE, BUT NOT LIMITED TO A COMPUTER, TWO (2) 36" WALL MOUNTED LED MONITORS WITH MOUNTING BRACKETS, CAMERA FOR BADGE PHOTOS, AND POWER RECEPTACLES FOR EQUIPMENT ABOVE PLUS THE FINGER PRINT SCANNER, PROXY/KEYPAD READER FOR BADGE VERIFICATION, AND BADGE PRINTER. FURNITURE NOT IN CONTRACT. SECOND FLOOR 0 2' 4' 8' 16' 24' KEYPLAN NTS SCALE: 1/8" = 1'-0" 1 w o Q O 0 0 0 2 0 z 0 0 0 REVISIONS ISSUED FOR BID 0 z u 0 0 c Vi N a) E U '5 C -o a) 0 co co 0) ri c a) a) O CO c � FD N O O a) O _a a) E u O • N o m -oQ c Cr a) E u O O C � a) .u) •co a) To C U CO a 2 O o UO < >, 0 o 0 U 0 a) a�a? n3 U N X x X U N 'eaO Q- 0 -2 Q >, § c L (n O o0 0 QE a)>, O � c n3 co E -0 0• 0 0• .0 V) O n3 0 w c Q o 0 a) •c te• a) - ca 0 22 cou) 0_ o cg)) a) L .0 0 _C fl- 0) U '� t4 -0O u)U _cQ V) H W 0 • © a N Ce O • Q� ©O Q < ✓ N J Q • O) Z • 00 Q z(79O U. W J O Q < W oa N 0 N U. DATE SECOND FLOOR - ACCESS CONTROL 11/27/24 PROJECT NO. 60734402 FILE NAME SHEET NO. DRAWING NO. 6 of 6 E102 lit Printed on % Post -Consumer W. Recycled Content Paper Page 235 of 578 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 January 6, 2025 AGENDA ITEM TITLE Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin -home unit valued at $250,000.00, for property located at 4142 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 4142 Page 236 of 578 ATTACHMENTS 1. 4142 Omaha Ave CLURA Form 2. 4142 Omaha Ave CLURA Map Page 237 of 578 For Office Use Only ReReceived: Received by: Staff to make a copy for applicant 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 I't 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 Planning and Zoning Department for more information. Please fill out the following infomtation for your application to be submitted to the City Council. NAME: Robson Homes Inc SIGNATURE: ADDRESS: 3315W0ams Blvd SW Ste 2 4/329 Cedar Rap.de. IA 52404 EMAIL: TELEPHONE: (3t9t845-406a 7�y /e-9Aa-er1, Robsodwmes95 gg ma l.com DATE: 12110/2024 A. What is the Address of the property being improved? 4142 Omaha Are Waterloo LA 50702 What is the Legal Description of the property? (May be available at County Recorder's Office on god floor of the Courthouse) Prairie Meadow Estates A Condominium Unit 4142 B. Indicate desired exemption schedule: (1 or 2) 1.0 One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. O A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% b. Second Year 70% e. Third Year 60% d. Fourth Year 50% e. Fifth Year 40% £ Sixth Year 40% g. Seventh Year 30% h. Eighth Year 30% i. Ninth Ycar 20% j. 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)? New Construction D. What was the cost of the new construction? 5250.000 E. Estimated or actual date of completion of this new construction? 1211012024 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Ofice for criteria eligibility. DO NOT Write Below this line — Office Use Only F. City of Waterloo Building and Inspections Department Information: r1 Permit Number: WA 01 ? 77 Date permit was issued: 032 %'L(/'L.ON Total permit(s) valuation: lO0l o 00 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: I BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 238 of 578 DARBYDR GRINDSTONE CIR OMAHAAVE GRINDSTONE CIR- 4142 Omaha Ave. MOURNING DOVE DR MOURNING DOVE DR Esri Community Maps Contribut rs, Iowa DNR, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGrah, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, 9SDA, USFWS, Sources: Esri, Airbus DS, USGS, N_GA_NASA C IAR,NLRnhinson ,_N_C LS,-OS, Nnno Geodatast it, GSA, Geoland, FEMA, Intermap and the GIS user comr Page 23,,`5t 578 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 January 6, 2025 AGENDA ITEM TITLE Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin -home unit valued at $200,000.00, for property located at 4143 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 4143 Page 240 of 578 ATTACHMENTS 1. 4143 Omaha Ave CLURA Form 2. 4143 Omaha Ave CLURA Map Page 241 of 578 war u`.Ir%o 0 For OfficeUse Onlly Date Received:P-1W IN Received by: A-f— Staff to make a copy for applicant 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 Conununity 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 151 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 Manning and Zoning Department for more information. Please fill out the following information for your application to be submitted to the City Counci]. NAME: ADDRESS: Robson Hanes Inc 3315 Mena Blvd SW Sle 2 fl329 Cedar Rapids, LA 52404 TELEPHONE: (319) 8454063 SIGNATURE: EMAIL: DATE: Robsaniomes9541gma7.com 1211012024 A. What is the Address of the property being improved? 4143 Omaha Ave Walenoo LA 50702 What is the Legal Description of the property? (May be available at County Recorder's Office on 2°d floor of the Courthouse) Prairie Meadow Estates A Condominium Unit 4143 B. indicate desired exemption schedule: (1 or 2) 1. C' One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. O A partial exemption an 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% g. Seventh Year 30% e. Fifth Year 40% h. Eighth Year 30% f. Sixth Year 40% i. Ninth Year 20% 20% j. Tenth Year Note: Residentially assessed properties receiving the CLURA tax abatement incentive will not receive lax 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)? New Construction D. What was the cost of the new construction? $200•000 E. Estimated or actual dale of completion of this new construction? 12non024 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: VIA 02.36 Dale permit was issued: O ,/ 2t ITotal permit(s) valuation: tOOr OOO CITY OF WATERLOO APPROVED DENIED I BLACK HAWK COUNTYASSESSOR DATED: RESOLUTION NO: APPROVED DATED: DENIED T.J. Koenigsfeld Black Hawk County Assessor Page 242 of 578 G) z 0 0 z 0 To GRINDSTONE CIR MOURNING DOVE DR GRINDSTONE CIR— MOURNING DOVE DR [4143 Omaha Ave. Esri Community Maps Contributors, Iowa DNR, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, IISDA, USFWS, Sources: Esri, Airbus DS, USGS, N(A NASA C(IAR N RohLp Dn, NCEAS, NI S,_OS,N_M4 ondatast at, GSA, Geoland, FEMA, Intermap and the GIS user comr Para 24 -751 'j78 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 January 6, 2025 AGENDA ITEM TITLE Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin -home unit valued at $200,000.00, for property located at 4144 Omaha Avenue and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION 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 4144 Page 244 of 578 ATTACHMENTS 1. 4144 Omaha Ave CLURA Form 2. 4144 Omaha Ave CLURA Map Page 245 of 578 For Office Use Only Date Received: 2.110(tO Received by: Staff to make a copy for applicant 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 ]tome 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 Comtnunity Planning & Development Department.) 2. Any such day care facilities nest be registered with the State of Iowa for day care use. 3. This application must be filed with City prior to the I,t 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 Planning and Zoning Department for more information. Please fill out the following information for your application to be submitted to the City Council. NAME: Robson Homes Inc SIGNATURE: ADDRESS: 3315 w.nams Blvd SW Ste 2 4329 Cedar Rapids, IA 52404 EMAIL: TELEPHONE: OW 545-44063 aey/964 V Robsonhome s95ggma].corn DATE: 1211Uk024 A. What is the Address of the property being improved? 4144 Omaha Ave Wa:edeo IA 50702 What is the Legal Descriprioir of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) Prairie Meadow Estates A Condominium Unit 4144 B. Indicate desired exemption schedule: (1 or 2) 1. a 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% g. Seventh Year 30% e. Fifth Year 40% h. Eighth Year 30% f. Sixth Year 40% i, Ninth Year 20% 20% j. Tenth Year 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)? New Construction D. What was the cost of the new construction? 5200,000 E. Estimated or actual date of completion of this new construction? 12110/2024 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: 11UA (] i 7 7 5 Date permit was issued: Q ?,11.4 Total permit(s) valuation: t OOf 000 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 246 of 578 z 0 0 z rn c> To MOURNING DOVE DR GRINDSTONE CIR OMAHAAVE MOURNING DOVE DR GRINDSTONE CIR- 4144 Omaha Ave. Esri Community Maps Contribut rs, Iowa DNR, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGrah, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, 9SDA, USFWS, Sources: Esri, Airbus DS, USGS, N_GA_NASA C IAR,NLRnhinson ,_N_C LS,-QS, Nnno Geodatast it, GSA, Geoland, FEMA, Intermap and the GIS user comr Page 247 of 6/8 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 January 6, 2025 AGENDA ITEM TITLE Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin -home unit valued at $250,000.00, for property located at 4145 Omaha Avenue and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION 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 4145 Page 248 of 578 ATTACHMENTS 1. 4145 Omaha Ave CLURA Form 2. 4145 Omaha Ave CLURA Map Page 249 of 578 0p wa7.f ¢c te11,1,11 .111,111 r — � ry • O For Office Use Only Date Received: (O/V 4 Received by: Staff to make a copy for applicant 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 ally additions or major renovations for utilizing a residential home for children daycare center provided that they meet the following criteria: I. Be located within the CLURA boundaries (a map of which can be obtained fiom 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 1a working day of February following the year when the Mmrovements 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 Planning and Zoning Department for more information. Please fill out the following information for your application to be submitted to the City Council. NAME: Robson flames Inc SIGNATURE: ADDRESS: 3315W.0 msetwswste2532scedarRapids, IA52404 EMAIL: TELEPHONE: t310) 845-4053 DATE: 12/10/2024 A. What is the Address of the property being improved? 4145 Omaha Aoea Waterloo IA 50702 What is the Legal Description of the property? (May be available at County Recorder's Office on 2" d floor of the Courthouse) Prairie Meadow Estates A Condominium Unit 4145 B. Indicate desired exemption schedule: (1 or 2) 1.0 One Hundred Percent (100%) exemption for Three years on the actual value added by improvements; 2. .0—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% j• g. Seventh Year 30% h, Eighth Year 30% i. Ninth Year 20% 20% Tenth Year 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 saxes effective July 1, 2024. C. What was the nature of the improvement(s)? New Construction D. What was the cost of the new construction? $250,000 E. Estimated or actual date of completion of this new construction? 12/1a12o24 Note: City Council approval does not guarantee tax exemptions. The application must he 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: �I%4 01.304 Date permit was issued: 031 U (v7W Total permit(s) valuation: 104000 I CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.T. Koenigsfeld Black Hawk County Assessor Page 250 of 578 G) z 0 0 z 0 To MOURNING DOVE DR GRINDSTONE CIR- GRINDSTONE CIR MOURNING DOVE DR 4145 Omaha Ave. Esri Community Maps Contributors, Iowa DNR, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, IISDA, USFWS, Sources: Esri, Airbus DS, USGS, N(A NASA C(IAR N RohLp Dn, NCEAS, NI S,_OS,N_M4 ondatast at, GSA, Geoland, FEMA, Intermap and the GIS user comr Pao,. 25177+ 5�u 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 January 6, 2025 AGENDA ITEM TITLE Resolution approving the request by Babic Properties LLC., for tax exemptions on the construction of a new single-family unit valued at $400,500.00, for property located at 110 Kestrel Circle 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 Audubon Hills First Addition Lot 14 Page 252 of 578 ATTACHMENTS 1. 110 Kestrel Cir CLURA Form 2. 110 Kestrel Cir CLURA Map Page 253 of 578 z 0�. O g 0> "' on IP 0 a N •' � •• F ux E 8 —1 0 C U -0 E ia a. n an b as 0 ono E z -6 0 0 3 o 0Pi ao ,v4-4 .,., O an§ o W 0 c 5 3ti-o CD V1 1-4c� E w oEb Z O an O U ,,Y ca to �� O 0�..� �7] U O gyN tc%" E O .° 0' �" w 18 H 0 •411 0 C 8 LL a"i cp i-+' 0 zoo �4��0� t. o a W0pw 0.'w 0 O o � 0 O0 O GOra EA aL 3U aOiU Z O 8~ _, C 4„, N 0 -45' °I'd : w o Id E y i. c+- 4, >, Fr Fr (/) 0 �)U U,........ o v ai aFi H p EFa o 4. L. 0 •E 0 �n O �� d> o o �,�+' O 0 W W 0 : E atii 0�"� � y � a) a, n� 0 0 W 0 C A 0 E G O p4 ra 0 Ed a) O O O O A-, H Q 4 'o -0 -O p. 'o _U 0 P. 03 �L; 11 d 0L4 U ,-a w u. i Opar U' ati=a3QH ', 0.AA 4) a) i. ("+ -0 U .--1 N M d' Please fill out the following information for your application to be submitted to the City Council SIGNATURE: ts) ADDRESS: TELEPHONE: A. What is the Address of the property being improved? d exemption schedule: (1 or a5i 0 0 0 o an E .0 'C3 w N cat o 0 an OU a O 0 <0 0 0 4) L La 0 a) '+, E Ts E o O o � o 0 - o o 0 .O 0Q. 2 x 7 0 0< N o 0 0 0 0 to M N N cat t- cal 41 4 Seventh Year gar 0 0 0 0 44, o 0 ca 4) euu cu 4d 4) a� 0 0 0 0 0 3 4-, 0 0 .0 0 U 0 ,E R. C U a) E cal 0 onN � a) p U 6.) O ti 4) 0 0a) a4) V7 V rC a) •O .. yU_ ") z'ElN U D. What was the cost of the new construction? E. Estimated or actual date of completion of this new construction? be reviewed and approved by the Black 0. cat a) H O 0' x — O X g N 0 0 ) a to w o o en E 00 o 0.1 L � a) 0 'U U Six z DO NOT Write Below this line — Office Use Only F. City of Waterloo Building and Inspections Department Information: Total permit(s) valuation: Date permit was issued: CITY OF WATERLOO RESOLUTION NO: APPROVED BLACK HAWK COUNTY ASSESSOR 0 cn N Gn "0 o U •b0 cat n U x 0 U ti ro H � 124 Page 254 of 578 45 90 180 Esri Community Maps Contributo s, Iowa DNR, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGra h, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Censu! Bureau, U DA, USFWS, Sources: Esri, Airbus DS, USGS, on NGA, NASA CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatasty 270 Feet t, GSA, Geoland, FEMA, Intermap and the GIS user com Page 255 7 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 January 6, 2025 AGENDA ITEM TITLE Resolution approving the request by Andrew and Christa Miehe, for tax exemptions on the construction of a new single-family home valued at $950,000.00, for property located at 133 Kimberly Lane 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 NA ALTERNATIVE ACTION LEGAL DESCRIPTION Magnolia Hills Lot 2 Page 256 of 578 ATTACHMENTS 1. 133 Kimberly Ln CLURA Form 2. 133 Kimberly Ln CLURA Map Page 257 of 578 Date Received: Received by: L S r Staff to make a copy for applicant 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: I. 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 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 Planning and Zoning Department for more information. Please fill out the following information for your application to be submitted to the City Council. NAME: i h ADDRESS: l J� r;mbert L EMAIL: TELEPHONE: Ti/J. ere, / • % 0 DATE: / / -/12-- Q/4::7 A. What is the Address of the property being improved? �` f "'TTT !j What is the Legal Description of the property? (May be available at County Recordt'ed Office on 2nd floor of the Courthouse) rr3 _40+ 7— -7iehe��m B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% b. Second Year70% c. Third Year 60% d. Fourth Year 50% e. Fifth Year 40% f. Sixth Year 40% g. Seventh Year 30% h. Eighth Year 30% i. Ninth Year 20% j. 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 na a ofthe i provement( )h ` s (/L-c h Dm . y S) rnl1° - scrim).1 D. What was the cost of the new construction?qs_o) DOC) E. Estimated or actual date of completion of this new construction? 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: IAJ4-CCAOLi Date permit was issued: 416 6 0.7.4q Total permit(s) valuation:5)O') CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: DENIED T.J. Koenigsfeld Black Hawk County Assessor Cam,,'! Page 258 of 578 Z 0 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. 133 Kimberly Ln WE 0 30 60 120 180 Feet C) • • • • •` •` •` • • 259 of 578 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 January 6, 2025 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Municipal Pipe Tool Co., of Hudson, IA, in the amount of $56,745.60, in conjunction with the FY 2023 CIP Pipelining Phase IVA3 Project, Contract No. 1063, and receive and file a two- year maintenance bond. RECOMMENDED COUNCIL ACTION Approve Completion of project FY 2023 Pipelining Phase IVA2 SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Municipal Pipe Tool Co, LLc of Hudson, IA in the amount of $56,746.50, in conjunction with the FY 2023 COP Pipelining Phase IVA3 Project, Contract No. 1063, and receive and file a two- year maintenance bond. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 260 of 578 ATTACHMENTS 1. 20241202 - 1063 Wat CIPP PH IVA3 - PE No 11 FINAL Page 261 of 578 AECOM December 2, 2024 Mr. Jesse Gaherty Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa 50702 Subject: FY 2023 CIP Pipelining Phase IVA3 Pay Application No. 11 - FINAL City of Waterloo, Iowa City Contract No. 1063 AECOM #60682318 Dear Mr. Gaherty: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax Attached is FINAL Pay Application No. 11 submitted by Municipal Pipe Tool Co., LLC, for the FY 2023 CIP Pipelining Phase IVA3 project. This Pay Estimate covers the work completed from August 16, 2024 to August 28, 2024. The project is 100% complete. Final quantities were received from the contractor on November 26, 2024 AECOM recommends the City of Waterloo pay Municipal Pipe Tool Co., LLC, for FINAL Pay Estimate No. 11 in the amount of $2,250.00 and release the retainage in the amount of $54,246.50 for a total of $56,746.50. Pa v Est. No. 11 Work This Period $ 2,250.00 Stored Material This Period $ - Retainage This Period 5% $ - Payment This Period $ 2,250.00 Project to Date: Contract Work $ 1,072,180.01 Total Payment Requested $ 1,072,180.01 Total Retainage Release $ 54,246.50 Total Stored Material Costs $ - Completed Work to Date $ 1,072,180.01 Remaining Work to Date $ - Percent Complete 100.00% SRF TOTAL $ 1,061,998.01 NON-SRF TOTAL $ 10,182.00 PROJECT TOTAL $ 1,072,180.01 Sincerely, Christopher G. Oelkers, PE Enclosure: Pay Estimate Tabulation Completion Statement, Lien Waivers (2), Maintenance Bond L:\DCS\Projects\WTR\60682318_CIPP_Ph_IVA3\600_Construction_Support\650_Pay_Applications\PE No. 11\1063 Wat CIPP PH IVA3 - PE No 11.docx Page 262 of 578 PAY APPLICATION FOR CITY CONTRACT NO. 1063 FY 2023 CIP PIPELINING PHASE IVA3 .4=COM CITY OF WATERLOO WATERLOO, IOWA AECOM Project No. 60682318 Period Ending : 11/26/24 Estimate No.: 11 Contractor: Municipal Pipe Tool Co. LLC NO. DESCRIPTION UNIT UNIT PRICE CONTRACT PROJECT TOTAL TO DATE CURRENT PERIOD % COMP TOTAL QUANTITY AMOUNT INSTALLED QUANTITY TOTAL INSTALLED QUANTITY AMOUNT SRF WORK BASE BID - SA 19 1 8" Diameter CIP Pipe Lining LF I $ 24.50 17,189.20 $ 421,135.40 17,189.20 $ 421,135.40 $ - 100.00% 2 10" Diameter CIP Pipe Lining LF $ 29.50 2,838.00 $ 83,721.00 2,838.00 $ 83,721.00 $ - 100.00% 3 12" Diameter CIP Pipe Lining LF $ 44.00 1,633.00 $ 71,852.00 1,633.00 $ 71,852.00 $ - 100.00% 4 Lateral Reinstatement EA $ 65.00 329.00 $ 21,385.00 329.00 $ 21,385.00 $ - 100.00% 5 3-FT Lateral Grouting EA $ 450.00 310.00 $ 139,500.00 310.00 $ 139,500.00 5.00 $ 2,250.00 100.00% 6 Pipe Televising - 8" LF $ 1.00 34,378.40 $ 34,378.40 34,378.40 $ 34,378.40 $ - 100.00% 7 Pipe Televising - 10" LF $ 1.00 5,676.00 $ 5,676.00 5,676.00 $ 5,676.00 $ - 100.00% 8 Pipe Televising - 12" LF $ 1.00 3,216.00 $ 3,216.00 3,216.00 $ 3,216.00 $ - 100.00% 9 Type A Pipe Cleaning - 8" LF $ 2.80 17,189.20 $ 48,129.76 17,189.20 $ 48,129.76 $ - 100.00% 10 Type A Pipe Cleaning - 10" LF $ 2.80 2,838.00 $ 7,946.40 2,838.00 $ 7,946.40 $ - 100.00% 11 Type A Pipe Cleaning - 12" LF $ 2.80 1,536.00 $ 4,300.80 1,536.00 $ 4,300.80 $ - 100.00% 12 Type C Root Removal - 8"-10" LF $ 1.25 665.00 $ 831.25 665.00 $ 831.25 $ - 100.00% 13 Type C Root Removal - 12"-15" LF $ 1.25 0.00 $ - 0.00 $ - $ - REMOVED 14 Type D Lumberjack-8"-10" LF $ 1.25 16,132.40 $ 20,165.50 16,132.40 $ 20,165.50 $ - 100.00% 15 Type D Lumberjack-12"-15" LF S 1.25 1,485.00 $ 1,856.25 1,485.00 $ 1,856.25 $ - 100.00% 16 Protruding Taps Removal EA S 250.00 13.00 $ 3,250.00 13.00 $ 3,250.00 $ - 100,00% Alternate No. 1 - SA 19 101 8" Diameter CIP Pipe Lining LF $ 24.50 752.0 $ 18,424.00 752.00 $ 18,424.00 $ - 100.00/ 102 10" Diameter CIP Pipe Lining LF $ 29.50 1,578.0 $ 46,551.00 1,578.00 $ 46,551.00 $ - 100.00% 103 Lateral Reinstatement EA $ 65.00 14.0 $ 910.00 14.00 $ 910.00 $ - 100.00% 104 3-FT Lateral Grouting EA $ 450.00 13.0 $ 5,850.00 13.00 $ 5,850.00 $ - 100.00% 105 Pipe Televising-8" LF $ 1.00 1,504.0 $ 1,504.00 1,504.00 $ 1,504.00 $ - 100.00% 106 Pipe Televising - 10" LF $ 1.00 3,156.0 $ 3,156.00 3,156.00 $ 3,156.00 $ - 100.00% 107 Type A Pipe Cleaning-8" LF $ 2.80 752.0 $ 2,105.60 752.00 $ 2,105.60 $ - 100.00% 108 Type A Pipe Cleaning - 10" LF $ 2.80 1,578.0 $ 4,418.40 1,578.00 $ 4,418.40 $ - 100.00% 109 Type C Root Removal - 8"-10" LF $ 1.25 0.0 $ - 0.00 $ - $ - REMOVED 110 Type D Lumberjack-8"-10" LF $ 1.25 2,123.0 $ 2,653.75 2,123.00 $ 2,653.75 $ - 100.00% 111 Protruding Taps Removal r EA $ 250.00 0.0 $ - 0.00 $ - $ - REMOVED Alternate No. 2 - SA 16 1 201 36" PATCHING OR GROUTING LS $ 94,098.50 1.00 $ 94,098.50 1,00 $ 94,098.50 $ 100.00 CO No. 1 - SA 99 NON-SRF 301 (Change Order No. 1-46-LF 18" CIPP LS I $ 10,182.00 1.00 $ 10,182.00 1,00 $ 10,182.00 $ 100,00/ CO No. 2 - NON-SRF 401 (Change Order No. 2 - WYOMING EA $ 23,630.45 0.00 $ - 0,00 $ - $ REMOVED CO No. 3 - SRF 501 (ADDITIONAL CLEANING LS I $ 14,983.00 1.00 $ 14,983,00 1,00 $ 14,983.00 $ - 100.00% A_ 1 1 PROJECT TOTAL CONTRACT TOTAL SUBMITTED TO DATE CURRENT PERIOD 100.00% $ 1,072,180.01 $ 1,072,180.01 $ 2,250.00 CHANGE ORDERS NO. DESCRIPTION Item Number PROJECT TOTAL ORIGINAL CONTRACT $ 1,010,539.90 CHANGEORDER NO. 1 NON-SRF 301 $ 10,182.00 CHANGEORDER NO. 2 NON-SRF 401 $ 23,630.45 CHANGEORDER NO. 3 SRF 201 & 501 $ 64,081.50 CHANGEORDER NO. 4 RECONCILIATION $ (36,253.84) CONTRACT TOTAL $ 1,072,180.01 STORED MATERIALS MATERIAL INVOICE DATE DELIVERED UNIT COST DELIVERED QUANTITY TO DATE TOTAL QUANTITY INSTALLED QUANTITY STORED TO DATE STORED THIS PERIOD STORED BALANCE STORED COST TOTAL STORED MATERIALS LAST PERIOD TOTAL STORED MATERIALS TO DATE $ STORED MATERIALS THIS PERIOD $ - THIS PAY PERIOD Current Pay Estimate $ 2,250.00 Stored Materials This Period $ - SUBTOTAL I $ 2,250,00 ■ • Retainage This Period I 0.00% I $ - REQUESTED PAYMENT - PAY ESTIMATE NO. 11 I $ 2,250.00 PROJECT TO DATE Pay Estimate No. 1 $ 169,132.20 Pay Estimate No. 2 $ 34,821.69 Pay Estimate No. 3 $ 28,543.30 Pay Estimate No. 4 $ 339,741.92 Pay Estimate No. 5 $ 245,509.41 Pay Estimate No. 6 $ 45,000.00 Pay Estimate No. 7 $ 64,081.50 Pay Estimate No. 8 $ 65,700.00 Pay Estimate No. 9 $ 28,350.00 Pay Estimate No. 10 $ 49,050.00 Pay Estimate No. 11 $ 2,250.00 p WORK COMPLETED TO DATE ltttttttttttttttt� $ 1,072,180.01 TOTAL STORED MATERIALS TO DATE $ - TOTAL REQUESTED PAYMENT TO DATE 180.� $ 1,072,180.001 Retalnage to Date 0.00% $ 1- TOTAL REQUESTED PAYMENT TO DATE LESS RETAINAGE $ 1,072,180.01 PREVIOUS PAYMENTS Pay Estimate No. 1 $ 160,675.59 Pay Estimate No. 2 $ 33,080.60 Pay Estimate No. 3 $ 27,116.13 Pay Estimate No. 4 $ 322,754.82 Pay Estimate No. 5 $ 233,233.94 Pay Estimate No. 6 $ 42,750.00 Pay Estimate No. 7 $ 60,877.43 Pay Estimate No. 8 $ 62,415.00 Pay Estimate No. 9 $ 26,932.50 Pay Estimate No. 10 $ 45,597.50 Previous Payment Subtotal $ 1,015,433.51 REQUESTED PAYMENT - PAY ESTIMATE NO. 11 $ 56,746.50 SRF TOTAL I $ 1,061,998.01 I NON-SRF TOTAL I $ 10,182.00 (BID ITEM 301 & 401 PROJECT TOTAL I $ 1,072,180.01 I LAJ c ,c) C 11/26/24 Municipal Pipe Tool Co. LLC Date 11/26/24 hristopher G. Oelkers, AECOM, Project Engineer Date LODCS\ Projects \WTR\60682318_CIPP_Ph_IVA3\600_Construc$on_Support\ 660_Chenge_Orders\IWAT CIPP PH IVA3 Change Orders REV01.xlsx]Change Order Tab Page 263 of 578 A=COM December 2, 2024 Mr. Jesse Gaherty Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa 50702 Subject: FY 2023 CIP Pipelining Phase IVA3 Completion Statement City of Waterloo, Iowa City Contract No. 1063 AECOM #60682318 Dear Mr. Gaherty: By this letter, we hereby state: AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com 1. A final review of the above -referenced project was held, and the project is considered complete as of August 28, 2024. 2. To the best of our knowledge and belief, based on observations of AECOM staff during construction, the contractor, Municipal Pipe Tool Co., LLC, has performed the work in accordance with the plans, specifications and contract documents in effect for the above -referenced project. 3. The total cost of the completed work is $1,072,180.01 „0,,,,ilt"'ftlir,,,,9 „,0 oEssrOA,''1,„ t ""': is may= :'CHRISTOPHER G.'. G) w : OELKERS : Z 0 •, 22053 • m . .. -72 '''. / O w A o 1 ,,,,,,,i,,,L,,,,0 I hereby certify that this engineering document was prepared under my direct personal supervision and that I am a duly Professional Engineer under the laws of the state of Iowa. by me or licensed 12/02/2024 CHRISTOPHER G. OELKERS, P.E. License No. 22053 Date My license renewal date is December 31, 2025. Pages or sheets covered by this seal: All Pages L:\DCS\Projects\WTR\60682318_CIPP_Ph_IVA3\600_Construction_Support\650_Pay_Applications\PE No. 11\1063 Wat CIPP PH IVA3 - Completion Statement.docx Page 264 of 578 FINAL LIEN WAIVER Date: December 2, 2024 The undersigned hereby acknowledges receipt for work performed on the project listed below. We hereby release any and all lien rights for labor performed and/or material for: Contractor: Municipal Pipe Tool Company LLC Address: 515 5th Street, PO Box 398, Hudson, IA 50643 Project: FY 2023 CIF Pipelining Phase IIYA3, City of Waterloo Supplies: CIPP CORPORATION Address: 515 5t, Street, Hudson, IA 50643 Signed by Title: e/ Nid Page 265 of 578 MECHANIC'S LIEN/IOWA CODE CHAPTER 573/FEDERAL MILLER ACT WAIVER Subcontractor hereby acknowledges receipt of final payment in the amount of $1,735.00 for labor, materials, services, equipment, and/or transportation furnished in respect to FY2023 CIP Pipelining Phase IVA3, Waterloo, IA through the date of October 25, 2024. Subcontractor hereby forever waives and releases any and all mechanic's lien, Iowa Code Chapter 573, and federal Miller Act claims, and any related rights and causes of action in respect to the Project and the property on which it is located to the extent of the above final payment amount and all previous payments received. Subcontractor hereby forever waives and releases any and all claims, causes of action, and rights to payment he/she/it may have with respect to the Project, including but not limited to any claims, causes of action, and rights under or against the Iowa Mechanic's Lien Chapter (Iowa Code §572.1 et seq.), Iowa's Little Miller Act (Iowa Code §573.1 et seq.), the federal Miller Act (40 U.S.C. § 3131 et seq.), any retainage held by the owner of the Project, and any surety bonds issued by Contractor's Surety for the Project. Subcontractor also forever waives and releases any and all claims, causes of action, and rights against the Project Owner and Contractor's Surety with respect to the Project to the extent of the above final payment amount and all previous payments received. SUBCONTRACTOR: Dependable Drain — Clinton, IA Signature Jess Snyder Printed Name of Signature Office Manager Title 12/03/24 Date RETURN TO: Municipal Pipe Tool Company, LLC 515 5th Street, PO Box 398 Hudson, IA 50643 Or email to: courtnys@munipipe.com Page 266 of 578 MAINTENANCE BOND ALL MEN BY THESE PRESENTS: Bond No. IAC592907 That, Municipal Pipe Tool Co., LLC of Hudson, IA as Principal, and the Merchants Bonding Company (Mutual) are held and firmly bound unto City of Waterloo, Iowa penal sum of One Million Seventy-two Thousand One Hundred Eighty & 01l100 as Surety, in the ($ 1,072,180.01 ) Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas the said Principal entered into a certain contract, with City of Waterloo, Iowa To furnish all the material and labor necessary for the construction of REBID FOR: FY 2023 CIP Pipelining Phase IVA3, Waterloo, Iowa; Contract No. 1063 in Waterloo, Iowa In conformity with certain specifications; and Whereas a further condition of said contract is that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from date of acceptance of the work under said contract; and Whereas the said Merchants Bonding Company (Mutual) for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo, Iowa Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost and expense, remedy any and all defects that may develop in said work within the period of two (2) years from the date of date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise, to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and seals this 28th day of August , 2024 . Municipal Pipe Tool Co., LLC Principal By: Merchants Bonding Company (Mutual.) By: Sara Hust P.O. Box 14498 y-in-Fact Address Des Moines, IA 50306-3498 Qp1NG a pA -0- 1933 _4 Page 267 of 578 MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, dlb/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Alissa Cahalan; Anne Crowner; Ashlea McCaughey; Austin Muehlschlegel; Ben Williams; Brian J Oestreich; Brian M Deimerly; Cameron M Burt; Colby D White; Craig E Hansen; D Gregory Stitts; Dione R Young; Donald E Appleby; Douglas Muth; Ginger Hoke; Grace Dickinson; Grace Rasmussen; Graydon Dotson; Greg Krier; Jamie Gifford; Jay D Freiermuth; Jennifer Marino; Jessie Allen; Joe Tiernan; John Cord; Joseph Cardinal; Joshua R Loftis; Kate Zanders; Keeton Welch; Kristine M Becks; Mark R DeWitt; Mark Sweigart; Mary Ashley Allen; Melinda C Blodgett; Michelle Morrison; Michelle R Gruis; Nathan Weaver; Nicole Stillings; R C Bowman; Rachel Thomas; Sandra M Engstrum; Sara Huston; Sarah C Brown; Seth D Rooker; Taylor Fogle; Ted Jorgensen; Tim McCulloh; Todd Bengford their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the Slate of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky al least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1st day of November , 2024 ez x' 2003 ••, % STATE OF IOVVA •'•.,,•�����,..•• COUNTY OF DALLAS ss. ;•�4•?O�p0R.29•.• :3• • y 1933 • ti ; By v .ate.• • MERCHANTS BONDING COMPANY (MUTUAL} MERCHANTS NATIONAL BONDING, INC. dlbla MERCHANTS NATIONAL INDEMNITY COMPANY President On this 1st day of November 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. hPiktAL a • IOWA Penni Miller Commission Number 787952 My Commission Expires January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 28th day of August , 2024 . co o(iPORq.0 _` 2 2003 .+� . .. = :,mo• 0 4; d •••.- •• Os.dItP09 •!k9• :• �:? -O- o•: • : •• •ec' 1933 . c. "a. •am• Secretary POA 0018 (6/24) Page 268of 578- CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE January 6, 2025 AGENDA ITEM TITLE Motion approving Change Order No. 1 with Peters Construction Corporation, of Waterloo, Iowa, for a net increase of $11,898.00, in conjunction with the City of Waterloo Parking Ramp, Atrium and Skywalk update and Commercial Street Parking Ramp, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Motion approving Change Order No. #1 with Peters Construction Corporation, of Waterloo, Iowa, for a net increase of $11, 898.00, in conjunction with City of Waterloo Parking Ramp, Atrium & Skywalk Update 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 Page 269 of 578 LEGAL DESCRIPTION ATTACHMENTS 1. Change Order No. 1 - City of Waterloo Parking Ramp, Atrium & Skywalk Update Page 270 of 578 PETERS CONSTRUCTION CORPORATION 901 Black Hawk Rd., Waterloo, IA 50701 Phone: 319.236.2003 Fax, 319.236.2009 CITY OF WATERLOO PARKING RAMP, ATRIUM, & SKYWALK UPDATE COMMERCIAL STREET PARKING RAMP PROPOSED CHANGE ORDER #1 DECEMBER 3RD, 2024 GENERAL PROJECT REQUIREMENTS • Onsite field and office supervision and coordination. • Electric service usage fees/costs to be provided by the City of Waterloo. • Temporary Internet and cell phone service. • General project cleanup. • Waste disposal fees. • Subcontractor liability insurance. SELECTIVE DEMOLITION • Remove and dispose of gypsum board ceiling outside the North skywalk door in the atrium area. • Remove and dispose of existing lx wood baseboard. CONCRETE FINISHING • Infrll voids of existing concrete with grout in atrium area that was covered by carpet tile. FINISH CARPENTRY • Furnish and install new 1x8 wood baseboard in the atrium area. SHEET METAL FLASHING AND TRIM • Furnish and install primed sheet metal panel to cover the existing insulation at the South doors of the skywalk. JOINT SEALANTS • Caulking of new lx8 wood baseboard. PAINTING • Paint the existing exposed ceiling structure and existing structure around the fire dampers at the North entry of the skywalk in the atrium area. • Paint the new sheet metal flashing at the South doors of the skywalk. • Paint the wall base in the atrium area. SPRINKLER SYSTEM • Add sprinkler heads around the fire dampers at the North end of the skywalk to maintain proper coverage. Page 271 of 578 Page 272 of 578 PETERS CORPORATION CONSTRUCTION 901 Black Hawk Rd., Waterloo, IA 50701 Phone: 319-236-2003 Fax: 319-236-2009 ELECTRICAL • Remove the existing transformer and disconnect any electrical associated with the RTU to above the door into the hotel. CHANGE ORDER TOTAL NOTES AND CLARIFICATION $11,898.00 • Sales tax is excluded. • Building permit and plan review fees are excluded. • Davis -Bacon wages are excluded. • Temporary heat to be provided by Owner. • Builders risk insurance to be provided by Owner. • All cost increases after 30 days from the original proposal date of December 3"1. Page 273 of 578 Page 274 of 578 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 January 6, 2025 AGENDA ITEM TITLE Motion approving Change Order No. 5 with WRH, Inc., of South Amana, Iowa, for a net increase of $4,048.41, in conjunction with Titus Lift Station and Force Main, Contract No. 975, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Change Order No. 5 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. 20241028 - 975 TITUS - CO 05 Page 275 of 578 Page 276 of 578 AECOM October 28, 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. 5 City of Waterloo, Iowa City Contract No. 975 AECOM #60726355 AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax Dear Mr. Gaherty: Attached is Change Order No. 5 for the Titus Lift Station and Force Main project submitted by WRH, Inc. This change order is to compensate WRH. Inc for removal of asbestos chalk found in the existing lift station building. See the attached Asbestos Inspection Report dated 10/23/2024. AECOM and City Staff recommends the City approves Change Order No. 5 for the addition of $4,048.41 and a revised total contract cost of $6,283,769.29. The increase is 1.61 % of the original contract including all change orders. °` 0ESSf0 ''6,, z :CHRISTOPHER G.'. G) W OELKERS . Z 22053 > a n' ''/���rr41nlIiuu ma��\`\ 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. 10/28/2024 CHRISTOPHER G. OELKERS, P.E. License No. 22053 My license renewal date is December 31, 2025. Pages or sheets covered by this seal: All Pages Date Enclosure: Change Order No. 5 dated 10/28/2024 WRH CAR No. 14 Asbestos Inspection Report dated 10/23/2024 L:\DCS\Projects\WTR\60726355_Titus_LS_and_FM_CRS\600_Construction_Support\670_Change-Orders\CO 5\975 TITUS - CO 05 LTR.docx Page 277 of 578 CHANGE ORDER 5 ACOM Owner City of Waterloo Project TITUS LIFT STATION AND FORCE MAIN Date: October 28, 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: 51 CO NO. 5 - CAR NO. 14 - ASBESTOS WRH CR 14 $ 4,048.41 TOTAL 4,048.41 ADDITION Reason for Change Order Change order No. 5 is to compensate WRH. Inc for removal of asbestos chalk found in the existing lift station building. See the attached Asbestos Inspection Report dated 10/23/2024. CONTRACT PRICE SRF NON- SRF Original: $ 6,184,087.00 $ 6,184,087.00 $ - Previous C.O.s $ 95,633.88 $ 95,633.88 $ - This C.O. $ 4,048.41 $ 4,048.41 $ - Contract Price with all approved $ 6,283,769.29 $ 6,283,769.29 $ - Total Change Orders: $ 99,682.29 1.61% Total CO % TOTAL $ 6,283,769.29 Original Completion Date: Revised Completion Date: CONTRACT TIME To Substantial To Final Completion Completion 11/30/2024 12/31/2024 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: October 28, 2024 Contractor (Authorized Signature) Date ACCEPTED: BY: October 28, 2024 AECOM Date AECOM 60726355 I 5 Project No. C.O. No. Page 278 of 578 Project: CAR No. 14 Reference: RFQ # Change Authorization Request (CAR) DATE Location 10/25/24 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 ( X ) Field Condition ( ) Suggested by Contractor 1) Description of Change: (Refer to drawings, specification, addenda, bulletin if applicable) It was determined during required environmental inspection, that the existing lift station building contains forms of asbestos in caulking. In order to move forward with planned demolition of existing structures, asbestos must be properlly removed by a certified abatement specialist. Cost includes State notification, landfill notifiaction and planning, air monitoring, tools/equipment, trained/certified techniciansand removal of contaminated materials. 2) It is requested that the completion date be; by calendar days. 3) Basis of Payment: a) ( X ) 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 $4,048.41 $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 $4,048.41 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: 10/25/2024 Date: Page 279 of 578 ASBESTOS INSPECTION REPORT INSPECTION ADDRESS: Titus Lift Station 295 WCF & N Drive Waterloo, IA 50703 Project #: 24-29303 SUBMITTED TO: WRH, INC 1648 T Avenue South Amana, IA 52334 Attn: Brad Oja Page 280 of 578 ASBESTOS INSPECTION welly Insp or 10/23/2024 Date 24-11702 Inspector # 04/10/2025 License Expiration date Page 281 of 578 TABLE OF CONTENT 1. INTRODUCTION 2. DEFINITIONS 3. GENERAL BUILDING OBSERVATIONS 4. REPORT DATA a. METHOD b. REPORT DATA 5. PROJECT SUMMARY a. POSITIVE ASBESTOS SAMPLE LIST b. CONCLUSIONS AND RECOMMENDATIONS LIST OF APPENDICES APPENDIX A - SAMPLE INVENTORY LIST & LAB ANALYSIS APPENDIX B - INSPECTOR LICENSE AND CERTIFICATION APPENDIX C - PICTURES Page 282 of 578 SECTION 1 INTRODUCTION For each area of the building, the inspector performing the inspection did the following: 1. Visually inspected the area(s) to identify the locations of all suspect Asbestos Containing Building Materials. 2. Identify all homogeneous areas of friable and non -friable suspected asbestos. 3. Assume, if necessary, that some or all of the homogeneous area(s) are Asbestos Containing Material (ACM), and for each homogeneous area that is not assumed to be ACM, collect and submit bulk samples for analysis. Page 283 of 578 SECTION 2 DEFINITIONS: HOMOGENEOUS AREA An area which appears similar throughout in terms of color, texture, and date of material application. SURFACING MATERIAL Material in a building that is sprayed -on, troweled -on, or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes. THERMAL SYSTEM INSULATION Means material applied to pipes, fittings, boilers breeching, tanks ducts, or other interior structural components to prevent heat Toss or gain, or water condensation, or other purposes. MISCELLANEOUS MATERIAL Interior building material on structural components, structural members or fixtures, such as floor and ceiling tiles, and does not include surfacing material or thermal system insulation. SAMPLING AND ANALYSIS All samples to be analyzed by Polarized Light Microscopy (PLM). Analysis was performed in accordance with EPA 40 CFR, Part 763, Appendix A to Subpart F. A homogeneous area was considered not to contain Asbestos Containing Material (ACM) only if the results of all samples collected from the area showed asbestos in the amounts of one (I) percent (%) or less L1%). A homogeneous area contains ACM when one or more samples collected from that area shows greater than one (1) percent (%) asbestos (> 1 %). FRIABLE Any material containing more than one (1) percent (%) asbestos that, when dry can be crumbled, pulverized, or reduced to a powder by hand pressure. NON -FRIABLE (CATEGORY I) Asbestos containing packings, gaskets, resilient floor covering, and asphalt roofing products, containing more than one (1) percent (%) asbestos. NON -FRIABLE (CATEGORY II) Any excluding Non -Friable (Category I) Asbestos Containing Material, containing more than one (1) percent (%) asbestos. Page 284 of 578 SECTION 3 General Building Inspection Observations The building inspection is conducted by a qualified and State of Iowa licensed Asbestos Inspector. The purpose of a building inspection is to identify existing building materials that are asbestos containing materials (ACM). If the inspection is conducted in an occupied building, the Inspector is sometimes denied accessibility to building areas and materials; i.e., the Inspector may not be allowed to cut through floor coverings or walls, remove quarry tiles, etc. There are many situations where ACM are concealed in wall cavities and other non -accessible areas, such as tunnels, crawl spaces, above ceilings, pipe chases, behind wall coverings, beneath debris piles, under various floor coverings, etc. When these situations occur in construction, renovation, and/or demolition, etc., materials in these areas shall be treated as ACM and handled as such by qualified and licensed asbestos personnel. If suspect asbestos containing material is discovered or damaged during the course of any activities, the material shall be considered and treated as ACM to diminish further fiber release. In addition, the Inspector uses an independent laboratory that analyzes the bulk building material samples using Polarized Light Microscopy (PLM). PLM analysis technique may not be as accurate as more expensive analysis techniques for certain building materials. It remains the Building Owner and/or Representative(s)' responsibility to address this issue and consider analyzing suspect building material using different analysis techniques prior to disturbing the material(s). The following are areas that may not be inspected. 1. Tunnels and Crawl Spaces: During the inspection process, the Inspector attempts to check tunnels and crawl spaces for ACM and the degree of damage to the materials. In most cases, quantification of ACM in these areas is impossible due to the inaccessibility to these areas. In addition, these areas may fall under: "Confined Space Regulations". Due to the congestion in tunnels and crawl spaces, obtaining an accurate quantification for mudded joints, pipe wrap, etc. is almost impossible. The Inspector will quantify ACM only in accessible tunnels and crawl spaces, and estimate the quantities in the inaccessible areas. Some reasons for inaccessibility are as follows: flooded areas, pipe congestion, asbestos and other debris, electrical hazards, confined spaces, unknown gas emissions, low ceilings, etc. 2. Boilers and Thermal System Insulation: Interior portions of boilers, heaters, storage tanks, etc. are not always accessible. Materials in these areas will be treated as ACM. Areas of concern are packing inside boiler doors and liners. Use extreme care and properly trained personnel when handling these types of materials. Some boilers have insulated metal jackets over fiberglass or ACM. Thermal system insulation can be found in many different forms; i.e., air cell, preformed magnesium block, miliboard, etc. All fiberglass materials are excluded as suspect ACM. 3. Debris: In areas where damaged ACM may be found there may and usually will Page 285 of 578 be ACM debris in the general area of the damaged material. These areas shall be treated with the utmost care even during the inspection and quantification process. The Inspector considers any exposure to this type of material as a health threat. 4. State of Quantification: As a general rule, individual rooms or areas of estimation contain inherently more probability of an error than those groups of rooms or areas or an entire building. In other words, the aggregate tends to be more accurate than the sums of the individual parts. Therefore, when designing response actions (measurements, air samples, etc.), the project designer and the asbestos abatement contractor's attention shall be given to ensure that quantification of materials and proper methods are followed through careful analysis of the site. If materials are quantified, the asbestos abatement contractor or owner, owner representatives or third parties are responsible for verifying the quantities. 5. The Inspector may take some latitude in the presentation of the Inspection Report. When the Inspector has found floor tiles, linoleum, and/or carpeting listed he/she may or may not have adhesives listed. Adhesives have been known to contain asbestos and therefore, although not mentioned, it may be presumed to be ACM, listed or not. Testing of the adhesive prior to disturbing is recommended. The same is true for adhesives or mastics used to adhere linoleum to floors or counter tops. All toweled -on and/or sprayed -on surfacing materials; i.e., floor mastics, wall and ceiling surfacing, etc. are either suspected or presumed ACM unless sampled and analyzed to indicate that they are not ACM. b. In the Inspection Report, certain items such as mudded joints (MJ) or metal doors (MD), etc. are listed as units or number of units; i.e. 10 MJ, 3 Damaged, which is an indication of count rather than square feet or linear feet. Most materials listed in the assessment are either listed as square feet or linear feet with these noted exceptions. 7. In the Assessment Process, there are additional codes such as ME and MG; ME representing miscellaneous electrical and MG representing miscellaneous gasket materials. Both of these codes are used to indicate materials that are unusual to the normal course of an assessment of the building. Miscellaneous electrical materials include old electrical wiring, switchboards, transite panels, etc. Miscellaneous gasket materials can be found between (thermal) valves, on boiler doors, between fittings, between molds, etc. These codes give the Inspector the ability to qualify materials, which sometimes may not be considered as ACM. 8. An Asbestos Code Sheet is included with the Inspector's inspection report, which informs the client as to the Homogeneous Codes used during the inspection process. Page 286 of 578 9. Caution- Regarding Inspection results- Floor tiles, adhesives, and drywall (mud) found to not contain asbestos should be re -analyzed under the "Chatfield Method" of TEM analysis. Many times the results from having these materials analyzed under PLM results in false positives or false negatives. After reviewing your report, please notify the inspector if you want these samples analyzed under the "Chatfield Method". 10. Any sample less than 10% asbestos may be Point Counted. Point counting is a more accurate method of analyzing of bulk samples. The results of the point counting are the results that will determine if the material will be treated as asbestos. 11. Asbestos inspections are performed based on current understanding of the regulations. As new interpretations of the regulations are made aware of by the EPA, DNR, and Iowa Division of Labor. Advanced Environmental Testing and Abatement Inc. will adapt their inspections to comply with these new procedures. If additional sampling is required by the different agencies, Advanced Environmental will do the additional sampling. The owner is responsible for the additional cost for these samples as well as labor. 12. Advanced Environmental shall not be responsible for any cost of abating any additional asbestos discovered in any renovation or demolition activities. Any additional items discovered shall be tested when they become accessible. For example, old adhesive may be under new floor tiles and adhesive. Additional materials may be concealed in walls, under multi layers of flooring, etc. 13. All amounts listed are estimates. It is up to other contractors to field verify any amounts that are listed within this report. 14. All material that looks similar should be treated as asbestos containing materials. 15. Asbestos Material containing <1%. Some material tested for asbestos may contain trace amounts of asbestos and be below the threshold for asbestos contain material according to both the Iowa DNR and Iowa State Code.. However, the Federal Occupational Safety and Health Administration still have some regulations that contractors must follow under 29 CFR 1926.1101. Contractors working with asbestos material with <1% asbestos must still produce a negative and initial exposure assessment, completed by a "competent person". Contractors must follow 29 CFR 1926. 1101 (g)(1)(ii) and (iii) and 29 CFR 1926. 1101(g)(3)(i), (ii), and (iv). Please contact Advanced Environmental Testing and Abatement, Inc. for consultation on how to handle material with <1% asbestos. 16. Flat roofs: If any layer of a flat roof tests positive for asbestos, all layers should be considered asbestos and removed as such. Advanced Environmental makes every effort to core roof samples through all layers. Page 287 of 578 ASBESTOS CODES A = Assumed ADH = Adhesive APW = Air Cell Pipe Wrap BP = Boiler Plaster C = Ceiling CAPS = Stair Treads CQ = Can't Quantify CT = Ceiling Tiles CT/12 = 12" Ceiling Tiles DAM. = Damaged DEB = Debris DW = Drywall F = Friable FE = Furnace Exhaust FT = Floor Tiles GASK = Gaskets GYM = Gypsum HOMO = Homogeneous LINO = Linoleum MISC = Miscellaneous Non Friable MAC = Metal Asbestos Chimney MATL DESC = Material Description MD = Metal Door ME = Miscellaneous Electrical MF = Miscellaneous Friable MJ = Mudded Joint NC = Nose Cap NF = Non Friable NSM = Not Suspect Material P or PH = Previous History PP = Patched Plaster/Drywall PSA = Sand Plaster PSM = Smooth Plaster S = Sample/Samples/Sampled SCT = Suspended Ceiling Tile SR = Sample Result ST = Storage Tank SUR = Surfacing T = Thermal Thermal Pipe Measurement = Linear Ft TR = Transite TSI = Thermal System Insulation VC = Vibration Cloth VDW = Vinyl Covered Drywall W = Walls WD = Wood Door N = North S = South E = East W = West 1. All Metal Doors are listed by quantities, example 3 = 3 metal doors. 