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HomeMy WebLinkAboutCouncil Packet - 2/3/2025CITY OF �4iLTERLOO IOWA THECITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, February 3, 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 529 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, Belinda Creighton -Smith, Ward 4 Council Member. Approval of Agenda as proposed or amended. Approval of Minutes of the January 21, 2025, Regular Council Session, as proposed or amended. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. Page 2 of 529 CONSENT AGENDA The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request by Dennis Holbach Sr., for tax exemptions on the construction of new windows, entry doors, kitchen, bath remodel, flooring, fixtures, cabinets, and vinyl siding valued at $59,500.00, for property located at 642 Boston Avenue and located in the Consolidated Urban Revitalization Area (CURA). 3. Resolution approving the request by Barb and Robbie Hadaway, for tax exemptions on the construction of a new single-family home valued at $547,000.00, for property located at 2050 Ashland Avenue and located in the Consolidated Urban Revitalization Area (CURA). 4. Resolution approving the request by Robert Roquet, for tax exemptions on the construction of a new single-family home valued at $132,050.00, for property located at 3157 Rocky Road and located in the Consolidated Urban Revitalization Area (CURA). 5. Resolution approving the request by Amel Muhamedagic, for tax exemptions on the construction of a new single-family home valued at $500,000.00, for property located at 4865 Shelley Court and located in the City Limits Urban Revitalization Area (CLURA). 6. Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new single-family home valued at $399,102.00, for property located at 1325 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). 7. Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new single-family home valued at $558,900.00, for property located at 1330 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). 8. Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new single-family home valued at $541,500.00, for property located at 1570 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). 9. Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new single-family home valued at $574,771.00, for property located at 1416 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). 10. Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new townhome unit valued at $355,000.00, for property located at 3357 Lincolnshire Road and located in the City Limits Urban Revitalization Area (CLURA). 11. Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new townhome unit valued at $334,500.00, for property located at 3355 Page 3 of 529 Lincolnshire Road and located in the City Limits Urban Revitalization Area (CLURA). 12. Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new townhome unit valued at $349,999.00, for property located at 3347 Lincolnshire Road and located in the City Limits Urban Revitalization Area (CLURA). 13. Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new townhome unit valued at $324,999.00, for property located at 3345 Lincolnshire Road and located in the City Limits Urban Revitalization Area (CLURA). 14. Resolution approving the request by Almir Mustedanagic, for tax exemptions on the construction of a new twin -home unit valued at $270,400.00, for property located at 4129 Omaha Avenue and located in the City Limits Urban Revitalization Area (CLURA). 15. Resolution approving the request by Joshua and Dawn Randall, for tax exemptions on the construction of a new single-family home valued at $568,212.00, for property located at 131 Sunbird Court and located in the City Limits Urban Revitalization Area (CLURA). 16. Resolution approving the request by Steven and Yvonne Smith, for tax exemptions on the construction of a new single-family home valued at $250,000.00, for property located at 2324 Maynard Avenue and located in the City Limits Urban Revitalization Area (CLURA). 17. Resolution setting date of public hearing as March 3, 2025, to approve an amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as February 14, 2025, and instruct the City Clerk to publish notice. 18. Resolution setting date of public hearing as February 17, 2025, for the sale and conveyance of City -owned property, lots 6 and 7 of block 16 of Downing Place, to EIC Enterprises, LLC, in the amount of $1.00, including approval of a Development Agreement for relocation of two homes. 19. Resolution setting date of public hearing as February 17, 2025 for a request by Levi Architecture, on behalf of Troy's Sandwiches, for a Site Plan Amendment to allow for a quick service restaurant in an existing building in the "S-1" Shopping Center District located at 3146 Kimball Avenue. 20. Motion to approve Final Quantity Summary with Price Industrial Electric, for a net decrease of $530,318.39, in conjunction with the FY 2024 Fiber -Optic Outside Plant (OSP), Economic Development Administration (EDA) Award Number 05-79-06185, Contract No. 1086, and authorizing the Mayor to execute said document. 21. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Price Industrial Electric, Inc., in the amount of $1,574,037.18, in conjunction with the FY 2024 Fiber -Optic Outside Plant (OSP) Construction, Economic Development Administration (EDA), Award Number 05-79-06185, Contract No. 1086, and receive and file a two-year maintenance bond and the EDA Final Acceptance Report. 22. Motion to approve Change Order No. 1 with D.W. Zinser Co., Inc., of Walford, Iowa, for a net decrease of $108,656.46, in conjunction with changes to demolition scope of work for Page 4 of 529 properties located at 100 E. 9th Street and 114 E. 10th Street under Contract No. D-2024- 10-04P, and authorizing the Mayor to execute said document. 23. Motion to approve Change Order No. 1 with D.W. Zinser Co., Inc., of Walford, Iowa, in an amount not to exceed $45,360.00, to load, haul, and dispose of identified asbestos material in conjunction with properties located at 2127 E. 4th Street (Saint Mary's Church and School) and 123 E. Parker Street (Saint Mary's Villa) under Contract No. D-2024-10-02P, and authorizing the Mayor to execute said document. 24. Resolution approving award of hotel/motel tax council discretionary funds to Main Street Waterloo in the amount of $15,000.00, for downtown beautification. 25. Resolution approving award of hotel/motel tax council discretionary funds to Waterloo Center for the Arts in the amount of $15,000.00, for the Chroma63 Festival Start Up Project. 26. Resolution approving award of hotel/motel tax council discretionary funds to Cedar Valley Arboretum and Botanic Gardens in the amount of $12,000.00, for the Cedar Valley Arboretum Tourism Project. 27. Motion to approve the appointment of Chris Pett from the current Civil Service List to the position of Plant Maintenance Mechanic Foreman in the Waste Management Services Department, effective February 4, 2025. 28. Communication from the Leisure Services Department on the notice of the conclusion of employment of Steve Schmitz, Park Maintenance II, effective December 31, 2024, with recommendation of approval of payout of $6,270.08 for unused benefits. 29. Communication from the Community Development Department on the notice of the conclusion of employment of Jon Martin, Housing Rehabilitation Specialist, effective January 3, 2025, with recommendation of approval of payout of $4,428.80 for unused benefits. 30. Communication from the Planning and Zoning Department on the notice of the conclusion of employment of Emily Seliga, Administrative Secretary, effective January 16, 2025, with recommendation of approval of payout of $4,078.25 for unused benefits. 31. Jim Burbridge, Board/Commission: Main Street, Expiration Date: December 31, 2025, [New]. 32. Beverly Smith, Board/Commission: Community Development, Expiration Date: February 3, 2028, [New]. 33. Airport Board minutes of December 18, 2024. 34. Motion to deny an application by King Star, 2035 E. Mitchell Avenue, for a Class B Retail Alcohol License. 35. Liquor Licenses a. The Comfort Zone, 213 E. 5th Street, Class C Retail Alcohol w/Sunday Sales (Renewal) Exp: 01/17/2026. b. Elite Cafe Bar, 1108 Jefferson Street, Class C Retail Alcohol w/Sunday Sales (Renewal) Page 5 of 529 Exp: 2/7/2026. c. Hy-Vee Food & Drug Store #3, 1422 Flammang Drive, Class E Retail Alcohol w/Sunday Sales (Renewal) Exp: 02/08/2026 d. HyVee Market Cafe #3, 1422 Flammang Drive, Class C Alcohol w/Sunday Sales (Renewal) Exp: 3/15/2026. e. ML Golf- Gates Park Golf Shop, 820 E. Donald Street, Class C Retail Alcohol w/Outdoor Service, and Sunday Sales (Renewal) Exp: 2/28/2026. f. ML Golf -Iry Warren Golf Course, 1000 Fletcher Avenue, Class C Retail Alcohol w/Outdoor Service, and Sunday Sales (Renewal) Exp: 2/28/2026. g. ML Golf -South Hills Golf Course, 1000 Fletcher Avenue, Class C Retail Alcohol w/Outdoor Service, and Sunday Sales (Renewal) Exp: 2/28/2026. h. Sac's Neighborhood Pub, 2000 Hawthorne Avenue, Class C Alcohol w/Sunday Sales (Renewal) Exp: 1/31/2026. i. Veterans of Foreign Wars Club Post 1623, 1406 Commercial, Class F Retail Alcohol w/Sunday Sales (Renewal) Exp: 1/14/2026. 36. Tobacco Permits a. SK Minimart, 306 Byron Avenue. 37. Tobacco Device Permits a. Greenleaf Tobacco & E-Cigs, 1503 E. San Marnan Avenue, Device Retailer License. b. Greenleaf Tobacco & Vape Shop, 1608 University Avenue, Device Retailer License. c. SK Minimart, 306 Byron Avenue, Device Retailer License. d. SK Minimart, 306 Byron Avenue, Retail Tobacco License. e. Broadway Liquor, 821 Broadway, Device Retailer License. PUBLIC HEARINGS 1. FYE 2025 Budget Amendment. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving FYE 2025 Budget Amendment. Submitted by: Bridgett Wood, Finance Director 2. Proposed funding recommendation set forth by the Housing Authority Board for the Five Year Capital Funds Action Plan for FY 2024-2028. 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 proposed funding recommendations for a Five -Year Capital Funds Action Plan for FY 2024-2028, as approved by the Housing Authority Board for maintenance and improvement of the existing housing complex at Ridgeway Towers. Submitted by: LeKeisha Veasley, Housing Authority Director 3. FY 2023 Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Project, Contract No. 1062. Motion to receive and file proof of publication of notice of public hearing. Page 6 of 529 HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read bids and refer to City Engineer for review. Submitted by: Wayne Castle, PLS, PE, Assistant City Engineer 4. Request by the City of Waterloo to vacate an eight -foot public utility easement along the east side of lots 1 and 2, and an eight -foot public utility easement along the west side of lots 5 and 6 of Woodland Knolls Addition, located at 227 S. Hackett Road north of the intersection of S. Hackett Road and Oakcrest Drive. 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, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file consider, and pass for the first time an ordinance approving a request to vacate an eight -foot public utility easement along the east side of lots 1 and 2, and the eight -foot public utility easement along the west side of Tots 5 and 6 of Woodland Knolls Addition, at 227 S. Hackett Road north of the intersection of S. Hackett Road and Oakcrest Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 5. Demolition and Site Clearance Services, Contract No. D-2025-01-03P. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read bids. Resolution approving the award of bid in part to D.W. Zinser Co., Inc, of Walford, Iowa, in the amount of $125,000.00, approving the contract, bond, and certificate of insurance, in conjunction with Demolition and Site Clearance Services, Contract No. D-2025-01-03P Part 1, for property located at 118 Sycamore Street (WDC-owned property, partial non-RACM demo and partial RACM demo), and authorizing the Mayor and City Clerk to execute said documents. Resolution approving the award of bid in part to Lehman Trucking & Excavating Inc., of Waterloo, Iowa, in the amount of $29,164.00, approving the contract, bond, and certificate of insurance, in conjunction with Demolition and Site Clearance Services, Contract No. D- 2025-01-03P Part 2, for properties located at 309 E. 2nd Street and 1103 Commercial Street, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 6. Demolition and Site Clearance Services, Contract No. D-2025-01-05P. Motion to receive and file proof of publication of notice of public hearing. Page 7 of 529 HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read bids. Resolution approving award of bid to Lehman Trucking & Excavating Inc., of Waterloo, Iowa, in the amount of $67,341.00, approving the contract, bond, and certificate of insurance, in conjunction with Demolition and Site Clearance Services, Contract No. D- 2025-01-05P, for properties located at 1335 Mulberry Street, 724 Lincoln Street, 418 Oak Avenue, 110 Chestnut Street, and 318 Bratnober Street, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director RESOLUTIONS 1. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $97,600.00, in conjunction with the Airfield Pavement Maintenance Management System Project, FAA AIP Grant No. 3-19-0094-0XX, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Steven Kjergaard, Director of Aviation 2. Resolution approving a Professional Services Agreement with Anderson -Bogert of Cedar Rapids, Iowa, in the amount of $17,760.00, in conjunction with engineering services for Traffic Signal Pole Standardization, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Mohammad Elahi, Traffic Operations Director 3. Resolution approving a Licensing Agreement with Iowa Northern Railway Company, an Iowa Corporation, in the amount of $1,500.00, in conjunction with the La Porte Road Improvements - Phase 2 Project, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 4. Resolution approving a Professional Services Agreement with Entrust, of Warrenville, Illinois, in the amount of $1,572,216.00, in conjunction with the FY 2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 5. Resolution approving a request by the City of Waterloo for the corrective Final Plat of North Crossing Fourth Addition and a First Amendment to the Owner's Statement and Deed of Dedication, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 6. Resolution approving a Professional Services Agreement with AECOM Technical Services, in an amount not to exceed $25,000.00, to perform on -call general planning and engineering services for Federal Aviation Administration airspace and property releases, Page 8 of 529 project coordination and surveying and platting, adjacent to the Waterloo Regional Airport, located at 2790 Livingston Lane, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 7. Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, to perform demolition observation, asbestos consulting services, and air monitoring related to the demolition of the Saint Mary's Church and School site located at 2127 E. 4th Street and Saint Mary's Villa at 123 E. Parker Street, and authorizing the City Planner to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 9 of 529 January 21, 2025 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 Tuesday, January 21, 2025. Roll Call. Mayor Pro Tem Ray Feuss in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Mr. Simon and Mr. Feuss. Mr. Chiles, Ms. Wilder and Ms. Creighton -Smith were absent. Prayer or Moment of Silence. Pledge of Allegiance - Rob Nichols, At -Large Council Member. Approval of Agenda as proposed or amended. Nichols/Boesen that the agenda as proposed be approved. Voice vote -Ayes: Four. Motion carried. Approval of Minutes of the January 6, 2025, Regular Council Session, as proposed or amended. Nichols/Boesen that the minutes of the January 6, 2025, Regular Session, as proposed be approved. Voice vote -Ayes: Four. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Mary Potter, 1416 W. 4th Street Jamie Castle, Black Hawk Community Playhouse Board of Directors Jeanie Miller, Main Street Waterloo Board Member Forrest Dillavou, 1725 Huntington Road Randy Bennett, Public Works Division Manager, encouraged residents to register for the new App that will give updates and notifications when there is a schedule change. If residents don't have access to technology, they can call the public works office and staff can print out a calendar and mail it to them. Mr. Boesen commented that you don't have to have a computer to register with the App because they'll call you on your phone with any changes. He shared that he and Mr. Chiles will hold their combined ward meetings at Sidecar Coffee at noon on last Saturday of the month. Mr. Simon commented that he would like to know who is paying for the Waterloo Wins magazine. He shared that at the next meeting he will be announcing dates and locations to "Sit down with Simon" where residents can ask questions about anything city related. Page 1 of 9 Page 10 of 529 Nichols/Boesen to close public comments. Voice vote -Ayes: Four. Motion carried. CONSENT AGENDA Nichols/Boesen that the following items on the consent agenda be received and placed on file, including the payment of bills for January 13, 2025, in the amount of $7,366,470.33, and January 21, 2025, in the amount of $3,328,378.50, be received and placed on file. Roll Call vote -Ayes: Four. 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: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-028. Resolution setting date of public hearing as February 3, 2025, for an amendment to the FYE 2025 Budget, and direct the City Clerk to publish notice. Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-029. Resolution resetting date of public hearincQas February 3, 2025, to review the proposed funding recommendation set forth by the Housing Authority Board for the Five Year Capital Funds Action Plan for FY 2024-2028, as proposed by the Housing Authority Department for maintenance of the existing housing complex at Ridgeway Towers, and instruct the City Clerk to publish said notice. Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-030. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as February 13, 2025, and date of public hearing as February 17, 2025, in conjunction with the FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well, Contract No. 1066, and instruct City Clerk to publish said notice. Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-031. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as February 13, 2025, and date of public hearing as March 3, 2025, in conjunction with the FY 2025 CIP Pipelining Phase V, Contract No. 1118, and instruct the City Clerk to publish said notice. Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-032. Resolution setting date of public hearing as February 3, 2025, for a request by the City of Waterloo to vacate an 8-foot public utility easement along the east side of Lots 1 and 2 and the 8-foot public utility easement along the west side of Lots 5 and 6 of Woodland Knolls Addition, north of the intersection of South Hackett Road and Oakcrest Drive, and instruct the City Clerk Page 2 of 9 Page 11 of 529 to publish notice. Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-033. Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing a 2022 Ford Explorer XLT 4x4 for the Police Department, Tri County Drug Task Force, in the amount of $35,762.44 from Enterprise Fleet Management. Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-034. Motion to approve Final Quantity Summary with WRH, Inc., of Amana, Iowa, for a net increase of $51,563.04, in conjunction with the FY 2023 Sanitary Sewer Gatewell Repairs Phase II, Contract No. 1071, and authorizing the Mayor to execute said document. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by WRH, Inc., of Amana, Iowa, in the amount of $3,688,883.04, in conjunction with the FY 2023 Sanitary Sewer Gatewell Repairs Phase II, Contract No. 1071, and receive and file a two-year maintenance bond. Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-035. Motion to approve Final Quantity Summary with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net decrease of $436.24, in conjunction with the FY 2024 Crossroads Blvd. Median Improvement, Contract No. 1089, and authorizing the Mayor to execute said document. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $67,927.76, in conjunction with the FY 2024 Crossroads Blvd. Median Improvement, Contract No. 1089, and receive and file a two-year maintenance bond. Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-036. Motion to approve Change Order No. 1 with Peters Construction, of Waterloo, Iowa, for a net increase of $27,048.92, in conjunction with IDOT CAIF Grant, Contract No. 4232, and authorizing the Director of Aviation to execute said document. Motion approving Change Order No. 6 with WRH, Inc., of South Amana, Iowa, for a net increase of $ 10,527.01, in conjunction with Titus Lift Station and Force Main, Contract No. 975, and authorizing the Mayor and City Clerk to execute said document. Resolution approving the submission of a grant application to Firehouse Subs in the amount of $36,000.00, for Fire & EMS Equipment. Page 3 of 9 Page 12 of 529 Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-037. Motion to receive and place on file the City of Waterloo the Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2024. Motion to approve an Agreement with the Transportation Security Clearinghouse of Fairfax, Virginia, in the amount of $12,000.00 per year for AirBadge Services, plus up to $27.00 per Criminal History Record Check as needed, for an integrated software service to complete background checks on all Airport employees, tenants, and others needing access to the Airport, and authorizing the Director of Aviation to execute said document. Motion to approve an Air Service Consulting Agreement with Volaire Aviation, Inc., of Fishers, Indiana, as adopted by the Airport Board on December 21, 2023. Motion to approve Change Order No. 17 with Entrust Solutions Group (Magellan), of Denver, Colorado, in the amount of $103,666.98, in conjunction with the FY 2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor and City Clerk to execute said document. Motion to approve Change Order No. 2 with Peters Construction Corporation, of Waterloo, Iowa, for a net increase of $53,951.00, in conjunction with the Commercial Parking Ramp, Atrium, and Skywalk Update Commercial Street Parking Ramp, and authorizing the Mayor and City Clerk to execute said document. Motion to approve the appointment of Michael Kofta from the current Civil Service List to the position of Golf Maintenance II in the Leisure Services Department, effective February 3, 2025. Thomas Wall, Board/Commission: Waterloo Water Works, Expiration Date: January 21, 2031 fNew Full]. Cody Leistikow, Board/Commission: Planning, Programming & Zoning Commission, Expiration Date: January 21, 2028 [New]. JB Bolger, Board/Commission: Complete Street, Expiration Date: N/A [New]. Page 4 of 9 Page 13 of 529 Liquor Licenses a. The Broken Record, 315 W. 4th Street, Class C Retail w/Outdoor Service and Sunday Sales (Renewal) Exp: 01/21/2026. b. The Cedar Corner, 4335 Texas Street, Class E Retail w/Sunday Sales (New) Exp: 12/15/2025. c. Golf Headquarters, 1850 W. Ridgeway Avenue, Special Class C Retail Alcohol w/ Sunday Sales (Renewal) Exp: 02/05/2026. d. Grout Museum, Inc., DBA Snowden House, 306 Washington Street, Special Class C Retail Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 12/14/2025. e. La Cava, 126 E. Ridgeway Avenue, Class C Retail Alcohol w/Sunday Sales (New) Exp: 01/31/2026. f. New Star Fletcher, 315 Fletcher, Avenue, Class E Retail Alcohol w/Sunday Sales (Renewal) Exp: 01/31/2026. g. Newton's Paradise Cafe, 128 E. 4th Street, Class C Retail w/Outdoor Service and Sunday Sales (Renewal) Exp: 01/31/2026. h. Pryme Tyme, LLC, 626 Sycamore St., Class C Retail w/Sunday Sales (New) Exp: 11/30/2025. i. Waterloo BlackHawk's Hockey, 125 Commercial Street, Class C Retail Alcohol w/Sunday Sales (Renewal) Exp: 12/15/2025. Tobacco Permits a. Prime Mart, 508 Broadway Street. b. Prime Mart 7, 1309 Lafayette Street. c. Jim's Foods, 437 Sullivan Avenue. d. Prime Mart, 3535 Marigold Drive. e. Logan Convenience Store, 735 Logan Avenue. f. West 5th Liquor, 919 W. 5th Street. g. Green Leaf Tobacco and Vape, 2313 Logan Avenue h. R Smokes Plus, 3821 University Avenue. i. R Smoke Plus, 3620 Kimball Avenue. RESOLUTIONS Resolution approving a request by Robson Homes Inc. for the Final Plat of Prairie Meadow Estates First Addition, a 49-lot residential subdivision in the "R-3" Multiple Residence District located east of Omaha Avenue. Boesen/Nichols Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-038. Resolution approving a Professional Services Agreement with Terracon Consultants, Inc, of Cedar Falls, Iowa, to perform backfillinq observation and soil compaction testing related to the demolition and backfilling of the Saint Mary's Church and School site located at 2127 E. 4th Street and Saint Mary's Villa at 123 E. Parker Street, and authorizing the City Planner to execute said document. Page 5 of 9 Page 14 of 529 Boesen/N ichols Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-039. David Dreyer 3145 W. 4th Street, questioned the amount of the agreement. Noel Anderson, Community Planning and Development Director, explained he does not have the agreement with him, but that it is an amount not to exceed based on hourly billing. He commented that he would email that to Mr. Dreyer. Mr. Simon questioned if these additional services have anything to do with the asbestos that was found. Noel Anderson commented that it is not and that it has to do with the demolition portion of the project and making sure the soil compaction. Resolution approving a Temporary Construction Easement Agreement in the amount of $6,500.00 with The Eleventh and Sycamore Condo Association, in conjunction with the 11th Street Bridge Reconstruction Project, located at 110-120 E. 11th Street, and authorizing the Mayor and City Clerk to execute said document. Boesen/N ichols Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-040. David Dreyer, 3145 W. 4th Street, questioned what the temporary construction easement is for. Jamie Knutson, City Engineer, provided an overview of the project, Mr. Boesen provided additional clarification. Resolution approving Assignment of Real Estate Purchase Agreement from Galactic Development Corp. to Galactic Holdings, LLC, related to the purchase of land related to the Sunnyside Creek Drainage Improvements Project, located at the southeast corner of Van Miller Way and W. 4th Street. Nichols/Boesen Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-041. Resolution approving a Temporary Construction Easement Agreement with Galactic Holdings, LLC, in conjunction with the Sunnyside Creek Drainage Improvements Project, located at the southeast corner of Van Miller Way and W. 4th Street, and authorizing the Mayor and City Clerk to execute said document. Nichols/Boesen Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-042. Resolution approving a Neighborhood Access and Equity grant agreement in the amount of $750,000.00 with the United States Department of Transportation in relation to the Canadian Page 6 of 9 Page 15 of 529 National Railyard Relocation Study, located at 1006 E. 4th Street, and authorize the Mayor and City Clerk to execute said document. Nichols/Boesen Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-043. David Dreyer, 3145 W. 4th Street, questioned why we would relocate the railyard. Noel Anderson, Community Planning and Development Director, explained this will better accommodate pedestrian and traffic flow and noted that funding is provided by a Federal grant. Mr. Boesen commented that train accidents involving pedestrians are horrific and he supports the using the Federal grant funds for this relocation study to improve the quality of life in the E. 4th Street corridor. Resolution authorizing sponsorship of the High Quality Jobs Application with the Iowa Economic Development Authority, for International Paper Company, for the addition of up to 90 jobs associated with their new business at 3230 Leversee Road, and authorizing the Community Planning and Development Director to execute said application. Boesen/Nichols Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-044. Forrest Dillavou, 1725 Huntington Road, stated that he questions the representation of the number of jobs because the application says up to ninety new jobs. Noel Anderson, Community Planning and Development Director, explained he is confident it is ninety jobs. Resolution approving a professional services agreement with AECOM Technical Services in an amount not to exceed $33,700.00 to perform structural inspection and recommendations for improvements and repairs to the West 5th Street and Commercial Street parking ramps, and authorize the Mayor to execute said agreement. Boesen/Nichols Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-045. Resolution approving a professional services agreement with INVISION Architecture, LLC in the amount of $420,000.00 to perform architectural services, along with mechanical/electrical/plumbing and technology design for the renovation of 100 East 4th Street for the relocation of city hall, and authorizing the Mayor to execute said agreement. Boesen/Nichols Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-046. Mr. Boesen questioned if the Courier building has an existing generator. Noel Anderson, Community Planning and Development Director, commented that he is unsure Page 7 of 9 Page 16 of 529 at this time, but if not, we will get one. Mr. Simon questioned if this was bid out. Noel Anderson explained that it is a professional services agreement and not a bid project. Resolution approving Supplemental Agreement No. 2, in the amount of $8,420.00, with Entrust Solutions Group (Magellan), of Denver, Colorado, in conjunction with the FY 2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor and City Clerk to execute said document. Nichols/Boesen Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-047. Mr. Simon commented that we have spent a lot of money on the fiber project and continue to have add-ons and supplemental agreements. Jamie Knutson, City Engineer, explained that because fiber needs to cross our levee system, the Corp of Engineers has very specific requirements that need to met and this company was not aware of those requirements. These funds will be used to prepare the applications, make the plans and submit everything so the work can be done so they can cross the levee. Randy Bennett, Public Works Division Manager, provided additional information on the project. Resolution approving a Professional Services Agreement with Eocene Environmental Group, of Johnston, Iowa, in the amount of $39,920.00, in conjunction with Project Blackout, and authorizing the Mayor and City Clerk to execute said document. Nichols/Boesen Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-048. David Dreyer, 3145 W. 4th Street, questioned what is Project Blackout. Noel Anderson, Community Planning and Development Director, explained that Project Blackout is a code name. Resolution appointing UMB BANK, N.A. of West Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the agreement, and authorizing the Mayor and City Clerk to execute said documents. Nichols/Boesen Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-049. Resolution authorizing and providing for the issuance of $3,560,000.00 General Obligation Urban Renewal Bonds, Series 2025A, and levying a tax to pay said bonds; approval of the Tax Exemption Certificate and Continuing Disclosure Certificate, and authorizing the Mayor and City Clerk to execute said documents. Page 8 of 9 Page 17 of 529 Boesen/N ichols Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-050. Resolution appointing UMB BANK, N.A. OF West Des Moines, Iowa, to service as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement, and authorizing the Mayor and City Clerk to execute said document. Boesen/N ichols Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-051. Resolution authorizing and providing for the issuance of $28,590,000.00 Taxable General Obligation Urban Renewal Bonds, Series 2025B, and levying a tax to pay said bonds; approval of the Continuing Disclosure Certificate, and authorizing the Mayor and City Clerk to execute said document. Boesen/N ichols Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-052. ADJOURNMENT Nichols/Simon that the council adjourn at 6:08 p.m. Voice vote -Ayes: Four. Motion carried. Nancy Higby Deputy City Clerk Page 9 of 9 Page 18 of 529 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving the request by Dennis Holbach Sr., for tax exemptions on the construction of new windows, entry doors, kitchen, bath remodel, flooring, fixtures, cabinets, and vinyl siding valued at $59,500.00, for property located at 642 Boston Avenue and located in the Consolidated Urban Revitalization Area (CURA). 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 commercial property under the Consolidated Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.8: Continue efforts to foster new investments and development in City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION North Waterloo Place Lot 4 Blk 7 Page 19 of 529 ATTACHMENTS 1. 642 Boston Ave CURA Form 2. 642 Boston Ave CURA Map Page 20 of 529 taz /sf- 5&'r ed p. 0. go x s33 Sa�y3 For Office Use Only Date Received: 16 (7,01-C Received by: Staff to make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: I. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the l 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. Commercial properties must have a development agreement with the City that includes a minimum assessment agreement. Please fill out the following information for your application to be submitted t ity Cou NAME: P 1144 i 5' 01 Ct 4 S/{ SIGNATURE: ADDRESS:,Y EMAIL: TELEPHONE: 3/9- DATE: A. What is the Address of the property being improved? z,incry.: •cat / -/7',?.5' 65%2 1gos evy What is the Legal Description of the property? (May be available at County Recorder's Office on 2' floor of the Courthouse)? nro,,Tti� £1L),4Te,?Lbo P 2.1 y $iK 7 B. Indicate desired exemption schedule: (1 or 2) 1. 0 One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. b. c. First Year 80% Second Year 70% Third Year60% d. Fourth Year------50% e. Fifth Year------40% f. Sixth Year-------40% g. Seventh Year----30% h. Eighth Year 30% i. Ninth Year20% j. Tenth Year20°% Note: Residentially assessed properties receiving the CURA tax abatement incentive will not receive tax abatement on school district taxes. Therefore, all residential properties[ will pay the school district portion of the property taxes effective July 1, 2024. CJ C. What was the nature f the impf ovement s i(At',w 1 �� 5 0rrd ..¢,4r� ��R S r c a /� A n� p � 4.4t,J g t-ram vt> d c./� c�cJ 't /xu/ .z 5 a.rd erF,$iN.zf� /1��✓ v'ay/ 5: i? i ?f!E (94,1 ,oCr 5- Y— u ticc,. t (" 3 yews J D. If this is not a single-family dwelling unit, which yofi own and reside in, will these improvements create a displacement of your tenants? Yes J( No E. What was the cost of the improvement? ,J /i,<-0( c1 ( Dzc� 2 r3 v / ?Cb C O251'U c — r s ;a1; n i4N� 3(:), ex a'`r> -2 u.e,�r -�I c.T Note: The improvements toyour home or business maynot change the assessed value. p 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. F. Estimated or actual date of completion of these improvements? DO NOT Write Below this line — Office Use Only caw., .o d G. City of Waterloo Building and Inspections Department Information: .�/ WZ�( �p00 Permit Number: +,J4 ('41-(7) Date permit was issued: t 0l2(/ L�( Total permit(s) valuation: t j 100 00 L I /`(/ 7.�25- (9i S-t�O CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 21 of 529 E DALE ST BOSTON AVE- BOSTON AVE E DALE ST 642 Boston Ave 04590 180 270 Feet Esri Community Maps Cont Esri, TomTom, Garmn, Sa EPA, NPS, US Censu NGA, NASA, CGIAR Rijkswaterstaat, GSA, s Bun NRc Geol ributors, Iowa DNR © OpenStreetMap, Microsoft, eGraph, GeoTechnologies, Inc, METI/NASA, USGS, au, USDA, USFWS, Sources: Esri, Airbus DS, USGS, binson, NCEAS, NLS, OS, NMA, Geodatasty—m— nd, FEMA, Intermap and the GIS user comr Panes 2. of ti7A 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving the request by Barb and Robbie Hadaway, for tax exemptions on the construction of a new single-family home valued at $547,000.00, for property located at 2050 Ashland Avenue and located in the Consolidated Urban Revitalization Area (CURA). 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 commercial property under the Consolidated Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.8: Continue efforts to foster new investments and development in City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 23 of 529 Part Lot 13 Cushman Heights Par A Plat of Survey #2023-11158 Desc as Fol Beg at NW Cor of Lot 13 Th N 89 Deg 09 Min 05 Sec E 318.95 Ft Th S 00 Deg 38 Min 55 Min E 250 Ft to S Line of N 250 Ft Lot 13 Th S 89 Deg 09 Min 05 Sec W 317.62 Ft Th N 00 Deg 57 Min ATTACHMENTS 1. 2050 Ashland Ave CURA Form 2. 2050 Ashland Ave CURA Map Page 24 of 529 m GHAOilddd KINO 3Sf1 DDIddO 2IOSS3SSV AINIIOD ?IM`dH )10171 QdAO2Iddd :ON NOIL[1'IOSd2I KINO '3Sf1 dxddO OO'RIdJYA1 dO A,LID 09s0) 0 Vf :aagwnN Ituuad :panssl stm Izwaad aluQ :uoiWnivn (s)1Iwaad lB;oi G. City of Waterloo Building and Inspections Department Information: AIuO as9 aaYJO — an!I s1q mom{ a4"M ION OQ 0 0 '� w xn� 0 [� 0- &n ten... p 5. n0 O 0 O 0 0 _rt - `° Ors `Cy '0 0111 coo ro 0 rD H -C 0 O ¢ < Ni 0 0 0 0 0 C 0 g g' 0 0 Cr; CD 0• 0 CD CD C' �y Alr v 0 0- w v • CD CD co' a O 11) 0 p bd Esluawanordwl asa 1,(s)}uawan0.1dwl 0 rt o 0 1-D 1-4 rn N y i CD 'Qo a 0 ,a CD • 0, d4 0 00 0- 00 a r a' o0 a. a. 0 o � 0 0. Npa 0 W 00 00 R. a � o � n —0 to0 uv „FA w cD Y O •� NZ CD x ip V s >4 +1 x o .a-h 0 R• µ 0 0- o,= A• 0 .,a O w x ' �p N <9 �0 4 -0, UC o, 0 —0 0 0 n G o 9- a• G vco o 0 0 O O ug Lrt ""-J�rt, 7Elk" �fo A 0 0 a 0 (t 53 0 A. What is the Address of the property being improved? °• U Please till out the following information for your application to be submitted to the City Council. P w N a' y �s• Q• 0 3 G' (I? 0 g p y -g Fra• ti a:E p 0w o o !., .I. 1?-11'' !-. °,-, 0 O Ei o. 13.0 o.f'•0 5 w op, a d 0 0o a a C7;i•- \ C .., . , . 9 o11' or14- N 5. 0 0 -.5 E En w o+'0 0 a C] C° 0, 5. , Z g. co r. 0 x - o o 0' a U ciL rn rn �' `` 0 0-. cao •aar• i H CD rt �. •0 a.• n o 0. w• co °1 (� z 9 o 5 5 b'P. a CD p O .b tb P • is � g- gFij— 0 ca. c ooy it ooxo 5 0�'� z0g , �b 0--.0 •. � � � rr o y r'(a s C(4 "1 Ill 4 '- C rn•rJ a bd a, a 0' a. 0 Gtl H.P7 UG pi p ci' y H 0- .P.9 'iy W p S' bj co a 5 a o P. o 52.gsua .4, to p [O o • rs "1 (p W 0 0 0 0 ., (3 r) 'Po go w E• 0 .11 e • 0 o 0 •o 0. b a. o 1-< is < R. 9 0- 0.11 CD ro rn w .0- UR '-‹ n R°0 i. ulu1}nA n c) n c i ° 0 0 0 x tri 0 z i1 0 0 Page 25 of 529 ASHLAND AVE 2050 Ashland Ave MIDLAND ST ASHLAND AVE MIDLAND ST- 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, 04590 180 270 Feet NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatasty Riij terstaat-GS/ Geoland-FEMMIA, Intermap and the GIS user comr Para 9 of ti?G 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving the request by Robert Roquet, for tax exemptions on the construction of a new single-family home valued at $132,050.00, for property located at 3157 Rocky Road and located in the Consolidated Urban Revitalization Area (CURA). 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 commercial property under the Consolidated Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.8: Continue efforts to foster new investments and development in City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION A part of the North One-half of the Northeast Quarter of Section No. Twenty-nine (29), in Township No. Eighty-nine (89) North, Range No. Twelve (12) West of the Fifth (5th) Principal Meridian, in Black Page 27 of 529 Hawk County, Iowa, described as follows, to -wit: Commencing at a point that is Three Hundred Thirty (330) feet South and Three Hundred Fifty-two (352) feet West of the Northeast Corner of the Northeast Quarter of said Section thence running South along a line that is parallel with the East line of said Section No. Twenty-nine (29) a distance of Six Hundred Sixty (660) feet, thence West along a line that is parallel with the North line of said Section a distance of One Hundred Twenty-eight (128) feet, thence North along a line that is parallel with the East line of said Section a distance of Six Hundred Sixty (660) feet thence East a distance of One Hundred Twenty-eight (128) feet to the point of beginning. ATTACHMENTS 1. 3157 Rocky Rd CURA Form 2. 3157 Rocky Rd CURA Map Page 28 of 529 00 ri X vs BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY :ON Norrn osaa xm o 9Sn'OI 30 OO'I2ia vm iO AZIO 1 d co :uoit nlsA (s)liuuad retos, G. City of Waterloo Building and Inspections Department Information: DO NOT Write Below this line — Office Use Only 0 0 � '11 5 0 tr1 nH , `' q ° 0- a0� 0 s 0 o ,.� 0 y� m 0 HI b P 5. o 0 o o a 0 o 0 U. @ j 0 0 J O G O 0 47 I �(s ? "t 0 d a.• @ .1 N P N w H. m o 0 @ K! O n •P_, En J H o e ps 0. / Y/ .- ps 0t. 0 1rtP. �� CD co CI. CD 0. P0a `zj 'CP 7 O C @ P., o- a td n X •J 0 col (I' 5' 0-0 2, 8F Fri ro CD 0 o 0- 00 E a. ut 0 0 q. g 0 vi Ow0. as v @ 6. 'CI 0 O @ 0 0 g. 0 TS n @ 00 _M 0 p i. 0 O 'c n 0 g iJ p dP N?-' ro Ps aA puooas ON 0 0 rn 00 0 w W O 0 0 '0 0 0 o a bd Indicate desired exemption schedule: (1 or 2) b b• 0 0 C @ .10 0 53 0 @ p tJ / O l 0 0 0 rsti 1 w ;1 ri tn cr N b a 00o°map�: 0 0 9'CD m@ . �. 0@ • w 0 pi. w 0 w '00 0 P.'a d `n. Cr o P'-r O~ o p 0 CC . a 6i.va o a. rn O 0 w O vi- o� �rriv o`er@ Wi t' •' -- r+ 0'dQ, a 5 o0 as @ O 0 @ O rn ki O 1 4 og. , O, 0 ct d kO p ., a Pix o P C@ 0 rn @ n a @ () @ O •�-r 0 p '� e m O P...@+ 'a[aG g ,-i Ni ., aa a '0@ w 8 o 0 O U -• . 'i7 0 @ Ci 0 a, f4 Er P, 0 0 ,-00 2w .- Co Co u-i CZ'o:0 ' Cp Oa En 2 go ern�}{. 40,� 'U 5 Y O NN 00 r-yCD O 5' O . 0 0 a :" @ 0 .-. CCDD 0 a�, o {gyp " o 0 o O 0 5-! 00 0 , ' w 0 p r 5, a -K, 0 '� -F CD g w @ w �xa �g 0 0 0 0- 0 0 a 0CD CD B 0' 0 a „s @ 0 d @ rf-N w 0 UQ `< n R0 rn E ows property tax exemptions on improvements to prope utrrnn pawooi Page 29 of 529 This deed is exempt accourding to Iowa Code Section 428.A.2(11) -A G.N- (?10 aQ Y cza¢ prom S 9`e' 2.b m ie b : • 1::- . , . . ,, 7( ! iv22 g'�°O ca w ::: 00 ?o o as °.E• 0 rn to ` a 1, o a _ iA.N p V) AI. _ z "" f.V 5 7" a. 3 CD O n A '-h 0`< w o [ Di 0 'cQ ©•g.-..to (1D Z=. Z9' 1 C? 5 °' x t* 7C o n rP ,,,c"'a=-tn=-z07o K co '� a� ur y w • c Z=too CA wo Cl- Oel?= to ' R. x g 72- o • 0uc Ill VI-.-Z -I ;-�cz.-i7 ::.,:,. : 5.),4") ..,r7. s „...t.". zrT 6,,t''' k.',.. rp--.< (4-1.1° E w^ . C Pi OCp � tot v1 .g Cr7'4 nv�� or 00 Ito o,0 ° o ro tea.<w c. w w o `� 0 CA 0. 0. t�n -i to 0 cidn �, - 7 -r� ` i a-gu 3.r no =' 7 p in 0 w to r: ca. Page 30 of 529 ANN ROCKY RD ,157 Rocky Rd 0 r` Co -7i 0 mar Esri Community Maps Contributors, Iowa DANR,,�� n,� nStreetMap, Microsoft, Esn, TomTom, Garmin, SafeGraph, GeoTechnologies Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS, Sources: Esri, Airbus DS, USGS, 04590 180 270 Feet N- A, fcASA, CGIXCR; N R`binson, iCE-AS, NLS, CS, NMA, Geodatasty Rijkswat1rstaat, GSA, Geoland, FEMA, Intermap and the GIS user com 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving the request by Amel Muhamedagic, for tax exemptions on the construction of a new single-family home valued at $500,000.00, for property located at 4865 Shelley Court 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 Nottingham Third Addition Lot 7 Page 32 of 529 ATTACHMENTS 1. 4865 Shelley Ct CLURA Form 2. 4865 Shelley Ct CLURA Map Page 33 of 529 For Office Use Only r Date Received: Of (0 2i0l_ Received by: Stafflo 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 lax 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 working day of Febniary 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. IPlease fill out the following information for your application to be submitted to the NAME: ADDRESS: 4-3OS G� TELEPHONE: 405� SIGNATURE: EMAIL: DATE: l — LS ity Council. A. What is the Address of the property being improved? /865 44C—f/ ( � What��at/is the Legal Descriptionofthe property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) irew- Ava 1 4m nav 4 r 7 B. Indicate desired exemption schedule: (1 or 2) 1. )( One Hundred Percent (I00%) 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 S0% 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 Yea Note: Residentially assessed properties receiving the CLURA tax abatement incentive wilt not receive tax abatement on school district taxes. Therefore, all residential properties will pay the school district portion of the property taxes effective July I, 2024. C. What vas the nature 9fthe im rovemen (s)? D. What was the cost of the new constniction? 6°/013`) E. Estimated or actual date of completion of this new construction? ?/2-b /z 244/ 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 Depamnent Information: Permit Numbec474. —,2,03 Date pennit was issued: oe Total permit(s) valuation: 3(4� Sd U I CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: I BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 34 of 529 04590 180 270 Feet Esri Commis Esri, TomTo EPA, NPS, NGA, NAS Rijkswaterst A, CGI ity Maps Contributors, Iowa DNR, © OpenStreetMap, Microsoft, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, US nsus Bureau, USDA, USFWS, Sources: Esri, Airbus DS, USGS, R, N Robinson, NCEAS, NLS, OS, NMA, Geodatasty " aat, GSA, eoland, FEMA, Intermap and the GIS user comrt \I 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new single-family home valued at $399,102.00, for property located at 1325 Partridge 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 N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Audubon Heights Seventh Addition Lot 31 Page 36 of 529 ATTACHMENTS 1. 1325 Partridge Ln CLURA Form 2. 1325 Partridge Ln CLURA Map Page 37 of 529 of war. { /A O re- )6 rvt'e% For Office Use Only Date Received: j j i, i f I: Received by: ti. Slat -lo 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'l-11I~ CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF TI[E CITY OF WATERLOO. 'Ile Cily Limits Urban Rcvitelizilion 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 Cily of Waterloo Community Planning & Development Department.) 2, Any such day care facilities must be registered with the Slate of Iowa for day care use. 3. This application must be filed with City prior to the I worhli!>; clay of February following the year when the improvements are completed to comply with the timeline of the State Code of [Own, Section 404.4 unnumbered paragraph 2. However, a single applicnlioe may be filed upon completion of nn entire project requiring more limn one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. d. Daycare facilities may need n development agreement with the City. Please contact the Waterloo Planting and Zoning Department for more infomtation. Please fill out the following information for yournpplicntion to be submitted to the City Council, r4MIE: i(0cyYi .In t•-k—tVV'{4r SIGNATURE: ADDRESS: in Or &Vt U� SE I -. EMAIL: tytlyy1{lilrtWCZVe S%t�'' vw(4n." pt TELEPHONE: 1 J' oil 7 V' 8G 2 DXFF: \ I 0 °1 A S A. What is the Address of the property being improved? ) 3 a 5 Pa vtvi d .( W\J What is the Legal Description of the property? (Mny be available at County Recorder's Office on 2"d floor of the Courthouse) 1 or 3 i Avet 09 An ti-C t.5 b 111^ abhor , b.. fn.. B. Indicatedesiredexernplion schedule: (l or 2) r. q One Hundred Percent (I00%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual vntue added by improvements according to the following schedule: n. First Year 80% b. Second Yenr 70% c. Third Year-------60% d. Fourth Year 50% c. Fifth Year40% f. Sixth Year40% g. Seventh Year----30% I. Eighth Year 30% i. Ninth Year- ----- ---20% j. Tenth Year-----•---20% 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 properly taxes effective !My I, 2024. C. What was the nature of the irnprovenrent(s)? S t+f‘Col c t: f t J KU& C Gtir1 S 61 D. What was the cost of the new construction? 171 J el " I t ! a 4 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 tills line — Office Use Only F. City of Waterloo Building and Inspections Department Information: Permit Number: `,✓4 Date permit was issued: 03 (I y! ZO Ls Total permit(s) valnntion: I CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK FIAWK COUNTYASSESSOR APPROVED DENIED DATED: T.J. Koenigsfetd Black Hawk County Assessor Page 38 of 529 ill • GO GO O4/ >N?NN4 + '9(ip�eONpR �<U 111P., Esri Co munit aps Contributors, Iowa DNR, © OpenStreetMap, Micrpsoft, Esri, omTom, Garmi , afeGraph, GeoTechn.logies, Inc, METI/NASA,�SGS, Cp EP , NPS, US Census Bure USDA, USFW•, Sources: Esri, Airbus DS, 1JSGS, GA, NASA, CGIAR, N Robinson, EAS,/ LS, OS, NMA, Geodatasty ijkswaterstaat, GSA, Geoland, FEMA, In /map and the GIS user comr • GOLDCREST CT PARTRIDGE LN 1325 Partridge Ln r 04590 180 270 QQ� Feet/ Para lc 10f 29 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new single-family home valued at $558,900.00, for property located at 1330 Partridge 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 N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Audubon Heights Seventh Addition Lot 1 Page 40 of 529 ATTACHMENTS 1. 1330 Partridge Ln CLURA Form 2. 1330 Partridge Ln CLURA Map Page 41 of 529 For Office Use Only ` Date Received: 1u ill Received by: -I Staff to snake a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW DWELLINGS AND DAYCARE CENTER IMPROVEMENTS IDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE C1TY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constnictcd residential dwellings and daycare centers, and any additions or major renovations for utilizing a residential home far children daycare center provided that they meet the following criteria: I. Be located tvitltin 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 tvilli the State of Iowa for day care use. 3. 'Ms application must be filed with City prior to the I" working day of February following the year when tite improvements arc completed 10 comply with the timeline of the Stale Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion ofan entire project requiring more Than one year to construct or complete, providing prior approval has been grunted by the City Council or County Board of Supervisors. 4. Daycare facilities may need n development agreement with the City. Please contact the Waterloo Planning and Zoning Department for more Information. Please fill cut the following information for your application to be submitted to the City Council. NAME: J VOeW I P1 /uj SIGNATURE: ADDRESS: -111. tYPvt SF TELEPHONE: ?j 101, al l •i b [c 2 EMAIL: DATE: t j 2-r9J 2 S A. What is the rfddnss oldie property being improved? \ 13 I What is the Legal Description of the property? {May be available at County Recorder's Office on 2' a floor of the Courthouse) L- I Av17tUV1 L +51.41 11'^' OrAttt h B. Indicate desired exemption schedule: (1 or 2) I. _YLOne Hundred Percent (100%) exemption for three years on the nctunl value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year---------130°/ b. Second Year 70% c. Third Year--------- i0% d. Fonrt11 Yenr 50% e. Fiflu Ycar--•40% f. Sixth Year 40% g. Seventh Ycnr----30% h. Eighth Year 30% i. Ninth Yenr 20% j. Tenth Year 20% Note: Residentially assessed properties receiving the CLURA tax abatement incentive will not receive tax abatement an school district taxes. Therefore, all residential properties will pay the school district portion of the property taxes effective July I, 2024. C. What was the nature oldie iutprovcmcnl(s)'i 0(X (� _ `� KA.W C, S'I'UL tkel D. What was the cost of the new construction? 5 $ ""i Lit/ E. Estimated or actual date of completion of this new construction? 101 3 I , ,P Note: City Council approval dots 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: '':'•�' (1 ; .,` Dntc permit was issued: 5/O' /7,0 i,t( Total permil(s)valuation: 7_ liI l' ) CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Kocnigsfeld Black Hawk County Assessor Page 42 of 529 PARTRIOGF 1 N GOLDCREST CT Esri Community aps Contributors, Iowa DNR, © OpenStreetMap, Microsoft, Esri, TomTom, G rmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Ce sus Bureau, USDA, USFWS, Sources: Esri, Airbus DS, USGS, NGA, NASA, C IAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatasty Rijkswaterstaat, cSA, Geoland, FEMA, Intermap and the GIS user comr Para 45 of �[9 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new single-family home valued at $541,500.00, for property located at 1570 Partridge 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 N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Audubon Heights Seventh Addition Lot 12 Page 44 of 529 ATTACHMENTS 1. 1570 Partridge Ln CLURA Form 2. 1570 Partridge Ln CLURA Map Page 45 of 529 For Office Use Only Date Received:'•! (I;— 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 CFI'Y OF WATERLOO. 'I1le City Limits Urban Revitalization Area (CLURA) allows property lax 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 Totaled within the CLURA boundaries (a snap of which cnn be obtained from the City of Waterloo Community Planning & Development Department) 2. Any such day care facilities most be registered with the Slate of Iowa for day care use. 3. This application must be filed with City prior to the 1" workingday 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 am entire project requiring more than one year to construct or complete, providing prior approval has been grunted by lho 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 till out the following information for your implication to be submitted to the City Council. NAME: `t/001MA'Lv 14VVW.h 3 SIGNATURE: ADDRESS: —1 t, lc-t- Aire Se ( Lk- EMAIL: TELEPHONE: ICI • a'/ a . /iCO 2 DATE: 11 ?A 1-S A. What is the Mindless of the property being improved? 1 c' 0 f (h/Vil i Gl Ll4 What is the Legal Description of the property? (May be available a1 County Recorder's Office on 2"a Floor of the Courthouse) 1[ A.ts cIlckil�ls.c ar e C icruW42"' ^ . B. Indicate desired exemption schedule: (1 or 2) 1. )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 Ycar-------- 80% b. Second Year----70% c. Third Year ---------GO% d. Fourth Year 50% e. Fifth Year 40% L Sixth Year-- ------ 40% g• h. j- Seventh Year -30% Eighth Ycar--------30% Ninth Year-------20% Tenth Year 20% Note; Residentially assessed properties receiving the CLURA tax abatement Incentive will not receive tax abatement on school district taxes. Therefore, all residential properties will lay the school district portion of the property faxes effective July 1, 2024. C. What was the nature of the improvenicnt(s)? G l tel D. What was the cost of the new construction? %S ' 1 i s J O 0 E. Estimated or actual date of completion of this new construction? 10i 3 0 2 LI 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 litre— Office Use Only F. City of Waterloo Building and Inspections Department information: Permit Number: V �� 2;* Dalo permit was issued: DS'II Cr (2O JJ Total permit(s) valuation: 7.--6 0, 9 74 CITYOF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: [BLACK HAWK COUNTYASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Cow-, Page 46 of 529 THRUSH DR PARTRIDGE LN PARTRIDGE LN SUNBIRD CT— 1570 Partridge Ln 04590 180 270 Feet Esri Community aps Contributors, Iowa DNR, © OpenStreetMap, Microsoft, Esri, TarrrTorrr rmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS, Sources: Esri, Airbus DS, USGS, NGA, NASA, CCIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatasty' Rijkswaterstaat, SA, Geoland, FEMA, Intermap and the GIS user comr a47ofr,?G 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new single-family home valued at $574,771.00, for property located at 1416 Partridge 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 N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Audubon Heights Seventh Addition Lot 6 Page 48 of 529 ATTACHMENTS 1. 1416 Partridge Ln CLURA Form 2. 1416 Partridge Ln CLURA Map Page 49 of 529 For Office Use Only Date Received: l Received by: •+~ Stalfto 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 Departtnent. ) 2. Any such day care facilities must be registered with the State of Iowa for day care use. 3. This application must be filed with City prior to the 1" working, day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. 4. Daycare facilities may need a development agreement with the City. Please contact the Waterloo Planning and Zoning Department for more information. Please fill out the following information for your application to be submitted to the City Council. NAME: ADDRESS: h ll SIGNATURE. .6(---4"..1*1 :7p1l�� �t'3+lit aSri (2.. EMAIL: �L.q 1,1 �/if•CIA4C.V @, S:e--d g ' TELEPHONE: 7 I• 17 f. T I1 DATE: I, +a'•1 a S A. What is the'lddress of the property being improved? Wl(L........._pa 1/• jC 4G Li/] What is the Legal Desci•lpllon of the property? (May be available at County Recorder's Office on 2"t floor ofthe Courthouse) L o { UPsveivbtvi t. tt 'v B. Indicate desired exemption schedule: (1 or 2) 1. 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. e. Fourth Year-------50% Fifth Year 40% Sixth Year--------40% g• h. Seventh Year-----30% Eighth Year- ----- —30% Ninth Year 20% Tenth Year--------20% Note: Residentially assessed properties receiving the CLURA tax abatement incentive will not receive tax abatement on school district taxes. Therefore, all residential properties will pay the school district portion of the property taxes effective July I, 2024. C. What was the nature oldie improventent(s)?� I At44 j 1-- vh 4 LID W) ((4 OW at IAA. D. What was the cost of the new construction? S/ i i + 1 1 r E. Estimated or actual date of completion of this new construction? i I Z11I 2 5 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: I1/4/.kC2,L(;i Date permit was issued; Total permit(s} valuation: 32-Cy ` 0 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 50 of 529 (;nl nr.RFRT rr J LLl CD C a a WOODSWALLOW LN 4590 180 270 Fee Esri Co Esri, To EPA, N NGA, Rijkswa 1416 Partridge Ln munity Maps Contributors, Iowa DNR, © OpenStreetMap, Microsoft, mTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, PS, US Census Bureau, USDA, USFWS, Sources: Esri, Airbus DS, USGS, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatasty terstaat, GSA, Geoland, FEMA, Intermap and the GIS user comr . \I Pane 51 of ��9 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new townhome unit valued at $355,000.00, for property located at 3357 Lincolnshire Road 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 Lincolnshire Addition Lot 17 Page 52 of 529 ATTACHMENTS 1. 3357 Lincolnshire Rd CLURA Form 2. 3357 Lincolnshire Rd CLURA Map Page 53 of 529 For Office Use Only Date Received: f ti f 1-0'zr 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 TIME CITY OF WATERLOO, The City Limits Urban Revitalization Area (CLURA) allows property lax 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 fallowing criteria: 1. tie located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning St Development Department,) 2. Any such day core facilities must be registered witlt the State of Iowa for day care use. 3. This application must be filed with City prio lollto L" working day of February following the year when the improvements are completed to comply with the timeline of the State Code of fawn, 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 lltc 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 iufomtation. I Please fill out the following information for your application to be submitted to the City Council, NAME: V4Y1 Ma es 1-k w.-w ADDREss: Hsi 1.(v Ifrv(. Sr CAR — TELEPHONE: 310 r Z11 .1 Old 'L SIGNATURE: Eli TAIL: DATE: av• yygan . LLt 1LS A. What is the Address of the property being improved? 3. S (, t. L 01<tn.S 1\ 1.1.1. V2—i1 IVital is Ilse Legal Description of the property? (May be available it County Recorder's Office on 2nd floor of the Courthouse) L0A- 11_ iA,v1«itr,slr1‘„i, Orika, &s B. Indicate desired exemption schedule: (1 or 2) 4. _0/IC Hundred Percent (I00%) exemption far three yetirs 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 SO% b. Second Year 70% c. Third Ycar---------60% d. Fourth Year $0% g. Seventh Year---30% c. Filth Year------•40% h. Eighth Year 30% L Sixth Year —40% i. Ninth Year 20% Tenth Year 20% Note: Residentially assessed properties receiving the CLURA tax abatement incentive will not receive lax abatement on school district taxes. Therefore, all residential properties will pay the school district portion of the property taxes effective July I, 2024, C. What was the nature of the iniproventont(s)? NAA) UN) k wah•h f Lwrtkcvv4 . D. What was the cost of the new construction? Sr; St 0 CO E. Estimated or actual date of completion of this new construction? t 1 31 1 a y Nose: City Council approval does riot goarantec tax exemptions. The application must be reviewed mid approved by the Black Hawk County Assessor's Office for criteria eligibility. DO NOT Write Below this Tine — Office Use Only F. City of Waterloo Building and Inspections Department Information: 7, i Permit Number:L`✓ LG t17 � Date permitivas issrned: 1 if; � � r i Total permit1,$) valuation: �'-7 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Kocnigsfcld Black Hawk County Assessor Page 54 of 529 04590 180 270 Feet N 3357 Lincolnshire Rd 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, Geodatasty Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user comr Page 5 of oz9 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new townhome unit valued at $334,500.00, for property located at 3355 Lincolnshire Road 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 Lincolnshire Addition Lot 18 Page 56 of 529 ATTACHMENTS 1. 3355 Lincolnshire Rd CLURA Form 2. 3355 Lincolnshire Rd CLURA Map Page 57 of 529 For Office Use Only Date Received: %r IOU" Received by: Stair to make a copy for applicant C1TY LIMITS URBAN REVITALIZATION 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 TI-IE 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 CLUILt boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. Any such day care facilities must he registered with the State of Iowa for day care use. 3. This application must be filed with City prior to the 1" working day of February following the year when the improvements are completed to comply with the timeline attic- 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 Deportment for more information. Please fill out the following information for your application to be submitted to the City Council. NAME: tl�� iYtet(,q ADDRESS: 411 0 Avt .SE I Uit. EA1AIL: atn �: V-( i6&Llr Sk l/5 tM1'��+�• ��� TELEPHONE: ;1 I ' � T1.1'b U 2 DATE.: Ir j L % 1 � A. What is the Address of the property being improved? 33 S S LAin ( 01 Intl aS hit. A What is the Legal Description oldie property? (May be available at County Recorder's Office on 2rd floor (Witte Courthouse) Ut i' 1$ UM" Lfik h Mtvt, 1Preld t tt tnv) SIGNATURE: B. Indicate desired exemption schedule: (1 or 2) 1. WOne 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 BO% b. Second Year70% c. Third Year------.60% d. Fourth Year 50% g. Seventh Year-----30°! e. Fifth Year— =10% h. Eighth Year------30% f. Sixth Year--- 40% 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 attic property taxes effective July I, 2024, C. What was the nature oldie improvcment(s)? D.What was the cost of the new construction? E. Estimated or actual date of completion of this new construction? 7r I3' I i H Note: City Council approval does not guarantee tax exemptions. The application must be reviewed end approved by the Black Hawk County Assessor's Office for criteria eligibility. DO NOT Write Below this litre— Office Use Only F. City of Waterloo Building and Inspections Department Information: Permit Number: (AJ4 ZC' Date permit was issued: 01 f O(2,`)Lti. Total permit(s) valuation: k I CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: [BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 58 of 529 04590 180 270 Feet 3355 Lincolnshire Rd 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, Geodatasty Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user comra. N Page 5c of oz9 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new townhome unit valued at $349,999.00, for property located at 3347 Lincolnshire Road 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 Lincolnshire Addition Lot 19 Page 60 of 529 ATTACHMENTS 1. 3347 Lincolnshire Rd CLURA Form 2. 