2. All Mudded Joints are listed by quantities of MJ, not sizes. 3. All Pipe Wrap materials are listed in linear feet. 4. All other measurements are square feet unless stated elsewhere. 5. Sample Results: N = Not Considered Asbestos Containing Material Y = Considered Asbestos Containing Material P or PH = Previous History N/A = Not Analyzed <1 % = Contains less than 1% Asbestos Containing Material >1% = Contains more than 1% Asbestos Containing Material 6. All Adhesives are considered Asbestos Containing Material (ACM) which can't be quantified - Non Friable ACM. 7. All Seals and Gaskets are considered Asbestos Containing Material (ACM) which can't be quantified — Non Friable ACM. Page 288 of 578 SECTION 4 REPORT DATA BUILDING NAME: Titus Lift Station — 2295 WCF & N Drive — Waterloo, IA INSPECTION AREAS: Throughout CLIENT CONTRACT: Brad Oja METHOD: All samples are sent to EMC LABS, INC in Phoenix, Arizona. EMC LABS is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP accreditation (NVLAP #: 101926-0). Sampling was completed by a State of Iowa licensed asbestos inspector. Sampling methods were based on National Emission Standards for Hazardous Air Pollutants (NESHAPS) protocols. Bulk samples of suspect asbestos containing material were analyzed by Polarized Light Microscopy (PLM) using EPA Method 600-R93-116. OVERVIEW: An asbestos inspection was conducted at the lift station located at 2295 WCF & N Dr. in Waterloo, IA on October 16th, 2024. The building is a small concrete building. At the time of inspection, a total of six samples were analyzed with eight layers analyzed for asbestos content. Each sample is broken down by layers if necessary (I.e. floor tile and mastic). Samples can be categorized by miscellaneous, surfacing, and thermal. The following samples were taken of each: Miscellaneous samples tested include: Roof seam tar Seam Caulk Pipe putty in opening Concrete/caulk Surfacing samples include: NO SAMPLES TAKEN Thermal samples include: NO SAMPLES TAKEN Page 289 of 578 SECTION 5 POSITIVE SAMPLE RESULTS: The following samples tested positive (>1%) for asbestos: 3) White seam caulk (under silicone) 7% Chrysotile The inspection was to identify asbestos containing materials prior to demolition The Inspection entailed a visual assessment of the property for suspect asbestos containing materials, collection, and submittal of bulk samples for analysis. In the State of Iowa, asbestos is regulated by the Iowa Department of Natural Resources and the Iowa Division of Labor. CONCLUSIONS AND RECOMMENDATIONS I thought I was sampling the silicone caulk at the top of the wall where the wall meets the concrete roof. Apparently, there was white caulk under the silicone caulk that came back with 7% Chrysotile. This material will need to be removed prior to demolition Pictures of all these items are included at the back of the report. Page 290 of 578 APPENDIX A SAMPLE INVENTORY LIST, LAB ANALYSIS • Page 291 of 578 Facility Name/Site Location Titus Lift Station 2295 WCF & N Drive Waterloo, IA 50703 Inspected By: Jay Llewellyn 10/16/2024 Sample No Material Color Location Current Condition Results WCFN-1 Roof seam tar black Roof - South good o°/a WCFN-2 Roof seam tar black Roof - North good o% WCFN-3 Seam caulk silicone / white Seam where roof meets walls good 0%,7% Chrysotile WCFN-4 Pipe opening putty Grey West wall - where pipe goes through the wall _ good o% WCFN-5 Concrete filler/caulk grey / beige At base of wall - East side good 0 % , 0 % WCFN6 Concrete filler/caulk grey / beige At base of wall - West side good _ 0% Page 292 of 578 EMC LABS, INC. 9830 5. 51st Street, Suite B109, Phoenix, AZ 85044 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 Client: ADVANCED ENVIRONMENTAL Address: 803 RICKER ST. WATERLOO, IA 50703 Collected: 10/16/2024 Project Name: LIFT STATION-2295 WCF & N DR. - WATERLOO, IA Address: Job# 1 P.O. #: 24-29303 Date Received: 10/21/2024 Date Analyzed: 10/22/2024 Date Reported: 10/22/2024 Submitted By: JAY LLEWELLYN Collected By: EPA Method: Laboratory Report 0321057 App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name / Asbestos Asbestos Type Non -Asbestos Client ID Location Sample Description Detected (%) Constituents 0321057-001 Roof Tar, Black No None Detected Cellulose Fiber 5% WCFN-1 Carbonates Quartz Non -Fibrous Binder/Filler 95% 0321057-002 WCFN-2 Roof Tar, Black No None Detected Cellulose Fiber 3% Carbonates Quartz Non -Fibrous Binder/Filler 97% 0321057-003 LAYER 1 No None Detected WCFN-3 Silicone Caulk, Clear/ Yellow Carbonates Silicone Non -Fibrous Binder/Filler 100% LAYER 2 Caulk, White Yes Chrysotile 7% Carbonates Quartz Binder/Filler 93% 0321057-004 Pipe Putty. Gray/ Beige No None Detected Cellulose Fiber 3% WCFN-4 Carbonates Quartz Non -Fibrous Binder/Filler 97% 0321057-005 WCFN-5 LAYER 1 Concrete, Gray No None Detected LAYER 2 No None Detected Caulk, Gray/ Berge Quartz Gypsum Carbonates Non -Fibrous Binder/Filler 100% Carbonates Quartz Non -Fibrous Binder/Filler 100% Page 1 of 2 Page 293 of 578 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0321057 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO. IA 50703 10/16/2024 LIFT STATION-2295 WCF & N DR. - WATERLOO. IA Job# / P.O. #: 24-29303 Date Received: 10/21/2024 Date Analyzed: 10/22/2024 Date Reported: 10/22/2024 Submitted By: JAY LLEWELLYN Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Client ID Sample Location Layer Name / Asbestos Asbestos Type Sample Description Detected (%) Non -Asbestos Constituents 0321057-006 WCFN-6 Concrete. Gray Note No Caulk Present No None Detected Quartz Gypsum Non -Fibrous Binder/Filler 100% Analyst - Matt Kettler Signatory - Lab Director - Kurt Kettler ()'strictly strat0ed eaOy separable layers of samples are analyzed as subsamples of Inc whole and are reported separately for each discernible layer. All analyses are derived from calibrated visual estimate and measured in area percent unless otheraae noted. The report applies to the standards or procedures bentilied and to the sample(s) tested The test results are not necessarily indicative or representative of the quakes of the lot from which the sample was taken or of apparently identical or similar products nor do they represent an ongoing quaLly assurance program unless so noted Thrs report is for the exclusive use of the addressed dent and will not be reproduced vho0y or in part for advertrsmg or other purposes over our signature un Co,Vlecben v0N dV name without speal wtrten permssior The report shall not be reproduced except :n lull wtneut eriaen approval by our Laboratory The samples not destroyed in testing are relaned a maximum of sixty days The measurement easurement of uncertanty for the test method a approximately less Shan 1 by area percent C:cred,ted by !roe National Irstitute of Standards and Technology Voluntary Laboratory AC7edta!ion Program for selected lest medroa s' for asbestos Tne acuedbabob or any reports generated by thrs laboratory Pis no My consttotes or imp4es product certjpcaton approval or enaonement by the National Irattute of Standards art Technology Tne report mast not be used by the client t0 clam poodutt cerbflcaboe approval or endorsement oy NVLA7 NIS? or any agency or the 'ederal government Page 2 of 2 Page 294 of 578 APPENDIX B INSPECTOR LICENSE AND CERTIFICATION Page 295 of 578 JAY LLEWELLYN DOB: 05-31-1961 Issued: 04-12-2024 This person is licensed to perform asbestos work in the State of Iowa. ID card is intended for official use only and must be present on iobsite. License Type Number Expires INSPECTOR 24-11702 04-10-2025 SUPERVISOR 23-10998 11-15-2024 Asbestos f Larry Johnson, Jr. Labor Commissioner Page 296 of 578 Certificate: 100840582 Expiration Date Apri[ 10, 2025 This is to certify that Jay Llewellyn Has attended and completed Refresher training in accordance with Title II of TSCA, 4U CFR Part 763 Appendix C to Subpart E as revised Budding Inspector Annual Refresher - Florida Date of Course Completion April 10, 2024 Date of Course Examination April 10, 2024 with Passing Score of 70% or Course # FL-490006359 Provider # FL-49000540E Asbestos Online Training, LLC 7452 2nd Street E Redington Shores, Florida 33708 info@asbestosonlinetraining.com APPENDIX C PICTURES Page 298 of 578 2295 WCF & N Dr - Waterloo, IA Page 299 of 578 Black tar in roof seam — NO ASBESTOS NO Caulk on vents Page 300 of 578 Silicon caulk in seam -NO ASBESTOS White caulk (Under silicon?) - 7% Chrysotile Pipe opening- Putty- NO ASBESTOS Concrete filler/caulk at base - NO ASBESTOS Page 301 of 578 Concrete filler/caulk at base - NO ASBESTOS No caulk on door Pipes are uninsulated Inside was all concrete Metal on pipe Page 302 of 578 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE January 6, 2025 AGENDA ITEM TITLE Motion approving appointment of Kyler Fischels from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective January 7, 2025. RECOMMENDED COUNCIL ACTION Requesting approval of appointment. SUMMARY STATEMENT AND BACKGROUND INFORMATION Replacement for Kenny Van Deest who transferred to Leisure Services. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Operating budget. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. EQUIPMENT OPERATOR II 12.2024 Page 303 of 578 Check as applicable: PERSONNEL REQUISITION FORM To start recruiting or civil service process and/or i4 To fill a vacancy Active Civil Service List Expires: 9/20/2025 A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. *************************************** Position Title: Equipment Operator II Reports To: Street Department Director Employment Status: Regular Full Tiine O Regular Part Time El Regular 7-Month ***************************** Department: Street Department Work Location: 625 Glenwood Ave Temporal), Full Time from to Temporal), Part Time from to Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: t 072 Yes El No ei Internal Posting Only Bargaining Position: W Yes EI No El Internal Posting and External Advertising Bargaining Group: LOCAL 177 Non -bargaining Position: 0 Yes 12) No *** Complete the following if the requisition is to fill a vacancy: El New Position or i4 Replacement Position for: Kenny Van Deest (Spec' name and tale of former incumbent) If replacement, former incumbent: D Retired/Resigned/Terminated F2 Transferred 0 Promoted Date incumbent terminated emploprient: 11/4/2024 Date of final payout: None Anticipated start date: Jan 2025 No. of hours/week: 40 Work scheduk: 7a-3p Justification of need for position: Filling a vacancy. What are the likely consequences if the position is not filled? Street Dept projects will take longer to complete may not be attempted due to lack of personnel. APPROVALS Annual salary requirements: $65,894.40 Hourly Rate: $31.68 Benefits: $ 49.44 / 102,830.57 (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? Yes D No If no, how will position be funded? Approved subject to the following conditions: Siguitting Department Head Date Quetdia itari 16 12/19/2024 08:29 PM EST Mayor t,149e,et 7,0640,e 'I'Gra 12/20/2024 09 22 AM EST 12/20/2024 09 05 AM EST Chief Financial Officer Date Human Resources Director Date 12/20/2024 10:15 AM EST Human Resources Committee Chairperson Date Created 6/30/2017 Page 304 of 578 PERSONNEL REQUISITION Equipment Operator H The following questions are provided as guidelines to assist you in developing your rational for the position of Equipment Operator H in the Street Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Heavy equipment operator. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The department has operators in similar classifications, however, a reduced number of operators will directly impact the ability to provide timely services for the city and its citizens. (3) How is the work of this position being accomplished now? Reduced number of operators means reduced tasks that can be completed. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is necessary for the department to meet its objectives, i.e. seal -coating, grading, ditching, maintaining shoulders, street sweeping and snow & ice control. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? No cost savings or increased revenues would be realized by this position. The position is directly related to providing citizen services in a timely manner. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? The department pays overtime only as necessary. These positions are assigned projects and routes critical to meet the demands of our citizen support programs. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The department workload is multi -faceted - citizen Page 305 of 578 (9) complaints, annual preventative maintenance, seasonal street maintenance, and storm water ordinance compliance. If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Less equipment operators means less material loads to and from the work site, increased idle time for other personnel waiting for product, an increase in snow removal overtime, and less equipment personnel available to handle snow emergencies. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As in any position, some jobs cannot be completed with the timeliness expected of both the department and the citizen. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? It would not be practical to outsource the duties of the equipment operator. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? It is comparable to all building and commercial fire inspections. It is equally important. During snow emergencies, many businesses cannot operate without access to their businesses. The contribution of this position is critical to the overall objectives of the department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to develop a customer -centered, service delivery approach. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 306 of 578 CITY OF VATERLO,O Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA PROMOTIONAL EXAMINATION EQUIPMENT OPERATOR II PUBLIC WORKS —STREET DEPARTMENT This may be an 11:00 p.m.- 7:00a.m shift after training is completed DEPARTMENT STREET SALARY $30.68, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Performs skilled construction and street maintenance involving the safe operation of mixer, reclaimer, rotomill, pulverizer/mixer, mechanical/vacuum sweeper, end loader, grader, vibratory roller, track/wheeled excavator and wheeled backhoe and Equipment Operator I equipment such as snowplow, dump truck, salt/sand truck and equipment requiring a class A CDL with air brakes and tanker endorsement. Equipment Operator I functions such as pothole patching, oiling, shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic, erecting barricades, loading, hauling and plowing snow. The work is performed under the general direction of the Street Director and a Street Foreman. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Operates mixer, reclaimer, rotomill, pulverizer/mixer, mechanical sweeper, end loader, grader, vibratory roller, track/wheeled excavator and wheeled backhoe and Equipment Operator I equipment such as snowplow, dump truck, salt/sand truck and equipment requiring a class A CDL with air brakes, and tanker endorsement. 2. Performs routine street repairs such as pothole patching and oiling, and general maintenance and labor duties such as shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic and erecting barricades. 3. Assists in preparation for winter by erecting snow fence, installing plows, wings, spreaders on trucks and spraying anti -icing material. 4. Assists in loading, hauling and plowing snow and operating sand/salt trucks during snow emergencies. Page 307 of 578 5. Participates in special service programs such as emergency storm damage clean up. 6. Assists in projects such as cleaning, mowing and maintenance of property. 7. Fills and sets sandbags, erects barricades and assists in monitoring flood pumps during flood emergencies. 8. Cleans roadside ditches of brush with weed trimming equipment or chain saw. 9. Washes vehicles, changes tires, plow blades, plow markers and general equipment and vehicle repairs. 10. General maintenance of city buildings including carpentry, plumbing, flooring, cleaning and painting. 11. Assists other departments as needed (Example would be mechanical work in the garage or picking up refuse in the Sanitation Department.) 12. Works in busy traffic areas, operating street maintenance equipment or on foot. 13. Performs street maintenance and repairs in trenches and on uneven ground. 14. Performs work of a repetitive nature and varied workload pace. 15. Works independently and with others with minimum supervision. 16. Attends work regularly at the designated place and time. 17. Works outside in all weather conditions; works near moving vehicles and equipment; operates equipment and tools that cause vibration; noise level is often loud; atmosphere may contain dust and fumes from traffic. 18. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Public Works safety rules and regulations. 19. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of traffic and safety rules. 2. Ability to safely operate specified equipment as well as dump truck, snowplow, sand/salt truck, concrete saw, air hammer and other power and hand tools used in street construction and maintenance work. 3. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic areas or extreme weather conditions. 4. Ability to learn the City street layout. 5. Ability to read street signs, chemical hazard labels and written directions of supervisors. 6. Ability to work alone when operating snow removal equipment. 7. Ability to complete daily work sheets whether written and/or the use of a computer, tablet, etc. 8. Ability to complete assigned work projects without direct supervision. 9. Ability to respond to questions and comments from the public tactfully and politely. 10. Ability to communicate effectively and maintain working relationships with other city employees, supervisors and the public. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, safety vest, hearing protection, gloves and hardhat. Page 308 of 578 2. Must comply with City of Waterloo Residency Policy for Critical Employees (must live within 30- mile radius of Waterloo City Hall within period as determined by department head). Must maintain a local telephone number where can be contacted quickly. 3. Must submit to Department of Transportation requirements including pre -employment, post - accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 4. The City of Waterloo reserves the right to conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. 5. Must submit to and pass Civil Service examination procedures including an equipment test involving Street Department vehicles and equipment operated in this classification and a panel interview. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of traffic and safety rules. 2. Ability to safely operate specified equipment as well as dump truck, snowplow, sand/salt truck, concrete saw, air hammer and other power and hand tools used in street construction and maintenance work. 3. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic areas or extreme weather conditions. 4. Ability to learn the City street layout 5. Ability to read street signs, chemical hazard labels and written directions of supervisors. 6. Ability to work alone when operating snow removal equipment. 7. Ability to complete daily work sheets whether written and/or the use of a computer, tablet, etc. 8. Ability to complete assigned work projects without direct supervision. 9. Ability to respond to questions and comments from the public tactfully and politely. 10. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds ACCEPTABLE EXPERIENCE & TRAINING 1. High school diploma/GED. 2. Minimum two years of related street construction experience in all types of weather conditions. Experience must be verifiable. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 3. Valid Class A Commercial Driver's License with tanker and air brakes endorsements and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of ten mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be Page 309 of 578 reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient physical and mental stamina, to work up to 16 hours during snow or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio. 4. Sufficient color vision, depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions. 5. Sufficient dexterity to safely operate powered and manual street maintenance tools. 6. Sufficient hearing to understand verbal instructions, respond to questions from the public and hear traffic in work areas. 7. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. 8. For applicants that meet the essential physical abilities standards, reasonable accommodations may be considered WORK SCHEDULE Will be assigned a shift that is 7:00 a.m.-3:00 p.m. or 3:00 p.m.-11:00 p.m. or 11:00 p.m.-7:00 a.m. Will generally work Monday through Friday with twenty -minute paid lunch. Will be required to respond to emergency calls on weekends, evenings and holidays generally caused by weather. There may be significant overtime during severe snow emergencies or flooding. EQUIPMENT EXAMIMATION All qualified applicants who apply by the deadline date will be required to participate in an equipment examination that will test skills in operating equipment used in this job classification. An applicant must receive a minimum of 80 out of 100 points to achieve a passing score on the equipment examination. The equipment examination will count 60% of the overall test score. ORAL EXAMIMATION Those applicants who pass the equipment examination will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An applicant must receive a minimum average score of 60 points out of 100 to achieve a passing score on the oral examination. The oral examination will count 40% of the overall test score. The top applicants, as ranked by their scores as determined by combining 60% of the equipment examination score with 40% of the oral examination score will be the individuals placed on the certified lists. Appointment is Page 310 of 578 contingent on passing a physical examination including a drug test and possession of a good driving record based on the City of Waterloo driver performance criteria. Applicants who qualify as outlined and who are full time regular employees of the City of Waterloo will have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Equipment Operator 11 April 2023 Page 311 of 578 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Todd Derifield, Leisure Services Interim Director Leisure Services Department MEETING DATE January 6, 2025 AGENDA ITEM TITLE Motion to approve the appointment of Vincent Walker from the current Civil Service List to the position of Park Maintenance II - Construction, in the Leisure Services Department, effective January 27, 2025. 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. PARK MAINTENANCE II- CONSTRUCTION 11.2024 Page 312 of 578 Page 313 of 578 PERSONNEL REQUISITION FORM Check as applicable: 0 To start recruiting or civil service process and/or ® To fill a vacancy ® Active Civil Service List Expires: 10/18/2025 A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. *s'adtxee$etF:k'********$toFa4a:*aY1F.$;ysv' ***de>t****d *******9 *************ge*****x>ti* roe*kkr4irica'r&*****at***********Ac**A- Position Title: Park Maintenance II Construction Department: Leisure Services Reports To: Facilities/Project Manager Work Location: Leisure Services Employment Status: ® Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: 171 Non -bargaining Position: ® Yes ® Yes ❑ Yes fNo _1No ® No Recommended Recruitment Sources: ❑ Internal Posting Only C Internal Posting and External Advertising ************************************************************************************************* Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: Steven Schmitz, Park Maintenance II Construction (Specify name and title of former incumbent) If replacement, former incumbent: ® Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment:12/31/2024 Date of final payout: 1/17/25 Anticipated start date: 1/1/2025 No. of hours/week: 40 Work schedule: 7-3:30 M-F Justification of need for position: This position is necessary to address maintenance and safety issues in the City's 52 parks and Leisure Services facilities. Duties include park and playground inspections and associated maintenance to include rough and finish carpentry, masonry, facilities maintenance and duties as assigned. What are the likely consequences if the position is not filled? Park maintenance and safety related maintenance will not be completed. APPROVALS Annual salary requirements: $64,563 Hourly Rate: $31.04 Benefits: $36,941 (Payroll taxes, pension, health ins,- assuming family) Is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded? Approved subject to the following conditions: Submitting Department ad 1 w 11/18/202410:34 AM EST ►0I Date Chief Financial Officer ka.11 Fe.LA.55 11/19/2024 09:25 AM EST Date Human Resources Committee Chairperson Date Qaerin 11/17/2024 06:32 PM EST Mayor La.11 -e Du 11/18/2024 10:11 AM EST Date Human Resources Director Date Created 6/30/2017 Page 314 of 578 CITY OF << ,TERLOO ! � ..,x. IOWA Community of Opportunity DEPARTMENT LEISURE SERVICES SALARY $30.04, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES Performs construction, maintenance and repair of Leisure Services buildings, structures and facilities. The work is performed under the general direction of the Facilities/Project Manager and supervision of the Construction Foreman but often works independently and with minimum supervision. Supervises seasonal or part- time employees as assigned. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Performs rough and finish carpentry, masonry, and concrete flatwork and general facility maintenance related to construction. 2. Performs safety inspections on playground equipment 3. Installs, maintains and repairs playground equipment, picnic tables, grills, chairs, benches and chain link fences. 4. Prepares and paints Leisure Services structures, facilities, playground equipment and signs. 5. Assists park maintenance crews with mowing and snow removal as needed. 6. Operates light and heavy-duty trucks, tractors, backhoe, trencher, power tools, and hand tools and snow removal equipment. 7. Participates in department preventive maintenance program for vehicles and equipment. 8. Responds to questions from the public concerning Leisure Services building maintenance and repair work. 9. May assist other departments with building construction, maintenance projects and snow removal. 10. Directs the work activities of part time and seasonal workers as assigned. 11. Workload varies and may be repetitive. 12. Works independently and with others with minimum supervision. Page 315 of 578 13. Works outside in all weather conditions; works around mechanical, hydraulic and electrical hazards; work environment is dirty; low visibility during unfavorable weather; operates equipment and tools that cause vibration; noise level is frequently loud; walking surface may be uneven, wet, muddy, or slippery. 14. Attends work regularly at the designated place and time. 15. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Leisure Services safety rules and regulations. 16. Inputs and receives data collected on computer applications via phone, tablet or computer. 17. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Thorough knowledge of techniques and principles of park facilities construction and maintenance and of the occupational hazards and safety procedures of the work. 2. Knowledge of occupational hazards involved with and the safety precautions necessary when performing building maintenance and construction or operating powered equipment and tools. 3. Knowledge of the tools and equipment used in the construction of facilities and buildings, 4. Ability to read, interpret and follow blueprints and plans of the construction trade. 5. Knowledge of and ability to safely operate a variety of machines and equipment including light and heavy-duty trucks, tractors, backhoe, trencher, powered and manual tools of the trade. 6. Ability to read and understand chemical hazards labels and written or verbal directions of supervisor. 7. Ability to respond to questions and comments from the public tactfully and politely. 8. Ability to communicate effectively and maintain working relationships with other City employees, supervisors, and the public. 9. Ability to use phone, tablet, or computer to input and receive data. 10. Ability to work with people from a broad variety of social, economic, racial, ethnic, and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED. 2. Minimum four (4) years of experience in building construction OR Any equivalent combination of experience and training that provides the knowledge, skills and abilities necessary to perform the work. 3. Iowa Valid driver's license and good driving record based on City of Waterloo driver performance criteria. Iowa Class A Commercial driver's license required within 6-month probation period. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citation for moving violation with the previous three-year period, excluding speeding violation of 10 mph or less over the posted speed limit; three or more citations for moving violations with the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or Toss of license or conviction for OWI, Page 316 of 578 reckless driving or other major moving violation within the previous five years; two or more at - fault accidents within a three-year period while driving on City business; three or more at -fault accidents within a three-year period. And applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks (lifting up to 60 pounds with weight distributed among crew members. 2. Sufficient strength and stamina to perform strenuous activity such as carpentry, masonry, and concrete flatwork. 3. Sufficient speech and hearing that permits the employee to communicate effectively with other workers in person or over a radio, and to safely operate equipment. 4. Sufficient depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions; sufficient dexterity to safely operate powered and manual construction tools and equipment; sufficient hearing to understand verbal instructions, respond to questions from the public and diagnose equipment malfunctions. 5. Sufficient personal mobility that permits the employee to safely operate a variety of motorized and non -motorized park and snow removal equipment in all types of weather. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, hearing protection, gloves, protective clothing and respirator. 2. Must submit to Department of Transportation requirements including pre -employment, post - accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 3. Following a conditional offer of employment, the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical and drug test will result in withdrawal of the employment offer. 4. The City of Waterloo reserves the right to conduct a background investigation including driving, employment and education on any applicant being considered for this position. After a conditional offer of employment is made a criminal history record search may also be completed. 5. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Will generally work Monday -Friday 7:00 a.m. - 3:30 p.m. with a half-hour unpaid lunch. May be required to work significant overtime on special construction projects, snow removal, or other weather -related emergencies. EXAMINATION INFORMATION Qualified candidates who apply by the deadline date will be required to appear before an interview panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the Page 317 of 578 interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the armed forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service -connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. ORAL EXAMINATION DATE Qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. PARK MAINT 11- CONSTRUCTION 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 318 of 578 PERSONNEL REQUISITION The following questions are provided as guidelines to assist you in developing your rational for the position of Park Maintenance II Construction in the leisure Services Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Performs construction, maintenance and repair of Leisure Services buildings, structures and facilities (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. All other employees are being used to their fullest potential.. (3) How is the work of this position being accomplished now? This work is not getting completed since position was vacated by resignation of former employee (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? Filling this position would allow for more timely safety and park inspections and maintenance in the city's 52 parks and Leisure Services facilities. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? This position keeps the parks and playgrounds safe reducing the city's liability claims and protects the users of the parks and playgrounds from injury. The maintenance done on facility structures and buildings increases the longevity of their usefulness and increases the time before replacement. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid Page 319 of 578 out or earned that is directly attributable to this position and over what period of time? It would require 40 hours of overtime or comp to replace this position weekly. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The work load and demand for the Park Maintenance II Construction position is constantly increasing every year. Any time a new trail, playground or amenity is added it creates maintenance and inspection requirements. Also the aging of our park system is requiring more maintenance requirements than before. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. The Park Maintenance II Construction position is responsible for safety and maintenance of the park system. By reducing the position by one person creates a 25% reduction in maintenance and safety related inspections and repairs in the city's 52 parks and creates liability issues for the city. Leisure Services would be forced to use overtime and comp to complete work not completed by reduction in staff. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The Park Maintenance crew prioritizes all responsibilities and completes task based on priority. This method creates a backlog of maintenance concerns that remains uncompleted or repaired. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? This position is required to multi -task and change directions at any given time. The employee has to be proficient in all kinds of repairs and maintenance. The repairs usually happen simultaneously during the inspections. This being a skilled trade position I see an increase in cost to the city if this position was outsourced. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Page 320 of 578 All positions within Leisure Services are important to the safety and the wellbeing of the City as a whole. They work together to achieve a common goal to create a safe and well maintained park system within the city. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position supports Goal 7 Sportstown USA of the 2030 Vision Plan. All Leisure Services staff help to maintain and enhance City amenities and promote quality of life/attractiveness within the City. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 321 of 578 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Leisure Services Department January 6, 2025 AGENDA ITEM TITLE Motion to receive and file Leisure Services Commission Board minutes of October 8, 2024, and November 12, 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 10-08-2024 2. Board Minutes 11-12-2024 Page 322 of 578 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, October 8, 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 7:30 AM. Present: Council Liaison Dave Boesen, Jessica Rucker, Ellen Vanderloo, Tom Christensen, Robert Welch, Allison Richter Staff: JB Bolger, Todd Derifield, Chris Dolan, Bob Etringer, Travis Nichols Absent: Council Liaison Nia Wilder, Tom Powers, Tim Moses Tom Christensen called for approval of the agenda. Ellen Vanderloo motioned to approve the agenda, second by Jessica Rucker. Ayes: All Nays: None Tom Christensen called for motion for the approval of the September 10, 2024 meeting minutes. Allison Richter motioned to approve the meeting minutes, second by Ellen Vanderloo. Ayes: All Nays: None REVIEW OF BILLS Tom Christensen called for approval of the bills. Questions were answered. Motion by Jessica Rucker to approve September 2024 bills, Allison Richter made a second. Ayes: All Nays: None STAFF UPDATES Sports and SportsPlex — Bob Etringer Flag football has started for 1st through 6th graders. There is sixteen teams that play at Riverfront Sports Park. Fall Adult Volleyball is being played at Central Middle School and there is about forty teams. Youth Basketball games are taking place at the Sportsplex on Saturday mornings and that consist of eleven teams with 1st and 4th graders. At the Sportsplex staff is currently working on advertising packages to help drive memberships for the new year. We are looking for a new software to run direct withdraw/ACH payments from members accounts. This would provide us a large saving on credit card fees. We are also looking at adjusting membership rates for 2025. Events that are upcoming would be wrestling this Saturday October 11th. Adult soccer league will begin the last week in October. Youth volleyball rentals will begin the first week of November. Young Arena — Chris Dolan Waterloo Blacks home opener was on Saturday September 28th vs Des Moines, attendance was 2,100. The next Black Hawks home game will be Friday October 11 th vs Muskegon. The Waterloo Warriors will be hosting Mason City in an exhibition game on Sunday October 13. The Warriors home opener will be November 2&3 vs Sioux City. The NCAA regulations pertaining to player eligibility for hockey will possibly be changing soon. There will be more information in the near future. Page 323 of 578 Construction, Projects — Travis Nichols The construction crew continues to do full time garbage and restroom routes, park inspections and maintenance from those inspections. The water shutdown in the parks has started this week with drinking fountains and smaller less used parks. All water will be shut down by end of the month. The splash pad was closed on September 22nd and was winterized by the contractor as it is still an open project. City staff did receive a training on how to shut down the splash pad. The play side will be shut down on October 30th. The crew installed memorial pads at Gates Golf and Gates Park. Memorial pads are a bench and plaque on concrete slab purchased by someone from the public. Information is on Leisure Services website. The Gates project is moving along with the basketball standards installed, restroom painting and amphitheater work. We are waiting on weld inspection this Friday for amphitheater structure. Sulentic Park has been staked for the new shelter. Leisure Services will look for future funding to complete sidewalk from shelter to playground. We are doing signage at Greenbelt Lake as part of the REAP Grant. This is final piece so we can close out project. An update on shelter rentals as of end of season 2024. We normally average between $1800-$2200 for revenue on shelters until we made the rate change and addition of more rentable shelters. In 2022 we rented 3 shelters at half and full day rates of $15/$30 respectively. We reserved 112 shelters with revenue of $2685.00. In 2023 we increased rentable shelters to eleven and eliminated half day rentals. The fees for renting increased to $60 for small shelters and $120 for our three larger shelters. We reserved 165 shelters in 2023 for a revenue total of $11,190.00. In 2024 we added two more shelters for a total of 13. We had 209 reservations for a total of $13,420.00 in revenue. With the increased rentals does come the increase in manpower needed to clean and prep them before and after rentals. We have enforced the rule for not cleaning up shelter after your rental twice with renters and were able to receive payment from one renter. The other renter was released from their responsibility to pay cleaning fee as it was not proven it was their group that caused mess as there was multiple rentals at that location that weekend. Golf and Downtown Area — JB Bolger Golf Rounds Report was distributed showing 6,501 rounds more than at the same point in the season last year. We have hired Apex Structural Engineers to create pole building style structural construction plans for a new 40 X 40' South Hills Maintenance Building that will have an office, restroom, chemical storage, and a single heated shop bay. We plan to hire Align Architecture to take those structural plans and add in mechanical, civil, electrical, and plumbing components and then help us get the project out to bid. The old South Hills Maintenance Building will have the office and restroom demolished out of it but then kept for cold storage of equipment until such time that funding is available to add an addition to this new structure. We are studying the golf rate structure which has been unchanged for two full seasons. We will likely bring a new rate structure with small or incremental increases to the Commission next month for their review/approval. Two weeks ago we completed a number of Construction II and Construction Foreman interviews. We have been down one full time Construction staff member since a retirement in June. The Civil Service Lists for these positions will be certified later this month and then we can make appointments. Page 324 of 578 The next regular Leisure Services Commission Meeting will be held Tuesday, November 12, 2024. Jessica Rucker made a motion to adjourn the meeting, second by Allison Richter. Tom Christensen adjourned the meeting at 8:13 AM. kr Jessica Rucker , Secretary Page 325 of 578 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, November 12, 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 7:32. Present: Jessica Rucker, Ellen Vanderloo, Tom Christensen, Allison Richter, Tom Powers, Tim Moses Staff: JB Bolger, Todd Derifield, Chris Dolan, Bob Etringer, Travis Nichols Absent: Council Liaison Dave Boesen, Council Liaison Nia Wilder, Robert Welch Toni Christensen called for approval of the agenda. Jessica Rucker motioned to approve the agenda, second by Tom Powers. Ayes: All Nays: None Tom Christensen called for motion for the approval of the October 8, 2024 meeting minutes. Torn Powers motioned to approve the meeting minutes, second by Ellen Vanderloo. Ayes: All Nays: None REVIEW OF BILLS Tom Christensen called for approval of the bills. Questions were answered. Motion by Ellen Vanderloo to approve October 2024 bills, Jessica Rucker made a second. Ayes: All Nays: None WATERLOO MUNICIPAL GOLF RATES FOR 2025 JB Bolger presented information on area golf rates. He presented proposed rates for the 2025 golf season. See attached. Tom Powers made a motion to approve the rate changes as submitted, seconded by Allison Richter. SPORTSPLEX RATES FOR 2025 Bob Etringer presented information on surrounding facilities' rates. He presented new rates for 2025. See attached. Tom Powers made a motion to approve the rate changes as submitted, seconded by Allison Richter. DONATION TO WATERLOO LEISURE SERVICES FROM THE ESTATE OF DONNA BARTLEY REED A donation of $168,365.94 from The Estate of Donna Bartley Reed was received. The requested use of these funds is park improvements. These funds will be used to add a new play structure at one of the city's parks. REQUEST OF RENAMING THE RIVERVIEW RECREATION AREA A request has been made to rename The Riverview Recreation Area to Paul Huting Recreation Area. The request is to commemorate Paul Huting's long and impressive career at The City of Waterloo. Tom Powers made a motion to recommend to the city council to approve the name change of The Riverview Recreation Area to Paul Huting Recreation Area, second by Ellen Vanderloo. GOLF CART RENTALS The concern of cart pricing when having a spectator ride along was discussed. JB explained that the pricing and regulation of carts is not controlled by the city. The contact for those questions and concerns would be the PGA Professionals. Page 326 of 578 STAFF UPDATES Sports and SportsPlex — Bob Etringer Winter advertising through OnMedia will start this month. With the weather changing member activity has been busy. Rentals will start to pick up in the next few weeks- this year a new rental schedule has been put in place to accommodate members. Less rental times are available to give members more time in the gym and on the turf. Construction, Projects — Travis Nichols The water shutdown of the park system is complete. Exchange Park was the last to be shut down due to flag football. We are transitioning over to the winter garbage route and removing cans from the parks interior and placed in parking lots. Staff continue to do park inspections and general maintenance of those inspections. Sulentic Park shelter installation has started and the additional sidewall to playground has been installed. Gates and Byrnes projects are moving along as scheduled with Woodruff calling for possible substantial completion of the project in November. Crew installed two benches and prepped concrete slab for pollinator garden interpretive signage for spring. We are moving forward with the CDBG for Edison basketball court and Sullivan swing set replacement. Golf and Downtown Area — JB Bolger October was another good month for golf business. At the end of the month, we had recorded 8,503 rounds more than at the same point last year. The initial proposal for architecture services for the new maintenance building at South Hills Golf Course came in higher than expected so we have reached out to another firm for a proposal. We hope to have that later this week. We are preparing snow removal equipment by putting cabs on equipment and we will check and fire up the snowmobile to make sure it is ready for cross country ski trail grooming. Recent pictures of Sulentic Park new shelter and new sidewalks and Bynes Pool were passed around. Young Arena — Chris Dolan The Waterloo Warriors will be at Young Arena Thursday Nov 14 vs Des Moines Oak Leafs. Waterloo Black Hawks have a five -game home stand, November 15&16 Tri City, 22& 23 Lincoln, 28 Cedar Rapids on Thanksgiving night. Waterloo Youth Hockey Association Peewees will be hosting Cedar Rapids and Dubuque on Saturday November 16. Availability of Locker rooms has become an issue that will need to be addressed with modifications to multi -purpose rooms 1&2 to allow more flexibility for locker room scheduling Page 327 of 578 The next regular Leisure Services Commission Meeting will be held on Tuesday, December 10, 2024. Jessica Rucker made a motion to adjourn the meeting, second by Toni Powers. Tom Christensen adjourned the meeting at 8:35. U701 Jessica Rucker l2�lul2�- Date Secretary Page 328 of 578 GOLF FEE PROPOSAL 2025 2024 Proposed CASH DISCOUNT 2025 Proposed Credit/Debit 2025 Adult Daily Fee 25.00 26.00 27.04 9 Hole 18.00 19.00 19.76 2nd 9 Holes 7.00 7.00 7.28 Junior Daily Fee 10,00 10.00 10.40 Senior Daily Fee 24.00 25,00 26.00 Young Adult Daily Fee 22,00 23.00 23.92 MTW Tee Off Before 1:00 PM Special 28.00 30.00 31.20 6:00pm to Sunset 30.00 32.00 33.28 October Weekday 18.00 19.00 19.76 Winter Rate 12.00 13.00 13.52 18 Hole Punch 230.00 240.00 249.58 9 Hole Punch 170.00 180.00 187,18 Adult Season 900.00 950.00 987,91 Junior Season 100.00 100.00 103.99 Senior Season 850.00 900.00 935.91 Senior Weekday Season 780.00 830.00 863.12 Young Adult Season 600.00 650,00 675,94 Family Season 1400.00 1500.00 155.99 Junior Morning Pass 10.00 10.00 10.40 Mini Season Ticket 75.00 75.00 NIA Hawkeye CC Ticket 150.00 150.00 N/A Page 329 of 578 PROPOSED MEMBERSHIP RATE INCREASE: 2025 ANNUAL MEMBERSHIPS MEMBERSHIP TYPE ADULT QTY PROPOSED FEE CURRENT FEE INCREASED REVENUE 63 $565.00 $550.00 $945.00 ADULT PLUS *MEW +CW8 LOCKER 8 $740,00 $720.00 $160.00 YOUTH 16 $320,00 $308.00 $192.00 COLLEGE 8 $375,00 $363,00 $96.00 SENIOR 92 $320,00 $308.00 $1,104.00 SENIOR PLUS 96 $490.00 $478.00 $1,152.00 FAMILY 193 $850.00 $825.00 $4,825.00 FAMILY PLUS •MEMB+CHILD CARE 99 $925.00 $900,00 $2,475,00 SENIOR COUPLE 96 $545.00 $528.00 $1,632.00 COUPLE 74 $740,00 $715.00 $1,850.00 CLUB LOCKER $300.00 $300.00 $0.00 CHILD CARE $200,00 $180,00 $0,00 Increased Annual Revenue $14,431.00 MONTHLY MEMBERSHIPS MEMBERSHIP TYPE '' QTY PROPOSED FEE CURRENT FEE INCREASED REVENUE ADULT 334 $54.00 $50,00 $1,336.00 ADULT PLUS *MEW + CLUB LOCKER 38 $65.00 $63,00 $76.00 YOUTH 122 $35.00 $28.00 $854,00 COLLEGE 85 $38,00 $33.00 $425.00 SENIOR 128 $30.00 $28,00 $256.00 SENIOR PLUS 11 $46.00 $40.00 $66.00 FAMILY 1100 $75,00 $75,00 $0A0 FAMILY PLUS. *MEMB + CHILD CARE 335 $90.00 $82,00 $2,680.00 SENIOR COUPLE 106 $50.00 $48.00 $212.00 COUPLE 321 $68.00 $65.00 $963,00 CLUB LOCKER $25,00 $25.00 $0.00 CHILD CARE $25.00 $15.00 $0.00 Increased Monthly Revenue $6,868,00 ENlE INC DAY PASSES QTY PROPOSED FEE CURRENT FEE INCREASED REVENUE ADULT/YOUTH 8494 $10.00 $8.00 $16,988.00 SENIOR 1210 $5,00 $5,00 $0.00 FAMILY 786 $20.00 $18.00 $1,572,00 INCREASED ADMISSION REVENUE $47,902 00 Page 330 of 578 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Airport Department January 6, 2025 AGENDA ITEM TITLE Motion to receive and file Airport Board minutes of November 13, 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 Meeting Minutes of November 13, 2024 Page 331 of 578 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday, November 13, 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, Katy Susong, David Deeds Board Members Absent: Arlene Humble City Officials Present: John Chiles, Council Liaison City Officials Absent: Ray Feuss, Council Liaison Airport Staff Present: Steven Kjergaard, Sheila Combs Additional Attendees: David Hughes, AECOM; Amanda Newton, Livingston Aviation Major Robert Green, Civil Air Patrol; Marty Hoel, AOPA II. AGENDA AS RECEIVED OR AMENDED No changes. III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Kjergaard reviewed his written report, highlighting that the Taxiway A project is substantially complete. There will be a short closure in the spring for dirt work. Discussed upcoming projects, including that AECOM will be doing the design work for the upcoming runway projects in advance of the grants being awarded, in order to have them ready to go if we can get discretionary funding for the construction projects. We will be reimbursed for the design work once the grants are issued. B. Misc. Monthly Airport Reports No discussion. 