3347 Lincolnshire Rd CLURA Map Page 61 of 529 For Office Use Only Date Received: 1i Received by: Slalflo 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 LIivIITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF TIME Cl7'Y 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 neap of which can be obtained from the City of Waterloo Community Planning �C Development Department) 2. Any such day care facilities must be registered with the State of lows for day care use. 3. This application must be filed with City prior to the 1" working day of February following the year when the improvements are completed to comply with the timeline attic State Code ()flown, Section 404.4 unnumbered paragraph 2. However, a single application may be fled upon completion of an entire project requiring more than one year io construct or complete, providing prior approval Iias been bRanlcrl by the City Council or County Board of Supervisors. !. 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. NMIE: e) nu vs livivuu ADDRESS: ti 1l L 1Prvt St 1 GIP- E41ML: Mil Av1 VGr`C4t V S k r1S VA13- 1 • «`"'` TELEPHONE: 3toN. a 11.' gUZ DATE: L 1.( I A- A. What is the Address of the property being improved? 3 3 L.j 1 Li, n 1 dl 10Kh. b 1 -• it -id Whal is the Legal Description of the property? (May be available at County Recorder's Office on 2'a floor of the Courthouse) SIGNATU L + 1 °1 1.An CUkto$hivt. 14-A4 + #1 Inn B. Indicate desired exemption schedule: (1 or 2) I. \40ne Hundred Percent ([00%} exemption for duce 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— ----- --g0% b. Second Year 70% c. Third Year 60% d. Fourth Year 30% e. Fifth Ycar----- d0% 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 nature of the improvcrocut(s)? V 1 [�- 1� D. What was die cost of the new construction? 3 3401 E. Estimated or actual date of completion of this new construction? Ia.-IL; % a Li 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: 14]A `l1f31 j. Date permit was issued: 0f/(4r ?��`{ Total permit(s) valuation: 1J / )5() [-CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: I BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfcld Black Hawk County Assessor Page 62 of 529 04590 180 270 Feet N 3347 Lincolnshire Rd 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, Geodatasty Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user comra. Page 6 of oz9 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving the request by Skogman Homes, for tax exemptions on the construction of a new townhome unit valued at $324,999.00, for property located at 3345 Lincolnshire Road 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 Lincolnshire Addition Lot 20 Page 64 of 529 ATTACHMENTS 1. 3345 Lincolnshire Rd CLURA Form 2. 3345 Lincolnshire Rd CLURA Map Page 65 of 529 V ion nii%eV T+v o r Y17' For Office Use Only Date Received: 1. Received by: Stall' to male a copy roeopplkanr CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW DWELLINGS AND DAYCARE CENTER IMPROVEMENTS UNDER THE PROVISIONS OF THE CITY LIIr11TS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OP THE CITY OF WATERLOO. The City Limits Urban RevitalizationArca (CLIJRA) 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 tite CURIA bormdaries (a map of which con 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" 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. :1. Daycare facilities cony need a development agreement with the City. Please contact the Waterloo Planting and Zoning Department for more information. IPlease fill out the Following information for your application to be submitted to the City Council. NMUEi SVAtiplAith 1 SIGNATURE: ADDRESS: 117 it* flvt. 3 t L1L EMAIL: VtAusa.►,11,v4,frev to € th •'I . ciw-t TELEPHONE: 311 • .'11 • 7 ?Ai. 2 DAM+: t ! ZI 175 A. What is the .Jddressofthe property being improved? 23,3 LI S (AAA t rAv, Sh t l,L 12-Dl What is the Legal Descriptiorr of the property? (May be available at County Recorder's Office on 2'*t floor ofihc Courthouse) �,�'I' ci•S2 LA'n.1 Ins h I, i-- 1 ryv B. Indicate desired exemption schedule: (1 or 2) Z✓ One Hundred Purcell( (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 leer------00% d. Fourth Year 50% g. Seventh Year-----30% b. Second Year-----70% e. Fifth Year------4I0% h, Eighth Year 30% c. Third Year 60% f. Sixth Year--- ----- .10% i. Ninth Year-------20% I. 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 oftlre property taxes effective July 1, 202d. C. What was the nature of the intprovcment(s)? Vuw r11rwc11s�, h t44 t - D. What was the cost of the new construction? 06.-1 t E. Estimated or actual date of completion of this new construction? 1 Note: City Council approval does not guarantee tux exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. DO NOT Write Bcluw this line — Office Use Only F. City of Waterloo Building and Inspections Department information: Permit Number: W40 451ati Date permit was issued: O3(iPl/ Z2'Y Total permit(s) valuation: 071, CTliOF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 66 of 529 04590 180 270 Feet 3345 Lincolnshire Rd 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, Geodatasty Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user comrN. N Page 6 i of oz9 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving the request by Almir Mustedanagic, for tax exemptions on the construction of a new twin -home unit valued at $270,400.00, for property located at 4129 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 4129 Page 68 of 529 ATTACHMENTS 1. 4129 Omaha Ave CLURA Map 2. 4129 Omaha Ave CLURA Form Page 69 of 529 MOURNING DOVE DR GRINDSTONE CIR OMAHA AVE MOURNING DOVE DR GRINDSTONE CIR 4129 Omaha Ave •10111 Esri Community Maps Contributors, Iowa DNR, © OpenStreetMap, Microsoft, Esri, TomTpm, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, gSGS, E��a2S1L1S�ensus Burea®in, f�Cw �iii�r�4�r€gin rC�Ur3 mism,,,,„m i 11011/��Pl msoEAS, NLS, OS, NMA, Geodatasty Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user comr 004590 180 270 Feet Page 7C of oz9 For Office Use Only �,�S Date Received: Z7 ,61 Received by: Staff to make a copy or 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 Conununity Planning & Development Department.) 2. My such day care facilities must be registered with the State of Iowa for day care use. 3. This application must be filed with City prior to the 1" working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. 4. Daycare facilities may need a development agreement with the City. Please contact the Waterloo Planning and Zoning Department for more information. Please fill out the following information for your application to be submitted to the City Council. NAME: l kml� W ckuut iC ADDRESS: 41 1-1 ( 0M iV l �S T TELEPHONE: i - G.) 69 -1-I LJ7 A. What is the Address of the property being improved? SIGNATURE: EMAIL: DATE: kI 211 -025 f{ -' 0 ivi4-1/14 6( iv e VU 001 What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse) V-a:i tri e M odovV CO k1C omi n it./1/0 00 it B. Indicate desired exemption schedule: (I or 2) 1. ® 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% c, Third Year 60% d. e. f. Fourth Year 50% Fifth Year 40% 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 nature of the im ovement(s)? IN) eW ill. ! D. What was the cost of the new construction? E. Estimated or actual date of completion of this new construction? I I) 2_ I 202 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: r� / u Permit Number: 0'O (07 i 3 Date permit was issued: ( . !Pi f �i l Total permit(s) valuation: lOQ(( ) 0 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: 1 )- DENIED T.J. Koenigsfeld Black Hawk County Assessor Page 71 of 529 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving the request by Joshua and Dawn Randall, for tax exemptions on the construction of a new single-family home valued at $568,212.00, for property located at 131 Sunbird Court 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 Heights Seventh Addition Lot 19 Page 72 of 529 ATTACHMENTS 1. 131 Sunbird Ct CLURA Form 2. 131 Sunbird Ct CLURA Map Page 73 of 529 For Office Use Only Dale Received: i 1.3/1/0 Received by: Staff to make a copy for applicant CITY LIlvHTS 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 TITE CITY OF WATERLOO. The City Limits Urban Revitalization Arca (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 Slate of town for day care use. 3. This application mast be filed with City prior to the I" working day of February following the year when the improvements are completed to comply with the timeline of the State Code of town, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion ofnn 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 infomation. Please fill out the following information for your application to be submitted to the City CywQtcil. NAME: ( USVIVA DM4Jt\ 11141.14ASIGNATURE: ADDRESS: 1 1 SVv,bwl % EMAIL: ru*4k,', �m7►10G�S Ivw,vl . TELEPHONE: 17 3 " 1/SS • S l S DATE: A. What is the Address ofilm property being improved? q22- 12-5 131 SvrbsI- l C1- What is the Legal Description of the property? (May be available at County Recorder's Office on 2'4 Roar of the Courthouse) �- to Ids 4-rin 4,4d'ft p a B. Indicate desired exemption schedule: (I or 2) 1. One Hundred percent (I00%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the acmol 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 g. Seventh Year----30% h. Eighth Year 30% i. Ninth Year--------•20% j. Tenth Year--------20% Note: Residentially assessed properties receiving the CLURA lax abatement incentive will not receive tax abatement on school distriel taxes. Therefore, all residential properties will pay the school district portion of the properly taxes effective July 1, 2024. C. What was the nature atilt improvement(s)? C I �r"- ` L D. What was the cost of the new construction? are, V EJ t L. % 2 E. Estimated or actual date of completion of this now construction? 1 1 204 9S Note: City Council approval does not guarantee In' exemptions. The application must be reviewed and approved by the'Bfack Hawk County Assessor's Office for criteria eligibility. D0 NOT Write Betuw this line — Office Use Only F. City of Waterloo Building and Inspections Department Information: /+ Permit Number: W4 ('L 4 Date permit was issued: 0{fl !IQ(Z4ty Total permit(s) valuation: 1,11-41 / O{- CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: DENIED T.7. Koenigsfeld Black Hawk County Assessor Page 74 of 529 Esri Community Mapssontributors, Iowa DNR, OpenStreetMap, Microsoft, Esri, TomTom, Garn7in, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Cen/us Bureau, USDA, USFWS, S urces: Esri, Airbus DS, USGS NGA, NASA, C IAR, N Robinson, NCEAS, NL OS, NMA, Geodatasty waterstaat GSA, Geoland, FEMA, Interma and the GIS user com Para 7 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving the request by Steven and Yvonne Smith, for tax exemptions on the construction of a new single-family home valued at $250,000.00, for property located at 2324 Maynard 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 Hickory Court Lot 15 Page 76 of 529 ATTACHMENTS 1. 2324 Maynard Ave CLURA Form 2. 2324 Maynard Ave CLURA Map Page 77 of 529 For Office `Use 7Only � Date Received: U (1! Zr 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 Slate of Iowa for day care use. 3. This application must be filed with City prior to the PI 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: �S�n d ftutC t]+M SIGNATURE: ADDRESS: 3G'1 Q 1Y�na<Cv Ave . EMAIL: TELEPHONE: 3 ICk d 3.1 2 �— yvv%\e- SVM,N\. rix-Y14-6 , cc.,{n-N DATE: 113 o `2S A. What is the Address of the property being improved? a 3 a 44 i\I\ayocitek A ‘k What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) kk.,,Li:,.,,ry e - LA- L B. Indicate desired exemption schedule: (t or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. X A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% b. Second Year 70% c. Third Year 60% d. Fourth Year 50% e. Fifth Year 40% f. Sixth Year -40% g. 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 nature of the improvements)? 1 Pt. Zen d"v�G��� \ D. What was the cost of the new construction? ).....1570l 000. QD 11 E. Estimated or actual date of completion of this new construction? tor' T • a v a 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 Inrnspections Department Information: / I1 Permit Number: 1_J !V Date permit was issued: 03 ! bS �DZ_+ Total pennit(s) valuation: 2z90 7V CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 78 of 529 NORRIS CT MAYNARD AVE 2324 Maynard Ave MAYNARD MAYNARD 04590 180 270 Feet AVE AVE G) m m MAYNARD AVE Esri Co munity Maps Contriutors, Iowa DN © OpenStreetMap, Microsoft, Esri, TmTom, Garmin, Safe raph, GeoTechn logies, Inc, METI/NASA, USGS, EPA, h{PS, US Census Burea USDA, USFWS, ources: Esri, Airbus D3 USGS, NGA, NASA, CGIAR, N Robi son, NCEAS, NL , OS, NMA, Geodatast, Rijkswaterstaat, GSA, Geolan , FEMA, Interma and the GIS user com 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 February 3, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as March 3, 2025, to approve an amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as February 14, 2025, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Staff is proposing an amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan to include an additional urban renewal project, the International Paper project, and to update related project expenses. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on February 14th. The hearing is getting set for March 3rd. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 80 of 529 ATTACHMENTS 1. East Unified UR plan 2025 project amendment International Pater 01-17-25 Page 81 of 529 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO EAST WATERLOO UNIFIED URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. Whereas on December 14, 2015, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 5323 and on December 7, 2015 adopted Resolution No. 2015-931, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Amended and Restated East Waterloo Unified Urban Renewal and Redevelopment Plan of the City of Waterloo, Iowa (the "Plan"), which includes the areas formerly designated as urban renewal areas under the Urban Renewal Plans for the Airport Area Development Plan Urban Renewal Area (the "Airport Plan Area"), as amended, and the Logan Avenue Urban Renewal and Redevelopment Plan Urban Renewal Area (the "Logan Plan Area"), as amended. B. The City desires to amend the Plan to include new urban renewal projects and to update related information in the Plan. AMENDMENT NOW THEREFORE, the East Waterloo Unified Urban Renewal and Redevelopment Plan is hereby further amended as follows: 1. Attachment D to the Plan is hereby stricken in its entirety, and the new Attachment D which is attached hereto is substituted in its place so that the Plan shows current information about project budgets. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment H (notice of consultation) Attachment I (resolution adopting this amendment) Attachment K (published notice of public hearing) Page 82 of 529 3. Except as modified by this amendment, the Plan shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2025. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 83 of 529 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 15) 16) 17) 18) 19) 20) 21) 22) Project Proposals ATTACHMENT D East Waterloo Unified Project Amendment 2025 Proposed Budgets Previous Logan Plaza Center Project - the redevelopment and development of the Logan Plaza Center and the properties along US 63/Master Buildout Site/Virden Creek Improvements E 4`h Street Construction Storm Water Improvements Ralston Road Construction Sanitary Sewer Improvements Acquisition Rebates Total $10,000,000 $2,000,000 $400,000 $1,000,000 $600,000 $8,000,000 $2,000,000 $24,000,000 Chamberlain Project - the redevelopment of the Chamberlain Demolition $2,000,000 site after cleanup by the Chamberlain Corporation Site Improvements $6,000,000 Public Improvement $4,000,000 Total $12,000,000 Walnut Neighborhood - redevelopment of the area near the Acquisition $400,000 Walnut Court apartments Demolition $50,000 Streetscape Improvements $50,000 Total $500,000 Longfellow Neighborhood - redevelopment of the Longfellow Acquisition $40,000 school site Demolition/Fill $240,000 Streetscape Improvements $50,000 Total $330,000 Franklin Street Corridor - redevelopment of the Franklin Acquisition $1,800,000 Street corridor Demolition $200,000 Streetscape Improvements $800,000 Total $2,800,000 KWWL - renovation of the KWWL building Acquisition $700,000 Demolition $100,000 Rebates $600,000 Total $1,400,000 Broadway Street Corridor - redevelopment of the Broadway Acquisition $800,000 Street corridor Demolition $200,000 Streetscape Improvements $300,000 Total $1,300,000 Midport Sanitary Sewer - construction of sanitary sewer to allow development of the Midport Business Park $4,000,000 Midport Storm Sewer - construction of storm sewer to allow development of the Midport Business Park $2,000,000 Midport Street Construction - construction of streets to allow development of the Midport Business Park $3,000,000 Legal fees, consulting fees, and related expenses associated with administration and operation of the Urban Renewal Area $1,000,000 Waterloo Air & Rail Park Development/ Buildout Infastructure/Improvements $12,000,000 Total $12,000,000 First Co Storm Sewer Easement Land Value $110,000 Total $110,000 Airline Hwy Sewer Relocate (Koelker) $88,000 Total $88,000 Acquisition of Land (FAA Release) Acquisition of Land $23,000,000 Total $23,000,000 Demolitions Demolition $3,000,000 Total $3,000,000 Professional Lawn Care Land Land Value for Project on Wagner $125,000 Total $125,000 Koelker Airline Hwy Land (3180 W Airline Hwy) Land Value for project on Airline $187,500 Rebates $180,000 Total $367,500 Advanced Heat Treat Land Value $50,000 Rebates $26,000 Total $76,000 Truck Wash (Leversee Rd) Land Value $300,000 Total $300,000 Page 84 of 529 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) 34) 35) 36) 37) 38) 39) 40) 41) 42) 43) t Camp Run -a -Mutt (Airport Blvd) Land Value Rebates Total $140,800 $30,872 $171,672 A -Line ALO Airport Hangar Land Value $0 Rebates $485,000 Total $485,000 All in Grocers (Franklin St) Land Value $400,000 Rebates $460,000 Acquisitions/Demolition $590,000 Grant $500,000 Total $1,950,000 House of Hope Acquisition Land Acquisition $354,000 Total $354,000 Parking Lot Repair (corner of Pine and Walnut) Repair cost $150,000 Total $150,000 Osprey Hangar Land Value $0 Rebates $485,000 Infastructure $545,000 Total $1,030,000 CV Warehouse II (Geraldine Rd) Land Value $271,582 Rebates $93,560 Total $365,142 CV Warehouse III (Airline & Wagner) Land Value $300,000 Rebates $1,200,000 Total $1,500,000 Reese Properties (2661 Geraldine Rd) Grant $470,000 Rebates $60,000 Total $530,000 Con Agra III Land Value $2,000,000 Rebates $5,800,000 Total $7,800,000 Fed Ex (2320 W Airline Hwy) Land Value $250,000 Rebates $120,000 Total $370,000 National Guard Land Value $350,000 $0 Total $350,000 Standard Distribution Land Value $2,500,000 Rebates $376,000 Total $2,876,000 Criterion (3070 W Airline Hwy) Acquisition $550,000 Rebates $150,000 Total $700,000 JSA Development, 425 Franklin St Grant $85,000 Rebates $78,000 Total $163,000 Gates Park Redevelopment Construction/Engineering Non City Funds $8,000,000 Storm Water Funds $350,000 Sewer Funds $45,000 Bonds $700,000 TIF Funds $2,600,000 Total $11,695,000 Hickory House, 315 Park Rd Grant $183,276 Rebates $36,000 Total $219,276 CPM, 4050 Leversee Rd (Zydeco Investments LLC) Grant $1,900,000 Rebates $1,800,000 Total $3,700,000 RNK (3210 W Airline Hwy) Land Value $187,500 Rebates $180,000 Total $367,500 Fiber EDA Match Infastructure $241,000 Total $241,000 Midport Water Main Extention Infastructure $550,000 Total $550,000 Page 85 of 529 44) 45) 46) 47) 48) 49) 50) 51) 52) 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) Image Pointe (2975 Airline Cr) Acquisition Platting Construction Total $150,000 $100,000 $400,000 $650,000 Superior Properties (3111 W Airline Hwy) Land Value $41,000 Rebates $125,000 Total $166,000 Airline Storage (3318 W Airline Hwy) Land Value $83,000 Rebates $50,000 Total $133,000 Fischels Wagner Rd Phase II Land Value $2,000,000 Grant $10,000 Rebates $120,000 Total $2,130,000 Cedar River Renisance (203 Laffayete St) Grant $60,000 Rebates $66,000 Total $126,000 Irish Fest (425 Franklin St) Grant $85,000 Rebates $90,000 Total $175,000 WBM (28411-2813 Geraldine Rd) Grant $250,000 Rebates $200,000 Total $450,000 International Paper, 3230 Leversee Road Land Value $2,800,000 Rebates $9,780,000 Infrastructure $5,000,000 Total $17,580,000 Land Value $0 Rebates $0 Total $0 Sub Total $148,374,090 Tax Rebate Projects Advanced Heat II $17,500 ConAgra II $4,500,000 Empire Enterprises $5,200 Huff $6,150 Lafarge $170,000 Schwickerath $8,000 Tournier $18,832 Howard Allen $77,780 CPM Roskamp, 2975 Airline Cr $37,500 Cedar Valley Warehouse $101,860 Hydrite Chemical $220,000 M&R Iowa $64,207 PDCM $100,000 Koelker Properties (2915 Geraldine Rd) $90,000 MMC (2933 Geraldine Rd) $90,000 Airline Storage, 3318 W Airline Hwy $80,000 Superior Properties (SW corner Geraldine & Airline) $145,000 Top Notch, 180 Warp Dr _ $36,000 Camanzind, 115 Warp Dr $97,000 Fischels 50K (1325 David St) $105,000 Fischels 9K (3900 Hyper Dr) $26,000 Fischels 50K II (130 Hyper Dr) _ $110,000 Magnum Trucking $280,000 WB(Martin) $198,000 Drew Reg, 2920 Janet Dr $26,000 Dierks (3169 W Airline Hwy) $50,000 Advanced Systems (2945 Airport Blvd) $33,000 Sub Total Tax Rebates $6,693,029 TOTAL $155,067,119 $0 $0 $0 $0 $130,794,090 $137,487,119 Page 86 of 529 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 February 3, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as February 17, 2025, for the sale and conveyance of City - owned property, lots 6 and 7 of block 16 of Downing Place, to EIC Enterprises, LLC, in the amount of $1.00, including approval of a Development Agreement for relocation of two homes. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo, Northeast Iowa Foodbank, and EIC Enterprises, LLC are partnering to allow for expansion at the Northeast Iowa Foodbank. This will include the relocation of two homes at 1633 and 1637 Lafayette Street to be moved onto two City owned lots on Chalmers Avenue, just south of Harman Avenue. This partnership will save two homes from demolition, provide two new infill homes on Chalmers Avenue, adding tax base, new housing options, and expansion at the existing Foodbank site. As a part of the 3-party Development Agreement, EIC Enterprises will build new foundation at the Chalmers sites and move the homes onto them, connecting all utilities, etc. The City of Waterloo will demolish the two older basements at the existing house sites and provide infill funds of $10,000 per home for the completion of the homes at the new locations. The Northeast Iowa Foodbank recently acquired the homes to allow for expansion and will be conveying them to EIC for the movement. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the neighborhood, as it would be expanding a business and relocating homes to a new location. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 87 of 529 Bonds and TIF ALTERNATIVE ACTION LEGAL DESCRIPTION Lots 6 and 7, Block 16, Downing Place, City of Waterloo, Iowa ATTACHMENTS 1. EIC DA for moving homes signed Page 88 of 529 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 , 2025, by and among EIC Enterprises, LLC (the "Company"), Northeast Iowa Food Bank, Inc. ("Food Bank"), 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 Rath Urban Renewal and Redevelopment Plan Area (the "Rath URA"), pursuant to the Rath Urban Renewal and Redevelopment Plan (the "Rath Plan"). The Food Bank Properties (defined below) are in the Rath URA. B. Also in furtherance of the objectives of the Urban Renewal Act, City is engaged in carrying out urban renewal project activities in an area known as the University Avenue Area Renewal and Redevelopment Plan Area (the "University URA"), pursuant to the University Avenue Area Urban Renewal and Redevelopment Plan (the "University Plan"), The Property (defined below) is in the University URA. C. Company is willing and able to finance and undertake renovation of structures to be moved to properties legally described on Exhibit "A' attached hereto (the "Property") located in the University URA, and to make related improvements. D. 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 Page 89 of 529 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: Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price") no later than March 31, 2025, subject to City's completion of activities described in Section 4. Conveyance shall be by quit claim deed, subject to: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. The Property is sold in its "AS IS" condition, and 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. If title is 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. Each of the Homes (defined in Section 3 below) shall be placed upon an existing separate tax parcel. After the Homes are moved onto the Property, Company shall renovate each Horne to a finished state for single-family residential purposes and make other improvements to the buildings and grounds, including but not limited to sidewalk and parking, and shall be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (renovation, construction and finishing as so described are referred to collectively as the "Improvements"). Company agrees that the Improve- ments shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. City may require that Company submit specific designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals: and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." 2 Page 90 of 529 3. The Homes. Food Bank is the owner of properties at 1633 and 1637 Lafayette Street, Waterloo (the "Food Bank Properties"), on which are located two homes (the "Homes"). As of the date on which Company commences work at the Food Bank Properties to move the Homes, the Homes shall be deemed the property of Company. From and after said date, Company shall assume all responsibility and liability related to said Homes, the work of Company and its agents on and about the Food Bank Properties, and the movement of the Homes. To memorialize the transfer of ownership of the Homes, Food Bank and Company may choose to execute a bill of sale or other written instrument. Food Bank agrees that Company shall have the Homes moved from the Food Bank Properties, subject to possible extension as provided in Section S.A. Food Bank and Company shall cooperate to give Company and its contractors access to the Homes to prepare them for removal, including but not limited to disconnection of utilities. Following removal of the Homes from the Food Bank Properties, City agrees to demolish the foundations, cement pads, sidewalks (except public sidewalks) and other improved features remaining on the Food Bank Properties, remove all debris, bring fill as needed, and level the sites to grade. City makes no warranties with respect to any such work. Company agrees to accept the Homes in their AS -IS condition, free from any representation or warranty by Food Bank or City as to the condition of the Homes or their suitability for any particular purpose. 4. City Assistance. In addition to completing the work to be done by City upon the Food Bank Properties, City agrees to make a $10,000.00 infill housing incentive grant to Company for each Home, payable within sixty (60) days after Company has Substantially Completed (defined in Section 5.A below) the Improvements. 5. Timeliness of Conveyance and Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to make 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. Company must obtain all necessary permits to move the Homes no later than June 1, 2025 (the "Moving Deadline") and must Substantially Complete the Improvements no later than October 31, 2025 (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means that 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 extension of the Moving Deadline by up to two (2) months and extension of the Completion Deadline by up to six (6) months. Any additional or longer time extensions will require consent of the City Council. 3 Page 91 of 529 B. Events triggering termination and/or reverter of title. If Company does not move the Homes by the Moving Deadline or Substantially Complete the Improvements by the Completion Deadline, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 17, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay''), then Company's performance requirements shall be tolled for a period of time equal to the period of Unavoidable Delay. If City terminates this Agreement as provided in Section 17, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property in addition to exercising any other available remedies. 6. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 5, then Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property conveyed back to City. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed or other documents required by this Section, and for such limited purpose Company does hereby irrevocably constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 7, No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to 4 Page 92 of 529 exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 8. Utilities. Company will be responsible for extending, at its own expense, water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 9. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees during construction of the Improvements to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like 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. C. During moving of the Homes and construction of the Improvements, 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 such activities. 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. 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. 5 Page 93 of 529 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 lowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 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. 12. Representations and Warranties of Food Bank, Food Bank hereby represents and warrants as follows: 6 Page 94 of 529 A. Food Bank 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 Food Bank. 13. Indemnification and Releases. A. Company hereby releases Food Bank, its officers, directors, employees, and agents (collectively, the "FB lndemnified Parties'') from, covenants and agrees that the FB Indemnified Parties shall not be liable for. and agrees to indemnify, defend and hold harmless the FB Indemnified Parties against, any loss or damage to property or any injury to or death of any person (1) occurring at or about the Food Bank Properties in connection with all activities of Company, its employees, contractors and agents, in any way relating to moving the Homes or readying the Homes to be moved, and (2) arising from any feature or condition of a Home. The FB 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 Food Bank Properties, 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 e FB Indemnified Party. B. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "City Indemnified Parties") from, covenants and agrees that the City Indemnified Parties shall not be liable for, and agrees to indemnify, defend and hold harmless the City Indemnified Parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's acquisition of the same or resulting from any defect in the Improvements. The City 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 a City Indemnified Party. C. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of an indemnified party, 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 or Food Bank 7 Page 95 of 529 to enforce Company's rights under this Agreement), or (2) the acquisition and condition of the Homes or the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property. D. The provisions of this Section shall survive the expiration or termination of this Agreement. 14, Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 15. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. Notwithstanding the foregoing, Company may mortgage the Property to a lender as security for financing of Project improvements, but for no other purpose 16, Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, any part of the Property, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property before the Improvements are Substantially Completed; 8 Page 96 of 529 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 () 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. 17. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing; the City may terminate this Agreement Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination as set forth in this Agreement. B, Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to r eguire it to specifically perform its obligations hereunder, or Company may terminate this Agreement. 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 9 Page 97 of 529 provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Default by Food Bank. Whenever any Event of Default in respect of Food Bank occurs and is continuing, Company may take such action against Food Bank to require it to specifically perform its obligations hereunder, or Company may terminate this Agreement. Before exercising such remedy, Company shall give 30 days' written notice to Food Bank 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 Food Bank shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. D. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 18. 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 terra 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. 19. 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. 20. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 10 Page 98 of 529 21. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703. facsimile number 31g-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 515 2nd Street, Evansdaie, Iowa 50707, Attention: Seth Engelbrecht. (c) if to Food Bank, at 1605 Lafayette Street, Waterloo, Iowa 50703, Attention: Executive Director. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (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. 22. 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. 23. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or c.af 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. 24. 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. 11 Page 99 of 529 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience andior 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. 26. 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. 27. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 28. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 30. Time of Essence. Time is of the essence of this Agreement IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set tot th above. CITY OF WATERLOO, IOWA EIC ENTERPRISES, LLC By: By:. Quentin M. Hart, Mayor eth Enge4 fecht Managing Member Attest: NORTHEAST IOWA FOOD BANK. INC. Kelley Felchle, City Clerk LLA-0414 arbara Prather Executive Director 12 Page 100 of 529 EXHIBIT "A" Legal Description of Property Lots 6 and 7, Block 16, Downing Place, City of Waterloo. Iowa. Page 101 of 529 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 February 3, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as February 17, 2025 for a request by Levi Architecture, on behalf of Troy's Sandwiches, for a Site Plan Amendment to allow for a quick service restaurant in an existing building in the "S-1" Shopping Center District located at 3146 Kimball Avenue. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting a Site Plan Amendment to allow for a quick service restaurant in an existing building. The existing building was previously a funeral home. This change in use is why a Site Plan Amendment is needed. The restaurant will only take up a portion of the building. The property owner has not decided on what the rest of the building will be used for yet. A Site Plan Amendment will be needed once plans are made for the rest of the building. The restaurant will take up 1,504 square feet of the 21,366 square feet building. There are 43 parking stalls, which is enough for the restaurant. The Planning, Programming, and Zoning Commission will make a recommendation on the request at their regular meeting on February 11, 2025. NEIGHBORHOOD IMPACT The request to allow for a quick service restaurant in an existing building would not appear to have a negative impact upon the surrounding area, as the area is composed of similar restaurants and commercial businesses. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES NA Page 102 of 529 ALTERNATIVE ACTION LEGAL DESCRIPTION That part of the Northeast Fractional Quarter of Section 4, Township 88 North, Range 13 West of the 5th P.M. in the City of Waterloo, Black Hawk County, Iowa, bounded as follows: Beginning at a point on the North Line of Park Lane which is 50.01 feet, as measured along an extension of said north line, West of the West line of Kimball Avenue; thence North 1 ° 12' 12" West a distance of 130.11 feet; thence North 0° 17' 12" West a distance of 144.91 feet; thence South 89° 38' 13" West a distance of 188 feet; thence South 0° 17' 12" East a distance of 275 feet to the North line of Park Lane; thence North 89° 38' 13" East along said North line a distance of 189.94 feet to the point of beginning. ATTACHMENTS 1. Council Packet Page 103 of 529 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL Avenue Access Road. TRAIL PLAN AND COMPLETE STREETS POLICY: February 11, 2025 Request by Levi Architecture on behalf of Troy's Sandwiches for a Site Plan Amendment to allow for a quick service restaurant in an existing building in the "S-1" Shopping Center District located at 3146 Kimball Avenue. Troy's Sandwiches, 3146 Kimball Ave, Waterloo, IA 50702 The applicant is requesting a site plan amendment to allow for a quick service restaurant in an existing building. The request to allow for a quick service restaurant in an existing building would not appear to have a negative impact upon the surrounding area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is located at the intersection of Kimball Avenue and Park Lane. Kimball Avenue is classified as a minor arterial and Park Lane is classified as a local street. The parking lot is accessed via Kimbal Avenue Access Road ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: There are sidewalks along Park Lane and along Kimball The property in question is zoned "S-1" Shopping Center District since the adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North — Medical offices, zoned "S-1" Shopping Center District South — Bank Iowa, zoned "R-4, C-Z" Multiple Residence Conditional Zoning District. East — Vacant land, zoned "S-1" Shopping Center District and Single Family homes, zoned "R-2" One and Two Family Residence District. West — Professional offices, zoned "S-1" Shopping Center District No buffers would be required as a part of this site plan amendment. A drainage plan will not be needed. Site Plan Amendment- 3146 Kimball Avenue Page 1 of 5 Page 104 of 529 February 11, 2025 Picture 1: Front of building. Picture 2: North side of building Site Plan Amendment- 3146 Kimball Avenue Page 2 of 5 Page 105 of 529 February 11, 2025 Picture 3: Looking north along Kimball Avenue frontage road. Picture 4: Looking south along Kimball Avenue frontage road toward Park Lane. Site Plan Amendment- 3146 Kimball Avenue Page 3 of 5 Page 106 of 529 February 11, 2025 Picture 5: Parking Lot DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: The surrounding area consists of professional offices and commercial buildings, constructed around the 1970's and 2000's, and single family homes constructed between 1960 and 1970. No portion of the area in question is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0303G, dated May 8, 2024. Hoover Middle School, Lou Henry Elementary School and Paulsen Park are located approximately a'/z mile to the southwest of the property. There is a 12" storm sewer line, a 12" water main and an 8" sanitary sewer line running along Kimball Avenue. There is a 15" storm sewer line traveling from the southeast corner of the property east along Park Lane. There is a private storm sewer line traveling north from the west side of the building. The Future Land Use Map designates this area as Commercial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. Site Plan Amendment- 3146 Kimball Avenue Page 4 of 5 Page 107 of 529 STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: February 11, 2025 The applicant is requesting a Site Plan Amendment to allow for a quick service restaurant in an existing building. The existing building was previously a funeral home. This change in use is why a Site Plan Amendment is needed. The restaurant will only take up a portion of the building. The property owner has not decided on what the rest of the building will be used for yet. A Site Plan Amendment will be needed once plans are made for the rest of the building. The restaurant will take up 1,504 sq ft of the 21,366 sq ft building. There are 43 parking stalls, which is enough for the restaurant. There is no platting required for this request. Therefore, staff recommends that the request for site plan amendment to allow for a quick service restaurant in an existing building in the "S-1" Shopping Center District located at 3146 Kimball Avenue be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. And with the following condition(s): 1. That a separate site plan amendment request will be required when the property owner is ready to develop the remainder of the interior of the building. Site Plan Amendment- 3146 Kimball Avenue Page 5 of 5 Page 108 of 529 City of Waterloo Planning, Programming and Zoning Commission February il, 2025 /4pTIONAL--DR R-1 ,C-Z 11 =—n—W RIDGEWAY AVE c 0 • 0 CC E• W CC U R=1 Gz R-4 R=3� 3> m m 0 R-3 BROCKWAY RD W PARKLN E RIDGEWAY'AVE S-1 CATARACTAVE R-4 TROPIC LN EDGEMONTAVE R-4,C-Z HAINES AVE R-2 BARRYINGTON DR R-3 a R =4 w CC 0 GA gP Ck DR 3146 Kimball Avenue Site Plan Amendment Levi Architecture on behalf of Troy's Sandwiches Pnnr 1 flrl of S9 W J E City of Waterloo Planning, Programming and Zoning Commission February il, 2025 Esri Community Maps Microsoft, Esri, TomTom, Gar NASA, USGS, ontributors, loa DNR, © OpenStreetMap, in, SafeGrap Ge Technologies, Inc, METI/ PA, NPS, US eisis Bureau, USDA, USFWS 3146 Kimball Avenue Site Plan Amendment Levi Architecture on behalf of Troy's Sandwiches Pnnr 1 1 fl of 9 W J E low a v 43 PARKING STALLS KIMBALL AVE ACCESS RD work area shown white 1 SITE PLAN ARCHITECTURE P.O. Box 1240 Cedar Falls, IA 50613 319.277.5636 319.277.5639 fax www.learchitecture.com © Copyright 2025 Drawings & specifications, ideas, designs, & arrangements represented are & shall remain the property of the architect & no part shall be copied or disclosed to others or used in connection with any work or project other than the specified project for which they have been prepared without the written consent of the architect. Usual contact with these drawings & specifications shall constitute conclusive evidence of acceptance of these restrictions. A1.0 Date: Jan 16, 2025 SCALE: 1" = 40'-0" Page 111 of 52J ABBREVIATIONS ABBR. DESCRIPTION A.C.M. ALUMINUM COMPOSITE METAL A.C.T. ACOUSTICAL CEILING TILE A.F.F. ABOVE FINISHED FLOOR ALT. ALTERNATE APPROX. APPROXIMATE ARCH. ARCHITECTURAL B.O. BY OTHERS BLDG. BUILDING C.G. CORNER GUARD C.J. CONTROL JOINT C.L. CENTER LINE C.M.U. CONCRETE MASONRY UNIT C.P.O.I. CONTRACTOR PROVIDED, OWNER INSTALLED CAB. CABINET CLG. CEILING CONC. CONCRETE CONST. CONSTRUCTION CONT. CONTINUOUS DEMO DEMOLISH DIA. DIAMETER DN. DOWN E.J. EXPANSION JOINT ELEC. ELECTRICAL ELEV. ELEVATION EQ. EQUAL EXIST. EXISTING EXT. EXTERIOR F.D. FLOOR DRAIN F.E.C. FIRE EXTINGUISHER CABINET F.V. FIELD VERIFY G.B. GYPSUM BOARD G.C. GENERAL CONTRACTOR H.M. HOLLOW METAL INSUL. INSULATION K.S. KNEE SPACE ABBREVIATIONS ABBR. DESCRIPTION M.E.P. MECHANICAL / ELECTRICAL / PLUMBING MANUF. MANUFACTURER MAX. MAXIMUM MECH. MECHANICAL MIN. MINIMUM MISC. MISCELLANEOUS MTL. METAL O.C. ON CENTER O.P.C.I. OWNER PROVIDED, CONTRACTOR INSTALLED O.P.O.I. OWNER PROVIDED, OWNER INSTALLED P. LAM. PLASTIC LAMINATE PLY. PLYWOOD PREFIN. PREFINISHED R.C.P. REFLECTED CEILING PLAN R.D. ROOF DRAIN RAD. RADIUS REQ. REQUIRED SCHED. SCHEDULE SHT. SHEET SIM. SIMILAR SPEC'D SPECIFIED SPEC. SPECIFICATIONS STRUCT. STRUCTURAL T&G TONGUE AND GROOVE THRU THROUGH TYP. TYPICAL U.L. UNDERWRITERS LABORATORIES V.C.T. VINYL COMPOSITE TILE VERT. VERTICAL W.W.F. WELDED WIRE FABRIC W/ WITH W/O WITHOUT WD. WOOD MEP NOTES 1. HVAC, ELECTRICAL, & PLUMBING CONTRACTORS TO COORDINATE PROPOSED EQUIPMENT & INSTALLATION WITH LOCAL INSPECTORS PRIOR TO CONSTRUCTION 2. PLUMBING SHALL BE DESIGNED AND INSTALLED TO MEET THE 2021 UNIFORM PLUMBING CODE (UPC), IOWA STATE PLUMBING CODE AMENDMENTS, & LOCAL CODE OF ORDINANCE. 