1 Page 332 of 578 V. BOARD APPROVAL A. Approval of Minutes of the September 25, 2024 Meeting Mrs. Berry moved approval of the minutes of the September 25, 2024 meeting, seconded by Mr. Bering. Ayes: 4. Motion carried. B. Motion to Receive and File September 2024 Expenses Mr. Deeds moved that the September 2024 expenses be received and filed, seconded by Ms. Susong. Ayes: 4. Motion carried. C. Motion to Receive and File October 2024 Expenses Mrs. Combs passed out corrected copies of the October expenses. Mrs. Berry moved that the October 2024 expenses be received and filed, seconded by Mr. Deeds. Ayes: 4. Motion carried. VI. OLD BUSINESS A. Discussion of Car Rental Center Possible changes to rental car parking and facilities were discussed. These ideas are conceptual only, and actual changes would be dependent on adding additional rental agencies at the airport. B. Discussion of Expanded Air Service Options Mr. Kjergaard stated that he believes following up with Breeze, after the first of the year, would be the best option currently available. C. Discussion of New Revenue Streams Mr. Kjergaard stated that he is starting to check into solar options, as we could possibly rent 40 to 50 acres for a solar field at two to three times the new farm lease rate. Storage facilities are still a possibility, but the upfront cost of construction may prevent that option. Also discussed possible additional land releases to the city for industrial use, however, the consensus of the Board was that the land around the airport is a finite resource and really should be used to benefit the airport. If the city continues to take land away from the airport, it's going to be more and more difficult to remain self-sustaining. VII. NEW BUSINESS A. Opportunity for CAP Classroom/Cafe Conversion Major Rob Green presented his ideas for converting the mostly unused restaurant/cafe space into a classroom for monthly Civil Air Patrol meetings. The space would also then be 2 Page 333 of 578 available for monthly EAA (Experimental Aircraft Assoc) meetings, for annual FAA Runway Safety meetings, and other to -be -determined uses. Major Green also asked if the airport might be able to purchase or provide desks, chairs, podium and TV to outfit the space, as the CAP budget is tight. There is an unused podium in the conference room that can be moved to the classroom. Mr. Bering stated that John Deere often has desks, tables and chairs on hand that are no longer in use. He will check to see if appropriate items might be available. Mrs. Berry moved to direct the Airport to provide the necessary equipment for this classroom space, seconded by Mr. Bering. Ayes: 4. Motion carried. B. Discussion of Goals Due to the length of the meeting, this item was again tabled. A special meeting will likely need to be held for this discussion. It was suggested that the December meeting, which will be moved up one week due to Christmas, be designated as a goal -setting meeting. VIII. STAFF AND BOARD MEMBER COMMENT None. IX. ADJOURNMENT Ms. Susong moved the meeting be adjourned at 1:13 p.m., seconded by Mrs. Berry. Ayes: 4. Motion carried. Respectfu1y submitted' tt Voigt, Chairpe 3 Page 334 of 578 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 AGENDA ITEM TITLE Complete Streets Advisory Committee minutes of October 29, 2024. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION January 6, 2025 NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Minutes Complete Streets 10-29-24 Page 335 of 578 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting October 29, 2024 The Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:33 pm on October 29, 2024, by Chairperson Young in the Mollenhoff Conference Room at Waterloo City Hall. Roll Call: Members present: Aric Schroeder, Oumie Ceesay, Jessica Rucker, Dwight Diercks, Curtis Young, John Dornoff, David Sturch, Kevin Demler, and Kyle Durant. Members absent were: Kathryn Gilbery, Felicia Cass and Ray Feuss. Other attendees: Wayne Castle — City of Waterloo Engineering; Tina Shellhorn — Traffic Department; JB Bolger — Waterloo Leisure Services and Michelle Sweeney — AECOM. It was moved by Schroeder and seconded by Durant to approve the minutes of the September 24, 2024 meeting as amended to show Jessica Rucker not present at the meeting. Motion carried unanimously. Agenda Items: 1. Update with cost estimate on the potential for Trail Lighting under Hwy 218 • Cost estimate is $13,500, which is less than the original estimate. • Cost estimate only includes lighting under the bridge and electrical to power it. • Funding could come from the University Avenue TIFF district, which borders the middle of US Highway 218, and may be able to use the funds to improve the trail. • Consensus was that the cost was very reasonable. 2. Walnut Area East 3' Improvements • Members met with staff from the Boys/Girls Club, Center for the Arts and Mohammad Elahi. • Looking at an art project to improve the perception of safety in the area. • Center for the Arts is willing to help with the design. • The Traffic Department volunteered paint for the project. • Looking to have the project ready to go by mid -spring. • There will need to be some design tweaks. • Boys/Girls Club and the Walnut Neighborhood Association are willing to maintain the artwork. • The project is being shared with social media. • Crosswalks will have to be maintained. • Advocating for bump outs could be extended throughout the city. 3. Gates Park Area, East Dale Street Sidewalk Infill • Ceesay estimated the cost of installing a sidewalk along Dale Street to connect with Gates Park to be $26,243. • It would link up with the trail on the Mildred Avenue side of Gates Park. • Should it be added to the request for CIP? • From observations there seems to be a lot of foot traffic along the street. • Dale Street has a 50-foot right-of-way. • Should something be taken off the request list that was approved last month or add it? • With adding this section the request would be $176,000 and add it to where it would be scored. It was moved by Durant and seconded by Diercks to add Dale Street to the list of projects for the CIP request. Motion carried unanimously. Page 336 of 578 Complete Streets Advisory Committee Minutes October 29, 2024 4. West Park Avenue Bike Lane Reconfiguration/Painting • Question on how to paint the lines on West Park Avenue. • The street is not as wide as on the east side of the bridge. • West Park Avenue needs to be reconstructed but is not on the current project list. • $2 million/20% will be lost from the Local Option with the money going to property tax relief. • The road will be restriped from the bridge to Commercial Street. • There will be no parking on the Courier building side of the street. • Originally looking at five stalls in front of the US Bank building and 5 stalls in front of the library but now there will be between 0 and 2 spaces by US Bank. • Cedar Street to Commercial Street may be 2 lanes and a turn lane plus the bike lane. • No green paint on West Park Avenue at this time. 5. Upcoming Planning Commission Agenda Review • Schroeder went over the Planning, Programming, and Zoning Commission agenda. There were no comments or recommendations. 6. Other Project Status Updates • Park Avenue Bridge. o Park Avenue painting/striping should be done in the few weeks. o Waiting for the railings which will most likely be here next month. • 11 Street. o Paving on the north side of the bridge should happen next week. o Hopefully the bridge will be open by the end of the year but the sidewalk will wait to next year. • Discussion on the Kayak pull out area on the Cedar Valley Lakes Trail north of the Park Avenue bridge. • The SS4A consultant is working on a draft plan. Discussion Items: • The Committee acknowledged the completion of service of committee member Paul Huting. • Elections will be held in November. • Durant noted that Aldina Dautovic has given her notice and will be leaving INRCOG. It was moved by Rucker, seconded by Durant to cancel the December meeting. Motion carried unanimously. Adjournment Young adjourned the meeting at 2:39 p.m. Respectfully submitted, John Dornoff Planner II 2 Page 337 of 578 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 January 6, 2025 AGENDA ITEM TITLE Historic Preservation Commission minutes of August 20, 2024, September 17, 2024, October 15, 2024, and November 19, 2024. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Historic Minutes 8-20-24 2. Historic Minutes 9-17-24 Page 338 of 578 3. Historic Minutes 10-15-24 4. Historic Minutes 11-19-24 Page 339 of 578 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING — August 20, 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, Cole Weliver, Nick Hedrick, Ed Ottesen, Susan Price, Hector Salamanca Arroyo, and Terry Stevens (arrived at 4:41 and left at 5:00pm) Commission Members present electronically were: Matthew Gilbert Commission Member(s) absent were: Ivan Valtchev Others present were: Lexi Schneider - Planning Staff, Tim Hurley, and Dr. Belinda Creighton - Smith — City Council Liaison (Zoom) Approval of Agenda Motion made by Hedrick, seconded by Price to approve the agenda of the August 20, 2024 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Hedrick, seconded by Weliver to approve the minutes of the July 16, 2024 regular meeting. Motion carried unanimously. Oral Presentations No Report Hearinis No Hearings Building/Proiect Consultation No Report Discussion Items/Possible Action Items 1. World War II Heritage City Tim Hurley presented on the World War II Heritage City. He explained that the Heritage City started in 2019 with Wilmington, North Carolina being the first World War II Heritage City. A short summary on the contributions Waterloo made in World War II was given including details about the achievements the city completed, how many individuals joined the war from Waterloo, and the Waterloo National Guard "Ironman Battalion" history. The different companies in Waterloo and what they manufactured to help with World War II was summarized. For example, -1- Page 340 of 578 Rath Packing had 27 refrigerated rail cars leave the plant daily with food for the soldiers. The Five Sullivan Brothers history was summarized by Hurley. Tim explained when he heard about the Heritage City designation, he informed Mayor Hart because one requirement was that the application had to be endorsed by a Mayor or a County Supervisor. Mayor Hart advised that the application wait to be compiled and submitted until the Five Sullivan Brothers Museum. The group did wait and compiled a 37 page application, which is available online The group found out that they had received the World War II Heritage City Designation in December. Hurley explained they have been researching what other communities with the designation have done to celebrate it. For example, there have been press releases, the logo has been used on different signs and letters, and there have been large celebrations with flags on light poles. Hurley shared a list of the individuals that helped with the application. He noted that Waterloo is Iowa's only World War II Heritage City. The team has looked at how to celebrate the designation and has come up with different ideas, including using the logo on city letterhead, press releases, signs, brochures, and magazines, and having a walk for the 8th graders to help educate them on World War II. They are targeting the end of 2025 to have a celebration because it is the 80th anniversary of the end of World War II. Hottle asked if the sites of the industries that were involved in World War II are known, to which Hurley explained they are known, but many of the buildings are gone and some do have memorials now, such as the Rath Packing area. Hedrick questioned if this presentation is something that could be shared with Main Street Waterloo, to which Tim confirmed it is. Gilbert noted that this could be a good item to celebrate at the Historic Preservation Commission Awards Banquet in May. 2. Dunsmore House Schneider noted that the Dunsmore House has been shown to two prospective contractors that were interested in rehabilitating the home. There has been no response from either of them after the tour. Hottle explained that Allen Speller is still evaluating how much it will cost to rehabilitate the building. Hedrick questioned if the $80,000 would still be something that could be given to someone to fix it up. Schneider explained that a Development Agreement with an incentive package would likely be available to an entity to fix it up as long as the City Council would approve it, but it is not known right now how much that would be. Gilbert questioned if it is possible to start applying for grants to fix up the structure, to which Schneider noted that City Council would have to approve the grant applications before they are sent. Hedrick explained that since there are entities looking at purchasing the site, the city should not apply for grants because the prospective buyers would have to apply for the grants. -2- Page 341 of 578 Discussion Items: 1. Grout Museum Black Stories Collective Exhibit Letter of Support Gilbert explained that he signed a letter of support for the Grout's grant application to expand the Black Stories Collective Exhibit on behalf of the Historic Preservation Commission. Schneider stated that she did draft the letter of support after the Mayor and Noel Anderson requested the Historic Preservation Commission send a letter for the Iowa Arts Council grant that will help the Grout expand the Black Stories Collective Exhibit. 2. Waterloo Youth City Council Gilbert said the Historic Tour for the Youth City Council and their families will be September 20, 2024 from about 8am to 1pm. The Tour will start at Allen College and go to multiple different sites within Waterloo by using the MET bus system. The Civil Rights Marker sites will be on the tour. Dr. Belinda Creighton -Smith stated that a tour and curriculum with the Waterloo Schools is still being developed. Pictures of what the east side of Waterloo looked like before Urban Renewal are being requested to be included in the curriculum. Adjournment Motion made by Hottle, seconded by Hedrick to adjourn the meeting at 5:35 p.m. Respectfully submitted, Lexi Schneider Planner I 3- Page 342 of 578 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING — September 17, 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 4:33 p.m. Commission Members present were: Jared Hottle, Nick Hedrick, Ed Ottesen, Susan Price, and Terry Stevens Commission Members present electronically were: Matthew Gilbert Commission Member(s) absent were: Ivan Valtchev, Cole Weliver, and Hector Salamanca Arroyo Others present were: Lexi Schneider - Planning Staff, Tim Kuhlmann Approval of Agenda Motion made by Hedrick, seconded by Price to approve the agenda of the September 17, 2024 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Price, seconded by Ottesen to approve the minutes of the August 20, 2024 regular meeting. Motion carried unanimously. Oral Presentations No Report Hearinis No Hearings Building/Proiect Consultation No Report Reports 1. Main Street Ottesen explained that the Design Council approved items, such as the Park Avenue bridge historic marker, the River Plaza restricted access gates and signs for security, and digital display signs. The following items were tabled due to lack of information: Martin Flats, Elevate, and Prime Time Social Club. The Red Apple has removed the panels and discussed different facade options with the Design Council. -1- Page 343 of 578 Ottesen stated that planning has begun for flowers next year and changes are being proposed. There are a few events coming up that will need volunteers. Hedrick noted that the Main Street Dinner across the Bridge is scheduled for Saturday, September 21 and tickets are $75 for an individual and $400 for a table. 2. Silos and Smokestacks No Report 3. Grout Museum Tim Kuhlmann noted that the Haunted House Tour for historic homes is coming up in October. 4. Highland Neighborhood Hedrick stated that the annual shindig in the park was well attended. All the members of the Neighborhood Association were voted back in. Schneider gave an update on 1003 Vine Street and Hedrick explained that it does not appear any work has began on the outside of the structure. 5. Walnut Neighborhood No Report Discussion Items/Possible Action Items 1. Dunsmore House Schneider explained that there has been no further discussion from last meeting and staff has no update on prospective buyers at this point. At the last meeting, it was discussed to set up a work session with the City Council to further discuss the Dunsmore House but talking points have not been clarified yet. Gilbert questioned if staff could follow up with the individuals that have toured the home and see if they are still interested in working on the project to which Schneider confirmed she can do that. 2. School Art Proiect Stevens noted that it would be good to start before the 2nd semester of school and get information out to the schools right after Thanksgiving. It was explained that Dr. Belinda Creighton -Smith mentioned at the last meeting that she is working with the Waterloo Community Schools to incorporate local Waterloo history into the 8th graders curriculum and they are shooting for a March launch date. -2- Page 344 of 578 3. Collaborations a. Waterloo Youth City Council Historic Tour Gilbert said the Waterloo Youth City Council Historic Tour will visit the civil rights history marker sites, the Highland Neighborhood, and many other historic properties throughout Waterloo. There are 25 seats available on the bus for the historic preservation commission members, alien hospital individuals, and the Waterloo Community Schools. The bus will be loaded at 8:45am at Allen Hospital. Terry will speak along the tour on behalf of the Historic Preservation Commission. A letter was sent from the Waterloo Youth City Council inviting the commission on the tour. 4. Goals and Action Plans No Report Discussion Items: 1. Courier Building Letter of Support Schneider explained that the National Park Service is considering that the period of significance for the Courier Building is when the metal panels were on the structure, therefore it is difficult for the developer to remove the metal panels and place windows on the second and third stories. There were windows along the 2nd story when the building was originally built. A letter has been drafted on behalf of the Historic Preservation Commission to the National Park Service to allow the structure to be returned to its original architecture with windows along the 2nd and 3rd stories. Hedrick questioned if the Historic Preservation Commission is the only one that is being requested to do a letter, to which Schneider stated that at this time it is the only one. Hedrick noted that a letter should be requested from Waterloo Development Corporation, Main Street Waterloo, JSA, and other entities to also request that the developer be able to place windows on the second and third floors. The commission requested that they see the plans for the building if they are available. It was questioned if the structure is in the Waterloo West Commercial Historic District, to which Schneider stated that she could check. The commission had no concerns signing off on the letter and sending to the National Park Service. Adjournment Motion made by Hottle, seconded by Hedrick to adjourn the meeting at 5:15 p.m. Respectfully submitted, Lexi Schneider Planner I -3- Page 345 of 578 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING — October 15, 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 4:32 p.m. Commission Members present were: Jared Hottle, Nick Hedrick, Ed Ottesen, Cole Weliver, and Susan Price Commission Members present electronically were: Matthew Gilbert Commission Member(s) absent were: Ivan Valtchev, Hector Salamanca Arroyo, and Terry Stevens Others present were: Lexi Schneider - Planning Staff, Ted and Teffany Barker - Applicants Approval of Agenda Motion made by Hedrick, seconded by Price to approve the agenda of the October 15, 2024 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Hedrick, seconded by Price to approve the amended minutes of the September 17, 2024 regular meeting to include a note that the Waterloo Youth City Council sent a letter inviting the Historic Preservation Commission to their historic tour. Motion carried unanimously. Oral Presentations No Report Hearings 1. Request by Emma Barker for a Certificate of Appropriateness to allow for the replacement of the existing siding with LP smart siding, replacement of all windows with vinyl double hung windows, replacement of all gutters and fascia, and replacement of the front and rear doors on the home at 1008 Vine Street. Ted Barker explained that his daughter purchased the home and there are repairs that are needed. For example, your finger can go through the trim on the windows because it is rotten and the gutter system was not designed correctly so it overflows. They are proposing to replace the siding with wood composite siding and fully replace the windows. Hottle noted that he is good with the siding proposal as that has been approved in the past and it can be painted, but the vinyl window proposal is concerning. Hedrick stated that he would like to see the grid lines stay on the windows as that adds character -1- Page 346 of 578 to the home. Price explained that the half moon window should stay to keep the integrity and character of the home. Barker noted that the half moon window is rotten and is a rectangle inside but can be replaced with a half moon window. It was questioned whether the fiberglass door is paintable, and Ted confirmed that it is. Barker noted that the garage windows, siding, and gutters also need to be replaced. Hottle asked if the applicant was made aware of the Highland Historic District guidelines and review process when purchasing the home and they confirmed that their daughter was made aware. Ottesen explained that wood clad windows would be preferred rather than vinyl windows and the size of the window openings should be maintained. Motion made by Hedrick, seconded by Hottle to approve the request for a Certificate of Appropriateness to allow for the replacement of the existing siding with LP smart siding, replacement of all windows with wood clad windows, replacement of all gutters and fascia, and replacement of the front and rear doors on the home and garage at 1008 Vine Street with the condition that the half moon window is replaced with the same shape and that the windows are installed with the grid lines. Motion carried unanimously. Building/Project Consultation No Report Reports 1. Main Street Ottesen explained that the Design Council approved several sign requests. The haunted historic downtown walking tour will be held this week. The Design Council and Main Street have decided to only do Tour De Loo on even years. They do plan to still hold an event on the odd years. For example, a walking tour has been discussed and this could still be something that Main Street collaborates with the Historic Preservation Commission on. The event season is coming to an end, but be on the lookout for upcoming holiday events. Main Street Waterloo is also always looking for volunteers. 2. Silos and Smokestacks No Report 3. Grout Museum Schneider gave the report on the Grout Museum from EJ Gallagher. She noted that the Grout has held and is planning to hold a number of events which have been covered in the Courier. These events include the paranormal fundraiser at the historic homes, the annual Strolling with the -2- Page 347 of 578 Spirits Tour, an Outdoor Star Party, and a special planetarium show. The annual Strolling with the Spirits Tour was sold out. The new Executive Director, Margaret Moye, has been visiting with local media stations on what the Grout has to offer. 4. Highland Neighborhood No Report 5. Walnut Neighborhood Gilbert explained that the 415 Walnut Collective was awarded Workforce Housing Tax Credits. Discussion Items/Possible Action Items 1. Dunsmore House Schneider explained that there has been no further discussion from the two people that were interested in rehabbing the home. Hottle explained that the commission should stay engaged with the people that are looking to rehab the home. The commission discussed holding an educational opportunity about the Dunsmore House with the library. Hedrick noted that Miranda Canfield and Sue Pearson are good contacts at the library. 2. School Art Project No Report 3. Collaborations Hottle noted that the Cedar Valley Historical Society will hold a Eerie Tales Historic Tour at the Russell Lamson Hotel. Gilbert summarized the Youth City Council Historic Tour and noted that the Waterloo Community Schools would like to do something similar for the 8th graders. 4. Goals and Action Plans No Report Discussion Items: Gilbert stated that the Past Forward Conference will be in New Orleans at the end of the month and the conference will be in Milwaukee in September of 2025. Hedrick presented the website Fortepan Iowa to the Historic Preservation Commission and explained that it is a website that has many historical photographs, and the University of Northern Iowa has contributed to the website. -3- Page 348 of 578 Adi ournment Motion made by Price seconded by Hottle to adjourn the meeting at 5:22 p.m. Respectfully submitted, Lexi Schneider Planner I 4- Page 349 of 578 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING — November 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 4:40 p.m. Commission Members present were: Matthew Gilbert, Jared Hottle, Ed Ottesen, Cole Weliver, and Susan Price Commission Members present electronically were: Terry Stevens Commission Member(s) absent were: Ivan Valtchev, Hector Salamanca Arroyo, and Nick Hedrick Others present were: Lexi Schneider - Planning Staff, Tim Kuhlmann — Cedar Valley Historical Society Approval of Agenda Motion made by Ottesen, seconded by Stevens to approve the agenda of the November 19, 2024 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Stevens, seconded by Price to approve the minutes of the October 15, 2024 regular meeting. Motion carried unanimously. Oral Presentations No Report Hearings No Hearings Buildine/Project Consultation No Report Reports 1. Main Street Ottesen explained that the Design Council had two action items. One item was a sign at 504 Sycamore Street and the other was a new mural location at Screaming Eagle. Main Street is looking at collaborating with the Historic Preservation Commission on window clings that have QR codes on them which lead to a page about the historic significance of the structure. A scavenger hunt is being discussed to be held on the odd years during the time that Tour De Loo -1- Page 350 of 578 would be happening. Main Street Waterloo is always in need of volunteers for different events throughout the year. Schneider noted that Hedrick was not able to make the meeting, but wanted to state that The Martin Flats at 319/321 E 4th Street has been the winner of an Iowa Challenge Grant in the amount of $100,000.00. Cierra and her husband Landon came and visited with the Historic Preservation Commission about their vision for that space not too long ago. This is very exciting news for the developers and the building. 2. Silos and Smokestacks No Report 3. Grout Museum Schneider gave the report on the Grout Museum from EJ Gallagher. She noted that the Grout Museum was recently notified of its reaccreditation by the American Alliance of Museums. This follows submissions by the Grout and a site visit by peer museum members of the reaccreditation committee. The Museum also has active Holiday programs planned and has held events relating to the Halloween Holiday and Veterans Day Observance. The Museum School program is also being continued at the museum and exhibits are being rotated. Additional information can be found on the Grout Museum's web page. Kuhlmann noted that the Christmas Open House for the two historic Grout homes will be from 5pm to 8pm on Saturday, December 7, 2024 and will cost $15 for adults. 4. Highland Neighborhood Weliver explained that the neighbors have the wreaths ready to be put on the lamp posts for the holiday season. 5. Walnut Neighborhood Gilbert stated that he has contacted Jenna Peterson with Habitat for Humanity to get an update on the Walnut Neighborhood for each Historic Preservation Commission meeting. Schneider added that Laura Hoy could also be contacted for a report each month, as she is the Neighborhood Association president. Discussion Items/Possible Action Items 1. Dunsmore House Gilbert explained that himself, Jared Hottle, and Lexi Schneider will be meeting with the library tomorrow to discuss a collaboration on an education seminar about the Dunsmore House with storytelling purposes. 2. School Art Proiect Stevens noted that she has found someone at the School District to be in contact with for the -2- Page 351 of 578 project. Gilbert added that he is meeting with Jim Daye, Beverly, and Dr. Belinda Creighton - Smith and would like to invite Stevens and the school district contact to the meeting at 10:30am on November 22, 2024. 3. Collaborations No Report 4. Goals and Action Plan Schneider discussed items on the Goals and Action Plan that could still be completed. Kuhlmann noted that Hottle and Stevens will be presenting to the Cedar Valley Historical Society on two different dates in 2025. Gilbert explained that himself and Stevens met with the Waterloo Youth City Council about the mural on the basketball court in April of 2024. Kuhlmann stated that number 6 under Goal A should be a partnership with the Grout, Main Street Waterloo, or the Waterloo Youth City Council instead of the Cedar Valley Historical Society because they do not hold a Waterloo historic tour. The commission agreed that they are okay with only having one meeting with the City Council this year. Gilbert explained that the Dunsmore House may be a good topic for a guest editorial with the Courier. Discussion Items: Hottle noted that the Cattle Congress is looking for bids for redevelopment and wasn't sure if there is any historical significance to the site. The commission discussed pointing the broker to the Grout Museum for different artifacts relating to the Cattle Congress. Stevens discussed asking the owners to donate a building for a Cattle Congress Museum. Kuhlmann stated that the next Cedar Valley Historical Society meeting will be held from 7pm to 9pm on Tuesday, November 26, 2024 at the Grout Museum and topic will be the Waterloo Drum Core with speaker Ed Flack. Adjournment Motion made by Hottle seconded by Price to adjourn the meeting at 5:20 p.m. Respectfully submitted, Lexi Schneider Planner I 3- Page 352 of 578 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 January 6, 2025 AGENDA ITEM TITLE Planning, Programing, and Zoning Commission minutes of October 8, 2024, and November 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. October 8, 2024 P&Z Minutes 2. November 12, 2024 P&Z Minutes Page 353 of 578 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING, AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. OCTOBER 8, 2024 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by 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: Brandon Schoborg, Janelle Ewing, Kristen Schaefer, Eric Donat, Phillip Shirk, and Patrisha Serfling. Members present electronically were: none. Members absent were: Cody Leistikow (three positions are vacant). Others present were: Aric Schroeder, Lexi Schneider, and John Dornoff — Planning Department; Jamie Knutson — City Engineer, and 7 citizens. Others present electronically: Dave Boesen — City Council Liaison. I. Approval of the Agenda It was moved by Donat and seconded by Shirk to approve the agenda with the removal of item B-2 (request by PWM Companies, LLC for the Preliminary Plat of South Waterloo Business Park). Motion carried unanimously. II. Approval of the Minutes from the regular meeting on September 10, 2023. It was moved by Shirk and seconded by Schaefer to approve the minutes of the September 10, 2024 meeting. Motion carried unanimously. III. Financial Report July 2024. Schroeder reviewed the financial report. It was moved by Ewing and seconded by Shirk to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations The Sustainable Iowa Land Trust (SILT) did a presentation on their projects to preserve Iowa farmland near the major cities and the benefits of their programs. V. New Business A. Encroachment Agreements 1. Request by Danielle White for an Encroachment Agreement to allow for a fence, gazebo and swing set on City Owned Property in the "R-2" One and Two Family Residence District and "A-1" Agricultural District located south of 601 Cedar Bend Street. Schneider read the staff report recommending approval of the request with the following condition: a fully signed and executed encroachment agreement. Page 354 of 578 Planning and Zoning Commission October 8, 2024 Schoborg asked if the encroachment agreement was just for the fence, to which Schroeder responded that initial site plan was that they would be on the city property but the new site plans show those items off but the Commission may still want to include the swing set and gazebo to give them the option of moving them to the city -owned property. Ewing asked how common Encroachment Agreements like this are, to which Schraeder responded that they are not uncommon, but this one is unique in that the property being requested to be encroached upon is part of the levee system. Matt White, 601 Cedar Bend Street, was available to answer questions. Donat asked if the encroachment agreement is still needed if they will not have the swing set and the gazebo will not be in the area, to which Schoborg answered that yes, it is still needed because the fence will be on the city -owned property. White stated that sometimes they will get people that will use their yard to reach the trail system along the levee and this is to help prevent that along with the concerns about animals such as loose dogs and the fence can be removed if needed. It was moved by Shirk and seconded by Donat to recommend approval of a request Danielle White for an Encroachment Agreement to allow for a fence, gazebo and swing set on City Owned Property in the "R-2" One and Two Family Residence District and "A-1" Agricultural District located south of 601 Cedar Bend Street with the condition: a fully signed and executed encroachment agreement. Motion carried unanimously. B. Plats 1. Request by PWM Companies, LLC and the City of Waterloo for the Preliminary Plat of South Waterloo Business Park, a 19-lot commercial subdivision located north and east of 4719 Ansborough Avenue. Item was removed from the agenda. C. Special Permits 1. Request by Grace Reformed Church for a Special Permit to allow for the use of a home for youth gatherings in the "R-2" One and Two Family Residence District located at 1322 Shady Lane. Schneider read the staff report recommending approval of the request. Pastor Dave Van Netten, 1310 Shady Lane was available to answer questions. Schoborg asked for clarification that if this is approved, it will not have to come back to the Commission, to which Schroeder responded that if the Board of Adjustment approves the Special Permit, then it will be permanent, and they will not have to come back again. Boesen stated that at the Board of Adjustment meeting last year there was a discussion of a sidewalk from the church if there were children with disabilities and asked if that was installed and if there any -2 Page 355 of 578 Planning and Zoning Commission October 8, 2024 handicapped children at the meetings to which Van Netten answered that at this time there is no handicapped children coming to the meetings but if they did they would be happy to install a sidewalk. It was moved by Ewing and seconded by Donat to recommend approval of a request Grace Reformed Church for a Special Permit to allow for the use of a home for youth gatherings in the "R-2" One and Two Family Residence District located at 1322 Shady Lane. Motion carried unanimously. 2. Request by Lora Howard for a Special Permit for an Urban Animal Hobby Farm to allow for 10 chickens and 10 ducks in the "R-2" One and Two Family Residence District located at 729 Avon Avenue. Dornoff read the staff report recommending denial of the request for 10 chickens and 10 ducks but recommended approval of the request for 1 chicken and 1 duck. A site inspection determined that there are already more animals that are being requested, and Dornoff read an email from the Black Hawk County Health Department on their concerns regarding this location. Donat asked if this was a regular farm, how many animals could be present, and who determines that, to which Schroeder responded that if it is a farm of 35 acres then how many animals was set by the Waterloo City Council when they passed on the recommendation of the Planning, Programming and Zoning Commission the Urban Animal Hobby Farm amendment to the Zoning Ordinance in 2017. Schroeder further stated that outside the city limits on farms in agricultural settings, agricultural and farm animals are exempt from zoning regulations, so do not have minimums. Donat stated he supports the staffs recommendation; it started with two ducks, and that was fine, but now she has added many more animals. Lora Howard, 729 Avon Avenue, was available to answer questions. Schoborg noted it appears that there are a large number of animals before coming up with this request to which Howard stated she has ten ducks and ten chickens but is taking care of additional ducks and chickens for a friend who is on her honeymoon in the Maldives. She further stated that she works a hour and 45 minutes away and her friend asked her to take care of her animals while she was gone but in two weeks they will go back to her house leaving Howard with her twenty animals. Schobrog stated that this is not to point fingers but the Commission needs to focus on the regulations set forth by the Urban Animal Hobby Farm regulations and the Commission needs to follow those guidelines. Howard further stated that they are registered as emotional support animals; she has two letters from her therapist; the animals help her with her mental health because she has a major depressive disorder, major anxiety disorder, PTSD, and suicidal idealization, and they help her with that and she said she told staff she had two ducks that cost her $350 but she had more. Tarik, who lives on Dawson Street, stated that he has had run-ins with the ducks when walking his dogs, and that this is a residential neighborhood and she should not have and, and they smell and he has to listen to these animals in that area and wants them gone. It was moved by Ewing and seconded by Donat to recommend denial of a request by Lora Howard for a Special Permit for an Urban Animal Hobby Farm to allow for 10 chickens and 10 ducks in the "R- 2" One and Two Family Residence District located at 729 Avon Avenue but approval of a Special -3- Page 356 of 578 Planning and Zoning Commission October 8, 2024 Permit to allow for one chicken and one duck for emotional support animals. Motion carried unanimously. VI. Discussion The next meeting of the Planning, Programming, and Zoning Commission will be held on October 8, 2024. VII. Adjournment It was moved by Schaefer and seconded by Shirk to adjourn the meeting at 4:33 pm. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner II -4 Page 357 of 578 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING, AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. NOVEMBER 12, 2024 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by 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: Brandon Schoborg, Eric Donat, Phillip Shirk, Cody Leistikow, and Scott Voight Members present electronically were: Kristen Schaefer. Members absent were: Janelle Ewing and Eric Poe (one position is vacant). Others present were: Aric Schroeder and John Dornoff — Planning Department and Jamie Knutson — City Engineer. Others present electronically: Noel Anderson — Community Planning and Development Director. I. Approval of the Agenda It was moved by Donat and seconded by Shirk to approve the agenda with the removal of item B-1 (request by Robson Homes for the Final Plat of Prairie Meadow Estates 1st Addition) and combining items C-1 and C-2. Motion carried unanimously. II. Approval of the Minutes from the regular meeting on October 8, 2023. It was moved by Shirk and seconded by Donat to approve the minutes of the October 8, 2024 meeting. Motion carried unanimously. III. Financial Report September 2024. Schroeder reviewed the financial report. It was moved by Leistikow and seconded by Shirk to receive and place the financial report on .file. Motion carried unanimously. IV. Oral Presentations There were no Oral Presentations. V. New Business A. Hearings - Rezones 1. Request by Maria E. Schnepf to rezone approximately 0.10 acres from "R-4" Multiple Residence District to "R-4, C-Z" Conditional Zoning District to allow for a retail store located at 1122 W. 4th Street. It was moved by Leistikow and seconded by Donat to receive and place on file the statement of verification at 4:03 p.m. Motion carried unanimously, and Trost declared the hearing open. Dornoff read the staff report recommending approval of the request. Donat asked what the store sells, to which Dornoff responded crystals and gemstones; it is not a highly intense retail use. Page 358 of 578 Planning and Zoning Commission November 12, 2024 It was moved by Shirk, seconded by Leistikow, to close the public hearing. Motion carried unanimously. The hearing was closed at 4:07p.m. It was moved by Leistikow and seconded by Donat to recommend approval of a request by Maria E. Schnepf to rezone approximately 0.10 acres from "R-4" Multiple Residence District to "R-4, C-Z" Conditional Zoning District to allow for a retail store located at 1122 W. 4th Street. Motion carried unanimously. B. Plats 1. Request by Robson Homes, Inc. for the Final Plat of Prairie Meadow Estates 1st Addition, a 5-lot residential subdivision in the "R-3" Multiple Residence District. This item was removed from the agenda. C. Plans and Studies 1. Request by the City of Waterloo for an amendment to the San Marnan Urban Renewal and Redevelopment Plan and TIF District to reduce the area included therein (Amendment No. 7). 2. Request by the City of Waterloo for an amendment to the San Marnan Urban Renewal and Redevelopment Plan and TIF District to enlarge the area included therein (Amendment No. 8). Schroeder went over the request. Donat asked what process TIFF financing goes through at the state level, to which Schroeder explained how it exists and the state process. Leistikow asked if there were existing structures on the two plots of land that are involved in the process, to which Schroeder explained that they are both under construction right now. Schoborg asked if this would extend those lots for another 20 years to which Schroader responded yes. It was moved by Leistikow and seconded by Donat to recommend approval of a request by the City of Waterloo for an amendment to the San Marnan Urban Renewal and Redevelopment Plan and TIF District to reduce the area included therein (Amendment No. 7) and for an amendment to the San Marnan Urban Renewal and Redevelopment Plan and TIF District to enlarge the area included therein (Amendment No. 8). Motion carried unanimously VI. Discussion The next meeting of the Planning, Programming, and Zoning Commission will be held on December 10, 2024. VII. Adjournment It was moved by Donat and seconded by Shirk to adjourn the meeting at 4:14 pm. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner II -2 Page 359 of 578 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department January 6, 2025 AGENDA ITEM TITLE Liquor Licenses a. Casey's General Store #3880, 1900 W. Ridgeway Ave., Class E Retail and Sunday Sales, 2/1/2025. b. Club Ambassador, 313 W. 5th Street, Class C w/Outdoor Service Exp: 12/15/2025. c. Medo's, 1010 E. Mitchell Ave., Suite 6, Class C w/Outdoor Service Exp: 9/8/2025. d. Single Speed Brewing Co., 325 Commercial Street, Class C, Special Class A Beer Permit, Catering and Outdoor Service Exp: 12/31/2025. e. The Other Place, 360 E. Ridgeway, Class C Exp: 01/25/2026. f. Aldi #33, 1918 Schukei Road, Class C Exp: 11/20/2025. g. Spectra Venue Management, 200 W. 4th Street, Class C with outdoor service and catering Exp: 1 /31 /2026. h. Maple Lanes Bowling, Inc. 2608 University Ave., Exp: 7/22/2025 - Ownership Update RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 360 of 578 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 361 of 578 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 January 6, 2025 AGENDA ITEM TITLE Sale and conveyance of city -owned property, located at the northeast corner of the CN Railroad and Leversee Road, in the amount of $1.00, to International Paper Company, including approval of a Development Agreement. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo is working with Project Blackhawk for a new industrial project in the Waterloo Air and Rail Park. This Development Agreement will convey 66 acres of land that has been previously released for development to the project, immediately north of the railroad tracks on Leversee Road. This large 800,000 + square foot industrial building will have a rail spur extension for the company's manufacturing processes. The City will work with Company and the State of Iowa for any incentives available to help with rail spur, as well as job creation opportunities. The City will provide an option on an additional area of up to 30 acres and will further work to release land north of the 66 acre site through the FAA Release process for additional land needed for the development site. This is all in accordance with the overall master plan for the Waterloo Air and Rail Park layout. The Development Agreement will further acquire the Company's former site, if they choose, by the City of Waterloo for appraisal price. They may also sell to a third party and not involve City. The new building will have a Minimum Assessed value of $40 million for the project, and receive tax rebates of 50% for 15 years over the land value of $1 million for the project. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 362 of 578 SOURCE OF EXPENDITURES EWU TIF ALTERNATIVE ACTION LEGAL DESCRIPTION A parcel of land situated in part of the Southwest 1/4 of Section 5, Township 89 North, Range 13 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Commencing at the Southwest Corner of said Section 5; thence North 00° (degrees) 36' (minutes) 39" (seconds) East (assumed bearing for the purpose of this description) on the west line of the Southwest 1/4 of said Section 5, a distance of 795.59 feet; thence South 89°23'21" East, 33.00 feet to the intersection of the present northerly right-of-way line of the Canadian National Railroad and the present easterly right-of-way line of Leversee Road, being the point of beginning; thence North 00°36'39" East on said easterly right-of-way line, 1,189.64 feet; thence South 89°08'13" East, 2,368.20 feet to a line that is 684.00 feet northwesterly of and parallel with the centerline of runway 18/36 and its extension southwesterly; thence South 07°02'11" West on said line, 1,258.31 feet to the present northerly right-of-way line of the Canadian National Railroad; thence North 89°12'44" West on said northerly right-of-way line, 1,535.05 feet; thence westerly on said northerly right-of-way line being a 2,370.51-foot radius curve concave northerly and having a 423.99-foot long chord bearing North 86°21'44" West, a distance of 424.56 feet (arc length); thence westerly on said northerly right-of-way line being a 2,557.26-foot radius curve concave northerly and having a 272.51-foot long chord bearing North 80°04'57" West, a distance of 272.63 feet (arc length) to the point of beginning. Containing 2,865,228 square feet or 65.78 acres. And an Option Area of the south 30 acres (more or less) of the following described parcel: A parcel of land located in the Southwest Quarter and Northwest Fractional Quarter of Section 5, Township 89 North, Range 13 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows: Commencing at the southwest corner of said Section 5; thence North 00°36'49" East (North 00°36'39" East per Releases of Federal Encumbrances at the Waterloo, Iowa Regional Airport survey prepared by EarthTech dated January 26, 2006) along the west line of said section 795.25 feet; thence South 89°23'11" East (South 89°23'21" East per EarthTech survey) 33.00 feet to the intersection of the present northerly right-of-way line of the Canadian National Railroad and the east right-of-way line of Leversee Road and also being the southwest corner of Airport Release Parcel D per EarthTech survey; thence North 00°36'49" East (North 00°36'39" East per EarthTech survey) along the east right-of-way line Leversee Road 1189.64 feet to the northwest corner of said Release Parcel D and the point of beginning of this description; thence continuing North 00°36'49" East along the said east Leversee Road right-of-way 702.35 feet to the north line of the southwest quarter of Section 5; thence North 00°27'21" East along the east right-of-way line of Leversee Road 395.39 feet to the southwesterly line of Airport Release Parcel C; thence South 89°47'33" East (South 89°48'20" East per EarthTech survey) along said southwesterly line 208.35 feet; thence North 67°02'45" East (North 67°02'10" East per EarthTech survey) along the southeasterly line of Release Parcel C 2623.16 feet (2623.53 feet per EarthTech survey) to the southeast corner of said parcel; thence South 07°02'54" West along a line that is 684 feet northwesterly of and parallel with the centerline of runway 18/36 and its Page 363 of 578 southwesterly extension 2172.16 feet to the northeast corner of said Release Parcel D; thence North 89°08'07" West (North 89°08'13" West per EarthTech survey) along the north line of Release Parcel D 2368.20 feet to the point of beginning containing 3,883,827 square feet or 89.16 acres. ATTACHMENTS 1. Project Black Hawk DA & MAA Page 364 of 578 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 , by and between International Paper Company (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 ("Urban Renewal Area"). B. Company is willing and able to finance and erect structures and related improvements on property legally described on Exhibit "A" attached hereto (the "Property") located in the Urban Renewal Area. 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"). 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 International Paper - Business Use Page 365 of 578 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. 2. Improvements by Company. Company shall construct on the Property a commercial building of no less than 800,000 square feet (exact square footage to be determined prior to execution), as well as related landscaping, storm water detention, paving, signage and parking improvements (collectively, the "Improvements"), in accordance with the Plans as provided in Section 3. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban renewal plan applicable to the Property, 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's review and reasonable 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, including but not limited to final permit inspections. 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." 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 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 2 International Paper - Business Use ge -366 of 578 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 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 construction of the Improvements within six (6) months after the date of conveyance (the "Start Date") and Substantially Complete construction within twenty-four (24) months after the date of conveyance (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 3 International Paper - Business Use Page 367 of 578 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 20, 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 extreme weather such as ice, ground freezing, and other conditions that restrict construction, as well as an act of God, war, civil disturbance, court order, labor dispute, fire, pandemic, governmental mandates (local, state or federal), delays in City approvals as contemplated in Section 17 below, 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 20, 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. 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. 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. The foregoing indemnity shall include the cost of removing any improvements constructed by Company and reverting the Property to substantially the same condition as of the date of conveyance, but shall not include any consequential damages or perceived damages such as lost opportunities for another user. 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. 4 International Paper - Business Use ge3Gt3of5 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. 7. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property. Company will be responsible for payment of any associated connection fees other than water connection fees, which will be paid by City. 8. City Incentives. In addition to the property tax rebates provided for herein, the City agrees to provide the following Project assistance: A. Rail Spur. City will design a rail spur extension to serve the Property, and if another development project in the vicinity requires rail service, then City will construct the rail spur, or cause it to be constructed. Company, subject to City's approval of the plans and City's financial approval, may elect to design and construct, or may request that City construct or cause to be constructed, a rail spur extension to serve the Property. Company will provide plans for the rail spur extension to the City for review and reasonable approval by City. City agrees that it will not withhold approval of the plan designs if plans do not allow for rail connection to the remainder of the business park. City will reimburse Company for the cost of design, engineering and construction of the rail spur extension in an amount to be agreed upon by the parties hereafter. B. Support for Applications. City agrees that it will cooperate in good faith with Company and, if necessary for program requirements, sponsor Company applications for available state tax credits and/or rebates, job creation and/or training funds, and other available government funding, if Company chooses to make any such application(s). C. Option to Purchase Additional Land. City hereby grants to the Company, its successors and assigns, an option to purchase, for the sum of $1.00, up to an additional 30 acres of land abutting the Property on the north side, to the extent necessary in connection with the Project or any future expansion project. The option is expressly made subject to City successfully obtaining a release of the option property from Federal Aviation Administration restrictions within nine (9) months after the date of this Agreement. The option may be exercised by delivering written notice of exercise to the City no later than twelve (12) months after the date of this Agreement (the "Expiration Date"). The option shall terminate upon the first to occur of the Expiration Date, or the termination of this Agreement on the terms set forth herein. If Company exercises the option in connection with an expansion project, then the parties shall negotiate the terms of a new 5 International Paper - Business Use Page 369 of 578 development agreement or an amendment to this Agreement to address requirements related to the expansion project. Unless governed by the terms of such agreement or amendment, the provisions of Section 1 hereof shall govern the transfer of title. D. Option to Sell. Company or its affiliate currently owns or occupies property at 800 W. Parker Street, Waterloo, Iowa (the "Company Property"). At the time of purchase of the Property, City agrees to execute and deliver to Company an Option to Sell (the "Option to Sell") the Company Property to the City for an amount equal to its fair market value, as determined by an appraisal by an MAI appraiser acceptable to both Company and the City, plus the cost of the appraisal (the "Company Sale Price"). Pursuant to the Option to Sell, Company or any successor owner of the Company Property shall have the right to exercise the Option to Sell within one hundred eighty (180) days after Company has completed the transition of its operations and equipment to the Property and, if necessary, remedied any environmental conditions that impact or significantly impair the use of the Company Property, by delivery to the City of a written notice of exercise of the Option to Sell. Thereafter, the City shall purchase the Company Property for the Company Sale Price within ninety (90) days following the receipt by the City of the notice of exercise of the Option to Sell. City's obligation to purchase the Company Property shall be subject to the Company Property being free and clear of (i) any mortgages or other liens or encumbrances, and (ii) any environmental conditions that significantly impair the use or value of the Company Property as determined by City in its reasonable judgment. Prior to any such purchase and at any reasonable time, City, its agents and contractors, shall have access to the Company Property for purposes of evaluation and environmental testing. If the Company Property is not owned by Company, then Company shall obtain permission from the owner(s) of the Company Property for City's access for purposes of appraisal, evaluation and testing. If access by City, its agents or contractors, is denied or unduly restricted, City may terminate the obligation to purchase the Company Property under the Option to Sell if reasonable access is not allowed within thirty (30) days of advance written notice to Company. E. Street. If Project design indicates the need for a new street on the north side of the Property, then City will apply for funds under the State of Iowa RISE program for construction of a new street from Leversee Road extending eastward, to serve the Property. In the alternative, Company may elect to engineer and construct a new street based on plans approved by both Company and City, each acting reasonably, and City will reimburse the Company for the cost of design, engineering and construction of the street and related infrastructure in an amount to be agreed upon by the parties hereafter. 9. 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 6 International Paper - Business Use Page 370 of 578 in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $40,000,000.00 (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. 10. Tax Rebates. Provided that Company has completed Substantially Completed the Improvements before the Completion Deadline, and subject to the other terms of this Agreement, City agrees to rebate property tax (with the exceptions noted below) with respect to the Improvements, as follows: Year One through Year Fifteen 50% rebate each year for any taxable value added by the completed Improvements (each such payment is a "Rebate") over the initial base value of $1,000,000.00. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. 7 International Paper - Business Use Page 371 of 578 As an example of the above provision, in the event all Improvements on the Property are Substantially Completed prior to January 1, 2027 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, 2027 assessed value would be for the Fiscal Year ending June 30, 2029, with the taxes payable one-half by September 30, 2028 and one-half by March 31, 2029, then the first Rebate could be applied for after March 31, 2029 and prior to April 1, 2030. 11. 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. B. Notwithstanding the provisions of Section 10 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 10 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 10, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. 8 International Paper - Business Use 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. 12. 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 expansion of a tax increment financing (TIF) district, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company in Section 15 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. 9 International Paper - Business Use 13. 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. 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. However, in no event shall Company be required to submit a report more frequently than once every thirty (30) day period. 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 10 International Paper Business Use Page 374 of 578 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 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. 14. 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. 15. 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 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. 11 International Paper - Business Use 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 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. 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. 16. 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, 12 International Paper - Business Use Pago 376 of 578 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. 17. 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 90 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 90-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. 18. 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, (a) Company may assign the Property to an affiliate of Company without prior approval of City provided (i) the assignee assumes the obligations of Company under this Agreement, (ii) the assignee shall receive all Rebates payable as of and after the date of assignment, and (iii) Company provides written notice of assignment to City within five (5) business days after execution of assignment and (b) Company may mortgage the Property to a lender as security for financing of Project improvements, but for no other purpose. 19. 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 except as provided by Section 18 or otherwise as security for financing of Project improvements; 13 International Paper - Business Use Page 377 of 578 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 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. 20. 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 14 International Paper - Business Use --Page-378 of 578 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. 21. 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. 22. 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. 23. 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. 24. 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, , and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, , Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. 15 International Paper - Business Use (b) if to Company, at 6400 Poplar Avenue, Memphis, TN 38197, Attention: Real Estate Director, with required copies to International Paper Company, Attention: Holly Holt, Legal Department. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 16 International Paper - Business Use Page 380 of 578 30. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 31. 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. 32. 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. 33. 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 INTERNATIONAL PAPER COMPANY By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 17 Title: Ditetkot (,le International Paper - Business Use g EXHIBIT "A" Legal Description of Property See attached diagram, consisting of approximately 66 acres, more or less, in the SW %4 and the S '/2 of the NW 'A of Section 5, Township 89 North, Range 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa [formal legal description to be determined following survey or platting] t 3 ,c . ... h. Exparspon International Paper - Business Use Page 382 of 578 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , and among the CITY OF WATERLOO, IOWA ("City"), INTERNATIONAL PAPER COMPANY ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan area, 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 $40,000,000.00 (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. International Paper Business Use ge 3-8-3-of 578 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2047. 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 Toss, 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 International Paper - Business Use Page 384 of 578 (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 International Paper - Business Use CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) INTERNATIONAL PAPER COMPANY By: 1. Title: Niec--6 Y14 ES -kite On this day of , before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF `.12-WM-SS(2A ) ss. COUNTY OF \\.,0.\,\tay ) Subscribed and sworn to before me on \f).-A O ,� by (t) • Ue.A Pe-\\ar as p\r�.kpi of International Paper Company. i ca trA4—A') 0 Q0a) O 4,i�i,//`�'HEV- GA\Q�'. 4 CoMMisISlON - c Notary Public International Paper - Business Use 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 Forty Million and 00/100 Dollars ($40,000,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public International Paper - Business Use Page 387 of 578 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 January 6, 2025 AGENDA ITEM TITLE Sale and conveyance of city -owned properties located at 1027 W. 3rd Street and 128 Lincoln Street, in the amount of $25,200.00, to Rock Star Real Estate, LLC. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo took possession of 1027 W 3rd St and 128 Lincoln Street through 657A action and requested proposals for the rehabilitation of the sites. The City of Waterloo received one complete bid (a second proposal was deemed incomplete and non -responsive for failing to include the required earnest check and to provide other information required by the RFP). Staff reviewed the proposal, and determined that the City should proceed with the proposal. Tyler Junker, owner of Rock Star Real Estate, has a solid background in rehabbing dilapidated homes and managing properties. They have also worked closely with Habitat for Humanity, are on their action team, and have worked to promote homeownership. They also work closely with the City of Waterloo for the Section 8 program. Tyler has noted an intent to keep his business at about the same size in units that they manage, so as they acquire new units that they fix up, they will look to sell other units within their portfolio, often looking at existing tenants who are interested in becoming owner -occupants. With the acquisition of these two homes, he has indicated an intent to sell 2 other homes to an owner -occupant. Examples of properties that Rock Star owned and has already sold include 1140 Hammond Ave., 2008 W. 4th St, 1638 Robin Rd., and 112 Summit Ave. NEIGHBORHOOD IMPACT Rehabilitation of the homes would have a positive impact on the neighborhoods. 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. Page 388 of 578 SOURCE OF EXPENDITURES Nuisance Abatement Bonds ALTERNATIVE ACTION Not approve LEGAL DESCRIPTION The Southwesterly 45 feet of Lot 4 and the Southwesterly 45 feet of the Northwesterly 23.6 feet of Lot 5, all in Block 1 in Whitney & Sedgwick's Addition to the City of Waterloo, Iowa. Also, Lot 53 except the West 30 feet thereof, Morris Case's Addition to the City of Waterloo, East Side of Cedar River, Black Hawk County, Iowa. ATTACHMENTS 1 Rock Star Real Estate DA 1027 W 3rd and 128 Lincoln developer signed 2. Proposal Rock Star - 1027 W 3rd St 3. Proposal Rock Star - 128 Lincoln St 4. Letter to Council - January 2025 5. Letter of Support (House of Hope) 6. Letter of Support (Myke Goings) Page 389 of 578 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 Rock Star Real Estate, L.L.C. ("Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. Developer is willing and able to finance and rehabilitate existing properties owned by City that are located at 1027 W. 3rd St, Waterloo, Iowa, and 128 Lincoln St., Waterloo, Iowa (the "Properties"), legally described as set forth on Exhibit "A" attached hereto. B. City considers development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that rehabilitation of the Properties is in the best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Properties to Developer for the aggregate sum of $25,200.00 (the "Purchase Price") (allocated as $20,100.00 for 1027 W. 3rd Street and $5,100.00 for 128 Lincoln Street), of which $2,000.00 shall be paid in certified funds to City to be held in trust as earnest money and applied at closing to the Purchase Price. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) Page 390 of 578 general utility and right-of-way easements serving the Properties; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Developer until Developer delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Developer may, at its own expense, obtain whatever form of title 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, in which case City shall refund the earnest money to Developer as promptly as possible. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Developer. Developer acknowledges that it has had a reasonable opportunity to inspect the Properties and to conduct other due diligence related to the Project. Developer agrees to accept the Properties in their "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Properties, their marketability, or their fitness for any particular purpose. At its own cost Developer shall (a) remove and properly dispose of all debris and unwanted personal property from the dwellings, (b) renovate the existing structures to a finished state for single-family residential purposes, and (c) make other improvements to the buildings and grounds, including but not limited to sidewalk, and shall be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Developer shall submit specific plans, building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will 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, including but not limited to all final permit inspections. The Properties, the Improvements, and all other work to make the project site usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to cause the Project to be undertaken and to renovate the Properties and complete the Improvements in a timely manner constitutes a material inducement for the City to sell the Properties to Developer and to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Developer must obtain a building permit and begin 2 Page 391 of 578 renovation of one of the dwellings within six (6) months after the date of conveyance of title (the "Start Date") and must Substantially Complete construction of Improvements within eighteen (18) months after the last date of conveyance (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for construction of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or reverter. If Developer does not begin or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 12, and City shall then have no further obligation to Developer under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Developer shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 12, City shall have no further obligations to Developer under this Agreement, including but not limited to any legal or equitable obligation to reimburse Developer for any costs expended by Developer with respect to the Project or to compensate Developer for any value added to the Properties 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, 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 Properties that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Developer. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against either of the Properties. 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 3 Page 392 of 578 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 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 either of the Properties of any type or nature whatsoever that attaches to either of the Properties 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. 4.1. Utilities. Developer will be responsible for obtaining or extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Properties and for payment of any associated connection fees. 5. City Incentives. To aid the Project, City agrees to provide the following assistance: A. Partial Purchase Price Refund. Within thirty (30) days after Developer has Substantially Completed the Improvements and has obtained final inspection on all permits obtained for the Project, City will refund $10,000.00 of the Purchase Price to Developer. B. Grant. Concurrently with partial refund of the Purchase Price pursuant to paragraph A above, City will make a $10,000.00 infill housing incentive grant to Developer within thirty (30) days after the Improvements are Substantially Completed. 6. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Developer agrees that it shall not create, incur, or suffer to exist any Liens on the Properties, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's completion of the Improvements and of which Developer notifies City before Developer executes any such mortgage. Developer may not mortgage the Properties or any part thereof for any purpose except in connection with financing of the Improvements. Any mortgage in violation of this Section shall be void. 7. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Properties prior to completion of 4 Page 393 of 578 the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 8. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Until the Improvements have been Substantially Completed, Developer shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Developer with respect to construction of the Improvements. B. Developer will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the 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 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 Properties or any portion thereof without City's prior written consent. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed 5 Page 394 of 578 to be conducted, and to enter into and perform its obligations under this Agreement. B. This Agreement has been duly and validly authorized, executed and delivered by Developer and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Developer that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. C. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. D. There are no actions, suits or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective) or financial position of Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. 11. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of 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 Properties, or this Agreement, without the prior written consent of City, except as expressly authorized by this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer pursuant to this Agreement, shall prove to have been 6 Page 395 of 578 incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof; E. Developer (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 Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Properties. 12. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, the 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 to recover ownership of the Properties 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. 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 7 Page 396 of 578 as a waiver of any other or any subsequent default and shall not impair any such right or power. 13. Indemnification and Releases. A. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to properties or any injury to or death of any person occurring at or about the Properties or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its employees, contractors or agents, or any other person who may be on or about the Properties or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Developer agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Properties and the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Developer's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City 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 Page 397 of 578 15. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 16. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 17. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, at PO Box 538, Waterloo, Iowa 50704, Attention: Tyler Junker. 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. 18. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 19. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly 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 9 Page 398 of 578 default by another party shall not affect or impair any rights arising from any subsequent default. 20. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 21. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 22. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 26. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 10 Page 399 of 578 CITY OF WATERLOO, IOWA ROCK STAR REAL ESTATE, By: By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk a Tyler Junker, 11 Page 400 of 578 EXHIBIT "A" Property Description The Southwesterly 45 feet of Lot 4 and the Southwesterly 45 feet of the Northwesterly 23.6 feet of Lot 5, all in Block 1 in Whitney & Sedgwick's Addition to the City of Waterloo, Iowa. Also, Lot 53 except the West 30 feet thereof, Morris Case's Addition to the City of Waterloo, East Side of Cedar River, Black Hawk County, Iowa. Page 401 of 578 City of Waterloo Property Offer to Bid Form Property to be bid upon: 1027 West 3rd Street Name(s) in which property would be transferred: (k° SYf\ R Rill {- Q5 I A Transfer Form: Parma c (For example, individual ownership, tenants -in -common, joint tenancy with full rights of survivorship) Name of bidder: fcoCk , 5 1 L R L 1Th C Address of bidder: f b PIN 5-3'j tArattx, Ty_ 7o Phone & e-mail of bidder: 3(cf al-1 0 i P\ocGC y7iltR D W & C GM P TLc Loin My offer for this property is: $ 3,01 .00 ` 1%kNT1 TM?u ,V O o N /-jVAT) Minimumfbid of $5,000. Proposals Tess than minimum will noE be considered ffo $1,000.00 earnest fee required. Indicate certified check or money order: aKTL �IECll( (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties. Certified check or money order required.) Brief Description of intended Improvements and proposed use: SIA&'gr1-7-L1/ F6A� s o l AVNT L (lo/wry �-�l N 8 AaiEPTED N1TR 511(4, m F �rugk ' � iN A 1 Furthermore, I understand the zoning designation of the property and understand the zoning and building code requirements that I am bound by this designation for my use of property, and historic preservation regulations that apply. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline and other development provisions. Signatur�'of . .. ant/proposer D to * Please Place his sheet at the beginning of your bid packet when submitting to the City Planning Department. If bidding on multiple properties, please use a separate bid packet for each bid, COO Page 402 of 578 City of Waterloo Property Offer to Bid Form Property to be bid upon: 128 Lincoln Street Name(s) in which property would be transferred: ROC. -S ! I ` Z PMC E + T Transfer Form: f `figrV F S /tip (For example, individual ownership, tenants -in -common, joint tenancy with full rights of survivorship) Name of bidder: ‘1\,o (A- S i (Ji. C. C,c TALE I-. LC Address of bidder: )4.2 h)( S 3 wil-TkILO C0)0 Lf Phone & e-mail of bidder: 3 ti j-1° S-7 (AR a GM L Cc)111 My offer for this property is: $J � —ofu .Mi id of $5,000. Proposals less than minimum will not be considered PAW $1,000.00 earnest fee required. Indicate certified check or money order: CfCr Li--W C IC (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties. Certified check or money order required.) Brief Description of intended Improvements and proposed use: 52-rtubLg- MMJY' HMS A SsngNrTA L PaoPZT67 ,S& Crtrv,t g A a 0'71F-17 S3? 7(\T p estfile Vitt) Furthermore, I understand the zoning designation of the property and understand the zoning and building code requirements that I am bound by this designation for my use of property, and historic preservation regulations that apply. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline and other development provisions. Signature of ailicant/proposer GI/a)/QC( Date * Please Place this sheet at the beginning of your bid packet when submitting to the City Planning Department. If bidding on multiple properties, please use a separate bid packet for each bid. Page 403 of 578 To whom in may concern: 27 December 2024 My name is Tyler Junker and I have been a resident and business owner in Waterloo since 2007. While I regret that I am unable to attend tonight's meeting, I have prepared this statement to address the proposal being presented, as well as responding to remarks made about me and my company, Rock Star Real Estate, at a previous council meeting. Rock Star Real Estate is a veteran -owned business founded in 2009, starting with a single home purchase. With adding a few more each year progressively - we have now grown to over 210 residential units in Waterloo with additional property in the surrounding Cedar Valley communities. Our primary mode of operation has been buying neglected, dilapidated properties —many uninhabitable —and turning them into affordable, quality housing. We believe our work in the city has been a major "win - win," as we've operated a successful business while simultaneously addressing blighted, dangerous properties that the city otherwise would have had to deal with. For example, we are the investors who transformed what has been known as the "Carter Building" at W 2nd and Allen, updating this property from a drug -infested, active criminal location with only four occupants living in substandard conditions - into a 34 unit, modern, fully occupied, affordable apartment building. Similarly, we invested into what is known as the "Drake" building at W 3rd St and Locust with a number of similar upgrades. We made these improvements even well before Habitat for Humanity started focusing a large amount of their attention to Church Row. I only point this out to showcase that we have been at the forefront AND an ally to organizations like Habitat for Humanity with their efforts to turn these neighborhoods around. Unlike a number of out -of -area landlords who buy and neglect their properties, we have invested millions and millions in improvements that the city would have otherwise had to address. An example is this very request being discussed today. To my knowledge, Rock Star Real Estate is the only entity to submit a complete proposal for the two properties on this agenda. These properties were publicly posted and emailed to a wide group of investors over an extended period of time, and we were the only ones to submit a full proposal —one of which greatly exceeds the minimum bid requirement. Regarding the council meeting where this proposal was last tabled, I would like to address several points raised by council members at that session. The first concern was about homeownership and limiting rental properties in certain neighborhoods, which is a valid concern. However, I believe Rock Star has been in the background Page 404 of 578 beginning to help with this issue. In the past, I have been a member of the Church Row Physical Action Team, run by Habitat for Humanity, where I gained insight and a better understanding of the ratios of home ownership to rental property. Regarding the real -world impact we have had in promoting homeownership, we have sold numerous properties directly to long-term tenants and also listed homes in much needed price ranges for owner -occupants. These include 1140 Hammond Ave, 807 Forest Ave, 623 Jane Street, 2008 W 4th Street, 1315 Grant Ave, 303 Euclid Ave, 112 Summit Ave, 1638 Robin Road, and we are also listing 2621 Randolph Street next week. Other home ownership promotions include working with Section 8 tenants going through a new program that will allow them to use their monthly voucher towards a home purchase instead of renting. We have also identified and reached out to numerous long-term tenants who have a track record of consistently paying their rent and encouraging them to connect with a trusted lender at Veridian Credit Union who will give them guidance to improve their credit and get a real plan towards being approved for financing. Along with that, we have directed a number of our tenants to reach out to Waterloo Community Development for information on their down payment grant which is the other major part that goes in hand with getting financing. Yes, we have a lot of rental units and there will always be a need for quality housing to rent. But we have also been proactive in discussing home ownership when it has made sense for tenants who seem to be ready to have that discussion. Additionally, within the past few months, I was approached by Director LeKeisha Veasley regarding an increasing issue of Section 8 participants being unable to find landlords who will accept their vouchers, leading to many that are expiring past their deadlines. Even when the vouchers are accepted, stricter inspection requirements are preventing some properties from being eligible for the program. So in notating that these properties could be Section 8 homes - this was from the direct feedback and needs communicated to me by city representatives. Additionally, for years, Rock Star has worked with the House of Hope regarding finding stable housing for their program participants. I would like to share a letter from the House of Hope's Executive Director, Karin Rowe, that highlights their experience with our company: (Please read endorsement letter from Karin Rowe at House of Hope) Regarding the sale of these specific properties in this proposal, I typically hold properties for at least one year to avoid short-term capital gains. While future market conditions are never certain, our general plan is to sell several single-family homes Page 405 of 578 each year, either directly to tenants or on the market when tenants move out. I can assure you that before completing the rehab of these two homes, we will sell at least two single family homes to offset these purchases. While I may not sell these exact properties right away, our acquisition of these units will ultimately add additional homeownership in the city. The last subject of that evening was a concern raised by another council member about my behavior as a landlord and the upkeep of our properties. To give a brief framework of the situation, this was due to an unfortunate altercation I had with an anonymous individual who contacted me by voicemail and text with severely aggressive threats. This person was not my tenant, did not make their identity and name known, and again was threatening violence along with other gestures. While I regret mocking this person in my response and my choice of words, I will not be threatened by a grown man who I have no association or business with. This was a private dispute between two grown men that would have never been the subject of a council meeting - if it were not for the undisclosed personally vested interests of the council member speaking against me. It came to be known later that the person threatening me, and the tenant who appeared to make remarks at the prior council session - are both related to this council member. The council does represent all citizens of Waterloo and should address concerns fairly and equally, but it is not unreasonable to expect a family relationship to at least be disclosed and mentioned in this situation. And as I have already stated, I regret my choice of words in responding to this individual who was threatening me, but threats and mocking are two different things. This council member has yet to reach out to hear the other side of this altercation or denounce their threats - but with this person being their family member - I can only assume they have already made their final conclusions. I would encourage any council members with concerns about how my company operates to speak with Waterloo Code Enforcement, the rental inspection office, the fire department inspection office, Section 8 inspectors, Waterloo Community Development, and caseworkers at House of Hope and other organizations who work with housing placements. They can provide insight into how the quality of our properties compares to other rental units in the city, and also comment on their dealings with our company. I believe after speaking with these organizations, they will find these negative claims made at the prior council session to be severely inaccurate and misinformed. I have a decade and a half track record of positive influence in this community. In that time, there have been occasional unsatisfied customers, altercations, and Page 406 of 578 disagreements, as with any service -based business. We have had hundreds of thousands of dollars in damages and unpaid rent caused by tenants over the years, which has lead to many tense situations of evictions and other actions. I can guarantee this tenant is not the only one who does not like our company or myself. But as in most cases there are two sides to every story. We feel like our overall body of work has greatly contributed to this city, so if the council chooses not to do business with me over a personal altercation with someone who was not even my tenant and who is using their undisclosed relationship with a council member for political purposes, I can accept that and take my business and investments elsewhere to other communities. However, I am still willing to proceed with the outlined rehab plans if this proposal were to move forward, and keep business as business. I hope my track record and references will stand above the misrepresented claims in the end. Thank you for your time and consideration. TYLER JUNKER Rock Star Real Estate Page 407 of 578 IHouse of Hope Empowering Women. Building Futures. Enriching Communities. To Whom It May Concern; House of Hope is in full support of Rockstar Real Estate purchasing and rehabbing properties from the city. Rockstar Real Estate has partnered with House of Hope for many years in providing quality apartments/houses at a low monthly rate. With a range from $535-$900/month we have had over 50 families find places they liked and could afford. Rockstar has worked with us on innovative ideas over the years, willing to try new ideas and open to out of the box thinking. Currently, we are renting 4 units from Rockstar and just ended a 5th lease this month as a participant took over the unit and signed their own lease with Rockstar. These units are being used as a 3-month transitional apartment through a program called Home For Awhile. Rockstar has been open to many ideas over the years, but this one has proven extremely effective and has grown over the past 3 years. In this program, House of Hope signs a lease for 3 months. A family moves into the apartment as a participant of House of Hope programming. During this time the participant works with HOH to gain employment, childcare, transportation, a sustainable financial plan, and has access to all HOH resources such as wellness, legal clinic, life skills classes, and any problem solving desired. At the end of the 3 months, the participant has the opportunity to move into HOH if there is a long-term apartment available, find housing on their own (most of which has been found with Rockstar), or to stay in the apartment and sign a lease directly with Rockstar. While Rockstar has agreed that at the end of the 3 months if things do not work out, we could walk away from the apartment, we have not once had to let an apartment go without a participant choosing to take over the lease. Rockstar has jumped into many emergency situations when we have called. They hired additional contractors to get a house rehabbed months ahead of schedule in order to provide housing for a family that was living in a hotel and close to losing their section 8 voucher due to lack of additional extensions. They have prioritized getting places rent ready prior to their listed availability so that families could move in and open a space at HOH for families currently homeless. They expedited a turnover, moving their whole crew to cleaning and prepping an apartment immediately, when we called stating that a family had been staying overnight in their car and we put them in a hotel for 4 nights trying to find someplace available. They have even accepted creative solutions to approving housing for families that did not qualify based on past rental history or the ratio of income to rent. On multiple occasions our staff has seen an apartment when it has first come available either by new acquisition or by a long-term tenant from the previous owner leaving. The before and after renovations are astounding. The maintenance staff and contractors do a complete job including new cabinets, updating flooring, windows, paint etc. After they are done, they bring in a cleaning crew to make sure the place is completely ready for a move in. This is to properties that have already been spoken for, not just ones that are going on the market. Beyond the initial taking on the lease, we have used their online system for maintenance needs and have always had timely repairs and follow up. www.houseofhopeccd.org 319.232.3823 845 W. 4th St., Waterloo, IA 50702 Page 408 of 578 While Tyler Junker is the driver behind the partnership, Traci and Brett both have given us their cell phones, communicate on potential openings of affordable places, jump in when we have an emergency housing need, and have constantly shown they care about the quality of place the families are moving into. Beyond providing quality affordable housing, they have referred single moms that had fallen behind on rent to us and have worked with them on getting caught back up. They have reached out when someone we have referred does not respond to any communications. They have even called us when they saw someone making a decision that seemed unsafe and asked us to check in on them. Tyler, Traci, and Brett have consistently shown us that while they are in a for -profit business, they truly care about this community. Based on years of working with RockStar Real Estate, I truly believe that if given the opportunity to purchase run down properties, they will put the time and money into making them quality, they will rent them at low to fair market rates, and they will create additional section 8 options (as all of their properties are section 8 eligible.) Sincerely, Page 409 of 578 Myke Goings 1203 West Second Street Waterloo, Iowa 50701 December 27, 2024 To whom it concerns: This letter is in support of Rock Star Real Estate purchasing properties from the City of Waterloo. First, some background. We have lived in our house for 28 years. [December 1996] Over the years we have seen our neighborhood go from single family houses to a majority of rental properties. In that transition we've seen it change from proud homeowners to mediocre landlords to slumlords that don't care who they rent to or what the condition of their properties looks like. We also watch houses sitting empty and deteriorating. In 2019, when Rock Star Real Estate purchased the house that adjoins our property, 308 Baltimore, I didn't have much hope for a good landlord. I got a big surprise. Before they rented to anyone they went in and remodeled most of the house if not the whole house. They also preserved the natural woodwork in the house. To my surprise they also remodeled the house at 305 Baltimore Street after purchasing it. I've seen that process happen several other times in the neighborhood. I don't know what their process is for selecting renters but they get quality tenants. They are quiet overall. I can think of one minor issue that we had with a tenant. That issue was addressed immediately by Rock Star Real Estate. From my experiences with Rock Star Real Estate and their tenants, I always recommend Rock Star Real Estate first. If you have any questions for me, please feel free to contact me. Sincerely, Myke' Q Page 410 of 578 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 January 6, 2025 AGENDA ITEM TITLE Resolution approving a Development Agreement with Rock Star Real Estate, LLC in conjunction with the rehabilitation of 1027 W. 3rd Street and 128 Lincoln Street, including a grant of $10,000.00 for partial purchase price refund and a grant of $10,000.00 for infill housing incentive, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo took possession of 1027 W 3rd St and 128 Lincoln Street through 657A action and requested proposals for the rehabilitation of the sites. The City of Waterloo received one complete bid (a second proposal was deemed incomplete and non -responsive for failing to include the required earnest check and to provide other information required by the RFP). Staff reviewed the proposal, and determined that the City should proceed with the proposal. Tyler Junker, owner of Rock Star Real Estate, has a solid background in rehabbing dilapidated homes and managing properties. They have also worked closely with Habitat for Humanity, are on their action team, and have worked to promote homeownership. They also work closely with the City of Waterloo for the Section 8 program. Tyler has noted an intent to keep his business at about the same size in units that they manage, so as they acquire new units that they fix up, they will look to sell other units within their portfolio, often looking at existing tenants who are interested in becoming owner -occupants. With the acquisition of these two homes, he has indicated an intent to sell 2 other homes to an owner -occupant. Examples of properties that Rock Star owned and has already sold include 1140 Hammond Ave., 2008 W. 4th St, 1638 Robin Rd., and 112 Summit Ave. NEIGHBORHOOD IMPACT Rehabilitation of the homes would have a positive impact on the neighborhoods. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Infill Development COMMUNITY ENGAGEMENT METHODS Page 411 of 578 A public Hearing was held on December 2, 2024. SOURCE OF EXPENDITURES Nuisance Abatement Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION The Southwesterly 45 feet of Lot 4 and the Southwesterly 45 feet of the Northwesterly 23.6 feet of Lot 5, all in Block 1 in Whitney & Sedgwick's Addition to the City of Waterloo, Iowa. Also, Lot 53 except the West 30 feet thereof, Morris Case's Addition to the City of Waterloo, East Side of Cedar River, Black Hawk County, Iowa. ATTACHMENTS 1 Rock Star Real Estate DA 1027 W 3rd and 128 Lincoln developer signed (2) 2. Proposal Rock Star - 1027 W 3rd St 3. Proposal Rock Star - 128 Lincoln St 4. Letter to Council - January 2025 5. Letter of Support (House of Hope) 6. Letter of Support (Myke Goings) Page 412 of 578 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 Rock Star Real Estate, L.L.C. ("Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. Developer is willing and able to finance and rehabilitate existing properties owned by City that are located at 1027 W. 3rd St, Waterloo, Iowa, and 128 Lincoln St., Waterloo, Iowa (the "Properties"), legally described as set forth on Exhibit "A" attached hereto. B. City considers development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that rehabilitation of the Properties is in the best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Properties to Developer for the aggregate sum of $25,200.00 (the "Purchase Price") (allocated as $20,100.00 for 1027 W. 3rd Street and $5,100.00 for 128 Lincoln Street), of which $2,000.00 shall be paid in certified funds to City to be held in trust as earnest money and applied at closing to the Purchase Price. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) Page 413 of 578 general utility and right-of-way easements serving the Properties; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Developer until Developer delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Developer may, at its own expense, obtain whatever form of title 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, in which case City shall refund the earnest money to Developer as promptly as possible. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Developer. Developer acknowledges that it has had a reasonable opportunity to inspect the Properties and to conduct other due diligence related to the Project. Developer agrees to accept the Properties in their "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Properties, their marketability, or their fitness for any particular purpose. At its own cost Developer shall (a) remove and properly dispose of all debris and unwanted personal property from the dwellings, (b) renovate the existing structures to a finished state for single-family residential purposes, and (c) make other improvements to the buildings and grounds, including but not limited to sidewalk, and shall be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Developer shall submit specific plans, building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will 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, including but not limited to all final permit inspections. The Properties, the Improvements, and all other work to make the project site usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to cause the Project to be undertaken and to renovate the Properties and complete the Improvements in a timely manner constitutes a material inducement for the City to sell the Properties to Developer and to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Developer must obtain a building permit and begin 2 Page 414 of 578 renovation of one of the dwellings within six (6) months after the date of conveyance of title (the "Start Date") and must Substantially Complete construction of Improvements within eighteen (18) months after the last date of conveyance (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for construction of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or reverter. If Developer does not begin or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 12, and City shall then have no further obligation to Developer under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Developer shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 12, City shall have no further obligations to Developer under this Agreement, including but not limited to any legal or equitable obligation to reimburse Developer for any costs expended by Developer with respect to the Project or to compensate Developer for any value added to the Properties 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, 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 Properties that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Developer. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against either of the Properties. 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 3 Page 415 of 578 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 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 either of the Properties of any type or nature whatsoever that attaches to either of the Properties 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. 4.1. Utilities. Developer will be responsible for obtaining or extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Properties and for payment of any associated connection fees. 5. City Incentives. To aid the Project, City agrees to provide the following assistance: A. Partial Purchase Price Refund. Within thirty (30) days after Developer has Substantially Completed the Improvements and has obtained final inspection on all permits obtained for the Project, City will refund $10,000.00 of the Purchase Price to Developer. B. Grant. Concurrently with partial refund of the Purchase Price pursuant to paragraph A above, City will make a $10,000.00 infill housing incentive grant to Developer within thirty (30) days after the Improvements are Substantially Completed. 6. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Developer agrees that it shall not create, incur, or suffer to exist any Liens on the Properties, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's completion of the Improvements and of which Developer notifies City before Developer executes any such mortgage. Developer may not mortgage the Properties or any part thereof for any purpose except in connection with financing of the Improvements. Any mortgage in violation of this Section shall be void. 7. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Properties prior to completion of 4 Page 416 of 578 the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 8. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Until the Improvements have been Substantially Completed, Developer shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Developer with respect to construction of the Improvements. B. Developer will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the 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 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 Properties or any portion thereof without City's prior written consent. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed 5 Page 417 of 578 to be conducted, and to enter into and perform its obligations under this Agreement. B. This Agreement has been duly and validly authorized, executed and delivered by Developer and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Developer that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. C. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. D. There are no actions, suits or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective) or financial position of Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. 11. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of 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 Properties, or this Agreement, without the prior written consent of City, except as expressly authorized by this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer pursuant to this Agreement, shall prove to have been 6 Page 418 of 578 incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof; E. Developer (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 Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Properties. 12. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, the 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 to recover ownership of the Properties 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. 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 7 Page 419 of 578 as a waiver of any other or any subsequent default and shall not impair any such right or power. 13. Indemnification and Releases. A. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to properties or any injury to or death of any person occurring at or about the Properties or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its employees, contractors or agents, or any other person who may be on or about the Properties or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Developer agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Properties and the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Developer's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City 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 Page 420 of 578 15. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 16. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 17. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, at PO Box 538, Waterloo, Iowa 50704, Attention: Tyler Junker. 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. 18. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 19. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly 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 9 Page 421 of 578 default by another party shall not affect or impair any rights arising from any subsequent default. 20. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 21. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 22. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 26. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 10 Page 422 of 578 CITY OF WATERLOO, IOWA ROCK STAR REAL ESTATE, By: By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk a Tyler Junker, 11 Page 423 of 578 EXHIBIT "A" Property Description The Southwesterly 45 feet of Lot 4 and the Southwesterly 45 feet of the Northwesterly 23.6 feet of Lot 5, all in Block 1 in Whitney & Sedgwick's Addition to the City of Waterloo, Iowa. Also, Lot 53 except the West 30 feet thereof, Morris Case's Addition to the City of Waterloo, East Side of Cedar River, Black Hawk County, Iowa. Page 424 of 578 City of Waterloo Property Offer to Bid Form Property to be bid upon: 1027 West 3rd Street Name(s) in which property would be transferred: (k° SYf\ R Rill {- Q5 I A Transfer Form: Parma c (For example, individual ownership, tenants -in -common, joint tenancy with full rights of survivorship) Name of bidder: fcoCk , 5 1 L R L 1Th C Address of bidder: f b PIN 5-3'j tArattx, Ty_ 7o Phone & e-mail of bidder: 3(cf al-1 0 i P\ocGC y7iltR D W & C GM P TLc Loin My offer for this property is: $ 3,01 .00 ` 1%kNT1 TM?u ,V O o N /-jVAT) Minimumfbid of $5,000. Proposals Tess than minimum will noE be considered ffo $1,000.00 earnest fee required. Indicate certified check or money order: aKTL �IECll( (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties. Certified check or money order required.) Brief Description of intended Improvements and proposed use: SIA&'gr1-7-L1/ F6A� s o l AVNT L (lo/wry �-�l N 8 AaiEPTED N1TR 511(4, m F �rugk ' � iN A 1 Furthermore, I understand the zoning designation of the property and understand the zoning and building code requirements that I am bound by this designation for my use of property, and historic preservation regulations that apply. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline and other development provisions. Signatur�'of . .. ant/proposer D to * Please Place his sheet at the beginning of your bid packet when submitting to the City Planning Department. If bidding on multiple properties, please use a separate bid packet for each bid, exv Page 425 of 578 City of Waterloo Property Offer to Bid Form Property to be bid upon: 128 Lincoln Street Name(s) in which property would be transferred: ROC. -S ! I ` Z PMC E + T Transfer Form: f `figrV F S /tip (For example, individual ownership, tenants -in -common, joint tenancy with full rights of survivorship) Name of bidder: ‘1\,o (A- S i (Ji. C. C,c TALE I-. LC Address of bidder: )4.2 h)( S 3 wil-TkILO C0)0 Lf Phone & e-mail of bidder: 3 ti j-1° S-7 (AR a GM L Cc)111 My offer for this property is: $J � —ofu .Mi id of $5,000. Proposals less than minimum will not be considered PAW $1,000.00 earnest fee required. Indicate certified check or money order: CfCr Li--W C IC (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties. Certified check or money order required.) Brief Description of intended Improvements and proposed use: 52-rtubLg- MMJY' HMS A SsngNrTA L PaoPZT67 ,S& Crtrv,t g A a 0'71F-17 S3? 7(\T p estfile Vitt) Furthermore, I understand the zoning designation of the property and understand the zoning and building code requirements that I am bound by this designation for my use of property, and historic preservation regulations that apply. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline and other development provisions. Signature of ailicant/proposer GI/a)/QC( Date * Please Place this sheet at the beginning of your bid packet when submitting to the City Planning Department. If bidding on multiple properties, please use a separate bid packet for each bid. Page 426 of 578 To whom in may concern: 27 December 2024 My name is Tyler Junker and I have been a resident and business owner in Waterloo since 2007. While I regret that I am unable to attend tonight's meeting, I have prepared this statement to address the proposal being presented, as well as responding to remarks made about me and my company, Rock Star Real Estate, at a previous council meeting. Rock Star Real Estate is a veteran -owned business founded in 2009, starting with a single home purchase. With adding a few more each year progressively - we have now grown to over 210 residential units in Waterloo with additional property in the surrounding Cedar Valley communities. Our primary mode of operation has been buying neglected, dilapidated properties —many uninhabitable —and turning them into affordable, quality housing. We believe our work in the city has been a major "win - win," as we've operated a successful business while simultaneously addressing blighted, dangerous properties that the city otherwise would have had to deal with. For example, we are the investors who transformed what has been known as the "Carter Building" at W 2nd and Allen, updating this property from a drug -infested, active criminal location with only four occupants living in substandard conditions - into a 34 unit, modern, fully occupied, affordable apartment building. Similarly, we invested into what is known as the "Drake" building at W 3rd St and Locust with a number of similar upgrades. We made these improvements even well before Habitat for Humanity started focusing a large amount of their attention to Church Row. I only point this out to showcase that we have been at the forefront AND an ally to organizations like Habitat for Humanity with their efforts to turn these neighborhoods around. Unlike a number of out -of -area landlords who buy and neglect their properties, we have invested millions and millions in improvements that the city would have otherwise had to address. An example is this very request being discussed today. To my knowledge, Rock Star Real Estate is the only entity to submit a complete proposal for the two properties on this agenda. These properties were publicly posted and emailed to a wide group of investors over an extended period of time, and we were the only ones to submit a full proposal —one of which greatly exceeds the minimum bid requirement. Regarding the council meeting where this proposal was last tabled, I would like to address several points raised by council members at that session. The first concern was about homeownership and limiting rental properties in certain neighborhoods, which is a valid concern. However, I believe Rock Star has been in the background Page 427 of 578 beginning to help with this issue. In the past, I have been a member of the Church Row Physical Action Team, run by Habitat for Humanity, where I gained insight and a better understanding of the ratios of home ownership to rental property. Regarding the real -world impact we have had in promoting homeownership, we have sold numerous properties directly to long-term tenants and also listed homes in much needed price ranges for owner -occupants. These include 1140 Hammond Ave, 807 Forest Ave, 623 Jane Street, 2008 W 4th Street, 1315 Grant Ave, 303 Euclid Ave, 112 Summit Ave, 1638 Robin Road, and we are also listing 2621 Randolph Street next week. Other home ownership promotions include working with Section 8 tenants going through a new program that will allow them to use their monthly voucher towards a home purchase instead of renting. We have also identified and reached out to numerous long-term tenants who have a track record of consistently paying their rent and encouraging them to connect with a trusted lender at Veridian Credit Union who will give them guidance to improve their credit and get a real plan towards being approved for financing. Along with that, we have directed a number of our tenants to reach out to Waterloo Community Development for information on their down payment grant which is the other major part that goes in hand with getting financing. Yes, we have a lot of rental units and there will always be a need for quality housing to rent. But we have also been proactive in discussing home ownership when it has made sense for tenants who seem to be ready to have that discussion. Additionally, within the past few months, I was approached by Director LeKeisha Veasley regarding an increasing issue of Section 8 participants being unable to find landlords who will accept their vouchers, leading to many that are expiring past their deadlines. Even when the vouchers are accepted, stricter inspection requirements are preventing some properties from being eligible for the program. So in notating that these properties could be Section 8 homes - this was from the direct feedback and needs communicated to me by city representatives. Additionally, for years, Rock Star has worked with the House of Hope regarding finding stable housing for their program participants. I would like to share a letter from the House of Hope's Executive Director, Karin Rowe, that highlights their experience with our company: (Please read endorsement letter from Karin Rowe at House of Hope) Regarding the sale of these specific properties in this proposal, I typically hold properties for at least one year to avoid short-term capital gains. While future market conditions are never certain, our general plan is to sell several single-family homes Page 428 of 578 each year, either directly to tenants or on the market when tenants move out. I can assure you that before completing the rehab of these two homes, we will sell at least two single family homes to offset these purchases. While I may not sell these exact properties right away, our acquisition of these units will ultimately add additional homeownership in the city. The last subject of that evening was a concern raised by another council member about my behavior as a landlord and the upkeep of our properties. To give a brief framework of the situation, this was due to an unfortunate altercation I had with an anonymous individual who contacted me by voicemail and text with severely aggressive threats. This person was not my tenant, did not make their identity and name known, and again was threatening violence along with other gestures. While I regret mocking this person in my response and my choice of words, I will not be threatened by a grown man who I have no association or business with. This was a private dispute between two grown men that would have never been the subject of a council meeting - if it were not for the undisclosed personally vested interests of the council member speaking against me. It came to be known later that the person threatening me, and the tenant who appeared to make remarks at the prior council session - are both related to this council member. The council does represent all citizens of Waterloo and should address concerns fairly and equally, but it is not unreasonable to expect a family relationship to at least be disclosed and mentioned in this situation. And as I have already stated, I regret my choice of words in responding to this individual who was threatening me, but threats and mocking are two different things. This council member has yet to reach out to hear the other side of this altercation or denounce their threats - but with this person being their family member - I can only assume they have already made their final conclusions. I would encourage any council members with concerns about how my company operates to speak with Waterloo Code Enforcement, the rental inspection office, the fire department inspection office, Section 8 inspectors, Waterloo Community Development, and caseworkers at House of Hope and other organizations who work with housing placements. They can provide insight into how the quality of our properties compares to other rental units in the city, and also comment on their dealings with our company. I believe after speaking with these organizations, they will find these negative claims made at the prior council session to be severely inaccurate and misinformed. I have a decade and a half track record of positive influence in this community. In that time, there have been occasional unsatisfied customers, altercations, and Page 429 of 578 disagreements, as with any service -based business. We have had hundreds of thousands of dollars in damages and unpaid rent caused by tenants over the years, which has lead to many tense situations of evictions and other actions. I can guarantee this tenant is not the only one who does not like our company or myself. But as in most cases there are two sides to every story. We feel like our overall body of work has greatly contributed to this city, so if the council chooses not to do business with me over a personal altercation with someone who was not even my tenant and who is using their undisclosed relationship with a council member for political purposes, I can accept that and take my business and investments elsewhere to other communities. However, I am still willing to proceed with the outlined rehab plans if this proposal were to move forward, and keep business as business. I hope my track record and references will stand above the misrepresented claims in the end. Thank you for your time and consideration. TYLER JUNKER Rock Star Real Estate Page 430 of 578 IHouse of Hope Empowering Women. Building Futures. Enriching Communities. To Whom It May Concern; House of Hope is in full support of Rockstar Real Estate purchasing and rehabbing properties from the city. Rockstar Real Estate has partnered with House of Hope for many years in providing quality apartments/houses at a low monthly rate. With a range from $535-$900/month we have had over 50 families find places they liked and could afford. Rockstar has worked with us on innovative ideas over the years, willing to try new ideas and open to out of the box thinking. Currently, we are renting 4 units from Rockstar and just ended a 5th lease this month as a participant took over the unit and signed their own lease with Rockstar. These units are being used as a 3-month transitional apartment through a program called Home For Awhile. Rockstar has been open to many ideas over the years, but this one has proven extremely effective and has grown over the past 3 years. In this program, House of Hope signs a lease for 3 months. A family moves into the apartment as a participant of House of Hope programming. During this time the participant works with HOH to gain employment, childcare, transportation, a sustainable financial plan, and has access to all HOH resources such as wellness, legal clinic, life skills classes, and any problem solving desired. At the end of the 3 months, the participant has the opportunity to move into HOH if there is a long-term apartment available, find housing on their own (most of which has been found with Rockstar), or to stay in the apartment and sign a lease directly with Rockstar. While Rockstar has agreed that at the end of the 3 months if things do not work out, we could walk away from the apartment, we have not once had to let an apartment go without a participant choosing to take over the lease. Rockstar has jumped into many emergency situations when we have called. They hired additional contractors to get a house rehabbed months ahead of schedule in order to provide housing for a family that was living in a hotel and close to losing their section 8 voucher due to lack of additional extensions. They have prioritized getting places rent ready prior to their listed availability so that families could move in and open a space at HOH for families currently homeless. They expedited a turnover, moving their whole crew to cleaning and prepping an apartment immediately, when we called stating that a family had been staying overnight in their car and we put them in a hotel for 4 nights trying to find someplace available. They have even accepted creative solutions to approving housing for families that did not qualify based on past rental history or the ratio of income to rent. On multiple occasions our staff has seen an apartment when it has first come available either by new acquisition or by a long-term tenant from the previous owner leaving. The before and after renovations are astounding. The maintenance staff and contractors do a complete job including new cabinets, updating flooring, windows, paint etc. After they are done, they bring in a cleaning crew to make sure the place is completely ready for a move in. This is to properties that have already been spoken for, not just ones that are going on the market. Beyond the initial taking on the lease, we have used their online system for maintenance needs and have always had timely repairs and follow up. www.houseofhopeccd.org 319.232.3823 845 W. 4th St., Waterloo, IA 50702 Page 431 of 578 While Tyler Junker is the driver behind the partnership, Traci and Brett both have given us their cell phones, communicate on potential openings of affordable places, jump in when we have an emergency housing need, and have constantly shown they care about the quality of place the families are moving into. Beyond providing quality affordable housing, they have referred single moms that had fallen behind on rent to us and have worked with them on getting caught back up. They have reached out when someone we have referred does not respond to any communications. They have even called us when they saw someone making a decision that seemed unsafe and asked us to check in on them. Tyler, Traci, and Brett have consistently shown us that while they are in a for -profit business, they truly care about this community. Based on years of working with RockStar Real Estate, I truly believe that if given the opportunity to purchase run down properties, they will put the time and money into making them quality, they will rent them at low to fair market rates, and they will create additional section 8 options (as all of their properties are section 8 eligible.) Sincerely, Page 432 of 578 Myke Goings 1203 West Second Street Waterloo, Iowa 50701 December 27, 2024 To whom it concerns: This letter is in support of Rock Star Real Estate purchasing properties from the City of Waterloo. First, some background. We have lived in our house for 28 years. [December 1996] Over the years we have seen our neighborhood go from single family houses to a majority of rental properties. In that transition we've seen it change from proud homeowners to mediocre landlords to slumlords that don't care who they rent to or what the condition of their properties looks like. We also watch houses sitting empty and deteriorating. In 2019, when Rock Star Real Estate purchased the house that adjoins our property, 308 Baltimore, I didn't have much hope for a good landlord. I got a big surprise. Before they rented to anyone they went in and remodeled most of the house if not the whole house. They also preserved the natural woodwork in the house. To my surprise they also remodeled the house at 305 Baltimore Street after purchasing it. I've seen that process happen several other times in the neighborhood. I don't know what their process is for selecting renters but they get quality tenants. They are quiet overall. I can think of one minor issue that we had with a tenant. That issue was addressed immediately by Rock Star Real Estate. From my experiences with Rock Star Real Estate and their tenants, I always recommend Rock Star Real Estate first. If you have any questions for me, please feel free to contact me. Sincerely, Myke' Q Page 433 of 578 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 January 6, 2025 AGENDA ITEM TITLE Resolution approving a request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 4th Addition, a 39-lot industrial subdivision in the "M-2,P" Planned Industrial District, located east of 4050 Leversee Road. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting the Final Plat of Waterloo Air and Rail Park Fourth Addition. The plat includes 39 lots. The 39 lots will range in size from 0.96 acres to 15.08 acres, with a majority of the lots being 0.96 and 1.09 acres, with an average acreage of 2.13 acres. There are 6 Tracts shown: Tracts A through E are for stormwater management, with Tract A at 2.13 acres, Tract B is 4.21 acres, Tract C is 1.46 acres, Tract D is 1.76 acres, Tract E is 0.73 acres, and Tract F which is the extension of WARP Drive and Hyper Drive right-of-way is 6.04 acres. Total acreage is 99.39 acres. All buildings developed will need to meet the requirements of the Waterloo Regional Airport Overlay Zoning, which limits the height of buildings in the area. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood or land use as the area being platted is part of the Waterloo Regional Airport and is adjacent to the east of previously platted areas of the Waterloo Air and Rail Park. DATA, ANALYSIS, AND STRATEGIES N/A IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION N/A COMMUNITY ENGAGEMENT METHODS The request was presented to the Planning, Programming and Zoning Commission which voted 5-0 Page 434 of 578 to recommend approval of the request at their December 10, 2024 meeting. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION N/A LEGAL DESCRIPTION Waterloo Air and Rail Park 4th Addition, being portions of the Fractional Northwest Quarter (FRL NW 1/4) of Section 5, Township 89 North (T89N), Range 13 West (R13W) and the Southwest Quarter (SW 1/4) of Section 32, Township 90 North (T90N), Range 13 West (R13W) of the 5th Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows:Beginning at the northwest corner of Tract "B", Waterloo Air and Rail Park 3rd Addition; thence South 52°57'33" East 1876.81 feet along the southeasterly extension of the northerly line of Waterloo Air and Rail Park 3rd Addition, said line also being 1,002.0 feet southwesterly of and parallel with the centerline of Waterloo Regional Airport Runway 12/30; thence South 01°12'16" East 1252.11 feet to the south line of the said Southwest Quarter of Section 32; thence South 0°21'16" West 960.28 feet; thence North 89°38'34" West 515.74 feet; thence North 0°21'16" East 269.19 feet; thence South 89°37'14" West1015.21 feet; thence South 0°20'56" East 657.36 feet; thence South 90°00'00" West 190.83 feet; thence North 0°20'56" West 655.56 feet to the southwest corner of Tract "D", Waterloo Air and Rail Park 2nd Addition; thence North 88°02'09" East 100.00 feet (measured as North 89°02'26" East 99.89 feet) along the south line of said Tract "D" to the southeast corner of said Tract "D"; thence North 0°20'23" West 2072.59 feet (measured as North 0°20'20" West 2072.74 feet) along the east line of said Waterloo Air and Rail Park 2nd Addition to the southeast corner of Lot 3, Waterloo Air and Rail Park 2nd Addition; thence North 0°20'23" West 477.62 feet along the east line of said Lot 3 to the south line of Tract "A", Waterloo Air and Rail Park 3rd Addition; thence southeasterly along a southeasterly line of said Tract "A" being a curve concave southwesterly with an arc of 82.04 feet in length and radius of 303.00 feet with a long chord bearing South 60°37'31" East 81.79 feet; thence South 52°57'22" East 15.63 feet along a southeasterly line of said Tract "A" to the southeast corner of said Tract; thence North 37°02'27" East60.00 feet along a southeasterly line of said Tract "A" to the southeast corner of Tract "B", Waterloo Air and Rail Park 3rd Addition; thence North 0°19'52" East 528.49 feet along the east line of said Tract "B" to the point of beginning containing 99.39 acres. ATTACHMENTS 1. 12.10.24 - Staff Report WARP 4 2. Overview - WARP 4th 3. Aerial - WARP 4 4. WARP 4TH_PLAT-FINAL PLAT_11-22-2024 5. Deed of Dedication WARP 4th Addition 6. WARP 4th Certificate of Survey_signed 7. Application Page 435 of 578 December 10, 2024 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: Request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 4th Addition, a 39-lot industrial subdivision in the "M- 2,P" Planned Industrial District. City of Waterloo, 715 Mulberry, Waterloo, IA 50703 The applicant is requesting to approve the final plat of Waterloo Air and Rail Park 4th Addition, a 39-lot industrial subdivision. The request would not appear to have a negative impact on the surrounding neighborhood or land use as the area being platted is part of the Waterloo Regional Airport and is adjacent to the east of previously platted areas of the Waterloo Air and Rail Park. The proposed plat would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by WARP Drive and Hyper Drive, which are local streets that connect to Leversee Road, which is a collector, and WARP Drive connects with Lone Tree Road, which provides a connection to US Highway 218. There are no recreational trail is located near the site and no sidewalks in the area. The area of the proposed plat is zoned "M-2,P" Planned Industrial District and has been zoned as such since the adoption of Ordinance No. 4077 on March 13, 1995. Surrounding land uses and their zoning are as follows: North — Waterloo Regional Airport zoned "M-2,P" Planned Industrial District. South — Waterloo Regional Airport zoned "M-2,P" Planned Industrial District East — Waterloo Regional Airport zoned "M-2,P" Planned Industrial District. West — Waterloo Air and Rail Park zoned "M-2,P" Planned Industrial District. Industrial Development built in 2023 and 2024. No buffers would be required as a part of this plat request. A drainage plan will need to be submitted to Engineering when buildings are constructed. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Final Plat WARP 4`h Addition Page 1 of 5 Page 436 of 578 December 10, 2024 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: Insurance Rate Map, Community Number 190025 and Panel Number 0166G and 0167G dated May 8, 2024. There are no schools in the vicinity. Big Wood Lakes Park is located % of a mile to the west in Cedar Falls. Utilities are currently being extended into the plat area. The Future Land Use Map designates this area as Industrial. The proposed plat conforms to the Future Land Use Map and Comprehensive Plan. The applicant is requesting the Final Plat of Waterloo Air and Rail Park Fourth Addition. The plat includes 39 lots. The 39 lots will range in size from 0.96 acres to 15.08 acres, with a majority of the lots being 0.96 and 1.09 acres, with an average acreage of 2.13 acres. There are 6 Tracts shown: Tracts A through E are for stormwater management, with Tract A at 2.13 acres, Tract B is 4.21 acres, Tract C is 1.46 acres, Tract D is 1.76 acres, Tract E is 0.73 acres, and Tract F which is the extension of WARP Drive and Hyper Drive right-of-way is 6.04 acres. Total acreage is 99.39 acres. All buildings developed will need to meet the requirements of the Waterloo Regional Airport Overlay Zoning, which limits the height of buildings in the area. The Final Plat includes the following items: 1) legal description 2) property lines: dimensions 3) date 4) easements 5) right-of-way 6) proper property lot sequence 7) adjoining subdivisions 8) Engineer's Certificate of Survey 9) Deed of Dedication Building setback lines will be set during the Site Plan review process. The Deed of Dedication is currently being reviewed. Final Plat WARP 4`h Addition Page 2 of 5 Page 437 of 578 December 10, 2024 Picture 1: Looking south from WARP Drive toward the new CPM building along the plat area. Picture 2: Looking southeast from the current end of WARP Drive at the area to be platted. Final Plat WARP 4th Addition Page 3 of 5 Page 438 of 578 December 10, 2024 Picture 3: Looking north from Hyper Drive at the area to be platted. Picture 4: Looking east along Hyper Drive. Final Plat WARP 4th Addition Page 4 of 5 Page 439 of 578 December 10, 2024 STAFF Therefore, staff recommends that the Final Plat for Waterloo Air RECOMMENDATION: and Rail Park 4th Addition be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. Final Plat WARP 4th Addition Page 5 of 5 Page 440 of 578 City of Waterloo Planning, Programming and Zoning Commission December 10, 2024 r r r �: uI �u��■I�I,1� a m n 7 p SUPEIcn)R.WAY m 0 r:2,-022om'rrl nt 7. 1z°RRLN LA►fES���ir _tz�nz —W DUNKERTON RD WARP DR LEVERSEE RD 1 MIDPORTBLVD 0J 71 r I1 1 011 W AIRLINE HWY F'RALPIME RD ROg04.1Y W BIG ROCK Waterloo Air and Rail Park 4th Addition Final Plat City of Waterloo n.,,.,, A A ,' ,.F c7 ,. ` o* WA 7. 4, o .4.�—tea — � / v 1 1 City of Waterloo Planning, Programming and Zoning Commission August 13, 2024 •eRNfoto- %]I• r 117NR. enS. _a ,. .oTechnologies, c, • ensus •Bureau• USA`, U Waterloo Air & Rail Park 4th Addition Final Plat City of Waterloo Pam:, AA? ofG 7 . o* ur!'ar� a a Index Legend Location Description: FRL NW 1 /4, Sec 5, T89N, R13W SW 1/4, Sec. 32, T9ON, R13W City of Waterloo, Iowa Requestor: Noel Anderson, City of Waterloo Proprietor: City of Waterloo Surveyor: William W. Castle Surveyor Company: City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312 FINAL PLAT WATERLOO AIR AND RAIL PARK 4TH ADDITION A PLAT OF PORTIONS OF THE FRACTIONAL NW 1/4, SEC. 5, T89N, R13W AND OF THE SW 1/4, SEC. 32, T9ON, R13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA Waterloo Air and Rail Park 4th Addition, being portions of the Fractional Northwest Quarter (FRL NW 1/4) of Section 5, Township 89 North (T89N), Range 13 West (R13W) and the Southwest Quarter (SW 1/4) of Section 32, Township 90 North (T9ON), Range 13 West (R13W) of the 5th Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows: Beginning at the northwest corner of Tract "B", Waterloo Air and Rail Park 3rd Addition; thence South 52°57'33" East 1876.81 feet along the southeasterly extension of the northerly line of Waterloo Air and Rail Park 3rd Addition, said line also being 1,002.0 feet southwesterly of and parallel with the centerline of Waterloo Regional Airport Runway 12/30; thence South 01 °12'16" East 1252.11 feet to the south line of the said Southwest Quarter of Section 32; thence South 0°21 °16" West 960.28 feet; thence North 89°38'34" West 515.74 feet; thence North 0°21'16" East 269.19 feet; thence South 89°37'14" West 1015.21 feet; thence South 0°20'56" East 657.36 feet; thence South 90°00'00" West 190.83 feet; thence North 0°20'56" West 655.56 feet to the southwest corner of Tract "D", Waterloo Air and Rail Park 2nd Addition; thence North 88°02'09" East 100.00 feet (measured as North 89°02'26" East 99.89 feet) along the south line of said Tract "D" to the southeast corner of said Tract "D"'; thence North 0°20'23" West 2072.59 feet (measured as North 0°20'20" West 2072.74 feet) along the east line of said Waterloo Air and Rail Park 2nd Addition to the southeast corner of Lot 3, Waterloo Air and Rail Park 2nd Addition; thence North 0°20'23" West 477.62 feet along the east line of said Lot 3 to the south line of Tract "A", Waterloo Air and Rail Park 3rd Addition; thence southeasterly along a southeasterly line of said Tract "A" being a curve concave southwesterly with an arc of 82.04 feet in length and radius of 303.00 feet with a long chord bearing South 60°37'31" East 81.79 feet; thence South 52°57'22" East 15.63 feet along a southeasterly line of said Tract "A" to the southeast corner of said Tract; thence North 37°02'27" East 60.00 feet along a southeasterly line of said Tract "A" to the southeast corner of Tract "B", Waterloo Air and Rail Park 3rd Addition; thence North 0°19'52" East 528.49 feet along the east line of said Tract "B" to the point of beginning containing 99.39 acres. Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. Survey field work completed on November 16, 2023. 3. All dimensions are in US Survey feet and decimals thereof. 4. See Deed of Dedication for covenants and restrictions. 5. Tracts "A", "B", "C", "D", and "E" are for storm water management serving the subdivision. 6. Tract "F" to be dedicated to the City of Waterloo for Warp Drive and Hyper Drive right-of-ways. Plat Legend: A Found Government Corner • Set Government Corner • Found Monument Set 5/8" x 24" Rebar O w/Blue Plastic Cap "Iowa - 19715" El Cut "X" in concrete, found or set (123.45') Record Measurement 123.45' Field Measurement POC Point of Commencement POB Point of Beginning I hereby certify that this surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. (/Z Z/z) William W. Castle, PLS Date License Number 19715 My License Renewal Date is December 31, 2025. Pages or sheets covered by this seal : /ALL 0 100 ZONING INFORMATION CURRENT ZONING: M-2, P: PLANNED INDUSTRIAL YARD SETBACKS FRONT: 25 FEET REAR: 40 FEET SIDE: 5 FEET AREA PER QUARTER QUARTER -QUARTER SQ. FT. ACRES NW 1/4 SW1/4 SEC 32 224,172 5.15 NE 1/4 SW 1/4 SEC 32 594,492 13.65 SW 1/4 SW 1 /4 SEC 32 392,892 9.02 SE 1/4 SW 1/4 SEC 32 1,752,356 40.23 TOTAL SW 1/4 SEC 32 2,963,911 68.04 NW 1/4 NW 1/4 SEC 5 282,853 6.49 NE 1/4 NW 1/4 SEC 5 1,037,305 23.81 SW1/4NW1/4SEC5 45,518 1.04 TOTAL NW 1/4 SEC 5 1,365,676 31.35 TOTAL AREA 4,329,587 99.39 400 800 Scale: 1 inch = 400 feet - -� WATERLOO OO AIR AND RAIL PARK 3RD ADD. (N 00°19'52" W 528.49') (N 37°02'27" E 60.00') .LONE TREE ROAD • L 9 5 0' Cs r1;c3 04407 WARP DR ARC: (82.04') RAD: (303.00') DELTA: (15°33'07") CHORD: (S 60°37'31" E) CHORD: (81.79') WATERLOO AIR AND RAIL PARK 1ST ADD. E LAKE ST LEVERSEE ROAD J RAIL WAY (N 0°20'23"W 477.62') - WATERLOO AIR AND RAIL PARK 2ND ADD. - HYPER DRIVE - - • WATERLOO AIR AND RAIL PARK 2ND ADD. (N 89°02'09" E 100.00') N 89°02'26" E 99.89' 1 1 b Cr FUTURE PHASES OF WATERLOO AIR AND RAIL PARK 040 ui z N WATERLOO REGIONAL AIPORT POB oo`� (S 52°57'22" E 15.63') lvq AOc.�-- - HYPER DR (PRO.) S 0°20156" E 657.35' S 90°0'0" W 190.83' S 89°37'14" W 1015.21' w io in N Z N FUTURE PHASES OF WATERLOO AIR AND RAIL PARK 01°12'16" E 1252.11' 9- 0 cc N 89°38'44" W 515.74' O 0) J o . O Qi, i . i v A, 1 4 v; .113 • • DATE 11/22/2024 REVISIONS: DATE: 11/22/2024 SHEET: 1 OF 4 age 443 u u78 L LOT 7 WATERLOO AIR AND RAIL PARK 3RD ADD. 1 WARP DRIVE 60' PLATTED ROW 10' PUE • - 20' STORM SEWER AND DRAINAGE EASEMENT LOT3 WATERLOO AIR AND RAIL PARK 1ST ADD. 50' STORM SEWER r EASEMENT 10' PUE CND, I APPROXIMATE SOUTH LINE NW 1/4, SW 1/4, SEC. 32, T9ON, R13W WATERLOO AIR AND RAIL PARK 2ND ADD. LOT 5 TRACT "B" STORM WATER MANAGEMENT FD. 1/2" REBAR W/ BLUE CAP #22259 (TYPICAL) TRACT "B" co 0 0 (N89°21'12"E) N89°19'51"E 20' DRAINAGE EASEMENT (100.00') • 99.94' REGIONAL DETENTION BASIN • N V (V POB 15 FOOT AIRPORT FENCE ACCESS EASEMENT 79 O e 0 �tiOPc moo. LOT 1 161,056 SF 3.70 ACRES APPROXIMATE WEST LINE NE 1/4, SW 1/4, SEC. 32, T9ON, R13W moo • N 89°02'49" E 21.03' 00 LOT2 234,154 SF 5.38 ACRES N 89°02'49" E 1 62.45' 83.48' 0 273.00' 700 O 700 70 000 LINE TABLE LINE NO. BEARING (M & R) DISTANCE (M & R) L1 S 52°57'22" E 15.63' L2 N 37°02'27" E 60.00' 70 000 7 70°O �1.� o, S 6;10 6j, \u'O„ 7, 7 08 00,Ne APPROXIMATE SOUTH LINE NE 1/4, SW 1/4, SEC. 32, T9ON, R13W APPROXIMATE WEST LINE SE 1/4, SW 1/4, SEC. 32, T9ON, R13W • 0 72, RM WATER MANAGEMENT AND DRAINAGE EASEMENT 392.74' 22.5' • 30' 70 00, LOT3 175,053 SF 4.02 ACRES • 10' PUE 70 10' PUE CURVE TABLE CURVE NO. ARC LENGTH RADIUS (PLAT) RADIUS (MEAS.) DELTA ANGLE CHORD BEARING CHORD DISTANCE C1 82.04' 303.00' 302.24' 15'33'07" S 60'37'31" E 81.79' C2 352.21 390.00' 52°44'36" S 27°05'15" E 340.36' C3 256.90' 390.00' 37'44'33" S 34'05'16" E 252.28 C4 95.30' 390.00' 14°00'03" S 08°12'58" E 95.06' C5 406.39' 450.00' 52°44'36" N 27°05'15" W 392.72' C6 3.70' 450.00' 0°28'15" N 52°43'25" W 3.70' C7 103.05' 450.00' 13°07'16" N 45°55'40" W 102.83' C8 103.24' 450.00' 13°08'42" N 32°47'41" W 103.01' C9 96.40' 450.00' 12°1625" N 20°05'08" W 96.21 C10 100.00' 450.00' 12°43'58" N 07°34'56" W 99.80' UNPLA TTED NE 1/4 SW 1/4 SEC. 32-90-13 700 70 'Tx) 00o 0. N N 85°39'50" E 338.92' C6 PARCEL AREAS - TRACTS LOT SQ. FT. ACRES TRACT A 92,768 2.13 TRACT B 183,413 4.21 TRACT C 63,811 1.46 TRACT D 76,694 1.76 TRACT E 31,690 0.73 TRACT F 263,235 6.04 TOTAL 711,611 16.34 1002.00' SOUTHWESTERLY AND PARALLEL WITH THE CENTERLINE OF RUNWAY 12/30 0' e</� LOT 28 °00 65,959 SF ('5 1.51 ACRES • • In N �06 30.87' LOT 27 75,933 SF 1.74 ACRES N6 PARCEL AREAS - LOTS LOT SQ. FT. ACRES 1 161,056 3.70 2 234,154 5.38 3 175,053 4.02 4 107,975 2.48 5 105,000 2.41 6 105,282 2.42 7 315,003 7.23 8 288,229 6.62 9 657,086 15.08 10 47,575 1.09 11 45,577 1.05 12 47,588 1.09 13 47,590 1.09 14 47,592 1.09 15 47,594 1.09 16 47,596 1.09 17 50,424 1.16 18 47,598 1.09 19 47,600 1.09 20 47,602 1.09 21 47,604 1.09 22 47,607 1.09 23 47,609 1.09 24 47,611 1.09 25 47,618 1.09 26 72,459 1.66 27 75,933 1.74 28 65,959 1.51 29 42,000 0.96 30 42,000 0.96 31 42,000 0.96 32 42,000 0.96 33 42,000 0.96 34 42,000 0.96 35 42,000 0.96 36 42,000 0.96 37 42,000 0.96 38 42,000 0.96 39 74,217 1.70 TOTAL 3.619.791 APPROXIMATE EAST LINE SW 1/4, SEC. 32, T9ON, R13W TRACT D'GEMENT STORM WATER 4SFR1 76 ACRES 76, 1.1 76° 04 23„ E 418 g2 \8. 39.20' LOT 26 72,459 SF 29.49' 0, co 0, • 83.10 APPROXIMATE EAST LINE SW 1/4, SEC. 32, T9ON, R13W NE CORNER TRACT "D" \\__ IS S 88°47'13" W 1.34' FROM EAST LINE OF SW 1/4 • ih 0 N 15 FOOT AIRPORT FENCE ACCESS EASEMENT UNPLATTED SE 1/4 SEC. 30-90-13 F 00 O WATERLOO, BLACK HAWK CO., IA N U U 0 z CC 0 FILENAME REVISIONS DATE: 11/22/2024 SHEET: 2 OF 4 N 89°02'49" E 315.74' • • N 89°02'49" E 350.00' 1.66 ACRES Page 444of5 • TRACT "B" STORM WATER MANAGEMENT LOT 5 FD. 1/2" REBAR W/ BLUE CAP #22259 (TYPICAL) • 1 20' DRAINAGE EASEMENT WATERLOO AIR AND RAIL PARK 2ND ADD. LOT4 10' PUE HYPER DRIVE 60' PLATTED ROW N 89°02'49" E 21.03' /N 89°02'49" E if 62.45' O N 0°20'20" W 2072.74' 83.48' O M 0 M z 89.21' 0 °" FD. 1/2" REBAR W/ 90.84' 10' PUE LOT3 BLUE CAP #22259 MANAGEMENT TRACT "B' O 0 LOT 234,154 SF 5.38 ACRES 273.00H- N 89°02'49" E 315474'_ LOT8 288,229 SF M 6.62ACRES co co O SOUTH LINE SW 1/4, SEC. 32, T9ON, R13W I 324.77' 0 O TRACT "F" 263,235 SF 6.04 ACRES 10' PUE LOT3 175,053 SF 4.02 ACRES RM WATER MANAGEMENT AND DRAINAGE EASEMENT 392.74' 22.5' 45' N 89°02'49" E 350.00' LOT 7 315,003 SF 7.23 ACRES APPROXIMATE WEST LINE SE 1/4, SW 1/4, SEC. 32, T9ON, R13W 350.00' 10' PUE S 89°02'49" W 1114.01' N 89°02'49" E 1113.96' 10' PUBL1TILITY EASEMENT 1023.12' LOT9 657,086 SF 15.08 ACRES 01°12'57" W 900.01' %' 2sss, )•,„ 0 ¢, A'`,.\Q9 s N 85°39'50" E 338.92' LOT4 107,975 SF 2.48ACRES N 88° 47'03" E 350.00' C6 0I VI N N 10' PUE o LOT5 0 Oo 105,000 SF 00 2.41 ACRES ) N 88° 47'03" E 350.00' 0 0 0 M LOT6 105,282 SF 2.42ACRES 350.00' HYPER DRIVE 60' PUBLIC ROW THIS PORTION OF HYPER DRIVE IS NOT CENTERED ON THE SECTION LINE. 0 75 150 Scale: 1 inch = 150 feet O 0 0 0: cLo 0 cc U a 0 z 0 v7 TRACT "F" LOT 27 75,933 SF 1.74 ACRES In Io 4.88' 263,235 SF 6.04 ACRE I0 0 N6 TRACT MAD'GEMENT STOR6,6 4 SFR1 76 ACRES N-76.042 7 LOT 26 72,459 SF 1.66 ACRES N 88°47'44" E 456.07' LOT 21 47,604 SF 1.09 ACRES Q H- z w 2 w w C) 0 0 w U z w L_ 0 0 Q 0 z W 0 z 0 H z w W z 2 w Q 2 0 co co 0 O 4 0 455.97' LOT 20 47,602 SF 1.09 ACRES to 0 O OI II� � SEE 8 DETAIL "B" 455.95' LOT 19 04 co 00 7 0 0 O5 I 4,1F .9 ARS • 460' o LT 2 761 S 0U .9 ARS • , 460' LT 2 p 4,0F 10CE 5.1 O2 0 4,0F 10CE O 0 0 0 0 0 O 0 0 0 0 I0 0 I � o LOT 18 I 47,598 SF 0 47,600 SF 1.09 ACRES 455.93' 1.09 ACRES N 88°47'44" E 455.91' 11.54' w LOT 17 50,424 SF 1.16 ACRES N 89°38'44" W 455.91' 18.52' 0 N CO O LOT 16 47,596 SF 1.09 ACRES 455.89' LOT 15 47,594 SF 1.09ACRES I o 0 0 O 455.87' 0 15 FOOT AIRPORT FENCE ACCESS EASEMENT UNPLA TTED SE 1/4 SEC. 30-90-13 S 01°12'16" E 1252.11' S 1/ 4 CORNER SEC. 32, T9ON, R13W - FD. 1" OPEN PIPE W/ YELLOW CAP #8505 / PER 2006 15216 O SEE \ DETAIL "A" UNPLA TTED FRL NE 1/4 SEC. 5-89-13 Q Zw ILL M 2 W o Z X OAF'-�< W LU O cNi �0w01,- ZZp3O,-N lL W N O) OZ2aMV U W WATERLOO, BLACK HAWK CO., IA N ❑ U U m z 0 ❑ FILENAME REVISIONS DATE: 11/22/2024 SHEET: 3 OF 4 Page 445 of 5 • FD. 1/2" REBAR W/ 10' PUE BLUE CAP #22259 89.21' SEE DETAIL "C" 324.77' 350.00' 10' PUBLIC UTI _ITY EASEMENT 350.00' HYPER DRIVE 60' PLATTED ROW 10' PUE o� COLC) r FD. /2" REBAR W/ BLUE CAP #22259 WATERLOO AIR AND RAIL PARK 2ND ADD. LOT3 (S 89°02'09" W 100.00') N 89°02'26" E 99.89' 40' DRAINAGE EASEMENT - (S 88°02'09"W 993.40') - S 89°02'26" W 993.50' 638.15') 638.2 SW CORNER, LOT 1 WARP 2ND ADD FD. 1/2" REBAR W/ BLUE CAP #22259 UNPLATTED FRL NW 1/4 SEC. 5-89-13 APPROXIMATE SOUTH LINE FRL NW 1/4, NW 1/4, SEC. 5, T89N, R13W N 0°20'56" W 655.56' TRACT "F" 263,235 SF 6.04 ACRES N 89°02'49" E 1114.01' HYPER DRIVE ( 60' PUBLIC ROW N 89°02'49" E 1113.96' 90.84' 0 0 N 0 TRACT "B" STORM WATER MANAGEMENT 183,413 SF 4.21 ACRES O M O 03 0 N 0 S 0°20'56" E 657.35 S 90°0'0" W 190.83' 10' PUBLIC UTILITY EASEMENT 1023.12' NORTH LINE FRL NW 1/4, SEC. 5, T89N, R13W APPROXIMATE WEST LINE FRL NE 1/4, FRL NW 1/4, SEC. 5, T89N, R13W THIS PORTION OF HYPER DRIVE IS NOT CENTERED ON THE SECTION LINE. 7 rn O LOT9 w 657,086 SF co 15.08 ACRES 0 N STORM WATER MANAGEMENT & DRAINAGE EASEMENT S 89°37'14" W 1015.21' DETAIL "A" NE COR, LOT 17 36' W FUTURE PHASES OF WATERLOO AIR AND I RAIL PARK Z UNPLATTED FRL NW 1/4 SEC. 5-89-13 1.53' N 89°02'49" E 18.52' N 01°12'16" W LINE BEND TO S 1/4 COR. 2,647.56' S 89°02'49" W NW COR. TO LINE BEND S 1/4 COR, SEC. 32, T9ON, R13W DETAIL "B" 16.52' N 01°12'57" W 4.99' N 0°20'36" E 2,191.51' S 89°02'49" W NW COR, SEC. 5, T89N, R13W ui SEE DETAIL "B" 1 11.54' co N rn 455.93' LOT 18 47,598 SF 1.09 ACRES N 88°47'44" E 455.91' LOT 17 50,424 SF 1.16ACRES 0 O S 1/4 CORNER SEC. 32, T9ON, R13W FD. 1" OPEN PIPE W/ YELLOW CAP #8505 PER 2006 15216 18.52' O N 89°38'44" W 455.91' w 0 LOT 16 v V V 47,596 SF 1.09ACRES W H 0: M 455.89' Q z I--'N..ZW N b LOT 15 D W 0 47,594 SF Cip 1.09ACRES Z CO �O 455.87' 2 w w v D W U LOT 14 0 0 I� a 47,592 SF Z W oo cj . 1.09 ACRES < Z 00 J 455.85' W IWi /r I- H- Z 0 LOT 13 < a 47,590 SFM CC 14 0 1.09ACRES p Q 455.83' � Z o Q LOT12Lo 47,588 SF 10 1.09 ACRES O 455.81' TRACT "C" STORM WATER MANAGEMENT 63,811 SF 1.46 ACRES 455.78' LOT 11 45,577 SF 1.05 ACRES 455.76' N co SEE DETAIL "A" 0 0 0 0 0 0 O 0 0 0 • • 0 - Z N O Q 0 1- J Z O J 0 a�Q o UNPLATTED Z Q FRL NE 1/4 SEC. 5-89-13 0 1- 15 FOOT AIRPORT 0 O FENCE ACCESS EASEMENT 0 60.0' LOT 10 45,575 SF 1.05 ACRES 455.74' Q 50 FOOT STORM AG MANAGEMENT, MANANAGEMENT, O DRAINAGE, AND O /AIRPORT FENCE ACCESS EASEMENT APPROXIMATE SOUTH LINE FRL NE 1/4, FRL NW 1/4, SEC. 5, T89N, R13W NW COR, LOT 17 457.58' N 89°02'49" E N 1/4 COR, SEC. 5, T89N, R13W -N 89°38'44" W 515.74'- - - DETAIL "C" SW COR, SEC. 32, T9ON, R13W 1,017.19' S 89°02''49" W SE CORNER LOT 10 IS S 89°39'34" E 1.76' FROM EAST LINE OF SW 1/4 APPROXIMATE EAST LINE _7/ FRL NW 1/4, SEC. 5, T89N, R13W SW COR, TRACT "A" 30.63' 29.37' NW COR, �- TRACT "B" 1,631.90' / N 89°02'49" E S 1/4 COR, SEC. 32, T9ON, R13W S 1/4 CORNER SEC. 5, T89N, R13W FD. 1/2" REBAR IN PCC PER MISC BK 344 PG 129 N 0°20'26" E 5083.9 0 75 150 aQp WATERLOO, BLACK HAWK CO., IA Q U W 0 3- ❑ U U m z 0 ❑ FILENAME REVISIONS DATE: 11/22/2024 SHEET: 4 OF 4 SW COR, SEC. 32, T9ON, R13W Scale: 1 inch = 150 feet age 44b of 5 : DEED OF DEDICATION WATERLOO AIR AND RAIL PARK, 4th ADDITION WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA The City of Waterloo, Iowa ("Owner"), being desirous of platting the land described in the attached Certificate of Survey, by William W. Castle, a licensed land surveyor, dated November 22, 2024, does by these presents designate and set apart the described premises as a subdivision of the City of Waterloo, Black Hawk County, Iowa, the same to be hereafter known as and called Waterloo Air and Rail Park, 4th Addition, Waterloo, Black Hawk County, Iowa (the "Property"), all of which is with the free consent and desire of the undersigned, and the undersigned hereby dedicates and sets apart for public use the streets and avenues as shown on the attached plat. The undersigned hereby covenants and agrees for itself, its successors and assigns, that said subdivision shall be and the same is hereby made subject to the following restrictions as fully and effectively for all intents and purposes as if the same were contained and set forth in each deed, conveyance and mortgage that this grantor or its successors in interest may hereafter make and that such restrictions shall run with the land in the particulars hereinafter stated, to wit: ARTICLE I DEDICATION; RESTRICTIONS 1. Establishment of Restrictions. The Property is now held and shall hereafter be held, transferred, sold, leased, conveyed and occupied, subject to the covenants, conditions, restrictions and easements set forth in this instrument, each of which shall run with the land and shall be binding upon the inure to the benefit of each and every parcel of the Property, and each of which shall apply to and bind and benefit and may be enforced by the owner of each or any parcel of the Property, and the heirs, assignees and successors in interest of each and every owner of a parcel or parcels. 2. Utilities. Any company or agency supplying electricity, gas or communication service to any parcel in said addition shall have the right to construct, maintain and operate permanent underground gas, electricity, or communication feeder or service facilities, within the easement lines as shown on the plat of said addition attached hereto. Further, the City of Waterloo and any public company having a franchise for the distribution and sale of gas, electricity, water or communication service in said City shall have the right to construct, maintain and operate underground sewer, water, gas and communication service lines within the easement lines as shown on the plat attached hereto. The proprietor, agents and contractors of all such service corporations or agencies shall have the right of reasonable access to their said services and installations for the purpose of the proper construction, inspection, maintenance, repair, replacement and removal of their lines and equipment. 3. Other Easements. Owner does hereby dedicate and convey to the City of Waterloo, Iowa, its successors and assigns, perpetual easements for surface water drainage as shown on the plat attached hereto, including but not limited to the right to construct, maintain and operate any facilities or improvements relating thereto. Page 447 of 578 Owner does hereby dedicate and convey to the Waterloo, Iowa Regional Airport, its successors and assigns, perpetual easements for airport fence maintenance as shown on the plat attached hereto, including but limited to the right to construct, maintain, and operate any facilities or improvements relating thereto. 4. Further Dedications. Owner hereby further dedicates and conveys to the City of Waterloo, Iowa, its successors and assigns, the areas designated on the plat map as Tracts "A", "B", "C", "D", "E", and "F". Tract "F" is dedicated for street and right-of-way purposes. Tracts "A", "B", "C", "D", and "E" are dedicated for storm water management purposes, development purposes and such other purposes as the City of Waterloo may hereafter declare by separate instrument for said Tracts. The City of Waterloo shall have discretion to dedicate and/or convey such portions of Tracts "A", B", "C", "D", and "E" as may be desirable for or in connection with private development of adjacent parcels and to place upon such tract or portion thereof such additional restrictions, or to release same from any limitation of purpose set forth above, as the City of Waterloo considers necessary or advisable. The owners of lots in the subdivision, as well as owners of lots in Waterloo Air and Rail Park, 1st Addition (the "1st Addition"), Waterloo Air and Rail Park, 2nd Addition (the "2nd Addition"), and Waterloo Air and Rail Park, 3rd Addition (the "3rd Addition") shall enter into one or more agreements for the maintenance and repair of storm water facilities as required by the Waterloo Code of Ordinances and other governing law. 5. Storm Water Management Facility. Tracts "A", "B", "C", "D", and "E" in the subdivision shall be storm water management facilities (the "Facilities"), and said Facilities shall benefit certain lots in this subdivision and in the 1st Addition, 2nd Addition, and 3rd Addition, all as described on Exhibit "A" attached hereto (collectively, the "Benefited Property"). The Owner shall perform the duties with relation to the Facilities as required under a Maintenance and Repair Agreement to be filed concurrently with this Deed of Dedication, until such time that the Owner, in its sole discretion, assigns such duties to the WARP Storm Water Drainage Association (the "Association"). The Owner shall file articles of incorporation and adopt bylaws of the Association on or before the date on which the City of Waterloo, Iowa has accepted the Facilities and other public improvements pursuant to the plat of this subdivision. The purpose of the Association shall be to ensure compliance with the Maintenance and Repair Agreement and to perform such other functions as may be set forth in the articles of incorporation and bylaws of the Association. The Association shall have authority to establish annual fees for membership in the Association and shall have authority to adjust the annual membership fees as it deems appropriate to carry out the duties described in this paragraph and in the Maintenance and Repair Agreement. The owner of each lot or other parcel of land included in the Benefited Property shall be a member of the Association. The annual fee to be paid by each Association member shall be proportional to the square footage or acreage of real estate owned by the member as compared to the square footage or acreage of the Benefited Property. Membership fees that are unpaid shall be assessed as a lien against the member's property in the manner and as provided for in the articles of incorporation or bylaws of the Association. 2 Page 448 of 578 ARTICLE II USE OF THE PROPERTY 1. Permitted Use. Unless otherwise specifically prohibited by the City of Waterloo or other governmental agency, permitted uses shall be distribution warehouse, office facilities, technological or business operation, manufacturing, assembly facility, laboratory and research. 2. Uses Not Permitted. The following uses are expressly prohibited: Auto salvage yard, feed and fuel yard, slaughter houses, stock yards, or other facilities processing or handling live animals, the rendering or refining of fats and oils, or residential use. This is in addition to limitations called for in the zoning restrictions or ordinances applicable to the Property from time to time. 3. Other Conditions Not Permitted. Any facility or operation which causes a nuisance due to noise, odor, rubbish accumulation and/or release of hazardous materials in violation of applicable law, rule, regulation or order shall not be permitted. 4. Temporary Structures. Temporary structures will be allowed to be used only as construction offices and/or small tool sheds. The temporary structures are to be removed within two (2) years after placement. ARTICLE III DEVELOPMENT STANDARDS 1. Vehicle Parking. All vehicle parking requirements must be provided for within the property boundaries and shall be set back from all property lines with street frontage a minimum of five (5) feet. 2. Truck Parking and Maneuvering. The maneuvering area for trucks must be such as to allow for the truck to back up to the buildings or parking spaces without using the street as part of the maneuvering area. 3. Pavement Requirement. The entire area for auto parking, truck parking and maneuvering shall be paved. Notwithstanding the foregoing, the parking area for empty trucks may be gravel, and outside storage areas, where approved, may be gravel. 4. Outside Storage. Outside storage will not be allowed, unless it is totally screened and approved through the site plan review process. 5. Landscape. The entire area that is not covered with building, pavement or gravel must be covered only by grass or landscaping in accordance with City of Waterloo requirements. 6. Building Materials. All exterior faces of buildings shall be finished. An expansion wall of different materials may be approved through the site plan approval process. 3 Page 449 of 578 7. Building Heights: The height of all proposed structures shall be subject to review and approval by the Waterloo Regional Airport and City of Waterloo before commencement of construction. 8. Fences. Where fences are to be installed, the fence shall be located entirely on the subject parcel and shall not be closer than ten feet from the street's right-of-way, and the area between the fence and the right-of-way shall be grassed and landscaped. The finished side of any fence shall be placed in such a manner as to face outward from the property. ARTICLE IV ORGANIZATION AND APPROVAL 1. Plan Approval. Proposed site plans will be reviewed through the City of Waterloo site plan process. Existing owners of land in the subdivision shall be notified of the plan review process at the time said plan is submitted to the City for review. 2. Duration of Covenants. Unless otherwise extended or removed, these restrictions shall be applicable for a term of twenty-one (21) years commencing upon the recordation hereof and thereafter may be renewed as provided in Iowa law. At any time, any of the restrictions may be terminated by written agreement joined in by the owners of 90% in area of the land subject hereto. 3. Amendment. These restrictions may only be amended in writing by the agreement of not less than the owners of 90% in area of the land subject hereto. Any amendment to these restrictions shall be recorded. Dated , 2025. STATE OF IOWA ) ) ss BLACK HAWK COUNTY ) • CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Acknowledged before me on , 2025 by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. 4 Page 450 of 578 Notary Public Page 451 of 578 Certificate of Survey Waterloo Air and Rail Park 4th Addition a) 03 s (0 Y 4-, (0 L 03 a) U -0 >- C _0 co L a)0 .0 0 O cu co +o 0 c0 a) C > co V) C U Y _c a) 0 4--, 0 >- >� > 0- j O N Q -csa) -c (0 J 4- -a 0 On c C 0 a) •rr. a) C Q (0 >- a E NL a) co -0 > C 03 E co m a) 0A (0 cc 1 0 z 0 o 0- t 0 F- rsi m c O U a) tts (0 U c-1 0) 0.0 (o L 0 z Cr) CO Q c O H c O a-, U a) N C 0 0 0 a) -C 4-, Co 4-, a) 4-, 0 C 0 _C 0 0 4-, (0 4-, N C 0 ro co 2 0 00 0 0 a) (moo O V d Lf) a) t O a; CI) and further described as follows: a a) 0) O 0A Q cB L *o �-, (0 •- U C O +' • .� �, m Z C L +N, +�-+ N N (o O QO CO a co Lc O +•, c6 iii N Q C O O O Y a� 0 +- t I-- +- 0A i U J L >ro CC a) - ?� a) O V ON Z > N (o U - i c0 -0 N O aU-, 0 C O O O U a N a ro 4- N (6 F- _ o L (0 (n +-, co_ �O L n °V c U 0 m vO-, CO 4- 613 N Q [0 �-' ,�, •�--� CO 0 0 :0 N C a) O m= 0 .� 3 oCr) ,� t (a Y= c m m t 3 -6 0 �� U +., Ol c-I co V) a--, V) L — 4- a--+ U U CU "CS O vUi Q to c-I00 j O- Z v = O N 7_ +, Z F- N L • ��+ >, c0 N N 0 co N L)) .0 'n "'6 ro U p c0 ..0 to Lf) -a 0 lf) N - L - aJ (0 (0 w U L a) � O ro N +Z i~�+-, a) C L i) N aO O co 73 m n i CO C O C� w -^ oo O •o o ro LL �. 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C m f0 r-I ° {�-' 01 = Z 0 U 0 CO a) = 0 4- +� m il3C1) n m O O O co t 4— •0 L *C (0 N Li) CO a) L 0 (0 U O 0 co C 00 ,� t +� 0N tV C[ U U OA U t 0 I? +' > •- on = > 4-, M L -o N -0 C +� C OA } O � \ . 4- a) N (0 4- 4- 61 0 0 CD 0 C >� N C p O ci c-I 0 CO 11') 0 0 00 r-I Z < +-, N (o +-, > 2 O (n 11) C0 +-, C 0 L C CO a) L N 4— 0 C 0 CO 4-, a, 1) a, L 0) U 0)) O U - C O n (0 0 0 -C 4-, (0 -C 4- a, U 5- 4-, - 4- 0) 4-, - 0 00 C 4— a) 4-, E 0 L C 0 E X C 0 0_ (1) C O CI) 4-, (0 U .0 (o L a) C 0 U CO 0 0 U (0 0 a) 4-, a) E C 0 0 E Page 452 of 578 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (FINAL) 1, APPLICATION INFORMATION: a. Applicant's Name (please print): City of Waterloo Address: 715 Mulberry Street Phone: 319-291-4366 City: Waterloo State: IA Zip: 50703 Email: noel.anderson(c�waterloo-ia.orq b. Status of Applicant: (a) Owner° (b) Other 0 (SELECT ONE): If other explain: c. Property Owner's Name if different than above (please print): _ Address: Phone: City: State: Zip:_ 2. PREPARER INFORMATION: a. Preparer's Business Name (please print): City of Waterloo PrimaryPreparer's Name: Wayne Castle Phone: 319-291-4312 E-mail: wayne.castle@waterloo-ia.org 3. PROPERTY INFORMATION: a. Name of Plat: Waterloo Air and Rail Park 4th Addition b. General Location of Property: East, north, and south of 4050 Leversee Road c. Area of Proposed Plat: 99.39 acres d. Area of Proposed Plat to be dedicated/conveyed to the City:N/A e. Value of area to be dedicated/conveyed to the City: N/A f. Zoning District(s): M-2, P 4. OTHER DOCUMENTATION: a. Date of Preliminary Plat Approval: P&Z 8/04/2020 City Council 8/17/2020 b. Six (6) copies of the Final Plat which are in conformance with Section 11-3-3 ofthe Subdivision Ord.(also submit a digital copy of the plat in PDF format) c. Tin-ee (3) copies of Deed of Dedication (must be original signatures) d. Three (3) copies of all Contract, Petition and Waiver forms (must be original signatures) e. Three(3) copies of Certificate of Survey (must be original signatures) 5. PUBLIC IMPROVEMENTS a. Costs for any public improvements: ElEstimate❑Actual Total Cost $o Storm Sewer Sanitary Sewer Paving Land Dedicated TOTAL The Request Fee of $215 + $10 per lot condition shall said sum or any part the information given will require that under oath and penalty of perj information will be used by ti making them . The Signature of Applicant $ 0.00 (payable to the City of Waterloo) is required. This fee is non-refundable. Under no be refunded for failure of said request to be approved. Any major change in any of the lest go back through the process, with a new Request Fee. TI u i ersigned certify information on this request and submitted along with i Es a , d correct. All arming, Programming, and Zoning nim n and th' W. erl+o ity Council in rize City Zoning Officials to enter to the request. Signature of Owner Date Page 453 of 578 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 January 6, 2025 AGENDA ITEM TITLE Resolution approving the acceptance of a deed and donation of real property to the City of Waterloo from Said Maktal and Samia Sheikh Alisufi, for property located at 406 Randall Street, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION This is a request to approve the donation of the property at 406 Randall Street to the City of Waterloo from Said Maktal and Samia Sheikh Alisufi. NEIGHBORHOOD IMPACT This request would appear to have a positive impact on the neighborhood because the city can look for entities to renovate the building or if deemed necessary the structure can be demoed by the city and a new home can be built on the property. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION The East 30 feet of Lot 7 in Block 3, First Addition to Oak Lawn; Black Hawk County, Iowa. Page 454 of 578 ATTACHMENTS 1. Donation Form 2. 406 Randall St Aerial Page 455 of 578 PROPERTY: 406 Randall Street LEGAL: The East 30 feet of Lot 7 in Block 3, First Addition to Oak Lawn; Black Hawk County, Iowa. OWNER: Said Maktal OFFER TO DONATE FORM As owner(s) of real property in the City of Wateloo, I (we) acknowledge desire to donate the above property to the City of Waterloo. I (we) hereby waive any such compensation rights and will promptly execute the necessary documents for the City of Waterloo, Iowa. This donation to the City of Waterloo, Iowa, is made knowingly, voluntarily, and not under coercion or threat of any nature by the City of Waterloo or its agents. Before signing this form, we have had the opportunity to consult with our own legal and tax advisors. References in the singular number include the plural, and vice versa. Said Maktal Sarnia Sheikh Alisufi By: �✓ By: Its: Owner Its: Spouse Please either e-mail or mail the signed form back to the Waterloo Planning and Zoning Department. Planning and Zoning City Hall Attn: Aric Schroeder 715 Mulberry Street Waterloo, IA 50703 arie.schroeder@waterloo-ia.org Phone: (319) 291-4366 Page 456 of 578 RANDALL- ST 406 Randall Street OAKLA WN AVE RANDALL ST+ Note: Base map data source is Black Hawk County. This map does not represent a survey. no liability is assumed for the actuary of the data delineated herein, eXher 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. 406 Randall Street Pa 1157 of 578 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 January 6, 2025 AGENDA ITEM TITLE Resolution approving a request by Robson Homes Inc., for the Preliminary Plat of Prairie Meadow Estates First Addition, a 49-lot residential subdivision in the "R-3" Multiple Residence District located east of Omaha Avenue. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The development is proposing 23 duplexes and one tri-plex for a total of 49 units. The Prairie Meadow Estates First Addition will be located to the east of Prairie Meadow Estates Addition. Prairie Meadow Estates Addition Final Plat was approved by City Council on April 6, 2015 and homes have been constructed since then. The parcel is 435,600 square feet (10 acres). Including right-of-way there will be approximately 8,889 square feet of area per unit. This exceeds the minimum requirement of 3,600 square feet for two- family dwellings, and 2,500 square feet for multi -family dwellings in the "R-3" Multiple Residence District. The duplexes meet the minimum lot width requirement of 70' and the minimum setback requirements. The smaller duplex will be 50' wide and be located 10' from another duplex building and there is a 15' side setback shown. The larger duplex will be 76' wide and will be 10' from other duplexes. The duplexes and 3-plex will stay in character and size with the existing residential properties in the area. The front yard setback for the 3-plex received a variance from the Board of Adjustment on July 23, 2024 to allow for a 25' front yard setback. The Zoning Ordinance requires in section 10-25-2 "Off - Street Parking Area Required" that multi -family row dwellings with individual driveways providing parking space(s) in the required front yard setback area and designed to permit the entrance or exit by backward movement of vehicles onto or off of a public street shall be permitted when the portion of said multi -family row dwelling that abuts the end of the driveway is set back at least 40 feet from the public street that the driveways connect to. The Subdivision Ordinance requires that preliminary plat submissions include such criteria as boundaries of property, proposed streets, easements, and widths of right-of-way, contours, and utility locations. The plat includes all of these items but is missing a label of use and ownership for each Outlot. This plat was reviewed by the Planning, Programming and Zoning Commission on July 9, 2024 and approved by the City Council on September 3, 2024, but at that time it only included 5 lots and was Page 458 of 578 proposed to be a condo development, and the developers decided to change the development to allow zero lot line development. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood or land use as the surrounding area is primarily twin homes and single-family homes with some 4-plexes. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Parcel "C" of Plat of Survey Document No. 2016-03795 of part of the Northwest Quarter of the Northeast Quarter of Section 11, Township 88 North, Range 13 West of the 5th P.M. Black Hawk County, Iowa. ATTACHMENTS 1. Pre Plat Council Packet 2. Prairie Meadows 1st Addition Engineering Letter Page 459 of 578 December 10, 2024 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: Request by Robson Homes Inc. for the Preliminary Plat of Prairie Meadow Estates First Addition, a 49-lot residential subdivision in the "R-3" Multiple Residence District located east of Omaha Avenue. Robson Homes Inc., 5901 Williams Blvd SW, Cedar Rapids, Iowa 52404 The applicant is requesting to plat the property in question for the purpose of creating a 49-lot residential subdivision for duplexes and one 3-plex, located east of Omaha Avenue. The request would not appear to have a negative impact on the surrounding neighborhood or land use as the surrounding area is primarily twin homes and single-family homes with some 4-plexes. The site is located to the east of Omaha Avenue, which is designated as a local street. There is a sidewalk along both sides of Grindstone Circle and Mourning Dove Drive. A sidewalk is proposed along both sides of the proposed street, Mystic Drive. It would appear that the preliminary plat request would not have a negative impact upon vehicular and pedestrian traffic in the area. Sidewalks are proposed along all street frontages in the preliminary plat. There are no trails in the nearby vicinity of the site in question. The area is currently zoned "R-3" Multiple Residence District and has been zoned as such since it was rezoned from "A-1" Agricultural District on October 6, 1980. Surrounding land uses and their zoning: North — Commercial Development, zoned "S-1", Shopping Center District. South — Vacant land and Cedar Valley Lawn Care, zoned "A-1" Agricultural District. East — Vacant land, zoned "R-3" Multiple Residence District. West — Residential Development, zoned "R-3,R-P" Planned Residence District. Commercial buildings to the north were constructed between 1994 and 2013. Nearby residential dwellings have been constructed from 2010 to the present. No screening or buffering is required as part of this request by ordinance standards. Prairie Meadows Estates First Addition — Preliminary Plat Page6of 5 Page 460 of 578 December 10, 2024 Picture 1: Looking north from Mourning Dove Drive along the property being platted. Picture 2: Homes recently built by the developer along Omaha Avenue. Prairie Meadows Estates First Addition — Preliminary Plat PageTof 5 Page 461 of 578 December 10, 2024 Picture 3: Looking south from Mourning Dove Drive. Picture 4: Looking south toward the Crossroads Mall. Prairie Meadows Estates First Addition — Preliminary Plat Page8of 5 Page 462 of 578 December 10, 2024 DRAINAGE: The applicant will need to submit a drainage plan to be approved through the Engineering Department. FLOODPLAIN: No portion of the property is located within a special flood hazard area as indicated by the 2024 Federal Insurance Administration's Flood Insurance Rate Map. PUBLIC /OPEN Kittrell Elementary is located 1.20 miles to the northwest. Blessed SPACES/ SCHOOLS: Maria Assunta Pallotta Middle School and Columbus High School are located approximately 1.00 mile to the northwest. UTILITIES: WATER, The preliminary plat shows an 8" Sanitary Sewer line located within SANITARY SEWER, all proposed streets. An 8" water line is proposed to be located STORM SEWER, ETC: along the southerly side of proposed Mystic Drive and along the easterly side of Grindstone Circle and Mourning Dove Drive. There are multiple easements utility and drainage easements proposed for the development. RELATIONSHIP TO The Future Land Use Map designates this area as "Mixed COMPREHENSIVE Commercial: Medium to High Density Residential; Professional LAND USE PLAN: Offices; Compatible Commercial". The proposed land use is in conformance with the Future Land Use Map for this area. The preliminary plat area is located within the Primary Growth Area as identified in the City's Comprehensive Plan adopted August 21, 2023. STAFF ANALYSIS — The development is proposing 23 duplexes and one tri-plex for a ZONING total of 49 units. The Prairie Meadow Estates First Addition will be ORDINANCE: located to the east of Prairie Meadow Estates Addition. Prairie Meadow Estates Addition Final Plat was approved by City Council on April 6, 2015 and homes have been constructed since then. The parcel is 435,600 square feet (10 acres). Including right-of-way there will be approximately 8,889 square feet of area per unit. This exceeds the minimum requirement of 3,600 square feet for two- family dwellings, and 2,500 square feet for multi -family dwellings in the "R-3" Multiple Residence District. The duplexes meet the minimum lot width requirement of 70' and the minimum setback requirements. The smaller duplex will be 50' wide and be located 10' from another duplex building and there is a 15' side setback shown. The larger duplex will be 76' wide and will be 10' from other duplexes. The duplexes and 3-plex will stay in character and size with the existing residential properties in the area. The front yard setback for the 3-plex received a variance from the Board of Adjustment on July 23, 2024 to allow for a 25' front yard setback. The Zoning Ordinance requires in section 10-25-2 "Off - Street Parking Area Required" that multi -family row dwellings with individual driveways providing parking space(s) in the required front yard setback area and designed to permit the entrance or exit by backward movement of vehicles onto or off of a public street shall Prairie Meadows Estates First Addition — Preliminary Plat Page9of 5 Page 463 of 578 December 10, 2024 STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECHNICAL REVIEW COMMITTEE: STAFF RECOMMENDATION: be permitted when the portion of said multi -family row dwelling that abuts the end of the driveway is set back at least 40 feet from the public street that the driveways connect to. The Subdivision Ordinance requires that preliminary plat submissions include such criteria as boundaries of property, proposed streets, easements, and widths of right-of-way, contours, and utility locations. The plat includes all of these items but is missing a label of use and ownership for each Outlot. This plat was reviewed by the Planning, Programming and Zoning Commission on July 9, 2024 and approved by the City Council on September 3, 2024, but at that time it only included 5 lots and was proposed to be a condo development, and the developers decided to change the development to allow zero lot line development. Knutson noted that the Engineering Department is working with the applicant to revise their drainage report, so it meets the regulations. Therefore, staff recommends that request by Robson Homes Inc. for the Preliminary Plat of Prairie Meadow Estates First Addition, a 49-lot residential subdivision in the "R-3" Multiple Residence District located east of Omaha Avenue, be approved for the following reasons: 1. The plat would not appear to have a negative impact on the surrounding area. 2. The plat would not appear to have a negative impact on traffic conditions in the area. 3. The plat will create an additional housing in the Primary Growth Area. And subject to the following condition(s): 1. That the Preliminary Plat be updated prior to it being submitted to City Council. Prairie Meadows Estates First Addition — Preliminary Plat Pal®of 5 Page 464 of 578 City of Waterloo Planning, Programming and Zoning Commission December 10, 2024 4 1 1 OLESONI RD � 1 111 �LANGLEYRD—W R-12;4KcoAPMN DR �Ci6rn✓rzi R- �A •LOISLN -O- m z z 0 TAI��C CT Z c7 CRE CT C:SJDE AP C-2; u CZ = JERSEY Ltl' Lj [ 111 Vi �V O W=C mr� ti-- iu pH�c3: —� E SHAULIS RD Prairie Meadows Estates ist Addition Preliminary Plat Robson Homes 11 n.,,.,. ncc ,.F C7G. ,.� 0* ` A7. Ao a � 7ro City of Waterloo Planning, Programming and Zoning Commission December io, 2024 .HET./ Prairie Meadows Estates 1st Addition Preliminary Plat N o* WA 7. �• � u 1►/�fl a Robson Homes, Inc 12 � -rvo Bono 4GG of G7 V:\Projects\2024\124.0552.01\CADD\PP 1240552 TSH.dwg JEREMY W MCCORMICK, PRELIMINARY PLAT - TITLE SHEET, 2024/11/26, 10:53 AM, ANSI FULL BLEED D (34.00 X 22.00 INCHES) PRELIMINARY PLAT FOR PRAIRIE MEADOW ESTATES FIRST ADDITION MULTI FAMILY RESIDENTIAL DEVELOPMENT CITY OF WATERLOO, IOWA PROJECT LOCATION VICINITY MAP SCALE: 1" = 500' ENGINEER SNYDER & ASSOCIATES 2727 SNYDER BLVD ANKENY IA 50023 CONTACT: ERIC CANNON PHONE: 515-964-2020 OWNER / DEVELOPER ROBSON HOMES INC. 5901 WILLIAMS BLVD SW CEDAR RAPIDS, IA 52404 CONTACT: JOE ROBSON PHONE: 319-350-3781 ZONING EXISTING ZONING: R-3 MULTI FAMILY RESIDENTIAL DISTRICT PROPOSED ZONING: R-3 MULTI FAMILY RESIDENTIAL DISTRICT NOTES 1. OUTLOT "A" WILL BE USED FOR STORM WATER MANAGEMENT BASIN. 2. STREET LOT "A" TO BE DEDICATED TO THE CITY. 3. OUTLOT "B" WIILL BE DEDICATED TO LOT 1 PRAIRIE MEADOW ESTATES ADDITION. 4. OUTLOT "C" , OUTLOT "D" AND OUTLOT "E" WILL OWNED BY THE DEVELOPER AND BE DEDICATED TO FUTURE LOT DEVELOPMENT INDEX OF SHEETS C100 PRELIMINARY PLAT - TITLE SHEET C200 PRELIMINARY - SITE LAYOUT AND UTILITIY PLAN C300 PRELIMINARY PLAT - GRADING PLAN 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. Eric D. Cannon, P.E. Date License Number P18954 My License Renewal Date is December 31, 2025 Pages or sheets covered by this seal: 11-26-24 IJ W M O os N N w Q 0 REVISED AS PER CITY COMMENTS REVISED AS PER OWNER REVISED AS PER CITY COMMENTS REVISED AS PER CITY COMMENTS z _0 U7 w T-R-S: TTN-RRW-SS 0 0 w >' 0 0) U a) L 0 CO a) (0 0 if) M N Engineer: JAL Technician: JWM Project No: 124.0552.01 Z 0 ce H w w 0 W W a WATERLOO, 1- w w Z w J 1- 1- J 0_ >- ce Z w DC 0 2727 S.W. SNYDER BLVD ANKENY, IOWA 50023 515-964-2020 I www.snyder-associates.com U SNYDER &ASSOCIATES Project No: 124.0552.01 Sheet C 100 13 Page 467 of 578 V:\Projects\2024\124.0552.01\CADD\PP_1240552 SIT.dwg JEREMY W MCCORMICK, PRELIMINARY - SITE LAYOUT AND UTILITIY PLAN, 2024/11/26, 10:54 AM, ANSI FULL BLEED D (34.00 X 22.00 INCHES) N N 0) M z 50' DRAINAGE EASEMENT Rim=908.37 Inv=898.09 8" PVC E Inv=898.02 8" PVC W Inv=897.92 8" PVC N LOT ApOW ARES ADDITION ESTPRAIRIE OUTLOT B 1,280 SF 0.03 AC 148.21 148.21' 5,187 SF 0.12 AC 148.21' 3,705 SF 0.09 AC 148.21' 3 7,928 SF 0.18 AC STREET LIGHT( YP) 15' SIDE YARD SETBACK --__ T RM \pL : u ►T 0! 7 0! 0! 03 0! 148.21'-" n EXISTING 10' P.U.E. 4"x San 148.21' 15' SIOE YARD 4 6,018 SF 0.14 AC 148.21' OUTLOT C 3,688 SF 0.08 AC 148 21 15' SIDE YARD SETBACK 10' P.U.E N -I 8"S(D) 15'ST Rim=902.77 F.L.=899.64 6" TILE N F.L.=899.20 6" TILE S F.L.=898.55 15" RCP E F.L.=898.36 15" RCP N Rim=897.54 Inv=886.77 8" PVC S Inv=886.67 8" PVC N 8"W1(D) 8•'S(D) - - - 8"W1(D) 8"S(D) - - Intake=902.20 F.L.=899.40 6" TILE N F.L.=899.24 6" TILE S F.L.=898.80 15" RCP W Cleanout Rim=909.12 6" Tile EXISTING 10' P.U.E. 49 6,896 SF 0.16 AC N 55.97' 7111/11111illti 60 00ji I 6,598 SF 0.15 AC T 54.49' 43.00' 43.00' 8 20' REAR RD SETBACK 5,251 SF 0.12 AC R RNAROUND 15' STORM SEWER EASEMENT 47 5,251 SF 0.12 AC 43.00' 0 8" SAN MYSTIC 8"S(D) 8' W1(D) 8"S(D) 8' W1(D) 8"S(D) Rim=891.91 F.L.=888.48 6" TILE N F.L.=888.34 6" TILE S F.L.=887.15 15" RCP E F.L.=887.00 15" RCP S FL =8-86 1-5" RCP-N- OMAHA AVENUE L0T6 IE MEADOW ESTATES ADITIO 8"W1(D)- - - 8 W1(D)- - - 8..W1(D) Intake=89t22 F.L.=888.62 6" TILE S F.L.=888.17 6" TILE N F.L.=887.82 15" RCP W LOT 7 OW es -TAATPRAIRIE S ADDITION EXISTING 15' DRAINAGE EASEMENT 43.00' 43.00' 5,251 SF 0.12 AC z0-43.00' 0 N-43.00' FO FO 5,160 SF 0.12 AC 45 5,251 SF 0.12 AC 16' TYP n43.00'-� 5,251 SF 0.12 AC 2. REAR YARD S: BAC 43.00' 43.00' 5' PUBLIC DRAINAGE EASEMENT 1 28' 43 5,251 SF 0.12 AC 43.00' 43.00 5,251 SF 0.12 AC 41 5,251 SF o 0.12 AC TREET LOT A /,WG SF 2.25 AC --43.00'F 43.00' Rim=885.39 Inv=875.29 8" PVC S Inv=875.23 8" PVC N 8"S(D) 8"W1(D) Intake=886.71 F.L.=882.92 12" NYLOPLAST S F.L.=882.92 12" NYLOPLAST N NO°09'20"W 1290.24' 43.00' 43.00 40 5,250 SF 0.12 AC g 43.00'-g 39 5,250 SF o 0.12 AC 18 0 5,160 SF 0 0.12 AC 43.00' 43.00' NO°09'27"W 807.75' OUTLOT D 28,787 SF 0.66 AC 807.69 SO°09'20"E 1289.75' ENTS LLC TIGER L1LY SEC � M g8N R13W I�IW 114 NE11 5,250 SF 0.12 AC T(TYP .-0-43.00' 0 8"W1(D) Rim=880.65 F.L.=876.34 6" TILE N F.L.=876.13 6" TILE S F.L.=875.20 15" RCP E F.L.=875.10 15" RCP S F.E 875 :09 15" RCP-N- - 8"S(D) 8"W1(D) Intake=880.19 F.L.=876.42 6" TILE S F.L.=876.04 15" RCP W 8"S(D) Intake=882.38 F.L.=878.97 12" NYLOPLAST S F.L.=878.97 12" NYLOPLAST N 43.00' 43.00' 37 5,250 SF o 0.12 AC "43.00.- 0 36 5,250 SF 0.12 AC 1 Rim=877.48 F.L.=872.12 6" TILE W F.L.=872.22 15" RCP SE F.L.=872.22 15" RCP E F.L.=874.32 18" RCP W Rim=877.47 F.L.=874.56 6" TILE S F.L.=873.35 15" RCP S F.L.=873.34 15" RCP E -Ft.*72:90-t5' RC-P-NW- 8"5(D) - 8"S(D) - - 8.11pke=876.72 F.L.=873.67 6" TILE N F.L.=872.99 15" RCP W 8"5(D 8"W1(D) - Rim=87&7-5 F.L.=875.23 6" TILE W F.L.=874.09 15" RCP N F.L.=874.04 15" RCP W F.L.=873.98 15" RCP S Intake=878.24 F.L.=874.27 10" HDPE S F.L.=874.27 12" PVC N D SETBACK 34 5,250 SF 0.12 AC 16' TYP 33 5,250 SF 0.12 AC RI MYSTIC D g43.00'-�_ 20' REAR YA 35 5,250 SF o 0.12 AC 43.00' 5,160 SF 0.12 AC 15' STORM SEWER EASEMENT 28' 7,772 SF 0.18 AC a NT 64.06'V- 10' P.U.E. Rirn=877.36 Iny=867.54 8" PVC S In y=867.54 8" PVC E IrV=867.40 8" PVC W T 4pOW PRAIRIE MEADOW E ADOW ESTATES AD DITION EXISTING 10' P.U.E. Intake=877.81 F.L.=874.79 6" TILE W F.L.=874.37 15" RCP S 6,225 SF 0.14 AC 123.96' 7,189 SF 0.17 AC 7,349 SF 0.17 AC 123.96' 5,330 SF 0.12 AC 123.96' 5,330 SF 0.12 AC 123.96' 5,330 SF 0.12 AC 123.96' OUTLOT E 5,113 SF 0.12 AC 15' SIDE YARD SETBACK 10'\P.U.E. 123 96 GRANULAR TEMPORARY TURNAROUND OUTLOT ADOW PRAIRIE ADDITION ESTATES 20' STORM SEWER EASEMENT Cr) M w 0) M ti N 0) CO Z OUTLOT A 30,352 SF 0.70 AC N co (NI N 0) co STORM WATER MANAGEMENT BASIN 8"S 8' O A' A2D k 44/V O co Q 24"S 0 50 FEET REVISED AS PER CITY COMMENTS REVISED AS PER OWNER REVISED AS PER CITY COMMENTS N M N REVISED AS PER CITY COMMENTS Z 0 H w w 0 w w a r m w Q Z 0 U) w Scale: 1" = 50' 0 0 w >, CO a) U a) 0 Engineer: JAL WATERLOO, z J 0 J z 1- 0 >- >- J w 1 z W 0 T-R-S: TTN-RRW-SS N 00 Y co 0 Technician: JWM O N U 1 CD co Project No: 124.0552.01 2727 S.W. SNYDER BLVD ANKENY, IOWA 50023 515-964-2020 I www.snyder-associates.com V SNYDER &ASSOCIATES Project No: 124.0552.01 Sheet C200 14 Page 468 of 578 V:\Projects\2024\124.0552.01\CADD\PP 1240552 GRDG.dwg JEREMY W MCCORMICK, PRELIMINARY PLAT - GRADING PLAN, 2024/11/26, 10:54 AM, ANSI FULL BLEED D (34.00 X 22.00 INCHES) rnco co N rn \ __ Inv=8Rim=908.37 8.09 8" PVC E Inv=898 02 8"PVC W Inv=89782 8" PVC N 4"x Post rA San tary StL. b 909 908 907. _906 0 i rn o Lem I`� 90 i 11011 1 894 �i i• ETBA 7- Rin2.77 - _= F_ .=899.64 6' TILE-TT-7 f_,. .=899-20=6=-TILE S F.=898.55 15" CP E F.L.=898.36 15" RCP N 8''S(D) L 8' 1.4 ) - im�897.54- Inv=886.77 8" I VC S / Inv=885.67 8" VC N Rim=891.91 F 88.48 6" TILE N F.L.=8613734 6-TILE S F,L.=887.15 15" RCP E F.L.=887.00 15' RCP S' -F.L:=886.61 " RCP 1 im=885.39 In)=875.28" PVC S n=875.23 8" PVC N I I Rim=880.65 F.L.=176.34 6" TILE N F.L.= 76.13 6" TILE S 1 F.L.=875.20 15" RCP E / F.L.= 75.10 15" RCP S F L.8/5U9 15"-RUP N Rim=876.38 F.L.=872.98 6 /+ILE NE F.L.=872.70 6' TILE SW F.L.=870.65 1$" RCP NW F.L.=870.3 24" RCP E F..L.=870.27 214" RCP SW Rim=876.86 F.L.=873.10 6" TILE W F.L.=873.04 6" TILE E 71.00 15" RCP 5 F.L.= 70.83 18" RCP E F.L.=B .51 24" RCP W \ Rim=877.48 F.L.7872.12 6" TILE W F.L.- 72.22 15" RCP SE yL.=872.22 15" RCP E 'F.L.=874.32 18" RCP W / Rim=877.47 F. 874.56 6" TILE S F.L. 873.35 15" RCP S F.L.=873.34 15" RCP E L7872.90 t5 RCP NW V A 8"S(D) Intake=9 2.21L_ F.L.=899.40 6" TII N F.L.=899.24 6" TIL S 1 F.L.=898.80 15" RC�W CI snout Rim=909.12 /I 6''Tile OMAHA AVENUE 81'S(D) - �e=891.22 6" TILE S 6" TILE N 5"RCP W cv o rn aD co stake=8 0.71 o F.L.=882.92 12" I'YLOPLAST S F.L.=882.92 12" YLOPLAST N \ \ 8"S(D)\ 8"W Intake=880.19 6.426"TILE SI 4 15" RCP W co � %Intak ,82.3b%' 00F.L.=8ii.97 12" NYLOPLAST S F.L.=878.97 12" NYLOPLAST N 8"s(D) Intake=876.72 �,W� v F.L.=873.67 6" TILE. N F 872.99 15" RCP W -Rim=8-78 -5 \F.L.=875.23 6" TILE W FI.L.=874.09 15" RCP N F. .=874.04 15" RCP W F.L.373.98 15" RCP S Int%e=878.24 F.L.=874.27 10" I4RPE S F.L.=874.27 12" PVC N 1� �J_ (i Anitar 1 ' � I eI \ \iII If�\ \ 0 \ 3 ' \ \ `\ 38 \ \, 37 \ \ 3 , \ 3�\ I\ I 34 I I\ \ 33 \ � ✓\ \ to �+i N \ o \ \ rn m \ r \ o \ s \ \ 1 I I c�I\ \ 00\ \ /rn a'm a'm. 6m / \ d) \ \ow \ \ ' \ om \ co PI FAIV \ : tee: 1:r e.!I!P!UAPWPA ilir M• Kg \ is .„... . -.,_ a ''''-- ---- f5 F i . PiT Ali giii Mir i Fl -\--_,r _ANM_Aiiiiii1H-___, i1► I i ' T\ j 1 IIIIaKIIINTIMPILIMM�ii1.. 111011&11111L8, 3A 1\ _igJ All AilailkiM'AWAIIEMMILMIZINFAIIFARFAIIPAWAIVAINFAWANYAWAIIIMEINFAUFAMENIT DR UMW ‘,11/ 1111 I I II I 1 1 �������s�r��fl i�i�.��.itii����iiills.i�i�i®i�1�.������►fli�i►��►�i�►�1ir�+�s rig--sw=liz=m70- gMoeiM. ' = cam. 895 `893 894 893 892 891 890 889 888 887 / / /� 895 �•ej coc5 e 4'�' 'be) e e i / / / / / / i i 886 885 884 OUTLOT B- - - g87 -S0°09'20"E 1289.75' 699'/ cg\- $o, cb 883 i 7 20' R i 880 YARD 3ETBAC 0 z/ RiM=877.36 I+,867.54 8" PVC S Inv=867.54 8" PVC E n =867.40 8" PVC W I / I II II / II II 1 II 11 II co N- N �I IIco 11I11I 1 I I I Intake=877.81 1, R.L.=874 79 6" TILEIV1/ F.�L.=874.37 15" R CIS IS I CO Qo UTLC III II II 11 1/ I II III �I CO1I1 III 1 1 1 1 1 IIII co III IIII I\ IIII IIII 111 IIII II IIIII / 111 IIII 1\/ Ii III IIIIII/ 111111111 111 ,/I IIIII1I \ IIII \ II IIII III I 111 I111 11 I IIIIIIII I11 2 1 1 II/ 'II I III j11 II II I I 11 1 I 1 IIl 11 I; I II I II III II 11111j 11 111 1111 II II111 II IIIII II IIIIIII 11 IIII II II,III j1( IIIIIII III 11 111Ij1I /liIII IA 11111/ I I I////11 6 1 IIII A (1 I / /11\1i\\\ III 1I1II� I I 1' N M M N N co 0) L z J 0 50 FEET 9 N co REVISED AS PER CITY COMMENTS N T REVISED AS PER OWNER N as) ob REVISED AS PER CITY COMMENTS N c%) N ti REVISED AS PER CITY COMMENTS Z 0 ce H w w 0 W W a >- ao w a 0 z 0 w O LC) ai U 0 0 w T m D a) U a) 0 Engineer: JAL WATERLOO, NARY PLAT - G RA D W a_ T-R-S: TTN-RRW-SS 0 Technician: JWM Project No: 124.0552.01 2727 S.W. SNYDER BLVD ANKENY, IOWA 50023 515-964-2020 I www.snyder-associates.com • U W CO oeS oc W N SNYDER &ASSOCIATES Project No: 124.0552.01 Sheet C300 15 Page 469 of 578 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (PRELIMINARY OR MINOR) 1. APPLICATION INFORMATION: a. Applicant's Name — Business Name if Applicable (please print): Robson Homes Inc. Address: 5901 Williams Blvd SW Phone: 319-350-3781 City: Cedar Rapids State: Iowa Zip: 52404 Email: robson homes(iivahoo.com b. Status of Applicant: (a) Owner X (b) Other_ (CHECK ONE): If other explain: c. Property Owner's Name if different than above (please print): Address: Phone: City: State: Zip: Email: 2. PREPARER INFORMATION: a, Preparer's Business Name (please print): Snyder & Associates, Inc. Primary Preparer's Name: Eric Cannon Phone: 515-964-2020 E-mail: ecannon@snyder-associates.com 3. PROPERTY INFORMATION: a. Name of Plat: Phase 3 - Prairie Meadows Estates Addition b. General Location of Property: east side of Grindstone Circle and Mourning Dove Drive c. Area of Proposed Plat: 10,10 acres d. Zoning District(s): R-3, R-P 4. OTHER DOCUMENTATION: a, Preliminary Deed of Dedication (prefered but not required) b. Overall Street Plan (if applicable) c. Six (6) copies of the Preliminary Plat which are in conformance with Section 11-3-2 of the Subdivision Ord. (also subtnit a digital copy of the plat in PDF format) 5. PUBLIC IMPROVEMENTS a. Costs (estimated) for any public improvements: Total Cost Estimate Storm Sewer $ LO j$Ac Sanitary Sewer $ '%4 I `1 / Q7 `� Paving $ 6 , S57 Land Dedicated $ (1.7 f ,e�, TOTAL The Request Fee of $300 + $10 per lot (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned aut orize City Zoning Officials to enter the property in question in regards to the request. / 7 (2 21 Si re of Applicant Date Signature of Owner Date Page 470 of 578 CITY OF WATERLOO `,"'?" Engineering December 20, 2024 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 715 Mulberry St, Waterloo, IA 50703 9 Phone: (319) 291-4312 t CITYOFWATERLOOIOWA.COM RE: PRELIMINARY PLAT PRAIRIE MEADOW ESTATES FIRST ADDITION Dear Aric: This preliminary plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Sections, 3, 4, and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this preliminary plat be approved. Sincerely, Wayne Castle, PLS, PE Assistant City Engineer 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 January 6, 2025 AGENDA ITEM TITLE Resolution approving a Development Agreement with E & A Properties, LLC, for the construction of a new single-family house on an infill lot, located at 835 Jane Street, including a $5,000.00 infill incentive upon substantial completion, and authorizing Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION E&A Properties, LLC constructed a new single-family house at 835 Jane Street with an estimated value of $240,000.00. A permit was issued for the new house on April 23, 2024. However, the owner was not aware of the Infill Housing Incentive. Upon final inspection (substantial completion), the developer is eligible for the infill incentive. The new house utilizes existing utilities, such as sewer, water, gas, etc and there was no need to extend utilities. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES The City of Waterloo adopted the Infill Policy standards to help develop empty parcels of lands in older neighborhoods for added investment to neighborhoods already served by all needed infrastructure as part of the City's Smart Growth goals and policies. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Nuisance/Housing Bonds. The total expenditure is $5,000.00. ALTERNATIVE ACTION Page 472 of 578 LEGAL DESCRIPTION Jane Second Addition, Lot 13, Waterloo, Black Hawk County, Iowa ATTACHMENTS 1. Development Agreement 2. Aerial Map Page 473 of 578 Preparer: Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 After recording, return to Community Planning & Development, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2024 by and between E & A Properties, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct a duplex 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 Preparation. Company is the owner of certain property legally described in Exhibit "A" (the "Property"). Company shall, at its own expense, demolish any existing structures, remove trees on the Property that will interfere with the improvements (defined below) or construction of same, remove and properly dispose of debris, and otherwise prepare site for construction. 2. Improvements by Company. Company shall construct at its own expense on the Property one (1) single-family home as further described and depicted in Exhibit "B" attached hereto, consisting of no less than 1,868 square feet and a 664 1 Page 474 of 578 square foot attached garage having an estimated value of $240,000.00 upon completion. The Improvements shall be completed to a finished state, including installation of paved driveway, 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. Development Property and Improvements. Developer owns the Property and has undertaken the Project (defined below) thereon. Developer has constructed upon the Property an 1,868 square foot single-family dwelling, as well as paving (collectively, the "Improvements"). Developer represents and warrants that the Improvements have been constructed in accordance with the terms of this Agreement, and all applicable City, state, and federal building codes, 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 Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project." 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. 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. 2 Page 475 of 578 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 Company a grant of $5,000.06 (the "InflII Grant") within ninety (90) days after Improvements have been verified by City as Substantially Completed. 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 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. 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. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to 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. 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 3 Page 476 of 578 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. 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 477 of 578 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 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; 5 Page 478 of 578 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, 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. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. 6 Page 479 of 578 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 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 4037 University Avenue, Waterloo, Iowa 50701, Attention: Owner 7 Page 480 of 578 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 arty default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If 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 8 Page 481 of 578 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 E&A PROPERTIES, LL aZapc.../4. By: y. By. Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Edis Kuduzovic, Owner 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. Edis Kuduzovic 9 Page 482 of 578 EXHIBIT "A" Description of Property Jane Second Addition, Lot 13, Waterloo, Black Hawk County, Iowa 1 Page 483 of 578 EXHIBIT "B" House Plans See attached. Page 484 of 578 Exhibit ['B" • :EiL{�!G LIyE,y '1f{IRL "is tyrs rr a11ws a :. aasia wsa w .