3. PRIOR TO THE PLUMBING PERMIT BEING ISSUED, G.C. TO MEET WITH PLUMBING INSPECTOR TO DISCUSS PROJECT CLARITY AND TO IDENTIFY THE INTENDED WORK TO BE PERFORMED IS IN ACCORDANCE WITH THIS CODE. 4. TOILET ROOMS & WATER HEATERS INSTALLED TO MEET UPC SECTION 418.3 LOCATION OF FLOOR DRAINS, WHICH STATES ALL FLOOR DRAINS SHALL BE INSTALLED IN THE FOLLOWING AREAS: (1) TOILET ROOMS CONTAINING TWO OR MORE WATER CLOSETS OR A COMBINATION OF ONE WATER CLOSET AND ONE URINAL, EXCEPT IN A DWELLING UNIT. (5) ROOMS EQUIPPED WITH A WATER HEATER. 5. PLUMBING FIXTURES SHALL MEET UPC SECTION 403.9 ACCESSIBLE PLUMBING FACILITIES AND CERTIFY UPC SECTION 403.3 EXPOSED PIPES AND SURFACES SHALL BE MET. 6. PLEASE NOTE THE LIMITATIONS OF HOT WATER TEMPERATURE FOR PUBLIC LAVATORIES UPC SECTION 407.3. 7. NEW GREASE INTERCEPTOR TO BE PROVIDED AS APPROVED BY PLUMBING INSPECTOR. DIMENSIONS LEGEND A DIMENSION DOT DIMENSIONS TO THE CENTER OF OBJECT A DIAGONAL DIMENSION TICK DIMENSIONS TO THE FACE OF OBJECT • FOR STUD FRAMED WALLS, DIMENSIONS ARE TYPICALLY DIMENSIONED TO THE FACE OF STUD UNLESS NOTED OTHERWISE. • FOR CMU AND CONCRETE WALLS, DIMENSIONS ARE TO THE FACE OF THE WALL. • DIMENSIONS NOTED AS "CLEAR" ARE DIMENSIONED TO THE WALL FINISH. • DIMENSIONS SHOWN ON INTERIOR ELEVATIONS ARE TO THE FACE OF THE WALL FINISH. GRAPHIC SYMBOLS NEW / EXISTING WALL CONSTRUCTION NEW EXISTING WALL WALL (SCREENED), ROOM NAME AND NUMBER ROOM NAME 101 ROOM NUMBER NEW DOOR NUMBER 90° SWING ROOM NUMBER ALPHABET CHARACTERS USED TO DISTINGUISH BETWEEN MULTIPLE DOORS THAT ARE ASSOCIATED WITH PARTICULAR ROOMS EXISTING DOOR NUMBER 4 DIGIT 45° SWING WINDOW TYPE XX ROOM NUMBER ALPHABET CHARACTERS USED TO DISTINGUISH BETWEEN MULTIPLE DOORS THAT ARE ASSOCIATED WITH PARTICULAR ROOMS SPOT ELEVATION +I- 8'-On INTERIOR ELEVATION ELEVATION LETTER ELEVATION DIRECTION SHEET NUMBER BUILDING SECTION / WALL SECTION SIM DETAIL SECTION DIRECTION SECTION LETTER SHEET NUMBER i A101 DETAIL NUMBER SHEET SIM NUMBER REVISION MARKER TOILET ACCESSORIES TAG WALL TAG MATERIAL INDICATIONS ASSEMBLY TYPE TAG III IIIIII III - EARTH METAL STUDS 1I METAL SECTION CMU (STD. WT.) METAL (LARGE SCALE) WOOD STUDS INSULATION (BLANKET OR BATT) r 111 #fir Jl I4 GRAVEL / SAND FILL CONCRETE BRICK GLASS FIBER REINFORCED STONE GYPSUM WALL BOARD X X WOOD BLOCKING CODE STUDY X FINISHED WOOD RIGID INSULATION SEALANT GYPSUM WALL BOARD II I I I I I II EXISTING CONSTRUCTION ACOUSTICAL CEILING (SEE FULL CODE STUDY) LOCATION: WATERLOO, IA 50702 BUILDING SF: 19,624 SF APPLICABLE CODES: BUILDING: 2021 INTERNATIONAL BUILDING CODE PLUMBING: 2021 UNIFORM PLUMBING CODE ELECTRICAL: 2020 NATIONAL ELECTRIC CODE MECHANICAL: 2021 INTERNATIONAL MECHANICAL CODE FIRE: 2021 INTERNATIONAL FIRE CODE ENERGY: 2012 INTERNATIONAL ENERGY CONSERVATION CODE ACCESSIBILITY: ICC A117.1-2009 OCCUPANCY GROUP: CONSTRUCTION TYPE: COMBUSTIBLE TYPE: VB FIRE RESISTIVE REQUIREMENTS: EXTERIOR BEARING WALL (0 HOUR) ROOF CONSTRUCTION (0 HOUR) CEILING (0 HOUR) FIRE SPRINKLERS: SPRINKLER SYSTEM IS PROVIDED. MAX TRAVEL DISTANCE: < 250' MAX COMMON TRAVEL DIST.: I < 75' STANDARD MOUNTING HEIGHTS M Cr) HANDRAIL - STAIRS �1 1/2" 0 HANDRAIL HANDRAIL w J U ACCESSIBLE WALL MOUNTED LAVATORY AND MIRROR SOAP PAPER DISPENSER TOWEL DISPENSER HAND DRYER FULLY RECESSED FIRE EXTI NGUISHER STANDARD URINAL ACCESSIBLE URINAL GENERAL NOTES 1 MATERIALS AND USES IN THE BUILDING WILL BE COMPATIBLE WITH ASSIGNED OCCUPANCIES AND CONSTRUCTION TYPE. INTERIOR FINISHES TO MEET IBC CHAPTER 8 REQUIREMENTS. TEMPERED/SAFETY GLAZING TO BE PROVIDED AS INDICATED ON PLANS AND TO MEET 2021 IBC 2406. 2. DISCREPANCIES BETWEEN THESE DOCUMENTS AND THE ACTUAL FIELD CONDITIONS SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT BEFORE PROCEEDING WITH WORK. 3. REVIEW DOCUMENTS AND VERIFY DIMENSIONS AND FIELD CONDITIONS. CONFLICTS OR OMISSIONS, ETC., SHALL BE IMMEDIATELY REPORTED TO THE ARCHITECT FOR CLARIFICATION PRIOR TO THE PERFORMANCE OF WORK IN QUESTION. 4. DO NOT SCALE DRAWINGS. WRITTEN DIMENSIONS GOVERN PARTITION LOCATIONS. IN CASE OF CONFLICT, NOTIFY THE ARCHITECT OF RECORD. FLOOR PLAN BY ARCHITECT OF RECORD SUPERSEDES OTHER PLANS. DIMENSIONS MARKED "CLEAR" SHALL BE MAINTAINED AND SHALL ALLOW FOR THICKNESS OF FINISHES INCLUDING CARPET, PAD, CERAMIC TILE, V.C.T., ETC. 5. 'TYP.' MEANS THAT THE CONDITION IS REPRESENTATIVE FOR SIMILAR CONDITIONS THROUGHOUT, UNLESS OTHERWISE NOTED. 6. EXISTING KNOX BOX IS PROVIDED. 7. EMERGENCY LIGHTING WILL BE PROVIDED PER 2021BC 1008. FIRE EXTINGUISHERS WILL BE PROVIDED BY G.C. AND MEET 2021 IBC 906. 8. EXTERIOR BUILDING SIGNS SHALL BE SUBMITTED UNDER SEPARATE PERMIT APPLICATION FOR REVIEW AND APPROVAL AS REQUIRED BY LOCAL AUTHORITIES. EXTERIOR SIGNS ARE NOT WITHIN THE SCOPE OF BUILDING DEPARTMENT APPROVAL. 9. ALL INTERIOR WALLS TO RECEIVE FULL SOUND BATT INSUL. EXCEPT FOR KNEE WALL LOCATIONS. 10. SPRINKLER, LIFE SAFETY, AND FIRE ALARM SYSTEMS TO BE DESIGNED BY A LICENSED DESIGN PROFESSIONAL AND SUBMITTED TO THE STATE OF IOWA FOR REVIEW AND APPROVAL PRIOR TO START OF WORK. THE DESIGN SHALL COMPLY TO LOCAL, STATE AND NATIONAL CODES. ASSURE ALL OCCUPIED & CONCEALED SPACES ARE ACCOUNTED FOR SMOKE AND HEAT DETECTION. 11. SEE FLOOR PLANS FOR WALL TYPE LOCATIONS. WALL TAGS ARE FOR CLARIFICATION WHEN IT IS GRAPHICALLY DIFFICULT TO DETERMINE ON THE PLAN. NOT ALL WALLS ARE TAGGED. CONSULT WITH ARCHITECT FOR CLARIFICATION. 12. SEAL ALL PENETRATIONS THROUGH & INTO WALLS. AT SOUND RATED ASSEMBLIES, PROVIDE ACOUSTICAL SEALANT. 13. PROVIDE VERTICAL & HORIZONTAL GWB EXPANSION JOINTS, AS REQUIRED, TO PREVENT CRACKS. NOT ALL EXPANSION JOINT LOCATIONS ARE SHOWN IN DRAWING. 14. PROVIDE MOISTURE RESISTANT GWB & EPDXY PAINT AT ALL WET LOCATIONS. 15. PROVIDE CONCEALED BLOCKING OR BACKING FOR SURFACE MOUNTED EQUIPMENT INDICATED IN THE DOCUMENTS. 16. PROVIDE BLOCKING IN WALLS AS REQUIRED FOR ALL WALL MOUNTED CASEWORK AND OTHER ACCESSORIES. 17. ALL FLOOR MATERIAL CHANGES SHALL OCCUR AT CENTER OF DOOR LEAF. 18. ALL WOOD IN WET LOCATIONS OR IN CONTACT WITH CONCRETE TO BE PRESSURE TREATED LUMBER. 19. UNLESS OTHERWISE NOTED, DOOR TYPES, FINISHES & HARDWARE ARE BY OWNER. SEE DOOR SCHEDULE FOR SPECIFIC HARDWARE REQUIREMENTS. SANITARY NAPKIN DISPOSAL TOILET PAPER DISPENSER AREA 3' - 5" �'-16"-18" io W .6) Z W W W 5\ TOILET PAPER DISPENSER 3'-6" 17"-19" 71- 3 MIN.6 Troy's Sandwiches Buildout Sheet Index General G1.0 COVER, SHEET INDEX & LOCATION MAP Architectural A2.0 FLOOR PLAN, TOILET PLAN & ELEVATIONS INTERIOR WALL TYPES Waterloo, Iowa Owner Troy Morris Jr. CONTACT: TROY MORRIS JR. (troy@asbako.com) Contractor Construction Designs, Inc. 6511 DYSART ROAD WATERLOO, IA 50701 CONTACT: KEVIN KIRKPATRICK Architect Levi Architecture 3228 CEDAR HEIGHTS DR. CEDAR FALLS, IA 50613 319.277.5636 CONTACT: DAN LEVI, AIA (danlevi@leviarch.com) COOKLINE WALL WHEELCHAIR AMBULATORY 1'-0" 1MAX. �J / /2 2'-0" MIN. MIN. 12" 24" (G.C. TO VERIFY SIZE) W ' 0z En J Z O TWO OR MORE ROBE / COAT HOOK BABY CHANGING STATION 2x4 WOOD STUD FRAMING W/ FULL BATT INSUL. 5/8" GWB. EACH SIDE 3 5/8" METAL STUD FRAMING W/ SOUND BATT. INSUL. 5/8" GWB, EACH SIDE LOCATION MAP SCALE: 1/8" = 1'-0" Architect's Stamp /• �`I 4 . / ('l • ; / (v // ..- .� I hereby certify that the portion of this technical submission described below was prepared by me or under my direct supervision and responsible charge. I am a duly Registered Architect under the laws of the State of Iowa. Daniel E Levi ...0.4.4. L E. / oP . 5266• ° IOWA CV. �1/ °• °G�\ SFD • °P Printed or Typed Name Signature Discipline' Architect Iowa Registration No 5266 Pages or Sheets covered by this seal G1.0. A2 0 Date of issuance: January 3, 2025 [VI ARCI-IIT[CTUR[ 3228 Cedar Heights Dr. Cedar Falls, IA 50613 319.277.5636 leviarchitecture.com © Copyright 2025 Drawings & specifications, ideas, designs, & arrangements represented are & shall remain the property of the architect & no part shall be copied or disclosed to others or used in connection with any work or project other than the specified project for which they have been prepared without the written consent of the architect. Visual contact with these drawings & specifications shall constitute conclusive evidence of acceptance of these restrictions. • N a Q LO Q E O co 1(15 71' co G1.0 0 co ndex & Location Issue Date: Jan 3, 2025 Page 112 01-5Y9 3' - 4" 3' - 6" 1'-0" S.S. GRAB BARS, TYP. TANK -TYPE TOILET, TYP. 4" VINYL BASE, TYP. TYP. ADA TOILET ELEVATION SCALE: 1/2" = 1'-0" EPDXY PAINT FINISH, TYP. THROUGHOUT TOILET ROOM AREAS 24"x36" MIRROR, TYP. LAVATORY TYPE BY OWNER 21" DEEP COUNTER W/ 1 1/2" EDGE PROFILE 4" VINYL BASE, TYP. • 0 REFLECTIVE SURFACE • ih 1 v OPERABLE CONTROLS 6" MAX. 8" MIN. 1'-5" MIN. ADA REQUIRED CLEARANCE KEY LEGEND OTOILET PAPER DISPENSER, SURFACE MOUNTED. PROVIDED BY OWNER, INSTALLED BY G.C. OSOAP DISPENSER (LIQUID SOAP) SURFACE MOUNTED. PROVIDED BY OWNER, INSTALLED BY G.C. 0,PAPER TOWEL DISPENSER, SURFACE MOUNTED. PROVIDED BY OWNER, INSTALLED BY G.C. OSANITARY NAPKIN DISPOSAL UNIT, STAINLESS STEEL, PROVIDED & INSTALLED BY G.C. OBABY CHANGING STATION, PROVIDED & INSTALLED BY G.C. O NEW TOILET PARTITIONS INSTALLED BY G.C. 3'-43/4" 1" MEN'S TOILET NEW SOLID SURFACE COUNTER & SINK 4'-11" NO LATCH TO BE PROVIDED CLEAR EXIST. URINAL TO REMAIN, PROTECT EXIST. TOILET - TO REMAIN, PROTECT NEW SOLID SURFACE COUNTER & SINKS EXIST. TOILETS TO REMAIN, PROTECT J 5'-1" CLEAR EXIST. HVAC DUCT EXIST.` FD • EXIST. DOOR, • G.C. VERIFY NO LATCH IS PROVIDED WOMEN'S TOILET � TYP. ADA LAVATORY ELEVATION � ENLARGED TOIL[T ROOM SCALE:1/2" = 1'-0" SCALE: 1/4" = 1'-0" DOOR HARDWARE NOTES 01 NEW 3'x7' DOOR & FRAME. PROVIDE ENTRANCE LOCKSET & CLOSER W/ O.H. STOP. 02 NEW 3'x7' DOOR & FRAME. PROVIDE PUSH PULL HARDWARE, CLOSER & KICK PLATE. 03 EXIST. DOOR & FRAME. ASSURE NO LATCH IS PROVIDED. PROVIDE CLOSER. 04 NEW 3'x7' DOOR & FRAME. LOCKET TYPE & HARDWARE BY OWNER. 05 NEW 3'x7' DOOR & FRAME. LOCKET TYPE & HARDWARE BY OWNER. * G.C. CONFIRM DOOR HARDWARE W/ OWNER. EXIST. NOT USED, SHOWN GREY (SEPERATE PERMIT) EXIST. 1-HR BLOCK WALL STORAGE/ JANITOR EXIST. - MOP SINK SPRINKLER ROOM OV[RALL fLOOR PLAN SCALE: in = 3°'-13" SHARED COMMON SPACE WORK AREA (TROY'S SANDWICHES) NO WORK IN SHADED AREA NEW 3 5/8" MTL. STUD WALL W/ SINGLE DOOR, CENTERED IN WALL --M E N'S TOILET Ni) WORK IN SHADED AREA i 1 EXIT VESTIBULE 1 DEMO EXIST. WALL FOR NEW 3 5/8" MTL. STUD WALL z� 0 J Q EXHAUST HOOD EXIST. HVAC DUCT - w EXIST. FD 03 WOMEN'S TOILET J fLOOR PLAN EXIT O H to r 2 LOBBY 1- w WALL & DOOR LEGEND EXISTING WALL, NO CHANGE • 1 o EXISTING DOOR, NO CHANGE SiNEW DOOR NEW WALL P 1 L _ DEMO WALL/DOOR EMERGENCY EXIT LIGHT FIXTURE w/ BATTERY BACK-UP LAMPS EXIT EMERGENCY LIGHT FIXTURE W/ BATTERY BACK-UP LAMPS STOR. VEST. w 0 J w O 3'-0" CLEAR EXIT 0 0 LL w KITCHEN PREP TABLE PREP TABLE NEW HANDWASH SINK 0 CO SODA & ICE SURFACE MOUNTED FIRE EXTINGUISHER LL DINING 533 SF MAX TRAVEL = 113'-1" COMMON PATH = 70'-4" SURFACE MOUNTED FIRE EXTINGUISHER • NEW TRIPLE SINK CLASS K FIRE EXTINGUISHER -� • • ■ EXIST. COLUMNS EXIST. PORTICO SHOWN DASHED EXIST. COVERED WALKWAY {vi ARCI-IIT[CTUR[ 3228 Cedar Heights Dr. Cedar Falls, IA 50613 319.277.5636 leviarchitecture.com © Copyright 2025 Drawings & specifications, ideas, designs, & arrangements represented are & shall remain the property of the architect & no part shall be copied or disclosed to others or used in connection with any work or project other than the specified project for which they have been prepared without the written consent of the architect. Visual contact with these drawings & specifications shall constitute conclusive evidence of acceptance of these restrictions. V! 0 W U_ ■ 0_ / � W Q o (/) < E o co Vi CD O cc7 u_ 0 A2.0 Issue Date: Jan 3, 2025 SCALE: 1/8" = 1'-0" Page 113 of 579 0 7V APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", "B-P", "S-1" OR "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment X Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name — Business Name if Applicable (please print): Dan Levi - Levi Architecture Address: 3228 Cedar Heights Drive Phone: 319-277-5636 Fax: City: Cedar Falls State: Iowa Zip: 50613 Email: danlevi@leviarch.com b. Status of applicant: (a) Owner (b) Other X (CHECK ONE): If other explain: Architect c. Property owner's name if different than above (please print): Troy Morris Jr. - Troy's Sandwiches Address: 3146 Kimball Ave Phone: 661-392-1037 Fax: City: Waterloo State: Iowa Zip: 50702 Email: troy@asbako.com 2. PROPERTY INFORMATION: a. General location of site plan to be amended: NW corner of Kimball Ave and W Park Ln b. Legal description of property or portion to be amended: N/A c. Dimensions of proposed site plan amendment: Roughly 189' E-W by 275' N-S d. Area of proposed site plan amendment: Site Size is 51,967 SF. e. Current zoning: S-1 Shopping f. Reason(s) for site plan amendment and proposed use(s) of property: Change in use to Restaurant g. Conditions (if any) agreed to (does not affect existing conditions unless specified): Separate site plan amendment form will be completed when owner is ready to develop remainder of interior. h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (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 amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. 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 Waterlo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in e'stion in regards to the request. 1.21.25 Signature of Applicant Date Signature of Owner F Qko114 of 529 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE February 3, 2025 AGENDA ITEM TITLE Motion to approve Final Quantity Summary with Price Industrial Electric, for a net decrease of $530,318.39, in conjunction with the FY 2024 Fiber -Optic Outside Plant (OSP), Economic Development Administration (EDA) Award Number 05-79-06185, Contract No. 1086, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Final Quantity Summary SUMMARY STATEMENT AND BACKGROUND INFORMATION This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net decrease in the total project cost. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 115 of 529 1. Partially Signed Final Quantity Summary Page 116 of 529 CITY OF WATERLOO, IOWA FINAL QUANTITY SUMMARY_ PROJECT: FY 2024 FIBER-OPTIC OUTSIDE PLANT (OSP), ECONOMIC DEVELOPMENT ADMINSTRATION (EDA) AWARD NUMBER 05-79-06185, CONTRACT NO. 1086 Date Prepared: 01/13/2025 AMOUNT: $ 530,318.39 DECREASE TO: PRICE INDUSTRIAL ELECTRIC., Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated 02/05/2024. A. Description of change to be made or extra work to be done: Adjustinent of original construction quantities and contract amounts to actual construction quantities and actual amounts. B. Reason for ordering change or extra work: Construction is complete. C. Settlement for cost of work to be made as follows: Compensation to be made to contractor through bid items. See attached summary. Total Net Decrease $530,318.39 CITY OF WATERLOO BY: Mayor ATTEST: Date CON City Clerk Date BY: l PRINTED NAME: ern' -' KiPh City Engineer TITLE: APPROVED: 1/16/2025 ity Engineer Date Page 117 of 529 Exhibit P - Schedule of Values JOB NAME: Waterloo EDA Fiber APPLICATION NUMBER: 10 APPLICATION DATE: 1/15/2025 A B C D E G H I ITEM NO. DESCRIPTION OF WORK ORIGINAL QUANTITY CHANGE ORDERS TOTAL APPROVED QUANTITY UNIT PRICE ORGINAL CONTRACT AMOUNT TOTAL AMOUNT APPROVED WITH CO's UNITS COMPLETED FROM PREVIOUS APPLICATION (D+E) AMOUNT APPROVED FROM PREVIOUS APPLICATION UNITS COMPLETE D THIS PERIOD AMOUNT COMPLETED THIS PERIOD TOTAL UNITS COMPLETED TO DATE (D+E) TOTAL AMOUNT APPROVED TO DATE UNIT COMPLETE D PERCENT (G/C) QUANTITY TO FINISH BALANCE TO FINISH RETAINAGE TO DATE 1 Directional Bore (0) 1" and (0) 2" and (2) 1.25" 174 -174 0 $20.00 $3,480.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 2 Directional Bore (0) 1" and (0) 2" and (3) 1.25" 53,103 -3,861 49,242 $13.15 $698,304.45 $647,532.30 49,242 $ 647,532.30 $ - 49,242 $ 647,532.30 100.00% 0 $0 $0.00 4 Directional Bore (0) 1" and (1) 2" and (2) 1.25" 143 98 241 $20.00 $2,860.00 $4,820.00 241 $ 4,820.00 $ - 241 $ 4,820.00 100.00% 0 $0 $0.00 5 Directional Bore (0) 1" and (1) 2" and (3) 1.25" 3,334 -274 3,060 $14.40 $48,009.60 $44,064.00 3,060 $ 44,064.00 $ - 3,060 $ 44,064.00 100.00% 0 $0 $0.00 11 Directional Bore (1) 1" and (0) 2" and (0) 1.25" 3,118 -3,118 0 $11.15 $34,765.70 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 14 Directional Bore (1) 1" and (0) 2" and (3) 1.25" 14,395 -1,055 13,340 $14.15 $203,689.25 $188,761.00 13,340 $ 188,761.00 $ - 13,340 $ 188,761.00 100.00% 0 $0 $0.00 28 Bore 6" Casing (Steel) 1 -1 0 $200.00 $200.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 29 Bore 6" Casing (PVC) 1 -1 0 $200.00 $200.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 30 Bore 8" Casing (Steel) 1,083 -1,083 0 $50.00 $54,150.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 31 Bore 8" Casing (PVC) 1 -1 0 $200.00 $200.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 33 Install Muletape in New Conduit 234,192 -86,026 148,166 $0.50 $117,096.00 $74,083.00 148,166 $ 74,083.00 $ - 148,166 $ 74,083.00 100.00% 0 $0 $0.00 36 Install #12 AWG Insulated Tracer Wire 68,763 5,520 74,283 $0.25 $17,190.75 $18,570.75 74,283 $ 18,570.75 $ - 74,283 $ 18,570.75 100.00% 0 $0 $0.00 37 Install 5/8"x8' Copper Clad Ground Rod 35 -10 25 $40.00 $1,400.00 $1,000.00 25 $ 1,000.00 $ - 25 $ 1,000.00 100.00% 0 $0 $0.00 38 Install 3.5" Dia PVC Round Marker Posts with Orange Dome Top 87 -87 0 $100.00 $8,700.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 39 Install 3.5" Dia PVC Round Marker Posts with Orange Dome Top with Test Station 29 -5 24 $350.00 $10,150.00 $8,400.00 24 $ 8,400.00 $ - 24 $ 8,400.00 100.00% 0 $0 $0.00 46 Installation, Underground Fiber Cable - Including Slack (All other fiber) 77,388 -7,296 70,092 $1.50 $116,082.00 $105,138.00 70,092 $ 105,138.00 $ - 70,092 $ 105,138.00 100.00% 0 $0 $0.00 51 Installation, Vault 24" x 36" 77 -4 73 $800.00 $61,600.00 $58,400.00 73 $ 58,400.00 $ - 73 $ 58,400.00 100.00% 0 $0 $0.00 52 Installation, Large Vault 30" x 48" 2 6 8 $1,000.00 $2,000.00 $8,000.00 8 $ 8,000.00 $ - 8 $ 8,000.00 100.00% 0 $0 $0.00 53 Installation, Extra Large Vault 48" x 60" 2 -2 0 $1,500.00 $3,000.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 57 Sawcut, Remove and Replace Asphalt 6" Thick 1,146 -1,146 0 $17.00 $19,487.67 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 58 Sawcut, Remove and Replace Concrete 6" Thick 1,146 -1,146 0 $17.00 $19,487.67 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 60 Sawcut, Remove and Replace Asphalt 8" Thick 1,146 -1,146 0 $24.00 $27,512.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 61 Sawcut, Remove and Replace Concrete 8" Thick 1,146 -1,146 0 $24.00 $27,512.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 62 Sawcut, Remove and Replace Asphalt 10" Thick 1,146 -1,146 0 $30.00 $34,390.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 63 Sawcut, Remove and Replace Concrete 10" Thick 1,146 -1,146 0 $30.00 $34,390.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 127 Install New Splice Case & Prep Cable 10 -2 8 $300.00 $3,000.00 $2,400.00 8 $ 2,400.00 $ - 8 $ 2,400.00 100.00% 0 $0 $0.00 130 Splicing, Fusion, Single Fiber 2,880 -2,304 576 $30.00 $86,390.64 $17,280.00 576 $ 17,280.00 $ - 576 $ 17,280.00 100.00% 0 $0 $0.00 131 Splicing Fusion, Single fiber Pigtail at panel 562 -562 0 $30.00 $16,860.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 134 Testing, OTDR, Bi-Directional, Power Meter Testing 562 14 576 $6.00 $3,372.00 $3,456.00 576 $ 3,456.00 $ - 576 $ 3,456.00 100.00% 0 $0 $0.00 148 Install rack mounted patch panel (Any Size) and tails 2 -2 0 $500.00 $1,000.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 149 Install Wall Mount Fiber Enclosure 2 -2 0 $500.00 $1,000.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 150 Install 7ft Rack for patch panels 1 -1 0 $500.00 $500.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 161 Pull fiber through building 300 -300 0 $3.50 $1,050.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 162 Install 2" Electric Metal Tubing (EMT) 15 -15 0 $60.00 $900.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 163 4" Core Bore 3 -3 0 $500.00 $1,500.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 164 2" Building Riser with LB - Up to 10' 3 -3 0 $1,000.00 $3,000.