� alyrwsiy ILMsMt si alaalla ylM - w wlfyi �Ofir i �" - rain um IN ASPHALT SHINGLES is sa� ars wswll�a ta ss '�� 5:12 PITCH Nli�alli�swllw ��� 1 1 �� wL1is� sLlarl a .'ff !. ��irlw all "�i ri rr�+i"'iaririwL ■ i i—�rw>.I r >lMfi t��ilr i�liLe itsiw ..na' urarca'rr�atl atg 1�1 1 I 1 ! It O.H. :.ilt�e- iiS r"r�S�T� :EILLlwye C^-�iCI� ICI= CJC=EJCJCJ 0 0 0 o.H. l FRONT ELEV 'TA ION E 5,, SPEC # -2024 4 27 24� SPAHN & ROSE JESUP, IA NOTE: HOUSE IS TO BE SLAB ON GRADE FOUNDATION T FOR CONSTRUCTI N FUR HID O4 LY as saw111IN��1 ssiar s si r sr s i` �. - s is TM OM; b s Ili MI i si r i+wsMoiliira w•wsw MN it ilMNiillr��mi1�111� wawaraISSMilli � ill1 Si ssslrs:111MM ilmiL lis �ilLLtins �MOWIMOMIMM 1alsMsisawifi i aWOOMM1UllwwltlMiyINF wsws ra iLA swsw arw it w wi riy i101wtiw a,Mlsa wswwwMlilM wa II�LrliarM IMilliwi ENE1�IMOyr AsKutur StiNGLES yrw�lli w wirR��tr rrMsIII1MIMENyYrI a wsw w wsws �. C ws�iw� ss Owiil is.' am s�sw sws :.w Times s:�zrrrcti 1{iiiiilliara lip....--. ri t . raw sill �yi+alo sliiimi ll Ili MI Swim isn R r Ili ilwsis� ri ww "' cilia. awiElwiii `1lsraiwiawi �+' 11i sly = irw.ar arr�r'srlElr.wesw ryri�l irrl"o i"2' iws it��i � iwli;i , i aft-�r4�*� _�:t VAO XI dimid.aimaiiiiiiiiiiiiiiiiiimicw i lliiliglie s ,� l i! 1a t f i salri srlllswsrws 2.0%. G.H. 011 CI C] = C] C]C]C=C = CI CJ= CI, JCICIC1CJ 4-27-24 en NOT FOR CONSTRUCTION -- FOR IBM ONLY — ) FRONT ELEVATION EDIS SPEC. #1 -2024 SPAHN & ROSE JESUP, IA EDIS KUDUZOVIC-- (319) 505 -2116 (office) (319)215.5700 (cell) KUDUZ2019@GMAIL.COM FAN D A M O TO RS @ H O TMA I L.0 O M NOTE: HOUSE IS TO BE SLAB ON GRADE FOUNDATION ❑RAWEA'G AS SEPFCTEO ON SHEET SIGNATURE: [ATE. SIGNATURE REQUIRED TO REMOVE WATER MARK fr rt/a,4ALfl SltarAv14aty HifxLRas( LWLtl~/N1 ITM 11UL4 rn]Mt NOS 1461.Ea MINEt12C7tN:ik[43. CP+SSte-C /ANT,01Lµi%[' 4b MSEE VAlArritA1 %1 trE A11M1*A4Cf ar A[VTS:,1r. 1/£R:i.[SMY, lrNnl TAr[Lu+M4001.14wd5MMiTd!>.40.[RY209l IwralLMP Y4�,(si(MUo..f OtO H*1*.x s*S atVNi[A^RTJG(J+1 N�p40R�Eq rx4[ A44.21. LAtlWtt fP}1114. LM4o0�L1� -0flA,� 0� 951.11- liaibui//,, .Wtvi.`t 1L0vrlYCYtSLN-rE,Vlq[31L nYAl(t.41,4WlC tsMa arotw:tl 1n4MD414LW L;S C. A.'�[1r11`[�OALME.4[m ro C,�VS:SCLAW..CO. M ;WLM M,,{{�pL[1l l.V-�., MALI1 /JOMCOt'+{1 SL 41.0.1h4NY40AMl,',C7 SAL LF14,91,0lA[tt^v[a.A.M.WT,.EIL1L1.`dVMfektil L.WAty4EL IMl�Yf4°f LNM St417Raii'WD.ENNSLi4Asbtrtb IlL:1VNHt E:4[llA+t[AtV.piCL/L'Ii FN/Aq Hi pltd ldlFL+.itt M7YY Y@, Mil syMsaalillilmil i i NO arssr.ss is �L1NONs� ` ii`a ONM �"'T' ... w � w .. ■1� _ �aLir�1I 111.11r r MO rlwtLrtaynijaau+iitli•ASM{AITSH NG EL ��1 s.rr1 It?� w� aRsyMalLlwilM I. kS2 PITCH a11i w sZ limit(r1�1� 1�w11R sarswswsw _iw ilylrlarllaw III/ ar - , s avail i��al1wMlriw -s Yli ; /� .t =ate L 3 1-i r t I i 1 r NOT FOR ifpONSTRUC`V 11 N — FOR 2`•0• n. _MAIN FLa cjLIN0J1 11Ii c LW_ ,11l4IN FISIQB_ BID ONLY — 14-27-24i REAR ELEVATION EDIS SPEC. #1 -2024 NOTE: Page 485 of 578 4-27.24 R. x 4A' pOU RED CONCRETE FOUNDATION WALL Wr lA' x 6' REIN. CONC. FTA S. J 41VPOURED CONCRETE FOVNOKNON WALL NW -- 1A' x A' REIN. COX, FTO, , OUNDATJON PLAN TYPMN. RAMSENT ROAR; 4' CONCRETE SLAB AAA MESH attifDRCEKIENT AS R EDD A m1 POLY VAPOR )CARRIER CO VPACTEA OR4r VfAR FRL 32• D• 6' x 441' POURED CONCRETE TOLIM A -VON WAIL VEI 16' a#' RELY CONC, KTG.�y EDIS SPEC. #9 -2Q24 SPAFIN & ROSE JESUP, IA NOTE: HOUSE IS TO BE SLAB ON GRADE FOUNDATION EOIS KUDUZOVIC — (319) 505 - 2110 (0010e) (319}215 .57613 (cell) KUDUZ2015®GMAIL.COM NOTE: PROVIDE FURRA43 INSULATWN AS RED➢ RY LOCAL CODE 22%0' BLOCK OUT TON SERVICE 0004i ASREO'D #` x 46' POURED CONCRETE 1 FOUNIMAIRIlt WALL W! 16' x B• REL4. CONC. FM.. 21.4` 111 I I N E ImaAVAWIi TYPICAL GARAGE FLOOR: 4' CONCRETE sumo., M.ESN RE:NFORCENENT AS REDS B Ira POLY VAPOR NAITRER COMPACTED CRANUUV; FR4 l DLOCSOUT RO,FL to I 1 NOTE; ORO DROP OIVUGE SLAB i•-IV FOR LESS MOLE ONORIVEWAY; SEE CNIL ENGINEERNOTES Koft DBTARS DOOR AS RECU ttarE: STUB fN PLVMHdiG FOR KUTUR5 MT11 AS READ DRAWNGAB DEPICTED ON SHE fT S:GHAIURE DATE' S,OSATt1RE REQUIRED TO REMOVE WATER MARK MtIfM1AY Uhl fl$ 1S9Y IVIo, pl[L.vs et 4& sr L.MOMSM1 V�aaElarel t ST% LM,M 4nftoxt I4A11� /v �►anp,,A 1tr.,9 FJfR NAMVfRC[O� IFS ,,.=tYSA40a.It1"*" liIINAL u V41 p .4 41 .11 ICRY1CCYI Al0.MiNF+SsttppOOpp��yy++own. t0/ryy lut[mot iM4L1.JNA,E(f.Ir,yj.I IOK SyN,11�100lfNV ii ppfliM4tia��rtrtTT �Milt'ITVXM7iYlr""'"4 4l1" IJ 4+f�Ms?I trn" g1t0"I Oi,hrom 4A40W4NAM3 d�rrelio�v.�I.i,�TN,F!D�1r«A.. .uo><»uT+ar..a.t�,Vn+114K rc rra.xrnwnviE wlpecao Page 486 of 578 • n to 4-i2-24 1 16'•4e 45'.3• 22'-0 43'-19 V2' xL_a V-4 Ur 5'-6' 3 If2' 9-0' x4.4• 11. (3'A UZ' r BEPROOM #3 :.... v 0 i a t, rnr 74 9'- 112• YA•_,, 2'•3la` 4'x4,0' . . ' Z4'x4,6' 5, . 2Z-0. Er Mkt i'-6' �. 41'•14 112' �. k h MASTED �Y 11'.5112' 4'-0• 14'-111n' pEDrt OM9a H 5' il 4'4' i� ti Lf ErTM rb 9 a' ra �'-2 _04 0 IN ,.IIIL ps1„�I 6 a-0. pain 0L0a r L. rar+ _ 03 W0h ,..„„ '. .. a .rONAmll 1,.,+a uf(l3, r 1 06 2#I.9illw I p - a UTILITY ROOI4 h 11.-5 5/2 4.0^ g.5• 5•. S 2'4' .. Y 2CAR OAHA cF iiii—E —�...a NDre DROP GARAGE SLAB T'b' FOR LESS MULE ON - 66R KOhS; SEE CNA EHG2VEER NO4E9 FON WAILS PROOVIDE KITCHEN FIRE WALL 6ETWEEN HOUSE 4 GARAGE A9 REO'D BYLOCAt [ODE i;i ,..:'1 j x ,� 2� DIVING RGOM '^ TYPICAL 2. 4 E.KTOMR WALL HORU!OIfrAL SXTEJl 456 SWAIM.) (N 214 8TU0S O la' D O. 'II Pfi• -...01166L0NtLDQS---- - PiMNG ROOD yo• 6IQa 'r FLAT CEr_4;O F SA• 54' y • (2 ( 4 iCA•. ra o ODA L „.�__�, xu n D SA'A SW -- NOT FOR CONSTRUCTION - FOR 3 - 0 ONLY — r-01 T-0' ♦ 5'•9' 5'-9' 3'43' 2'.40' 14'.4' •t 14' 14'•0' � .. 11-6' , 5'- 0' A 22'4' { s4'•o' MAIN FLOOR PLAN MAIN FLOOR — 1868 SO.FT. GARAGE — 664 SOFT. SPAHN & ROSE JESUP, IA NOTE: HOUSE 1S TO 8E SLAB ON GRADE FOUNDATION EMS KUDUZOVIc— (319) 605- 2116 (office) (319)215 - 5780 (colt) KU D UZ2015@) G MA I L.G O M TYPICAL 2.4 PATERSON WALE: NONTON/AL SIDING 0965iIE111.64G 92 S^8'•2 x4 6T11)9 18'ac R-21 BATE INSUTAIIO® e In3FOLYV>t. 'dr ONYWALL; TAPED a SANDED ROIL PRRIDE ATTIC ACCESS 4. FLUE CHASES AS RE09 S:ONATONE., DRAWING AS DEPICTED ON Wit El DATE: 61071ATURE REQUIRED TO REMOVE WATER NARK AA R ti..urtvpw•e nm� IE.Wl.�. 741 c� ;P .11 0..66.�EAak T1 �,616c6uTif»Iq piysm.crpsLrfr 4q[ yD 'E�fw�ti tgIKYa wq 441-C Mi44t r>,+1! aTI W V.4}"*"4MN r na/A 4M� SIM Page 487 of 578 VI'dt1S�r SSSOZ!^e NWVdS T m r 0 m Q 0) rn 0 zoo gym m 0 zm aco z f{ s I II 11. 1f If { SNOO UO.d SON " Y-1 {IV L' ti A B a 3S021 $ NH'dds NOI LVA lk tZOz- 1.# 'O3dS SIC 1 8 0 of 2 y / 2 1 0 0 Page 488 of 578 Alternate I Dnla Class R Acreage nla Owner AddressE & A PROPERTIES LLC 4037UNIVERSITY' AVE WATERLOO, IA 50701 Page 489 of 578 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE January 6, 2025 AGENDA ITEM TITLE Resolution approving the suspension of civil service hiring practices for entrance positions as authorized by Iowa Code Section 400.12A for the time period January 7, 2025 to January 6, 2026. RECOMMENDED COUNCIL ACTION Approve one year supension of civil service rules SUMMARY STATEMENT AND BACKGROUND INFORMATION Update in civil service regulations that allow city council to suspend civil service hiring process for 12 months NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 490 of 578 Page 491 of 578 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Todd Derifield, Leisure Services Interim Director Leisure Services Department AGENDA ITEM TITLE Resolution approving the 2025 Sports & Aquatics Program Rates. MEETING DATE January 6, 2025 RECOMMENDED COUNCIL ACTION Approve rates in the attached spreadsheet as recommended by the Leisure Services Commission during their regularly scheduled meeting on 12/10/24. SUMMARY STATEMENT AND BACKGROUND INFORMATION Sports & Aquatics program rates were last increased in February of 2022. The proposed program increases are due to the increased costs of program supplies and staff over the last three years. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Spring 2025 Sports and Aquatics Rate Proposal Page 492 of 578 Page 493 of 578 SPRING 2025 SPORTS & AQUATICS PROPOSED RATES TO GO INTO EFFECT FEBRUARY 10, 2025 CURRENT NONMEMBER RATE CURRENT MEMBER RATE 2025 PROPOSED NONMEMBER RATE 2025 PROPOSED MEMBER RATE Flag Clinic $35.00 $30.00 $45.00 $35.00 Flag Football $60.00 $55.00 $75.00 $60.00 Adult Vollebyall Fall/Spring $95.00 NA $110.00 NA Karate $75.00 $65.00 $90.00 $75.00 Soccer $35.00 $31.50 $45.00 $35.00 Youth Basketball 1st - 3rd 2 sessions $40.00 $37.00 $50.00 $40.00 Youth Basketball 3rd & 4th Boys 2 sessions $45.00 $42.00 $55.00 $45.00 Youth Basketball 4th - 6th Girls 5th & 6th Boys $50.00 $45.00 $65.00 $50.00 Indoor Soccer $35.00 $31.50 $45.00 $35.00 USSSA League (per team) $425.00 NA $525.00 NA T-Ball 2 Sessions $35.00 $31.50 $45.00 $35.00 A Ball 2 Sessions $35.00 $31.50 $50.00 $40.00 Mayor's More Than Basketball League $20.00 NA $25.00 NA Optimist ML $75.00 $68.00 $90.00 $75.00 Optimist AAA $70.00 $62.00 $80.00 $65.00 Optimist AA $70.00 $62.00 $80.00 $65.00 Sports Sampler $40.00 $35.00 $50.00 $40.00 Tennis Quick Start $40.00 $36.00 $50.00 $40.00 Tennis NJTL $60.00 $54.00 $75.00 $60.00 Tennis Junior Team $65.00 $58.00 $80.00 $65.00 Tennis Tournament Group $65.00 $58.00 $80.00 $65.00 Youth Swim Lessons $45.00 $37.00 $55.00 $45.00 Preschool Lessons $40.00 $35.00 $50.00 $40.00 Toddler/Infant Lessons $30.00 $25.00 $35.00 $30.00 Dance $30.00 $25.00 $45.00 $40.00 Tumbling $55.00 $50.00 $45.00 $40.00 INCREASED REVENUE $39,565.60 *ESTIMATE BASED ON AVG RATE INCREASE OF 19% FOR ALL ACTIVITIES Page 494 of 578 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE January 6, 2025 AGENDA ITEM TITLE Resolution approving an Agreement for Professional Services with ALLiiANCE of Minneapolis, MN, for a not -to -exceed amount of $12,300.00, in conjunction with the FY-25 IDOT CSVI Terminal Interior Vision Plan Project, and authorizing the Director of Aviation 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. Architect -Owner Agreement - Waterloo Regional Airport 2024 Page 495 of 578 Page 496 of 578 ALLIIANCE GENERAL TERMS AND CONDITIONS OF AGREEMENT FOR PROFESSIONAL SERVICES The following Terms and Conditions supplement the attached proposal for professional architectural services dated 10/18/2024 between Waterloo Regional Airport (hereinafter referred to as "Owner") and Alliiance (hereinafter referred to as "Architect") for Interior Design Services — Interior Vision Plan (hereinafter referred to as "Project): 1. PROJECT DESCRIPTION The Architect shall provide architectural services for the Project as described in this Agreement in a manner consistent with locally accepted standards for professional skill and care. The Architect's services include the following consulting services: To establish an interior vision plan for immediate and future finishes in the terminal common spaces (gate lobby) and Administration Suite. Finishes will harmonize with existing adjacent finishes such that incremental upgrades can occur in a phased approach. Specific finishes include carpet, rubber base and paint. Two palettes will be developed for owner review and selection. An implementation document (road map) will be developed that outlines relevant finishes and recommended locations. (hereinafter referred to as "Services"). 2. OWNER RESPONSIBILITIES Owner shall provide full information to Architect in a timely manner regarding the Project limitations and requirements including construction budget and schedule. Architect shall be entitled to rely on the accuracy and completeness of all requirements, programs, instructions, reports, data, services and information furnished by the Owner. Architect may use such information in performing its Services on the Project and to the fullest extent permitted by law, Owner will defend, indemnify and hold Architect harmless for any damages caused by errors or omissions in such information. The Owner shall designate a representative who is authorized to act on its behalf and will make timely approvals and decisions with respect to the Project. Owner shall give prompt written notice to Architect whenever Owner becomes aware of any fault, defect, or non-conformance in the Project, including any errors, omissions or inconsistencies in Architect's work. Should the Architect be found to have legal liability for such error, omission or inconsistency, failure by the Owner to notify Architect shall relieve Architect of any liability for costs of remedying the same above the sum such remedy would have cost had prompt notification been given when such error, omission or inconsistency was first discovered. Owner warrants that funds are or will be available for prompt payments to Architect under the terms of this Agreement. Architect shall be entitled to full payment for completed work regardless of the timing of or the Owner's failure to receive financing or governmental or other approvals. Architect is not a co -venturer with Owner and the payment of fees and reimbursable expenses is not at risk. Owner or its representative shall submit to any governmental or permitting authority all necessary applications for permits or other required submissions. 3. CONCEALED CONDITIONS Inasmuch as the remodeling and/or rehabilitation of an existing structure requires that certain assumptions be made by the Architect regarding existing conditions, and because some of these assumptions may not be verifiable without the Owner's expending substantial sums of money or destroying otherwise adequate or serviceable portions of the structure, the Owner agrees to bear all costs, losses and expenses, including the cost of the Architect's Additional Services, arising from the discovery of concealed or unknown conditions in the existing structure, or from any deficiencies or inaccuracies in any information furnished to the Architect by or through the Owner. Page 497 of 578 GENERAL TERMS AND CONDITIONS OF AGREEMENT FOR PROFESSIONAL SERVICES 4. HAZARDOUS MATERIALS The Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. Should it become known to the Architect that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of the Architect's Services, the Architect may, at its sole option and without liability for consequential or any other damages, suspend performance of its Services under this Agreement until the Owner retains appropriate qualified consultants and/or contractors to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations. 5. OWNERSHIP AND AUTHORIZED USE OF DOCUMENTS All reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by the Architect as instruments of Service shall remain the property of the Architect. The Architect shall retain all common law, statutory and other reserved rights including, without limitation, intellectual property and the copyrights thereto. The Owner may retain copies of such documents for its information, reference and use with respect to this Project. The Owner waives any claims against the Architect and agrees, to the fullest extent permitted by law, to indemnify and hold the Architect harmless for any damages, liabilities or costs, including reasonable attorney's fees and costs of defense, resulting from modifications to or reuse of such documents by the Owner, the Owner's contractors, or by anyone for whom the Owner is legally liable without obtaining the Architect's prior written consent. When transmitting copyright -protected information for use on the Project, the transmitting party represents that it is either the copyright owner of the information, or has permission from the copyright owner to transmit the information for its use on the Project. 6. DESIGN PHASE SERVICES During the Design Phase, the Architect shall review the Owner's scope of work, budget and schedule and reach an understanding with the Owner of the Project requirements. Based on the approved Project requirements, the Architect shall develop a design. The Architect shall consider the relative value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and budget for the Cost of the Work. 7. REIMBURSABLE EXPENSES Reimbursable expenses will be invoiced at cost without markup. Expenses include the following: 1. Transportation and authorized out-of-town travel and subsistence; 2. Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; 3. Fees paid for securing approval of authorities having jurisdiction over the Project; 4. Printing, reproductions, plots, standard form documents; 5. Postage, handling and delivery; 6. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; 7. Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; 8. Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; 9. All taxes levied on professional services and on reimbursable expenses; 10. Site office expenses; and 11. Other similar Project -related expenditures. 8. INVOICE TERMS Page 2 of 4 (Revised: 3-2017) Page 498 of 578 GENERAL TERMS AND CONDITIONS OF AGREEMENT FOR PROFESSIONAL SERVICES Architect shall submit invoices on a monthly basis, with payment due within 30 days of date of invoice. Invoices unpaid after 60 days shall accrue interest at a rate of 18% per annum. Owner shall notify Architect in writing of any disputed invoice within 10 days of receipt of invoice. If the Owner fails to make payments in a timely manner, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of Services. The Architect shall provide seven days' written notice to the Owner prior to termination or suspension of Services, and the Architect shall have no liability for delay or damage caused by such termination or suspension. In order to lift suspension, Owner must make payment in full of all outstanding sums due from the Owner. When Architect resumes Services, there shall be an equitable adjustment to the remaining Project schedule and fees as a result of the suspension. 9. REMEDIES FOR NONPAYMENT In addition to other remedies, if Owner does not pay for Architect's Services as agreed, Architect may retain all work not yet delivered to Owner and Owner agrees to return to Architect all of Architect's work that is in Owner's possession or control. Owner agrees not to use or rely upon Architect's work for any purpose whatsoever until it is paid for in full. Architect shall have no liability for delay or other damage caused by any withholding of Architect's work or return of Architect's work for non-payment. 10. TERMINATION This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. Upon termination, Architect shall be entitled to compensation for Services rendered prior to the date of termination, together with reasonable expenses incurred to the date of termination. In the event of termination, suspension or abandonment of the Project by the Owner, the Architect shall be compensated for services performed. The Owner's failure to make payments in accordance with this Agreement shall be considered substantial nonperformance and sufficient cause for the Architect to suspend or terminate services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven days' written notice if the Project is suspended for more than 90 days, or if the other party substantially fails to perform in accordance with the terms of this Agreement. Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. 11. INSURANCE Architect shall carry Commercial General Liability, Workers' Compensation, and Professional Liability insurance in accordance with attached Certificate of Insurance. The Owner shall provide Builder's Risk property insurance. To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 12. WAIVER OF CONSEQUENTIAL DAMAGES Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination. 13. LIMITATION OF LIABILITY To the maximum extent permitted by law, the Owner agrees to limit the Architect's liability for the Owner's damages to the Architect's fee. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. 14. VENUE AND DISPUTE RESOLUTION Page 3 of 4 (Revised: 3-2017) Page 499 of 578 GENERAL TERMS AND CONDITIONS OF AGREEMENT FOR PROFESSIONAL SERVICES This Agreement shall be governed by the laws where the Project is located. In the event of a dispute arising out of or relating to this Agreement, the Architect and the Owner will, unless mutually agreed otherwise, attempt to resolve disputes by formal nonbinding mediation prior to initiating other available legal remedies. 15. STATUTE OF LIMITATIONS Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than either the date of substantial completion for acts or failures to act occurring prior to substantial completion or the date of issuance of the final certificate or payment for acts or failures to act occurring after substantial completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's Services are substantially completed or terminated. 16. ASSIGNMENT Neither party may assign their rights under this Agreement without the written consent of the other party. 17. NO THIRD -PARTY BENEFICIARIES Nothing contained in this Agreement shall be deemed to create a contractual relationship with or give rise to a claim in favor of any third party against either the Owner or Architect. 18. SURVIVAL OF INDEMNITY PROVISIONS All indemnity provisions included in this Agreement shall survive its completion or termination for any reason. 19. COMPENSATION See attached Compensation Proposal. 20. Attachments: 1. Consultant Proposal 21. ENTIRE AGREEMENT AND ACCEPTANCE OF TERMS This Agreement and the attached proposal constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements whether written or oral, and may be amended only by written instrument signed by both parties. The proposal and these general terms and conditions may be accepted by signing the proposal, or by requesting and receiving any work or instruments of Service from the Architect. AGREED FOR THE OWNER: AGREED FOR ALLIIANCE: Signed: Printed: Title: Date: Signed: Printed: April E Meyer Title: Date: Principal 12/04/2024 Page 4 of 4 (Revised: 3-2017) Page 500 of 578 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE January 6, 2025 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $425,900.00, in conjunction with the Rehabilitate Runway 18/36 Project, FAA AIP 3-19-0094-0XX-2025, and authorizing the Mayor 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. ALO TO#2 Runway 18-36 Rehabilitation_ Page 501 of 578 Page 502 of 578 AECOM REHABILITATE RUNWAY 18/36 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA AIP 3-19-0094-0XX-2025 Project Description - See Attached Exhibit A, Scope of Services Scope of Services - See Attached Exhibit A, Scope of Services Compensation AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com Compensation for services for this project shall be a cost-plus fixed fee not to exceed Four Hundred Twenty -Five Thousand Nine Hundred Dollars ($425,900.00). See attached Exhibit B, Consultant Cost Summary. General Conditions Except as specifically amended by this Individual Project Agreement, Services shall be provided in accordance with the Professional Services Agreement for the Waterloo Regional Airport, entered between AECOM Technical Services, Inc. CATS") and the City of Waterloo ("Client") dated December 2, 2024. APPROVED: APPROVED: CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC. By By a Llc z!'l Quentin M. Hart, Mayor Michelle M. Sweeney, PE, PT Associate Vice President Date Date December 6, 2024 Page 503 of 578 AECOM Page 1 REHABILITATE RUNWAY 18/36 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA AIP 3-19-0094-0XX-2025 EXHIBIT A Project Description The project is described as the Rehabilitation of Runway 18/36 inside and outside of the limits of the Runway 12/30 Runway Safety Area and concrete pavement area on Runway 18/36 at the Waterloo Regional Airport, Waterloo, Iowa. The project will provide separate bidding documents for the projects as described below: Project 1 Project 2 Rehabilitate Portions of Runway 18/36 Outside the Runway 12/30 Safety Area (375 ft. x 150 ft. and 885 ft. x 150 ft.) Rehabilitate Portion of Runway 18/36 Inside the Runway 12/30 Safety Area (285 ft. x 150 ft. and 285 ft. x 150 ft.) and Rehabilitate Portion of Runway 12/30 Inside the Runway 18/36 Safety Area (725 ft. x 150 ft.) The rehabilitation of this section of runway will depend on the results and recommendations of the geotechnical and non-destructive testing. For Project 1, it is anticipated that the pavement rehabilitation will be accomplished by grooving and marking of the Runway 12/30 Safety Area. For Project 2, it is anticipated that the rehabilitation will be accomplished by reconstruction of this section with Portland cement concrete pavement or asphalt pavement with grooving and marking of the entire length of Runway 18/36. It is anticipated that design and construction of these projects will be funded in part with Federal funds received through the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant. II. Scope of Services The work to be performed by ATS shall encompass and include work, services, materials, equipment and supplies necessary to provide preliminary design, final plans, specifications, construction cost estimates, and bidding services. Work is divided into the following tasks: 1. Pre -Design Conference. This task consists of a pre -design conference called by the Sponsor and held between the Sponsor, ATS and the FAA. The pre -design conference will be conducted by conference call. The purpose of this conference is to discuss various items relating to design parameters, airport safety, routing of aircraft and equipment, sequencing of construction operations, environmental considerations and civil rights requirements. ATS will prepare and distribute an agenda and the minutes of this meeting. The minutes will document the requirements set forth in this pre -design conference. The ATS project manager will be in attendance. Page 504 of 578 AECOM Page 2 2. Data Collection and Review. This task consists of the collection of existing data applicable to this project and related to the proposed work site. Record drawings of completed projects, 2017 Pavement Management Report, and utility information will be compiled as background information for the project. 3. Subsurface Information. This task will be completed by Braun Intertec, serving as a subconsultant to ATS, in accordance with AC 150/5320-6G. Pavement cores and soil boring will be taken within the following three areas as described below with the total number of explorations summarized in Table 1. Pavement core locations may be adjusted slightly in coordination with Falling Weight Deflectometer (FWD) testing. Actual pavement core locations will be captured by the topographic survey. In general, soil borings will be taken at every other pavement core location. a. Runway 18/36 North of Runway 12/30. The first pavement core will begin at approximately 50 feet north of the edge of Runway 12/30, and additional pavement cores spaced at approximately every 200 feet thereafter for a total of five pavement cores over 850 feet. With this layout, two of the pavement cores will be inside the Runway 12/30 Safety Area. At least one pavement core will be field adjusted over a crack in the pavement. The last pavement core will be within the concrete (white top) area of Runway 12/30. b. Runway 18/36 South of Runway 12/30. The first pavement core will begin at approximately 50 feet south of the edge of Runway 12/30, and additional pavement cores spaced at approximately every 200 feet thereafter for a total of seven pavement cores over 1,250 feet. With this layout, two of the pavement cores will be inside the Runway 12/30 Safety Area. At least three pavement cores will be field adjusted over cracks in the pavement. The last pavement core will be within the concrete (white top) area of Runway 12/30. c. Runway 12/30. The first pavement core will begin at approximately 50 feet north of the Taxiway C centerline, and additional pavement cores spaced at approximately every 200 feet thereafter for a total of five pavement cores over 850 feet. Table 1- Pavement and Soil Sampling and Laboratory Testing Item Runway 18/36 North Runway 18/36 South Runway 12/30 Total Pavement Cores 5 7 5 17 Soil Borings (at every other pavement core) 3 4 3 10 Laboratory Testing of Soil Borings Atterberg Limits (ASTM D4318) 3 4 3 10 Liquid Limits and Plasticity Index 3 4 3 10 Hydrometer —Sieve Analysis (ASTM D422) 3 4 3 10 Moisture Content 6 8 6 20 Moisture Density Relationship (ASTM D1557 Modified) 1 2 3 6 California Bearing Ratio (ASTM D1883) 1 2 3 6 Page 505 of 578 AECOM Page 3 f 114 • OFA AUNTY 18-36 • wxa:�. ` r= ar s �__RSA..; APPROXIMATE LIMITS OF SURVEY d. Prepare Geotechnical Report. Submit a draft report for Sponsor and FAA review. The report will be appended to the Engineer's Design Report. Submit a final report after addressing Sponsor and FAA comments. APPROXIMATE LIMITS OF SURVEY 3 -RSA TAXIWAY TOFA- LEGEND: • PAVEMENT CORE • SOIL BORING FIGURE 1 — GEOTECHNICAL INVESTIGATION AND SURVEY LIMITS 4. Non -Destructive Testing Deflection testing will be completed on Runway 18/36 within the runway asphalt pavement limits and on Runway 12/30 within the Runway Safety Area of Runway 18/36. Deflection testing data (in conjunction with pavement layer thickness information) will be used to back calculate material properties of the subgrade and pavement layers for each pavement section using appropriate analysis methods for rigid pavements. Data analysis will include an assessment of the normalized deflections directly under the load plate, back calculation of pavement layer and subgrade modulus values, and determination of transverse joint Load Transfer Efficiency (LTE) for the concrete pavement sections. Results will be presented in both tabular and graphical format. Variance in subgrade support can identify areas that may need additional work during construction (e.g., undercutting and replacement or stabilization), and in -place properties of the pavement layers can assist with deciding whether existing layers could be re -used in rehabilitation designs for specific sections of the taxiways. Similarly, transverse joint LTE results provide insight into suitability of certain rehabilitation methods, including asphalt pavement repairs or an asphalt overlay. Pavement layer and subgrade inputs for use in rehabilitation designs will be recommended. 5. Field Survey. This task will be completed by ATS. This task consists of a field survey to collect the following topographic information to assist in the preparation of the plans for the project: Page 506 of 578 AECOM Page 4 • existing survey control network; • existing pavement edges, pavement type, and pavement joint intersections for PCC pavement; • edge lights, guidance signs; • drainage structures and drainage ways; • pavement markings; • location of proposed pavement cores and soil borings; and • other horizontal and vertical data within the survey limits. Cross sections of Runway 18/36 and Runway 12/30 will be collected every 50 feet out to at least the Object Free Area. Property surveys are not included in this task. Figure 1 depicts the field survey limits. 6. Base Mapping and Digital Terrain Model. This task consists of the preparation of a project base map and digital terrain model prepared from the field survey and record documents of completed projects. 7. Aircraft Fleet Mix and Design Aircraft - This task consists of developing the aircraft fleet mix and determining the critical design aircraft to be used for the design of these projects through coordination with the Sponsor and the FAA. a. As part of this task, data from the FAA's Traffic Flow Management System Counts (TFMSC) database of Instrument Flight Rules (IFR) operations spanning the most recent 5-year period will be obtained. b. A list of aircrafts and number of operations conducted by those aircrafts (the aircraft fleet mix) will form the basis of the pavement design. c. The most current version of FAA AC 150/5000-17 Critical Aircraft and Regular Use Determination will be used to define the design aircraft. 8. Pavement Design. This task consists of summarizing the pavement evaluation and reconstruction recommendations for the runway pavement designs, and preparation of the final pavement design forms (generated from the FAA's pavement design software FAARFIELD, version 2.0.7) for the projects. Alternative pavement designs will be completed for rigid and flexible pavement sections for Project 1 and flexible pavement sections for Project 2. Life cycle costing will evaluate each alternative to determine the most economic pavement section(s) to use for rehabilitation of the runway pavements. 9. Preparation of Design Plans. This task consists of the preparation of the final design plans. Plans will be prepared in compliance with current FAA requirements in effect at the time the plans are prepared. This task includes the preparation of the following sheets with those sheets to be submitted at 30% noted with an asterisk and sheets to be submitted at the 90% and Final submittals: Project 1 Rehabilitate Portions of Runway 18/36 Outside the Runway 12/30 Safety Area (375 ft. x 150 ft. and 885 ft. x 150 ft.) 1) Title Sheet* 2) Legend, General Notes, Schedule of Drawings and Quantities, and Seal 3) General Project Layout* 4) Construction Safety and Operations Plan* 5) Phasing Plan (Phase 1 — Runway 18/36 Closure) * Page 507 of 578 AECOM Page 5 6) Typical Sections 7) Pollution Prevention Plan 8) Sediment and Erosion Control Plan (2 Sheets) 9) Sediment and Erosion Control Details 10) Existing Conditions, Boring Locations and Demo Plan* 11) Existing Conditions, Boring Locations and Demo Plan* 12) Geometric Layout* 13) Runway Grading and Drainage Plan (2 Sheets) 14) Runway Plan and Profile* (2 Sheets) 15) Pavement Repair Details 16) Runway Grooving Plan and Details 17) Runway Supplemental Elevations (2 Sheets) 18) Runway Marking Plan (2 Sheets) 19) Runway Marking Details 20) Runway Cross Sections (5 Sheets) Project 2 Rehabilitate Portion of Runway 18/36 Inside the Runway 12/30 Safety Area (285 ft. x 150 ft. and 285 ft. x 150 ft.) and Rehabilitate Portion of Runway 12/30 Inside the Runway 18/36 Safety Area (725 ft. x 150 ft.) 1) Title Sheet* 2) Legend, General Notes, Schedule of Drawings and Quantities, and Seal 3) General Project Layout* 4) Construction Safety and Operations Plan* 5) Phasing Plan (Phase 1 — Airfield Closure) * 6) Typical Sections 7) Pollution Prevention Plan 8) Sediment and Erosion Control Plan 9) Sediment and Erosion Control Details 10) Existing Conditions, Boring Locations and Demo Plan* 11) Geometric Layout* 12) Runway Grading and Drainage Plan 13) Runway Grading and Drainage Plan 14) Runway Plan and Profile* (2 Sheets) 15) Pavement Repair Details 16) Runway Grooving Plan and Details 17) Runway Supplemental Elevations (2 Sheets) 18) Runway Marking Plan 19) Runway Marking Details 20) Runway Cross Sections (3 Sheets) 10. Project Manuals. This task consists of the preparation of the project manuals for Project 1 and Project 2. The technical specifications and corresponding contract documents will be in compliance with Advisory Circular (AC) 150/5370-10H. The project manual will be submitted electronically with "Track Changes" being shown for the 90% Submittal. The final, bid set, of the project manual will have "Track Changes" accepted. 11. Construction Safety and Phasing Plan. This task consists of the preparation of a separate Construction Safety and Phasing Plans (CSPP) in accordance with AIP Sponsor Guide Section 960 and AC 150/5370-2G. Separate CSPPs will be prepared for Project 1 and Project 2. The draft CSPPs will be submitted to FAA for review. Final CSPPs will be prepared and submitted that will address comments Page 508 of 578 AECOM Page 6 received. The final CSPPs will be submitted as a stand-alone PDF and included in an appendix of the project manuals. 12. Airspace Submittals. This task consists of preparation and submittal of FAA 7460-1 forms electronically through the FAA's OEAAA website for temporary construction items, including contractor's staging area, access routes, work areas limits, and construction equipment. Airspace forms will be submitted during design phase of project once element locations are defined for FAA determinations to be received prior to anticipated construction start. Prior to making the 7460-1 submittal, plans showing the study point shall be provided for FAA review. Separate Airspace Submittals will be completed for Project 1 and Project 2. 13. Estimate of Probable Construction Cost. This task consists of the preparation of a detailed estimate of construction costs based upon the detailed plans and specifications. This statement of Probable Construction Cost prepared by ATS represents ATS's best judgment as a design professional at the time the estimate is drawn. It is recognized, however, that neither ATS nor the Sponsor has any control over the cost of labor, materials or equipment; over the contractor's method of determining bid prices; or over competitive bidding or market conditions. Accordingly, ATS cannot and does not guarantee that bids will not vary from any statement of Probable Construction Cost or other cost estimates prepared by ATS. 14. Engineer's Design Report (EDR). This task consists of the preparation of an EDR in accordance with the AIP Sponsor Guide Section 920 effective at the time of the agreement. A single combined EDR will be completed to include Project 1 and Project 2. The EDR will be submitted to the Sponsor and FAA for review and comment at 30% and 90%. Written responses will be provided to Sponsor and FAA comments. The EDR will consists of the following parts and sections: Part A — Overview of the Proposed Project 1. Purpose and Need 2. General Scope of Work 3. Project Schedule Part B — Existing Site Conditions 4. Existing Site Conditions 5. Utilities in the Work Area 6. Geotechnical Investigation 7. Fleet Mix Part C — Proposed Improvements 8. Design Standards 9. Geometric Improvements 10. Drainage Improvements 11. Geotechnical Investigation 12. Pavement Subdrains 13. Pavement Design 14. Pavement Markings 15. Airfield Signage 16. Airfield Lighting 17. NAVAIDs 18. Miscellaneous Work Items 19. Overview of Construction Safety and Phasing Page 509 of 578 AECOM Page 7 20. Notice of Proposed Construction for Airport Airspace Analysis 21. Sponsor Requested Modifications to Standards Part D — Airport Documentation 22. Update Airport Master Record (FAA Form 5010-1) 23. Update Airport Layout Plan Set 24. Update Airport Diagram 25. Update Airport Part 139 Sign and Marking Plan Part E — Project Financials 26. Life Cycle Cost Analysis 27. Delineation of AIP Non -Participating Work 28. Project Budget 29. Engineers Estimate of Probable Construction Cost 30. DBE Participation Appendices 15. Quality Reviews. This task consists of the quality review of work elements on the project. During this project, quality reviews will be conducted by senior technical personnel that are not directly involved in the project. QC reviews shall be conducted on submittals for Project 1 and Project 2 with comments addressed prior to submitting to the Sponsor and FAA. 16. Conferences and Meetings. This task consists of conferences and meetings that will be attended by ATS for the purpose of coordination with the Sponsor, information exchange and general understanding of the status and direction of the project. It is anticipated that an on -site field meeting will be held during design, and a meeting will be held with the Sponsor around the time of the 90% submittal. ATS will prepare agendas and minutes for formal meetings. 17. Bid Assistance. This task consists of assisting the Sponsor in advertising for bids, conducting the bid opening on -site, providing answers and interpretation of the bid documents to questions from bidders, analyzing the bids received, and preparing a recommendation of award to the Sponsor. Bid assistance will be provided for Project 1 and Project 2 which will be separate bids. The following documents will be provided to the FAA as part of this task: 1) Pre -Bid Conference Agenda and Minutes 2) Addenda 3) Tabulation of Bids, Spreadsheet and PDF 4) Bid Proposal Form and Surety's Power of Attorney 5) BA Certification Forms 6) DBE Utilization Statement, Letter of Intent Form, and Certification by State DOT or Good Faith Effort documentation if no DBE participation proposed 7) ATS Analysis of Bids and Recommendation of Award Letter to Sponsor 8) Sponsor's Recommendation of Award Letter to FAA (prepared by Sponsor) 18. Grant Application. This task consists of assisting the Sponsor in preparation of the AIP grant application in accordance with ARP SOP 6.00 that will consist of the following elements: 1) SF-424, Application for Federal Assistance Page 510 of 578 AECOM Page 8 2) Form 5100-100 (Parts II, III, and IV) 3) Project Cost Breakdown 4) Project Sketch 5) Sponsor Certifications (six total) AECOM makes no representations or warranties that the deliverables and services will be successful in receiving a grant or funding. AECOM shall not be liable for failing to identify, manage, or coordinate submittals or applications to grants or funding opportunities. The grant application is due to the FAA no later than April 1, 2025. 19. Design Administration. This task consists of office administration and coordination of the project. Interoffice meetings, general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. This task includes preparation and submittal of the following for Project 1 and Project 2: Plans Project Manual EDR CSPP Submittal Organization Full SizePD 22 x 34" Hz lf Sizee 11 x 17" 11 x 17„ Hard Copy PDF Hard Copy PDF PDF 30% FAA PDF PDF Sponsor 2 PDF 2 PDF ATS 2 PDF 2 PDF 90% FAA PDF PDF PDF PDF Sponsor 2 PDF 2 PDF 2 PDF PDF ATS 2 PDF 2 PDF 2 PDF PDF Final FAA PDF ' PDF PDF PDF Sponsor 2 PDF 2 PDF 2 PDF PDF ATS 2 PDF 2 PDF 2 PDF PDF Issued for Bid FAA PDF PDF PDF Sponsor 2 PDF 2 PDF PDF ATS 2 PDF 2 PDF PDF Plans Rooms 4 4 Bidders 14 14 Total Hard Copies 18 16 30 12 EDR - Engineer's Design Report CSPP - Construction Safety and Phasing Plan HC - Hard Copy PDF - Adobe Acrobat Format • The FAA and Sponsor will receive PDF and Word version of the Responses to Review Comments for the 30% and 90% Submittals L:\Secure_DCS\Administration\AGREE\PROF\ALO TO#2 Runway 18-36 Rehabilitation .doc Page 511 of 578 Rehabilitation Runway 18/36 Waterloo Regional Airport Waterloo, Iowa FAA AIP 3-19-0094-0XX-202E Engineering Services Consultant Cost Summary Direct Labor Cost Exhibit B Category Hours Rate/Hour Amount Senior Professional 140 $97.35 $13,629.00 Project Professional 336 $77.95 $26,191.20 Staff Professional 782 $59.15 $46,255.30 Professional 648 $37.60 $24,364.80 CADD Operator II 164 $38.35 $6,289.40 CADD Operator I 540 $23.35 $12,609.00 Senior Technician 80 $47.20 $3,776.00 Technician 80 $35.45 $2,836.00 Project Support 192 $43.00 $8,256.00 $144,206.70 2962 Payroll Burden and Overhead Costs 125.50% $180,979.41 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 4000 0.670 2,680.00 Air Fare 0 700.00 0.00 Per Diem 0 60.00 0.00 Lodging 0 110.00 0.00 Rental Car 0 70.00 0.00 B/W Copies 20,000 0.06 1,200.00 Color Copies 5,000 0.22 1,100.00 Plan Copier 100 0.50 50.00 EDM Equipment 40 15.00 600.00 GPS Equipment 24 15.00 360.00 Miscellaneous, Other 2000 2,000.00 IV. AECOM Estimated Actual Costs Rounded V. Subcontract Expense ARA - HWD Testing Braun Intertec - Testing Services VI. Estimated Actual Costs VII. Fixed Fee (15% of Items I & II) Rounded VIII. Maximum Amount Payable $7,990.00 $333,176.11 $333,200.00 $29,900.00 $14,000.00 $377,100.00 $48,800.00 $425,900.00 Page 512 of 578 Exhibit B Rehabilitation Runway 18/36 Waterloo Regional Airport Waterloo, Iowa FAA AIP 3-19-0094-0XX-2025 Engineering Services Staff Hour Estimate Item No. Description Senior Prof Project Prof Staff Prof Prof CADD Operator II CADD Operator I Senior Technician Technician Project Support Totals 1 Pre -Design Conference 4 4 2 Data Collection and Review 8 8 8 8 8 40 3 Subsurface Information (Braun Intertec) 8 8 4 Non -Destructive Testing 4 16 16 36 5 Field Survey 40 80 80 200 6 Base Mapping & Digital Terrain Model 4 24 40 24 24 116 7 Aircraft Fleet Mix and Design Aircraft 4 8 24 24 60 8 Pavement Design 8 8 40 40 96 9 Preparation of Design Plans Project 1 (Outside Runway 12/30 Runway Safety Area) 1) Title Sheet 2 2 2) Legend, General Notes, Schedule of Drawings and Quantities, Seal 8 8 8 8 32 3) General Project Layout 8 12 8 28 4) Construction Safety and Operations Plan 8 8 12 28 5) Phasing Plan (Phase 1- Runway 18/36 Closure) 4 8 12 16 40 6) Typical Sections 4 8 8 20 7) Pollution Prevention Plan 8 8 8 24 8) Sediment and Erosion Control Plan 4 8 8 8 28 9) Sediment and Erosion Control Plan 4 8 8 8 28 10) Sediment and Erosion Details 8 8 16 11) Existing Conditions, Boring Locations and Demo Plan 2 8 10 12) Existing Conditions, Boring Locations and Demo Plan 2 8 10 13) Geometric Layout 8 8 12 28 14) Runway Grading and Drainage Plan 40 16 8 64 15) Runway Grading and Drainage Plan 40 16 8 64 16) Runway Plan and Profile 24 16 8 48 17) Runway Plan and Profile 24 16 8 48 18) Pavement Repair Details 8 16 8 8 40 19) Pavement Grooving Plan and Details 8 8 16 20) Runway Supplemental Elevations 8 8 8 24 21) Runway Supplemental Elevations 8 8 8 24 22) Runway Marking Plan 8 16 24 23) Runway Marking Plan 8 16 24 24) Runway Marking Details 4 8 12 25-29) Runway Cross Sections 12 12 8 8 40 Project 2 (Inside Runway 12/30 Runway Safety Area) 1) Title Sheet 2 2 2) Legend, General Notes, Schedule of Drawings and Quantities, Seal 8 8 8 8 32 3) General Project Layout 8 12 8 28 4) Construction Safety and Operations Plan 8 8 12 28 5) Phasing Plan (Phase 1 - Airfield Closure) 4 8 16 24 52 6) Typical Sections 4 8 8 20 7) Pollution Prevention Plan 8 8 8 24 8) Sediment and Erosion Control Plan 4 8 8 8 28 9) Sediment and Erosion Details 8 8 16 10) Existing Conditions, Boring Locations and Demo Plan 2 8 10 11) Geometric Layout 8 8 12 28 12) Runway Grading and Drainage Plan 40 16 8 64 13) Runway Grading and Drainage Plan 40 16 8 64 14) Runway Plan and Profile 24 16 8 48 15) Runway Plan and Profile 24 16 8 48 16) Pavement Repair Details 8 16 8 8 40 17) Pavement Grooving Plan and Details 8 8 16 18) Runway Supplemental Elevations 8 8 8 24 19) Runway Supplemental Elevations 8 8 8 24 20) Runway Marking Plan 8 16 24 21) Runway Marking Details 4 8 12 22-24) Runway Cross Sections 12 12 8 8 40 0 10 Project Manuals (2) 40 80 40 80 240 11 Construction Safety and Phasing Plans (CSPP) (2) 8 40 40 24 40 152 12 Airspace Submittal (2) 16 24 24 64 13 Estimate of Probable Construction Cost (2) 4 8 8 20 14 Engineer's Design Report (EDR) 4 16 40 40 24 124 15 Quality Review 24 24 16 Conferences and Meetings 24 24 24 16 88 17 Bid Assistance 12 40 40 24 116 18 Grant Application 4 16 20 19 Design Administration 40 80 40 160 Total Design Services 140 336 782 648 164 540 80 80 192 2962 Page 513 of 578 EXHIBIT C FEDERAL CONTRACT PROVISIONS FOR A/E AGREEMENTS ALL REFERENCES MADE HEREIN TO "CONTRACTOR", "PRIME CONTRACTOR", "BIDDER", "OFFEROR", AND "APPLICANT" SHALL PERTAIN TO THE ARCHITECT/ENGINEER (A/E). ALL REFERENCES MADE HEREIN TO "SUBCONTRACTOR", "SUB -TIER CONTRACTOR" OR "LOWER TIER CONTRACTOR" SHALL PERTAIN TO ANY SUBCONSULTANT UNDER CONTRACT WITH THE A/E. ALL REFERENCES MADE HEREIN TO "SPONSOR" AND "OWNER" SHALL PERTAIN TO THE STATE, CITY, AIRPORT AUTHORITY OR OTHER PUBLIC ENTITY EXECUTING CONTRACTS WITH THE A/E. PROVISIONS APPLICABLE TO ALL CONTRACTS ACCESS TO RECORDS AND REPORTS 3 CIVIL RIGHTS — GENERAL 3 CIVIL RIGHTS — TITLE VI ASSURANCES 3 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT 6 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) 6 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 6 RIGHT TO INVENTIONS 6 SEISMIC SAFETY 7 TAX DELINQUENCY AND FELONY CONVICTIONS 7 TRADE RESTRICTION CERTIFICATION 7 VETERAN'S PREFERENCE 8 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000 DISTRACTED DRIVING 9 EQUAL EMPLOYMENT OPPORTUNITY (EEO) 9 PROHIBITION OF SEGREGATED FACILITIES 10 TERMINATION OF CONTRACT 11 Page 1 of 18 Updated May 24, 2023 Page 514 of 578 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000 DEBARMENT AND SUSPENSION 12 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 13 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 14 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000 CLEAN AIR AND WATER POLLUTION CONTROL 15 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $250,000 BREACH OF CONTRACT TERMS 15 DISADVANTAGED BUSINESS ENTERPRISE 15 Page 2 of 18 Updated May 24, 2023 Page 515 of 578 PROVISIONS APPLICABLE TO ALL CONTRACTS ACCESS TO RECORDS AND REPORTS Reference: 2 CFR § 200.334 2 CFR § 200.337 FAA Order 5100.38 The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. CIVIL RIGHTS — GENERAL Reference: 49 USC § 47123 In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. CIVIL RIGHTS — TITLE VI ASSURANCES Reference: 49 USC § 47123 FAA Order 1400.11 Title VI Solicitation Notice The Sponsor, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); Page 3 of 18 Updated May 24, 2023 Page 516 of 578 • 49 CFR part 21 (Non-discrimination in Federally -Assisted programs of the Department of Transportation —Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)]; • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq). Nondiscrimination Requirements / Title VI Clauses for Compliance Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be Page 4 of 18 Updated May 24, 2023 Page 517 of 578 amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non- discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. Page 5 of 18 Updated May 24, 2023 Page 518 of 578 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Reference: 2 CFR § 200, Appendix II(K) 2 CFR § 200.216 Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)]. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) Reference: 29 USC § 201, et seq 2 CFR § 200.430 All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 Reference: 20 CFR Part 1910 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and Health Administration. RIGHT TO INVENTIONS Reference: 2 CFR Part 200, Appendix II(F) 37 CFR Part 401 Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR § 401.14. Contractor must include this requirement in all sub -tier contracts involving experimental, developmental, or research work. Page 6 of 18 Updated May 24, 2023 Page 519 of 578 SEISMIC SAFETY Reference: 49 CFR Part 41 In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a "certification of compliance" that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code. TAX DELINQUENCY AND FELONY CONVICTIONS Reference: Section 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103) and similar provisions in subsequent appropriations acts DOT Order 4200.6 — Appropriations Act Requirements for Procurement and Non - Procurement Regarding Tax Delinquency and Felony Convictions The Contractor certifies: 1) It is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) It is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. A felony conviction is a conviction within the preceding twenty four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 USC § 3559. The Contractor agrees to incorporate the above certification in all lower tier subcontracts. TRADE RESTRICTION CERTIFICATION Reference: 49 USC § 50104 49 CFR Part 30 By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror: 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and Page 7 of 18 Updated May 24, 2023 Page 520 of 578 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC § 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or 3) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. VETERAN'S PREFERENCE Reference: 49 USC § 47112(c) In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC § 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. Page 8 of 18 Updated May 24, 2023 Page 521 of 578 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000 DISTRACTED DRIVING Reference: Executive Order 13513 DOT Order 3902.10 In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub -tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project. EQUAL EMPLOYMENT OPPORTUNITY (EEO) Reference: 2 CFR Part 200, Appendix II(C) 41 CFR § 60-1.4 41 CFR § 60-4.3 Executive Order 11246 Equal Opportunity Clause During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: 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. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in (3) Page 9 of 18 Updated May 24, 2023 Page 522 of 578 response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (7) PROHIBITION OF SEGREGATED FACILITIES Reference: 2 CFR Part 200, Appendix II(C) 41 CFR Part 60-1 (a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact Page 10 of 18 Updated May 24, 2023 Page 523 of 578 segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract. TERMINATION OF CONTRACT Reference: 2 CFR Part 200, Appendix II(B) FAA Advisory Circular 150/5370-10, Section 80-09 Termination for Convenience (Professional Services) The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non -performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. Termination for Cause (Professional Services) Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party seven (7) days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement for cause in whole or in part, for the failure of the Consultant to: 1. Perform the services within the time specified in this contract or by Owner approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; or 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant Page 11 of 18 Updated May 24, 2023 Page 524 of 578 must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non -performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement for cause in whole or in part, if the Owner: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to the Consultant in accordance with the terms of this Agreement; 3. Suspends the project for more than one hundred eighty (180) days due to reasons beyond the control of the Consultant. Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner's breach of the contract. In the event of termination due to Owner breach, the Consultant is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000 DEBARMENT AND SUSPENSION Reference: 2 CFR Part 180 (Subpart B) 2 CFR Part 200, Appendix II(H) 2 CFR Part 1200 DOT Order 4200.5 Executive Orders 12549 and 12689 Certification of Offeror/Bidder Regarding Debarment By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. Page 12 of 18 Updated May 24, 2023 Page 525 of 578 Certification of Lower Tier Contractors Regardinq Debarment The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must confirm each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally - assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov. 2. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non -compliant participant. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS Reference: 2 CFR Part 200, Appendix II(E) 2 CFR § 5.5(b) 40 USC § 3702 40 USC § 3704 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any Page 13 of 18 Updated May 24, 2023 Page 526 of 578 such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause. 4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES Reference: 31 USC § 1352 — Byrd Anti -Lobbying Amendment 2 CFR Part 200, Appendix 11(1) 49 CFR Part 20, Appendix A Certification Regarding Lobbying The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Page 14 of 18 Updated May 24, 2023 Page 527 of 578 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000 CLEAN AIR AND WATER POLLUTION CONTROL References: 2 CFR Part 200, Appendix II(G) 42 USC § 7401, et seq 33 USC § 1251, et seq Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC §§ 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. The Contractor must include this requirement in all subcontracts that exceed $150,000. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $250,000 BREACH OF CONTRACT TERMS Reference: 2 CFR § 200 Appendix II(A) Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner's notice will identify a specific date by which the Contractor must correct the breach. Owner may proceed with termination of the contract if the Contractor fails to correct the breach by the deadline indicated in the Owner's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. DISADVANTAGED BUSINESS ENTERPRISE Reference: 49 CFR Part 26 Solicitation Language (Solicitations that include a Contract Goal) Bid Information Submitted as a matter of responsiveness: The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26.53. As a condition of responsiveness, the Bidder or Offeror must submit the following information with its proposal on the forms provided herein: 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; Page 15 of 18 Updated May 24, 2023 Page 528 of 578 2) A description of the work that each DBE firm will perform; 3) The dollar amount of the participation of each DBE firm listed under (1); 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner's project goal; 5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and 6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The documentation of good faith efforts must include copies of each DBE and non -DBE subcontractor quote submitted to the bidder when a non -DBE subcontractor was selected over a DBE for work on the contract. Bid Information submitted as a matter of bidder responsibility: The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26.53. As a condition of responsibility, every Bidder or Offeror must submit the following information on the forms provided herein within five days after bid opening. 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; 2) A description of the work that each DBE firm will perform; 3) The dollar amount of the participation of each DBE firm listed under (1); 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner's project goal; 5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and 6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The documentation of good faith efforts must include copies of each DBE and non -DBE subcontractor quote submitted to the bidder when a non -DBE subcontractor was selected over a DBE for work on the contract. Solicitation Language (Race/Gender Neutral Means) The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Owner to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. Prime Contracts (Contracts Covered by a DBE Program) Contract Assurance (49 CFR § 26.13) The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may Page 16 of 18 Updated May 24, 2023 Page 529 of 578 result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non -responsible. Prompt Payment (49 CFR § 26.29) The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) calendar days from the receipt of each payment the prime contractor receives from Owner. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) calendar days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Owner. This clause applies to both DBE and non -DBE subcontractors. Termination of DBE Subcontracts (49 CFR § 26.53(f)) The prime contractor must not terminate a DBE subcontractor listed in response to the above Solicitation Language (Solicitations that include a Contract Goal) section (or an approved substitute DBE firm) without prior written consent of Owner. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non -DBE firm, or with another DBE firm. The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains written consent from the Owner. Unless the Owner's consent is provided, the prime contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. The Owner may provide such written consent only if the Owner agrees, for reasons stated in the concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53. Before transmitting to the Owner its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to the Owner, of its intent to request to terminate and/or substitute, and the reason for the request. The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the Owner and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the Owner should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the Owner may provide a response period shorter than five days. In addition to post -award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements. Page 17 of 18 Updated May 24, 2023 Page 530 of 578 This Page Intentionally Left Blank Page 18 of 18 Updated May 24, 2023 Page 531 of 578 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE January 6, 2025 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc of Waterloo, IA, in the amount of $158,900.00, in conjunction with the Replace Aircraft Passenger Boarding Bridge Project, FAA AIP 3-19-0094-0XX-2025, and authorizing the Mayor 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 Page 532 of 578 1. ALO TO#1 Replace Aircraft Passenger Boarding Bridge Page 533 of 578 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com REPLACE AIRCRAFT PASSENGER BOARDING BRIDGE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA AIP 3-19-0094-0XX-2025 Project Description - See Attached Exhibit A, Scope of Services Scope of Services - See Attached Exhibit A, Scope of Services Compensation Compensation for services for this project shall be a cost-plus fixed fee not to exceed One Hundred Fifty -Eight Thousand Nine Hundred Dollars ($158,900.00). See attached Exhibit B, Consultant Cost Summary. General Conditions Except as specifically amended by this Individual Project Agreement, Services shall be provided in accordance with the Professional Services Agreement for the Waterloo Regional Airport, entered between AECOM Technical Services, Inc. ("ATS") and the City of Waterloo ("Client") dated December 2, 2024. APPROVED: APPROVED: CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC. By By ed444 yR. SHA-ez&er Quentin M. Hart, Mayor Michelle M. Sweeney, PE, PTO Associate Vice President Date Date December 6, 2024 Page 534 of 578 AECOM Page 1 REPLACE AIRCRAFT PASSENGER BOARDING BRIDGE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA AIP 3-19-0094-0XX-2025 EXHIBIT A Project Description This project is the replacement of the only passenger aircraft boarding bridge at the Waterloo Regional Airport (Sponsor). The existing boarding bridge serves commercial service aircrafts utilizing the airport. The boarding bridge allows for passenger boarding of aircraft during various weather conditions, including the Iowa weather extremes of heat and freezing weather, without requiring passengers to traverse outside of the terminal building. The bridge provides a climate -controlled environment and provides access to passengers, including ones with disabilities. The existing boarding bridge is more than 20 years in age. This model of bridge is no longer in production by the boarding bridge manufacturer and replacement parts are not readily available. The new passenger boarding bridge will replace the existing bridge and will be comprised of a tunnel section with rotunda and telescoping bridge with conditioned air and a ground power unit. A portable passenger boarding bridge will be required during the replacement of the existing boarding bridge and is included in this project. It is anticipated that design and construction of this project will be funded in part with federal funds received through the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant. II. Scope of Services The work to be performed by AECOM Technical Services (ATS) shall encompass and include work, services, materials, equipment and supplies necessary to provide preliminary design, develop final plans, develop specifications, provide construction cost estimates, and provide bidding services. Work is divided into the following tasks: 1. Pre -Design Conference. This task consists of a pre -design conference called by the Sponsor and held between the Sponsor, ATS and the FAA. The pre -design conference will be conducted by conference call. The purpose of this conference is to discuss various items relating to design parameters, airport safety, routing of aircraft and equipment, sequencing of construction operations, environmental considerations and civil rights requirements. ATS will prepare and distribute an agenda and the minutes of this meeting. The minutes will document the requirements set forth in this pre -design conference. The ATS Project Manager will be in attendance. 2. Data Collection and Review. This task consists of the collection of existing data applicable to this project and related to the proposed work site. Record drawings of completed projects and utility information will be compiled as background information for the project. 3. Design Charrette Meeting. This task consists of an on -site two (2) day design meeting to discuss and develop the following elements. Page 535 of 578 AECOM Page 2 • Site Review of the Existing Passenger Boarding Bridge • Airside Geometric Review • Review and quantify airside geometric layout to verify consistency with design standards, including but not limited to: apron depth; service width; road to building clearances; aircraft nose, tail, and wingtip clearances; taxilane width; and object free areas. • Aircraft Movement Simulations • Develop aircraft arrival and departure simulations using AviPlan Airside Pro software to demonstrate aircraft movements in and out of Taxiway A and apron areas. The most critical aircraft in terms of length and wingspan will be used to confirm the movements and associated clearances for each gate. • Aircraft Jetblast Analyses • Conduct aircraft jetblast analysis using AviPlan Airside Pro software to illustrate the potential jetblast impacts on the taxilane, apron, and landside areas. Simulations will be developed using breakaway throttle and idle settings to demonstrate operational mitigation procedures. • Aircraft Fleet Mix and Design Aircraft • Develop the aircraft fleet mix and determining the critical design aircraft to be used for the design of this passenger boarding bridge through coordination with the Sponsor and the FAA. • Passenger Boarding Bridge Layout • Develop preferred layout and boarding bridge requirements. 4. Subsurface Information. This task will be completed by Braun Intertec, serving as a subconsultant to ATS. Subsurface information will be collected for design and construction of the proposed improvements in the area shown in Figure 1. • Prepare Geotechnical Report. A draft report for Sponsor and FAA review will be submitted. A final report will be submitted after addressing Sponsor and FAA comments. The report will be appended to the Engineer's Design Report. 5. Field Survey. This task will be completed by ATS. This task consists of a field survey to collect the following topographic information to assist in the preparation of the plans for the project: • Terminal Building Face and Door Elevations • Existing Passenger Boarding Bridge Layout • Pavement Markings • Location of Proposed Pavement Cores and Soil Borings • Other Horizontal and Vertical Data within the Survey Limits Property surveys are not included in this task. Page 536 of 578 AECOM Page 3 6. Base Mapping. This task consists of the preparation of a project base prepared from the field survey and record documents of completed projects. 7. Preparation of Design Plans for Replacement of Aircraft Boarding Bridge. This task consists of the preparation of the final design plans for this project. Plans will be prepared in compliance with current FAA requirements in effect at the time the plans are prepared. This task includes the preparation of the following sheets with those sheets to be submitted at the 90% and final submittals: • Title Sheet • Legend, General Notes, Schedule of Drawings and Quantities, and Seals • General Project Layout • Construction Safety and Operations Plan • Apron Phasing Plans • Existing Typical Pavement Sections • Existing Conditions, Boring Locations and Demolition Plan • Geometric Layout • Structural Footing Details • Architectural Plan • Architectural Details • Apron Marking Plan • Pavement Marking Details • Electrical Plan • Electrical Details 8. Project Manual. This task consists of the preparation of the project manual. The technical specifications and corresponding contract documents will follow Advisory Circular (AC) 150/5370-10H. The project manual will be submitted electronically with "Track Changes" being shown for the 90% submittal. The final, bid set, of the project manual will have the "Track Changes" accepted. 9. Construction Safety and Phasing Plan. This task consists of the preparation of a separate Construction Safety and Phasing Plan (CSPP) in accordance with AIP Sponsor Guide Section 960 and AC 150/5370-2G. The draft CSPP will be submitted to FAA for review. A final CSPP will be prepared and submitted that will address comments received. The final CSPP will be submitted as a standalone PDF and included in an appendix of the project manual. 10. Airspace Submittal. This task consists of preparation and submittal of FAA 7460-1 forms electronically through the FAA's OEAAA website for temporary construction items, including contractor's staging area, access routes, work areas limits, and construction equipment. Airspace forms will be submitted during the design phase of the project once element locations are defined for FAA determinations and to be received prior to anticipated construction start. Prior to making the 7460-1 submittal, plans showing the study point shall be provided for FAA review. 11. Estimate of Probable Construction Cost. This task consists of the preparation of a detailed estimate of construction costs based upon the plans and specifications. This statement of probable construction cost prepared by ATS represents ATS's best judgment as a design professional at the time the estimate is drawn. It is recognized, however, that neither ATS nor the Sponsor has control over the cost of labor, materials or equipment; over the contractor's method of determining bid Page 537 of 578 AECOM Page 4 prices; or over competitive bidding or market conditions. Accordingly, ATS cannot and does not guarantee that bids will not vary from the statement of Probable Construction Cost or other cost estimates prepared by ATS. 12. Engineer's Design Report (EDR). This task consists of the preparation of an EDR in accordance with the AIP Sponsor Guide Section 920 effective at the time of the agreement. The EDR will be submitted to the Sponsor and FAA for review and comment at the 90% submittal. Written responses will be provided to the Sponsor and FAA addressing the comments. The EDR will consists of the following parts and sections: Part A — Overview of the Proposed Project 1. Purpose and Need 2. General Scope of Work 3. Project Schedule Part B — Existing Site Conditions 4. Existing Site Conditions 5. Utilities in the Work Area 6. Geotechnical Investigation 7. Fleet Mix Part C — Proposed Improvements 8. Design Standards 9. Geometric Improvements 10. Geotechnical Investigation 11. Pavement Markings 12. Miscellaneous Work Items 13. Overview of Construction Safety and Phasing 14. Notice of Proposed Construction for Airport Airspace Analysis 15. Sponsor Requested Modifications to Standards Part D — Airport Documentation (N/A) Part E — Project Financials 16. Delineation of AIP Non -Participating Work 17. Project Budget 18. Engineers Estimate of Probable Construction Cost 19. DBE Participation Appendices 13. Quality Review. This task consists of the quality review of work elements on the project. During this project, quality reviews will be conducted by senior technical personnel that are not directly involved in the project. QC reviews shall be conducted on submittals and comments addressed prior to submitting to the Sponsor and FAA. 14. Conferences and Meetings. This task consists of conferences and meetings that will be attended by ATS for the purpose of coordination with the Sponsor, information exchange and general understanding of the status and direction of the project. It is anticipated that an on -site field meeting will be held during design, and a meeting will be held with the Sponsor around the time of the 90% submittal. ATS will prepare agendas and minutes for formal meetings. Page 538 of 578 AECOM Page 5 15. Bid Assistance. This task consists of assisting the Sponsor in advertising for bids, conducting the bid opening on -site, providing answers and interpretation of the bid documents to questions from bidders, analyzing the bids received, and preparing a recommendation of award to the Sponsor. The following documents will be provided to the FAA as part of this task: • Pre -Bid Conference Agenda and Minutes • Addenda • Tabulation of Bids, Spreadsheet and PDF • Bid Proposal Form and Surety's POA • BA Certification Forms • DBE Utilization Statement, Letter of Intent Form, and Certification by State DOT or GFE documentation if no DBE participation proposed • ATS Analysis of Bids and Recommendation of Award Letter to Sponsor • Sponsor's Recommendation of Award Letter to FAA (prepared by Sponsor) 16. Grant Application. This task consists of assisting the Sponsor in preparation of the AIP grant application in accordance with ARP SOP 6.00 and includes the following elements: • SF-424, Application for Federal Assistance • Form 5100-100 (Parts II, III, and IV) • Project Cost Breakdown • Project Sketch • Sponsor Certifications (six total) The grant application is due to the FAA no later than April 1, 2025. AECOM makes no representations or warranties that the deliverables and services will be successful in receiving a grant or funding. AECOM shall not be liable for failing to identify, manage, or coordinate submittals or applications to grants or funding opportunities. 17. Design Administration. This task consists of office administration and coordination of the project. Interoffice meetings, general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. This task includes preparation and submittal of the Responses to Review Comments of the 90% Submittal. The FAA and Sponsor will receive PDF and Word version of the Responses to Review Comments of the 90% Submittal. L:\Secure_DCS\Administration\AGREE\PROFWLO Replace Aircraft Passenger Boarding Bridge.doc Page 539 of 578 Replace Aircraft Passenger Boarding Bridge Waterloo Regional Airport Waterloo, Iowa FAA AIP 3-19-0094-0XX-2025 Engineering Services Consultant Cost Summary Direct Labor Cost Category Hours Rate/Hour Amount Senior Professional 56 $97.35 $5,451.60 Project Professional 340 $77.95 $26,503.00 Staff Professional 180 $59.15 $10,647.00 Professional 56 $37.60 $2,105.60 CADD Operator II 108 $38.35 $4,141.80 CADD Operator I 108 $23.35 $2,521.80 Senior Technician 8 $47.20 $377.60 Technician 8 $35.45 $283.60 Project Support 88 $43.00 $3,784.00 952 II. Payroll Burden and Overhead Costs III. Direct Project Expenses 125.50% Category Units Rate/Unit Amount Mileage 2000 0.670 1,340.00 Air Fare 2 700.00 1,400.00 Per Diem 4 60.00 240.00 Lodging 4 110.00 440.00 Rental Car 2 70.00 140.00 B/W Copies 3,000 0.06 180.00 Color Copies 500 0.22 110.00 Plan Copier 100 0.50 50.00 EDM Equipment 4 15.00 60.00 GPS Equipment 4 15.00 60.00 Miscellaneous, Other 750.00 IV. AECOM Estimated Actual Costs Rounded V. Subcontract Expense Braun Intertec - Testing Services VI. Estimated Actual Costs VII. Fixed Fee (15% of Items I & II) Rounded VIII. Maximum Amount Payable Exhibit B $55,816.00 $70,049.08 $4,770.00 $130,635.08 $130,600.00 $9,400.00 $140,000.00 $18,900.00 $158,900.00 Page 540 of 578 Exhibit B Replace Aircraft Passenger Boarding Bridge Waterloo Regional Airport Waterloo, Iowa FAA AIP 3-19-0094-0XX-2025 Engineering Services Staff Hour Estimate Item No. Description Senior Prof Project Prof Staff Prof Prof CADD Operator II CADD Operator I Senior Technician Technician Project Support Totals 1 Pre -Design Conference 4 4 2 Data Collection and Review 8 8 8 8 32 3 Design Charrette Meetings (2) 16 120 16 152 4 Subsurface Information 2 2 5 Field Survey 8 8 16 6 Base Mapping 16 16 7 Preparation of Design Plans for Replacement of Aircraft Boarding Bridge 0 a. Title Sheet 2 2 b. Legend, General Notes, Schedule of Drawings and Quantities, Seals 8 4 4 16 c. General Project Layout 8 12 8 28 e. Construction Safety and Operations Plan 8 8 12 28 d. Apron Phasing Plans 4 8 12 16 40 f. Existing Typical Pavement Sections 4 4 8 a. Existing Conditions, Boring Locations and Demo Plan 2 8 10 b. Geometric Layout 8 8 16 a. Structural Footing Details 16 8 24 b. Architectural Plan 8 8 a. Architectural Details 8 8 16 b. Apron Marking Plan 8 8 24 40 a. Pavvement Marking Details 2 2 b. Electrical Plan 24 8 16 48 a. Electrical Details 8 8 16 8 Project Manual 80 40 40 160 9 Construction Safety and Phasing Plan 8 16 8 8 40 10 Airspace Submittal 8 4 12 11 Estimate of Probable Construction Costs 2 16 8 26 12 Engineer's Design Report 2 16 16 8 8 50 13 Quality Review 8 0 8 14 Conferences and Meetings 4 16 20 15 Bid Assistance 4 40 16 8 68 16 Grant Application 4 4 17 Design Administration 16 24 40 Total Design Services 56 340 180 56 108 108 8 8 88 952 Page 541 of 578 EXHIBIT C FEDERAL CONTRACT PROVISIONS FOR A/E AGREEMENTS ALL REFERENCES MADE HEREIN TO "CONTRACTOR", "PRIME CONTRACTOR", "BIDDER", "OFFEROR", AND "APPLICANT" SHALL PERTAIN TO THE ARCHITECT/ENGINEER (A/E). ALL REFERENCES MADE HEREIN TO "SUBCONTRACTOR", "SUB -TIER CONTRACTOR" OR "LOWER TIER CONTRACTOR" SHALL PERTAIN TO ANY SUBCONSULTANT UNDER CONTRACT WITH THE A/E. ALL REFERENCES MADE HEREIN TO "SPONSOR" AND "OWNER" SHALL PERTAIN TO THE STATE, CITY, AIRPORT AUTHORITY OR OTHER PUBLIC ENTITY EXECUTING CONTRACTS WITH THE A/E. PROVISIONS APPLICABLE TO ALL CONTRACTS ACCESS TO RECORDS AND REPORTS 3 CIVIL RIGHTS — GENERAL 3 CIVIL RIGHTS — TITLE VI ASSURANCES 3 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT 6 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) 6 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 6 RIGHT TO INVENTIONS 6 SEISMIC SAFETY 7 TAX DELINQUENCY AND FELONY CONVICTIONS 7 TRADE RESTRICTION CERTIFICATION 7 VETERAN'S PREFERENCE 8 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000 DISTRACTED DRIVING 9 EQUAL EMPLOYMENT OPPORTUNITY (EEO) 9 PROHIBITION OF SEGREGATED FACILITIES 10 TERMINATION OF CONTRACT 11 Page 1 of 18 Updated May 24, 2023 Page 542 of 578 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000 DEBARMENT AND SUSPENSION 12 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 13 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 14 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000 CLEAN AIR AND WATER POLLUTION CONTROL 15 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $250,000 BREACH OF CONTRACT TERMS 15 DISADVANTAGED BUSINESS ENTERPRISE 15 Page 2 of 18 Updated May 24, 2023 Page 543 of 578 PROVISIONS APPLICABLE TO ALL CONTRACTS ACCESS TO RECORDS AND REPORTS Reference: 2 CFR § 200.334 2 CFR § 200.337 FAA Order 5100.38 The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. CIVIL RIGHTS — GENERAL Reference: 49 USC § 47123 In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. CIVIL RIGHTS — TITLE VI ASSURANCES Reference: 49 USC § 47123 FAA Order 1400.11 Title VI Solicitation Notice The Sponsor, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); Page 3 of 18 Updated May 24, 2023 Page 544 of 578 • 49 CFR part 21 (Non-discrimination in Federally -Assisted programs of the Department of Transportation —Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)]; • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq). Nondiscrimination Requirements / Title VI Clauses for Compliance Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be Page 4 of 18 Updated May 24, 2023 Page 545 of 578 amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non- discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. Page 5 of 18 Updated May 24, 2023 Page 546 of 578 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Reference: 2 CFR § 200, Appendix II(K) 2 CFR § 200.216 Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)]. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) Reference: 29 USC § 201, et seq 2 CFR § 200.430 All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 Reference: 20 CFR Part 1910 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and Health Administration. RIGHT TO INVENTIONS Reference: 2 CFR Part 200, Appendix II(F) 37 CFR Part 401 Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR § 401.14. Contractor must include this requirement in all sub -tier contracts involving experimental, developmental, or research work. Page 6 of 18 Updated May 24, 2023 Page 547 of 578 SEISMIC SAFETY Reference: 49 CFR Part 41 In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a "certification of compliance" that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code. TAX DELINQUENCY AND FELONY CONVICTIONS Reference: Section 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103) and similar provisions in subsequent appropriations acts DOT Order 4200.6 — Appropriations Act Requirements for Procurement and Non - Procurement Regarding Tax Delinquency and Felony Convictions The Contractor certifies: 1) It is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) It is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. A felony conviction is a conviction within the preceding twenty four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 USC § 3559. The Contractor agrees to incorporate the above certification in all lower tier subcontracts. TRADE RESTRICTION CERTIFICATION Reference: 49 USC § 50104 49 CFR Part 30 By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror: 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and Page 7 of 18 Updated May 24, 2023 Page 548 of 578 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC § 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list; or 3) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. VETERAN'S PREFERENCE Reference: 49 USC § 47112(c) In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC § 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. Page 8 of 18 Updated May 24, 2023 Page 549 of 578 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $10,000 DISTRACTED DRIVING Reference: Executive Order 13513 DOT Order 3902.10 In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub -tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project. EQUAL EMPLOYMENT OPPORTUNITY (EEO) Reference: 2 CFR Part 200, Appendix II(C) 41 CFR § 60-1.4 41 CFR § 60-4.3 Executive Order 11246 Equal Opportunity Clause During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: 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. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in (3) Page 9 of 18 Updated May 24, 2023 Page 550 of 578 response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (7) PROHIBITION OF SEGREGATED FACILITIES Reference: 2 CFR Part 200, Appendix II(C) 41 CFR Part 60-1 (a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact Page 10 of 18 Updated May 24, 2023 Page 551 of 578 segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract. TERMINATION OF CONTRACT Reference: 2 CFR Part 200, Appendix II(B) FAA Advisory Circular 150/5370-10, Section 80-09 Termination for Convenience (Professional Services) The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non -performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. Termination for Cause (Professional Services) Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party seven (7) days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement for cause in whole or in part, for the failure of the Consultant to: 1. Perform the services within the time specified in this contract or by Owner approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; or 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant Page 11 of 18 Updated May 24, 2023 Page 552 of 578 must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non -performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement for cause in whole or in part, if the Owner: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to the Consultant in accordance with the terms of this Agreement; 3. Suspends the project for more than one hundred eighty (180) days due to reasons beyond the control of the Consultant. Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner's breach of the contract. In the event of termination due to Owner breach, the Consultant is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $25,000 DEBARMENT AND SUSPENSION Reference: 2 CFR Part 180 (Subpart B) 2 CFR Part 200, Appendix II(H) 2 CFR Part 1200 DOT Order 4200.5 Executive Orders 12549 and 12689 Certification of Offeror/Bidder Regarding Debarment By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. Page 12 of 18 Updated May 24, 2023 Page 553 of 578 Certification of Lower Tier Contractors Regardinq Debarment The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must confirm each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally - assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov. 2. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non -compliant participant. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $100,000 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS Reference: 2 CFR Part 200, Appendix II(E) 2 CFR § 5.5(b) 40 USC § 3702 40 USC § 3704 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any Page 13 of 18 Updated May 24, 2023 Page 554 of 578 such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause. 4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES Reference: 31 USC § 1352 — Byrd Anti -Lobbying Amendment 2 CFR Part 200, Appendix 11(1) 49 CFR Part 20, Appendix A Certification Regarding Lobbying The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Page 14 of 18 Updated May 24, 2023 Page 555 of 578 PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $150,000 CLEAN AIR AND WATER POLLUTION CONTROL References: 2 CFR Part 200, Appendix II(G) 42 USC § 7401, et seq 33 USC § 1251, et seq Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC §§ 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. The Contractor must include this requirement in all subcontracts that exceed $150,000. PROVISIONS APPLICABLE TO CONTRACTS EXCEEDING $250,000 BREACH OF CONTRACT TERMS Reference: 2 CFR § 200 Appendix II(A) Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner's notice will identify a specific date by which the Contractor must correct the breach. Owner may proceed with termination of the contract if the Contractor fails to correct the breach by the deadline indicated in the Owner's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. DISADVANTAGED BUSINESS ENTERPRISE Reference: 49 CFR Part 26 Solicitation Language (Solicitations that include a Contract Goal) Bid Information Submitted as a matter of responsiveness: The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26.53. As a condition of responsiveness, the Bidder or Offeror must submit the following information with its proposal on the forms provided herein: 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; Page 15 of 18 Updated May 24, 2023 Page 556 of 578 2) A description of the work that each DBE firm will perform; 3) The dollar amount of the participation of each DBE firm listed under (1); 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner's project goal; 5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and 6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The documentation of good faith efforts must include copies of each DBE and non -DBE subcontractor quote submitted to the bidder when a non -DBE subcontractor was selected over a DBE for work on the contract. Bid Information submitted as a matter of bidder responsibility: The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR § 26.53. As a condition of responsibility, every Bidder or Offeror must submit the following information on the forms provided herein within five days after bid opening. 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; 2) A description of the work that each DBE firm will perform; 3) The dollar amount of the participation of each DBE firm listed under (1); 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner's project goal; 5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; and 6) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. The documentation of good faith efforts must include copies of each DBE and non -DBE subcontractor quote submitted to the bidder when a non -DBE subcontractor was selected over a DBE for work on the contract. Solicitation Language (Race/Gender Neutral Means) The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Owner to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. Prime Contracts (Contracts Covered by a DBE Program) Contract Assurance (49 CFR § 26.13) The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may Page 16 of 18 Updated May 24, 2023 Page 557 of 578 result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non -responsible. Prompt Payment (49 CFR § 26.29) The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) calendar days from the receipt of each payment the prime contractor receives from Owner. The prime contractor agrees further to return retainage payments to each subcontractor within thirty (30) calendar days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Owner. This clause applies to both DBE and non -DBE subcontractors. Termination of DBE Subcontracts (49 CFR § 26.53(f)) The prime contractor must not terminate a DBE subcontractor listed in response to the above Solicitation Language (Solicitations that include a Contract Goal) section (or an approved substitute DBE firm) without prior written consent of Owner. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non -DBE firm, or with another DBE firm. The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains written consent from the Owner. Unless the Owner's consent is provided, the prime contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. The Owner may provide such written consent only if the Owner agrees, for reasons stated in the concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53. Before transmitting to the Owner its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to the Owner, of its intent to request to terminate and/or substitute, and the reason for the request. The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the Owner and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the Owner should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the Owner may provide a response period shorter than five days. In addition to post -award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements. Page 17 of 18 Updated May 24, 2023 Page 558 of 578 This Page Intentionally Left Blank Page 18 of 18 Updated May 24, 2023 Page 559 of 578 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE January 6, 2025 AGENDA ITEM TITLE Resolution directing sale of $3,560,000.00* (Subject to adjustment per terms of offering) General Obligation Urban Renewal Bonds, Series 2025A. 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 (173 174) - Letter of Instruction Sale Award 2025A GO UR BONDS and 2025B TAXABLE GO UR BONDS Page 560 of 578 2. Waterloo (173) - Sale Award Proceedings 2025A GO UR BONDS, Series 2025A Page 561 of 578 AHLERS COONEY ATTORNEY S December 23, 2024 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ahlerslaw.com Re: Waterloo, Iowa - General Obligation Urban Renewal Bonds, Series 2025A/B Dear Kelley: We have now prepared suggested proceedings for the sale date (January 6, 2025) covering minutes of the reception of bids and form of resolution awarding the Bonds to the best bidder. Sealed bids for the above -referenced Bonds should be received and listed in the minutes. Any bids received by fax should be sealed in an envelope and opened with the sealed bids. After a final call for sealed bids, the bids should then be opened and the best bid recorded. Only sealed bids are permitted by the terms of sale. No oral bids should be considered. Once any sealed bids have been first opened, the SPEERAUCTION electronic bid system can be accessed and the best bid noted. All bids should then be referred to the Council for award of the Bonds at the afternoon Council meeting. Please return electronic scans to our office. If any questions arise please do not hesitate to contact us. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 Page 562 of 578 December 23, 2024 Page 2 cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Bridgett Wood, Finance Director, City of Waterloo (via email w/ encl.) Kim Bahr, Financial Analyst, City of Waterloo (via email w/encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 02183682-1 \ 11310-15 8 4914-5402-3427, v. 1 Page 563 of 578 ITEMS TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA $3,560,000* (Subject to Adjustment per Terms of Offering) General Obligation Urban Renewal Bonds, Series 2025A • Receipt of bids. • Resolution directing sale. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 564 of 578 January 6, 2025 The Finance Director of the City of Waterloo, State of Iowa, or her designee, met in City Hall, 715 Mulberry Street, Waterloo, Iowa, at 10:30 A.M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the Bonds to the best and most favorable bidder for cash, subject to approval by the City Council at .M. on the above date. The following persons were present: ******** 1 Page 565 of 578 This being the time and place for the opening of bids for the sale of $3,560,000* (Subject to Adjustment per Terms of Offering) General Obligation Urban Renewal Bonds, Series 2025A, the meeting was opened for the receipt of bids for the Bonds. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: (Attach List of Bidders) 2. The City Clerk then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: (Attach List of Bidders) 4. The best bid was determined to be as follows: Name & Address of Bidder: True Interest Rate (as -bid): Net Interest Cost (as -bid): $ % In consultation with Speer Financial, Inc., the City's Municipal Advisor, the City considered the adjustment of the aggregate principal amount of the Bonds and each scheduled maturity thereof in accordance with the Terms of Offering and the following actions were taken: Final Par Amount as adjusted: $ Purchase Price as adjusted: $ All bids were then referred to the Council for action. 2 Page 566 of 578 January 6, 2025 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: 3 Page 567 of 578 Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $3,560,000* (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING) GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2025A," and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION DIRECTING SALE OF $3,560,000* (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING) GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2025A WHEREAS, bids have been received for the Bonds described as follows and the best bid received (with permitted adjustments, if any) is determined to be the following: $3,560,000* (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING) GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2025A Bidder: The terms of award: Final Par Amount as adjusted: $ Purchase Price as adjusted: $ True Interest Rate: of Net Interest Cost: $ % 4 Page 568 of 578 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, the Bonds are hereby awarded as described above. Section 2. That the statement of information for Bond bidders and the form of contract for the sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of the Bonds are hereby ratified and approved. PASSED AND APPROVED this 6th day of January, 2025. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 5 Page 569 of 578 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 , 2025. (SEAL) 4931-5556-0457, v. 1 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 570 of 578 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE January 6, 2025 AGENDA ITEM TITLE Resolution directing sale of $28,590,000* (Subject to adjustment per terms of offering) Taxable General Obligation Urban Renewal Bonds, Series 2025B. 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 (174) - Sale Award Proceedings 2025B Taxable GO UR BONDS, Series 2025B Page 571 of 578 ITEMS TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA $28,590,000* (Subject to Adjustment per Terms of Offering) Taxable General Obligation Urban Renewal Bonds, Series 2025B • Receipt of bids. • Resolution directing sale. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 572 of 578 January 6, 2025 The Finance Director of the City of Waterloo, State of Iowa, or her designee, met in City Hall, 715 Mulberry Street, Waterloo, Iowa, at 11:00 A.M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the Bonds to the best and most favorable bidder for cash, subject to approval by the City Council at .M. on the above date. The following persons were present: ******** 1 Page 573 of 578 This being the time and place for the opening of bids for the sale of $28,590,000* (Subject to Adjustment per Terms of Offering) Taxable General Obligation Urban Renewal Bonds, Series 2025B, the meeting was opened for the receipt of bids for the Bonds. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: (Attach List of Bidders) 2. The City Clerk then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: (Attach List of Bidders) 4. The best bid was determined to be as follows: Name & Address of Bidder: True Interest Rate (as -bid): Net Interest Cost (as -bid): $ % In consultation with Speer Financial, Inc., the City's Municipal Advisor, the City considered the adjustment of the aggregate principal amount of the Bonds and each scheduled maturity thereof in accordance with the Terms of Offering and the following actions were taken: Final Par Amount as adjusted: $ Purchase Price as adjusted: $ All bids were then referred to the Council for action. 2 Page 574 of 578 January 6, 2025 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: 3 Page 575 of 578 Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $28,590,000* (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING) TAXABLE GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2025B," and moved its adoption. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION DIRECTING SALE OF $28,590,000* (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING) TAXABLE GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2025B WHEREAS, bids have been received for the Bonds described as follows and the best bid received (with permitted adjustments, if any) is determined to be the following: $28,590,000* (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING) TAXABLE GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2025B Bidder: The terms of award: Final Par Amount as adjusted: $ Purchase Price as adjusted: $ True Interest Rate: of Net Interest Cost: $ % NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, the Bonds are hereby awarded as described above. 4 Page 576 of 578 Section 2. That the statement of information for Bond bidders and the form of contract for the sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of the Bonds are hereby ratified and approved. PASSED AND APPROVED this 6th day of January, 2025. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 5 Page 577 of 578 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 , 2025. (SEAL) 4899-8794-3689, v. 1 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 578 of 578