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 178 24 CT Fiber Cable 527 -527 0 $0.47 $247.69 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 180 96 CT Fiber Cable 3,235 -3,235 0 $1.08 $3,493.80 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 183 288 CT Fiber Cable 73,627 73,627 $2.80 $206,155.60 $206,155.60 73,627 $ 206,155.60 $ - 73,627 $ 206,155.60 100.00% 0 $0 $0.00 196 1" HDPE Roll Conduit, Orange -SDR 11 17,513 -2,513 15,000 $0.44 $7,705.72 $6,600.00 15,000 $ 6,600.00 $ - 15,000 $ 6,600.00 100.00% 0 $0 $0.00 197 1.25" HDPE Roll Conduit, Orange - SDR 11 213,130 213,130 $0.35 $74,595.50 $74,595.50 213,130 $ 74,595.50 $ - 213,130 $ 74,595.50 100.00% 0 $0 $0.00 198 2" HDPE Roll Conduit, Orange - SDR 11 3,477 3,477 $0.71 $2,468.67 $2,468.67 3,477 $ 2,468.67 $ - 3,477 $ 2,468.67 100.00% 0 $0 $0.00 202 Mule Tape 234,192 -39,192 195,000 $0.03 $7,025.76 $5,850.00 195,000 $ 5,850.00 $ - 195,000 $ 5,850.00 100.00% 0 $0 $0.00 203 #12 AWG Solid Thhn Insulated Tracer Wire 68,763 18,737 87,500 $0.27 $18,566.01 $23,625.00 87,500 $ 23,625.00 $ - 87,500 $ 23,625.00 100.00% 0 $0 $0.00 204 5/8"x8' Copper Clad Ground Rod 35 35 $26.45 $925.75 $925.75 35 $ 925.75 $ - 35 $ 925.75 100.00% 0 $0 $0.00 207 Vault, 24" x 36" 77 -2 75 $654.35 $50,384.95 $49,076.25 75 $ 49,076.25 $ - 75 $ 49,076.25 100.00% 0 $0 $0.00 208 Large Vault, 30" x 48" 2 6 8 $920.00 $1,840.00 $7,360.00 8 $ 7,360.00 $ - 8 $ 7,360.00 100.00% 0 $0 $0.00 209 Extra Large Vault 48" x 60" (Split Lid) 2 -2 0 $1,592.75 $3,185.50 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 215 3.5" Dia PVC Round Marker Posts with Orange Dome Top, 8 ft. in length 87 -87 0 $28.52 $2,481.24 $0.00 $ $ 0 $ 100.00% 0 $0 $0.00 216 3.5" Dia PVC Round Locate Posts with Orange "Top Hat", 8 ft. in length with shorting straps 29 29 $50.54 $1,465.66 $1,465.66 29 $ 1,465.66 $ - 29 $ 1,465.66 100.00% 0 $0 $0.00 219 6" SDR 11 36 -36 0 $12.00 $432.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 220 8" SDR 11 1,083 -1,083 0 $10.00 $10,830.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 221 6" Steel Casing 36 -36 0 $75.00 $2,700.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 222 8" Steel Casing 36 -36 0 $100.00 $3,600.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 235 FOSC 450 D Closure 10 -2 8 $505.00 $5,050.00 $4,040.00 8 $ 4,040.00 $ - 8 $ 4,040.00 100.00% 0 $0 $0.00 236 D Size splice Tray 20 -12 8 $50.00 $1,000.00 $400.00 8 $ 400.00 $ - 8 $ 400.00 100.00% 0 $0 $0.00 237 Slack Basket for D-Gel Closure 10 -2 8 $35.00 $350.00 $280.00 8 $ 280.00 $ - 8 $ 280.00 100.00% 0 $0 $0.00 284 288 port rack mount panel 2 -2 0 $9,700.00 $19,400.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 285 Wall Mount Fiber Enclosure 2 -2 0 $250.00 $500.00 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 286 7ft Rack for patch panels 1 -1 0 $232.30 $232.30 $0.00 $ - $ - 0 $ - 100.00% 0 $0 $0.00 287 NEMA Enclosure 3 1 -3 0 $2,000.00 $6,000.00 $9,289.70 $0.00 $ - $ - 0 $ - 100.00% 100.00% 0 0 $0 $0.00 CO1 RR Insurance and Flagging Fees 1 $9,289.70 $9,289.70 1 $ 9,289.70 $ - 1 $ 9,289.70 $0 $0.00 TOTALS 1,083,082 -135,460 947,622 $2,104,355.57 $1,574,037.18 947,6201 $ 1,574,037.18 0 $ - 947,620 $ 1,574,037.18 100.00% - $0 $0.00 age 118 of 529 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE February 3, 2025 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Price Industrial Electric, Inc., in the amount of $1,574,037.18, in conjunction with the FY 2024 Fiber -Optic Outside Plant (OSP) Construction, Economic Development Administration (EDA), Award Number 05-79-06185, Contract No. 1086, and receive and file a two-year maintenance bond and the EDA Final Acceptance Report. RECOMMENDED COUNCIL ACTION Accept Maintenance Bond and accept and sign the EDA Final Acceptance Report. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 119 of 529 ATTACHMENTS 1. Bond 20250116082212557 2. EDA Final Acceptance Report Page 120 of 529 MAINTENANCE BOND Bond No. 2352736 ALL MEN BY THESE PRESENTS: That, Price Industrial Electric, Inc. as Principal, and the Swiss Re Corporate Solutions America Insurance Corporation are held and firmly bound unto City of Waterloo, Iowa of Robins, IA as Surety, in the penal sum of One Million, Five Hundred Seventy Four Thousand, Thirty Seven & 18/100 ($ 1,574,037.18 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 FY 2024 Fiber -Optic Outside Plant (OSP) Construction, Economic Development Administration (EDA), Award Number 05-79-06185, Contract No. 1086, Waterloo, IA in Waterloo, IA 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 Swiss Re Corporate Solutions America Insurance Corporatic 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 14th day of January , 2025 Price Industrial Electric, Inc. Principal B: Swis Cor orate Solutions America Insurance Corporatis ,.RP'E�''5g'r''''v' %Surety oner Attorney -in -Fact _ �• iS73¢, 1200 Main Street, Suite 800 Address Kansas City, MO 64105-2478 Page 121 of 529 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, CINDY BENNETT, ANNE CROWNER, TIM McCULLOH, DIONE R. YOUNG, SETH ROOKER, JENNIFER MARINO, JOSEPH TIERNAN, KATE ZANDERS, SARA HUSTON, JOHN CORD LUKAS SCHRODER and JAMIE GIFFORD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be bindine imon the Comoration when so affixed and in the future with renard to any bond, undertaking or contract of surety to which it is attached." ,,,,,,,�,� •....,.,,.,i,,,,,, .••,owoAM5 \S1O SP;2iM/�c., W SEAL 0- S E A L -S. A. 1973 . •# oaa: ",;.:' 155 JB:� '.dia •.:, "tfj So Eta: '•.�n� gym..•-. By Erik Janssens, Senior Vice President of SRCSAIC & Senior Vice President of SRCSPIC & Senior Vice President of WIC By Gerald Jagrowski, Vice President of SRCSAIC & Vice President of SRCSPIC & Vice President of WIC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 2nd day of FEBRUARY 20 24 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook ElWestport Insurance Corporation On this 2nd day of FEBRUARY , 20 24 before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 14thday of January 20 25 . Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC 29 OMB Number: 0610-0096 Expiration Date: 01/31/2025 ECONOMIC DEVELOPMENT ADMINISTRATION FINAL ACCEPTANCE REPORT EDA Award Number: 05-79-06185 Date: 1/13/2025 Recipient: City of Waterloo Co-Recipient(s): Recipient's Authorized Representative: Quentin Hart, Mayor Name & Phone Number Contract # 1 of 1 Contracts Contract Award Date: 2/5/24 Project/Contract Description: Fiber Backbone The following representatives were present during the final inspection (include Name/Title): Owner: City of Waterloo Architect/Engineer: Dave Arrigo Contractor: Price Industrial Electric EDA Representative (if applicable): Vincent Greener Other: RECITAL: The work performed under this contract was inspected on 2/3/2025 (date) for the purpose of determining acceptability of construction. The Date of Acceptance is hereby established as February 3, 2025 The "Date of Acceptance" is the date which the Owner may occupy and/or use the facility for the purpose for which it is intended in accordance with the contract documents and all work for the facility has been completed with the exception of minor cleanup and minor corrective action as shown in the Architect/Engineer's list made during the final inspection. Dave Arrigo Architect/Engineer (Print) eAed Architect/Engineef (Signature) Date 1/13/2025 The Contractor agrees that the Date of Acceptance is also the date of commencement of all warranties required by the contract documents and that he/she (the Contractor) has released all liens on the project, including material, men and mechanics liens or others filed by the Contractor. The Contractor will complete the work on the Architect/Engineer's list of minor cleanup and corrective work within the Date of/A eptance. i Jar -re.) 6,7 4 - Contractor (Print) Contractor Signature Date The Owner accepts the work as complete/substantially complete and will assume full possession thereof on (date). Owner (Print) Owner Signature Date Page 123 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Planning & Zoning Department February 3, 2025 AGENDA ITEM TITLE Motion to approve Change Order No. 1 with D.W. Zinser Co., Inc., of Walford, Iowa, for a net decrease of $108,656.46, in conjunction with changes to demolition scope of work for properties located at 100 E. 9th Street and 114 E. 10th Street under Contract No. D-2024-10-04P, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo entered into demolition contract D-2024-10-04P with D.W. Zinser Co., Inc on November 4, 2024 with a total contract amount of $198,000. The contractor has completed most of the demolition work, excluding the property at 100 E 9th St, which is also known as 105 E 10th St (a former Crystal Ice building). Prior to demolition of 100 E 9th St, they discovered additional asbestos containing materials. The site was tested and abated of asbestos, but apparently some was missed, including some hidden asbestos between layers of cement flooring and ceiling. To proceed with the demolition of this building, either the additional asbestos will need to be abated before demolition, or the entire demolition would have to be treated as a RACM demo (regulated asbestos containing materials). Because of the size and significant weight of material, the cost to demolish the entire building as RACM was estimated at over $335,000, compared to the non-RACM bid of $110,000. At this point, the Ctiy and Zinser have agreed to remove this property from the contract, so the Change Order reflects a credit (decrease) to the Contract of $110,000. During the demolition of 114 E 10th St, a small amount of asbestos was discovered. This building was also tested and abated, but had some transite panels that apparently were missed. It was a relatively minor amount, and Zinser is requesting an increase of $463.54 for the additional work to seperate and dispose of the RACM material, and then are asking for an increase of $880 for costs associated with the bond for 100 E 9th St that is now not needed as it will be excluded from the contract. This makes for a total net change (reduction) of the contract amount of $108,656.46, and a new revised total contract amount of $89,343.54. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 124 of 529 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A (reduction in contract) ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. DW Change Order #1 to Contract D-2024-10-04P 2. Demolition Contract D-2024-10-04P signed Page 125 of 529 D.W. Zinser Co., Inc Change Order 1 January9, 2025 Original Contract Price Reduction of 100 E 9th St (removed from contract) (110,000.00) Addback for bond portion of 100 E 9th St 880.00 Asbestos Landfill Ticket for 114 E 10th St 463.54 Total Reduction Change Order #1 (108,656.46) New Contract Price 89,343.54 Page 126 of 529 CONTRACT D-2024-10-04P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No Regulated Asbestos Containing Materials (No RACM)] 105 E 11°' Street, 114 E 1011' Street, 100 E 9th Street (a.k.a. 105 E 10th Street), and 1202 Sycamore Street This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of November 4, 2024 by and between the City of Waterloo, Iowa ("City") and D.W. Zinser Co., Inc.. ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of November 4, 2024 thru May 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 $198,000 as provided in the Bid Tabulation that is part of Page 127 of 529 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; Terrnination 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 Page 2 of 4 Page 128 of 529 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. Page 3 of 4 Page 129 of 529 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 By: D.W. ZINSER COMPANY, INC. Quentin Hart, Mayor Brent Tegels Attest: Kl Felchle, ty Clerk kul�y Page 4 of 4 Page 130 of 529 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Planning & Zoning Department MEETING DATE February 3, 2025 AGENDA ITEM TITLE Motion to approve Change Order No. 1 with D.W. Zinser Co., Inc., of Walford, Iowa, in an amount not to exceed $45,360.00, to load, haul, and dispose of identified asbestos material in conjunction with properties located at 2127 E. 4th Street (Saint Mary's Church and School) and 123 E. Parker Street (Saint Mary's Villa) under Contract No. D-2024-10-02P, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo entered into demolition contract D-2024-10-02P with D.W. Zinser Co., Inc on December 2, 2024 with a total contract amount of $339,900. This contract includes two properties, 2127 E 4th Street (Saint Mary's Church and School) and 123 E Parker Street (Saint Mary's Villa). The contractor started demolition work but encountered asbestos material. Demolition work was halted, and the site inspected by the Iowa Department of Natural Resources. Working with the Demolition contractor and the DNR, we had additional testing done, which determined that there some asbestos material in both buildings that had been missed by the asbestos testing and asbestos abatement contractors. Additional identified asbestos includes pipe wrap in current demolition piles and throughout the Villa Building in the not yet demolished portions, as well as two roof areas of the Church and School building. The asbestos material and all adjacent material/debris that has potentially been contaminated with the asbestos material has to be carefully removed as regulated asbestos containing material (RACM), and then the remainder of the site will be allowed to be demolished as non-RACM. The change order incudes additional cost of $168 per ton to remove the RACM material, estimated to be a maximum of 270 tons, with the cost to remove not to exceed a maximum of $45,360. This will cover the identified asbestos containing material, but if additional asbestos containing material is discovered beyond what is currently identified, an additional change order will be required. The actual amount of the change order will depend on the actual tonnage that is taken as RACM, but based on the maximum amount of $45,360, this would provide for new revised total contract amount of not to exceed $385,260.00. This amount is still below the original project estimate of $400,000 and well below the second lowest bidder on the project, which was $468,000. The City also plans to hire a third party to monitor the remaining demolition activity and do air quality sampling to ensure to asbestos emissions are leaving the site. NEIGHBORHOOD IMPACT Page 131 of 529 DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES HUD funds or TIF bond funds ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1 Change Order 1 01-30-25 2. DW Zinser Co - Demolition Contract D-2024-10-02P - 12-2-2024 3. St. Marys additional asbestos testing Page 132 of 529 D.W. ZINSER COMPANY Demolition & Dismantling Member National Demolition Association 1775 Commercial Drive, PO Box 398, Walford, Iowa 52351 Phone 319-846-8090 Fax 319-846-3351 Demolition Proposal - Change Order No. 1 Date: January 29th, 2025 Project: St. Mary's Demolition, Waterloo, Iowa Contract No. D-2024-10-02P Mr. Aric Schroeder City of Waterloo Iowa 715 Mulberry Street Waterloo, Iowa 50703 Mr. Schroeder, D.W. Zinser Company proposes to complete the following: Load, haul and dispose of identified asbestos material to the Blackhawk County Landfill, at a cost of $168 per ton. This cost is not to exceed a maximum of $45,360 (based on an estimated maximum of 270 tons). The identified asbestos containing material includes but no limited to pipe wrap in current demolition piles and throughout the Villa Building (123 E Parker). Also included in this identified material are the roof areas of the main building located at 2127 E 4th St. I feet this accurately addresses the tonnage of the material currently at the site. Please keep in mind that the Iowa DNR has final say and approval that all RACM material have been removed once completed. It is understood that if additional asbestos containing material is discovered beyond what is currently identified, additional change orders may be required. We could begin work immediately upon approval by the City of Waterloo. a David Zins r President D.W. Zinser Company Inc. Page 133 of 529 CONTRACT D-2024-10-02P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No Regulated Asbestos Containing Materials (No RACM)] - 2127 E 4th Street and 123 E Parker Street This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of December 2, 2024 by and between the City of Waterloo, Iowa ("City") and D.W. Zinser Co., Inc. ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of December 2, 2024 thru May 30, 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 $339,900 as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. Page 134 of 529 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 Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with 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 Contact, 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, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 2 of 14 Page 135 of 529 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. 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. DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 3 of 14 Page 136 of 529 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. This Contract is also subject to the following additional Contract requirements: Certifications: By execution of this Agreement, the Contractor certifies that all contractors, subcontractors, and/or eligible suppliers to be used on the Project are eligible to participate in the federal Community Development Block Grant Program, and that they are not on any debarred, suspended, or ineligible list. Domestic Preference for Procurement As appropriate and to the extent consistent with law, the non-federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The requirements of this section must be included in all sub awards including all contracts and purchase orders for work or products under this award. PERSONNEL AND PARTICIPANT CONDITIONS Civil Rights Compliance The Contractor agrees to comply with Chapter 216 (State Civil Rights) of the Iowa Code and with Title VI of the Civil Rights Act of 1962 as amended Title VIII of the Civil Rights act of 1968 as amended, Section 104 (b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Order 11375, 11478,12107,and 12086. Nondiscrimination The Contractor agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations and executive orders reference in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non- discrimination provisions in Section 109 of the HCDA are still applicable. DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4`" St (St. Marys Church and School) and 123 E Parker St (St. Mary's Villa). Page 4 of 14 Page 137 of 529 Section 504 The Contractor agrees to comply with all Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973. (29 U.S.C. 794) which prohibits discrimination against individuals with disabilities or handicaps in a federally assisted program. The Contractor confirms that no otherwise qualified individual with handicaps shall, solely by reason of his/her handicap, be excused from participation in, be denied benefits of or be subjected to discrimination. This does include, but is not limited to, housing, employment and the delivery of services and programs. Affirmative Action Affirmative Action Plan The Contractor agrees that it shall be committed to carry out affirmative action marketing in keeping with the principles as provided in Presidents Executive Order 11246 of September 24, 1966. No person shall be excluded from or denied benefits of the Contractors service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however be in need of the programs provided by the Contractor. The Contractor shall comply with requirements set forth in 24 CFR 570.601. Women and Minority Owned Business Based (WBE/MBE) The Contractor will use its best efforts to afford small businesses, minority business enterprises and women's business enterprises the maximum practicable opportunity to participate in the performance of the Agreement. As used in this contract , the terms small business means a business that meets the criteria set forth in section 3(a) of the Small Business Act , as amended (15 U.S.C. 632) and minority and women's business enterprise means a business at least 51% owned and controlled by a minority group or women. Equal Opportunity and Affirmative Action Statement The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that it is an Equal Opportunity or Affirmative Action employer. Subcontract Provisions The Contractor will include the provisions of Civil Rights and Affirmative Action in every sub contract, so that such provisions will be binding upon each of its own sub -contractors. Employment Restrictions Prohibited Activity The Contractor is prohibited from using funds proved herein or personnel employed in the administration of the program for political activities; inherently religious activities; lobbying; political patronage or nepotism activities. DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4tt St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 5 of 14 Page 138 of 529 Labor Standards The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state, and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Contractor agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR 5. The Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. The Contractor agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation, or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Depaitiiient of Labor, under 29 CFR 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. See Attachment 2 for Davis -Bacon Wage information for this project. Section 3 Clause Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract shall be a condition of the Federal financial assistance provided under this contract and binding upon the City, the Contractor and any of the Contractors subcontractors. Failure to fulfill these requirements shall subject the City, the Contractor, and any of the Contractor's subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Contractor certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Contractor further agrees to comply with these Section 3 requirements and to include the following language in all subcontracts executed under this Agreement: The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located. The Contractor further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 6 of 14 Page 139 of 529 hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Contractor certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. See Attachment 1 for full Section 3 Contract Requirements. Subcontracts The Contractor will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the City. The Contractor will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Conduct Assignability The Contractor shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Hatch Act The Contractor agrees that no funds provided, nor personnel employed under this Agreement, shall in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. Conflict of Interest The Contractor agrees to abide by the provisions of 2 CFR 200 and 570.611, which include (but are not limited to) the following: The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees, or agents engaged in the award and administration of contracts supported by Federal funds. DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4`" St (St. Marys Church and School) and 123 E Parker St (St. Mary's Villa). Page 7 of 14 Page 140 of 529 No employee, officer, or agent of the Contractor shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the City, the Contractor, or any designated public agency. Lobbying The Contractor hereby certifies that: No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise therefrom. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with review, approval, or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Agreement, while in office and for one year after holding the position. No federal funds appropriated under this Agreement shall be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence a member of Congress an officer or employee of Congress or any federal agency in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract , loan, grant or Agreement Copyright If this agreement results in any copyrightable material or inventions, the City reserves the right to royalty- free, nonexclusive and irrevocable license to reproduce, publish, or other wise use and to authorize others to use, the work or materials for governmental purposes. Religious Activities The Contractor agrees that funds provided under this Agreement will not utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction or proselytization. ENVIRONMENTAL CONDITIONS Air and Water DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Marys Church and School) and 123 E Parker St (St. Mary's Villa). Page 8 of 14 Page 141 of 529 The Contractor agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: Clean Air Act, 42 U.S.C., 7401, et seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; Environmental Protection Agency (EPA) regulations pursuant to 40 CFR 50, as amended. Lead -Based Paint The Contractor shall comply with requirements of the Federal regulations concerning the Lead -Based Paint Poisoning Prevention Act and HUD regulations there under: Department of Housing and Urban Development (24 CFR Part 35) Requirements for Notification, Evaluation and Reduction of Lead -Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance, and Environmental Protection Agency (40 CFR Part 745) Lead; Requirements for Hazard Education before Renovation of Target Housing. Historic Preservation The Contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. Failure to complete Historic Preservation Review prior to any choice limiting actions on the project will result in the project being ineligible for reimbursement. Environmental Review The Contractor shall comply with all applicable environmental review requirements of HUD. The City shall prepare and submit the environmental review. Upon completion of the review the Contractor will be notified when the project may proceed. Failure to complete an Environmental Review prior to any choice limiting actions on the project will result in the project being ineligible for reimbursement. SEVERABILITY If one or more of the provisions contained in this Agreement are held to be invalid, illegal or unenforceable, the provisions of this Agreement shall be deemed severable and the remainder of the Agreement shall remain in full force and effect. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP The City shall not be liable to the Contractor, or to any party, for completion of or failure to complete any improvements which are part of the Project. Nothing contained in this Agreement, nor any act or omission of the City or the Contractor, shall be construed to create any special duty, relationship, third - party beneficiary, respondent superior, limited or general partnership, joint venture, or any association by reason of the Contractor involvement with the City. DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4m St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 9 of 14 Page 142 of 529 RESPONSIBILITY FOR PROGRAM REGULATIONS The Contractor is responsible for all regulations contained in 24 CFR Part 570 as it may be amended from time to time. The City shall attempt to forward copies of the updated regulations as they become available, however, the Contractor shall be ultimately responsible for securing said updates. Build America, Buy America Act The Contractor shall comply with the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (IIJA), Pub.L 177-58. In general this states that all products must meet BABA requirements. The Contractor shall include Manufacturer's Certification for BABAA requirements with all applicable submittals. If a specific manufacture is used in the bidding, a statement that the manufacturer will comply with BABAA must be included in the bid submission. Installation of materials or products that are not compliant with BABAA requirements shall be considered defective work. Contractor should ensure that all materials has an approved Manufacturer's Certification or waiver prior to items being delivered to the project site. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: lr 1 Quentin Hart, Mayor Attest: elley F:j hle, City Clerk D.W. ZINSER COMPANY, INC Brent Tegels DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 10 of 14 Page 143 of 529 ATTACHMENT 1 SECTION 3 CONTRACT REQUIREMENTS [24 CFR 75] (24 CFR 75 is applicable to HUD -funded projects awarded ON or AFTER to November 30, 2020) 1. Section 3 of the Housing and Urban Development Act of 1968: The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by the U.S. Department of Housing and Urban Development (HUD) assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2. Contractor Certification of Compliance: The parties to this contract agree to comply with HUD's regulations in 24 CFR 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the 24 CFR 75 regulations. 3. Contract Language Requirement: The contractor agrees to include this Section 3 Contract Requirements clause in every sub -contract subject to compliance with regulations in 24 CFR 75, and agrees to take appropriate action, as provided in an applicable provision of the sub -contractor in this Section 3 Contract Requirements clause, upon a finding that the sub -contractor is in violation of the regulations in 24 CFR 75. The contractor will not sub -contract with any subcontractor where the contractor has notice or knowledge that the sub -contractor has been found in violation of the regulations in 24 CFR 75. 4. Contracting Requirements: To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, the CDBG Grantee and contractors and sub -contractors for the CDBG project shall ensure contracts and sub -contracts for work awarded in connection with the project are awarded to business concerns that provide economic opportunities to Section 3 Workers; and where feasible in the following order of priority: (1) Section 3 Business concerns that provide economic opportunities to Section 3 Workers residing within the metropolitan area (or nonmetropolitan county) in which the HUD funded assistance is provided/in which the HUD funded/CDBG project is occurring; and (2) YouthBuild programs. 5. Employment and Training Requirements: To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, the CDBG Grantee and contractors and sub- contractors for the CDBG project shall ensure employment and training opportunities generated in connection with the project are filled by Section 3 Workers; and where feasible, in the following order of priority: (1) low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the CDBG assistance is expended (i.e., in which the CDBG project is occurring); and (2) participants in YouthBuild programs. 6. Section 3 Definitions [24 CRF 75]: Definitions for Section 3 terms per 24 CFR 75 are as follows: Section 3 Worker: An employee who currently fits (if hired more than five (5) years before starting work on the CDBG project), or fit at the time of hire (if hired within five (5) years of starting work on the CDBG project), at least one (1) of the following categories: (1) is employed by a Section 3 Business concern; or (2) is a low- or very low-income resident (i.e., a local person living within the Section 3 service area as defined in 24 CFR 75.5, with an individual annualized income at the time of hire (if hired within five (5) years of starting work on the CDBG project), or currently as of date of starting work on the project (if hired more than five (5) years before starting work on the CDBG project) that was/is at or below the low income (80%) threshold established by HUD for a Family of 1 for the county in which the person lives) [Note: The HUD income threshold must be from the HUD Income Limits for the CDBG program that are in effect at the time of hire (if hired within five (5) DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 11 of 14 Page 144 of 529 years of starting work on the CDBG project), or currently in effect as of the date the worker started work on the CDBG project (if hired more than five (5) years prior to starting work on the CDBG project). The HUD Income Limits are updated annually, typically in March or April.]; or (3) is a YouthBuild participant. Targeted Section 3 Worker: An employee who is employed by a Section 3 Business concern; or who currently fits (or when hired fit) at least one (1) of the following categories as documented within the past five (5) years: (1) lives/lived within the Section 3 service area or the neighborhood of the CDBG project as defined in 24 CFR 75.5; or (2) is a YouthBuild participant. Section 3 Business concern: A business that fits at least one (1) of the following categories: (1) 51% or more owned by low- or very low-income persons; or (2) 75% or more of the labor hours are performed by low- or very low-income persons; or (3) 51% or more owned by current residents of public housing or Section 8-assisted housing. Section 3 Service Area: An area within one (1) mile of the CDBG project's location (i.e., street address); or an area within a circle centered around the CDBG project site that encompasses 5,000 people [if less than 5,000 people live within a one (1) mile radius of the CDBG project site]. 7. Reporting Labor Hours: CDBG Grantee and contractors and sub -contractors for the CDBG project shall report all worker (see exception on next page)* labor hours on the project as follows: (1) the total number of labor hours worked; (2) the total number of labor hours worked by Section 3 Workers; and (3) the total number of labor hours worked by Targeted Section 3 Workers. The labor hours reported shall include the total number of labor hours worked on the financially assisted project by workers employed by the CDBG Grantee, and employed by their contractors and sub -contractors, during the reporting period specified by HUD and the State CDBG Program. The labor hours reported may be based on the employer's good faith assessment of the labor hours of a full-time or part-time employee informed by the employer's existing salary or time and attendance based payroll systems, unless the project or activity is otherwise subject to requirements specifying time and attendance reporting. [Note: Construction contractors required to maintain certified payroll records to meet federal labor standards requirements shall report actual work hours as reported on the certified payroll records.] *Exception for positions that require an advanced degree or professional certification: Reporting of hours for positions requiring an advanced degree or professional certification is not required, but the hours may be reported to demonstrate Section 3 "best efforts". The CDBG Grantee, contractors and sub -contractors may report the labor hours by Section 3 Workers and Targeted Section 3 Workers without including labor hours from employees in positions requiring an advanced degree or professional certification in the total number of labor hours worked, but if the contract covers both work requiring an advanced degree or professional certification and other work, the labor hours for the other work under the contract that are not from employees in positions requiring an advanced degree or professional certification must still be reported. 8. Section 3 Benchmarks: The HUD Section 3 Final Rule (24 CFR 75) establishes "safe harbor" benchmarks that are quantitative benchmarks and prioritized qualitative efforts that funding recipients must complete to assist low- and very low-income persons with employment and training opportunities: (1) 25% or more of all labor hours worked must be worked by Section 3 Workers; and (2) 5% or more of all labor hours worked must be worked by Targeted Section 3 Workers. If the "safe harbor" benchmarks are not met over the course of the project, then the CDBG Grantee and contractors and sub -contractors for the CDBG project shall provide evidence of completing qualitative efforts to assist low- and very low-income persons with employment and training opportunities. Supporting documentation of these completed efforts must also be maintained in the CDBG Grantee's and contractors' CDBG project files, to be made available upon request for monitoring purposes. DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 12 of 14 Page 145 of 529 9. Demonstrating Best Efforts: When the Section 3 benchmarks are not met, the CDBG Grantee and contractors and sub -contractors for the CDBG project shall demonstrate and report qualitative efforts made in an attempt to meet the benchmarks, which may include but are not limited to the following: (1) Engage in outreach efforts to generate job applicants who are Targeted Section 3 Workers. (2) Provide training or apprenticeship opportunities. (3) Provide technical assistance to help Section 3 Workers compete for jobs (e.g., resume assistance, coaching). (4) Provide or connect Section 3 Workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services. (5) Hold one or more job fairs. (6) Provide or refer Section 3 Workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care). (7) Provide assistance to Section 3 Workers to apply for/or attend community college, a four-year educational institution, or vocational/technical training. (8) Assist Section 3 Workers to obtain financial literacy training and/or coaching. (9) Engage in outreach efforts to identify and secure bids from Section 3 Business concerns. (10) Provide technical assistance to help Section 3 Business concerns understand and bid on contracts. (11) Divide contracts into smaller jobs to facilitate participation by Section 3 Business concerns. (12) Provide bonding assistance, guaranties, or other efforts to support viable bids from Section 3 Business concerns. (13) Promote use of business registries designed to create opportunities for disadvantaged and small businesses. (14) Conduct outreach, engagement, or referrals with the state one -stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. 10. Recordkeeping & Reporting: The CDBG Grantee and contractors and sub -contractors for the CDBG project shall maintain all records demonstrating compliance with 24 CFR 75, including contracting information and documents, worker income certifications (for Section 3 Worker status determinations), and worker labor hours on CDBG project; and provide data and reporting documents as requested and required by the State CDBG Program and/or HUD. Grantee and contractor records may be monitored for compliance by the State CDBG Program and/or HUD. 11. Non -Compliance: Non-compliance with HUD's regulations in 24 CFR 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 12. Indian Housing Assistance Project Specifications: With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self - Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible: (i) preference and opportunities for training and employment shall be given to Indians; and (ii) preference in the award of contracts and sub -contracts shall be given to Indian organizations and Indian -Owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). ** This language is required to be included in contracts and sub -contracts for a HUD funded project that are funded in whole or in part with the federal dollars, and the CDBG/HUD Funded Award to the Grantee is greater than $200,000 and awarded 11/30/2020 or later, and the CDBG/HUD Funded Project includes construction (including building/structural rehabilitation) and/or demolition activities. CDBG projects awarded on or after 11/30/2020, for which the CDBG/HUD funded Award is less than $200,000 and/or for which Planning, Public Services, or Financial Assistance (e.g., loans for economic development) are the only activities, with no construction and no demolition in the project scope of work, are not subject to these Section 3 requirements and reporting. Insertion of this Section 3 DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 13 of 14 Page 146 of 529 Clause is strongly recommended to be included in ALL contracts and sub -contracts for a HUD funded project that is subject to Section 3 requirements, regardless of the funding source for the specific contract, to help avoid issues with compliance and reporting later in the project cycle if the funding source changes. All subcontractors of a prime contractor that is funded in whole or in part with CDBG/HUD funding are subject to the same Section 3 requirements as the prime contractor. DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4t'' St (St. Mary's Church and School) and 123 E Parker St (St. Marys Villa). Page 14 of 14 Page 147 of 529 ATTACHMENT 2 "General Decision Number: IA20240025 07/26/2024 Superseded General Decision Number: IA20230025 State: Iowa Construction Type: Residential Counties: Black Hawk, Bremer and Grundy Counties in Iowa. RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories). Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (1) . !If the contract is entered into on or after January 30, 2022, or the contract is I renel-Jed or extended (e,g, option is exercised) on or !after January 30, 2022: Executive Order 14026 generally applies to the contract. , an ]. The contractor must pay all covered workers at least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in2024. 7 Ifthe contract was awarded on . Executive Order 13658 for between January 1, 2015 andl generally applies to the 'January 29, 2022, and the (contract is not renewed or ] extended on or after January ]30,2022: contract. I. The contractor must pay alll covered workers at least I $12.90 per hour (or the I applicable wage rate listed! on this wage determination, if it is higher) for all hours spent performing on that contract in 2024. 1 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of 1 ork on the contract does not appear on this 1-Jage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number 1 2 3 4 5 6 BRIA0003-026 05/01/2024 Publication Date 01/05/2024 03/01/2024 05/17/2024 06/14/2024 07/12/2024 07/19/2024 07/26/2024 Rates Fringes BRICKLAYER „ $ 30.00 19.17 Page 148 of 529 CARP0678-003 05/01/2024 Rates Fringes Page 149 of 529 CARPENTER, , , , , , , .. $ 28, 25 * ELECO288 00106/03/2024 23.95 Rates Fringes ELECTRICIAN., ... •--•_•_•._•.,,...$ 35.39 15.59 ENGI0234-009 05/01/2024 Rates Fringes Pm,ier equipment operators: CLASS 1 •... ,,.••• •.•-•$ 36.75 17.90 CLASS 2 •• $ 35.37 17.90 CLASS 3 ... , .• • $ 33.04 17.90 Pm•JER EQUIPMENT OPERATORS CLASSIFICATIONS CLASS 1 Backhoe (1 cy and over); Excavator CLASS 2 - Backhoe (under 1 cy) ; Bulldozer; Grader/Blade; Loader; Scraper CLASS 3 - Bobcat/Skidsteer/Skid Loader; Rollers LA300043-009 05/01/2023 BLACK HAI K COUNTY Rates Fringes LABORER Common or General, Mason Tender - Brick, Mason Tender -Concrete, Pipelayer ,$21.00 15.62 LAB00043-017 05/01/2023 BREMER COUNTY Rates Fringes LABORER Common or General, Mason Tender - Brick, Mason Tender - Concrete, Pipelayer $ 23.88 17.35 LAB00177-005 05/01/2024 GRUNDY COUNTY Rates Fringes LABORER Common or General, Mason Tender - Brick, Mason Tender - Concrete, Pipelayer $ 28.61 16.80 PLAS0021-002 05/01/2018 Rates Fringes CEMENT MASON/CONCRETE FINISHER. ..$ 26.67 15.70 R00F0182-008 05/01/2024 Rates ROOFER,,,,,,,,,,,,,,,,, , , , ,,,,, $ 29,28 Page 150 of 529 TEAM0238-002 05/01/2024 Fringes 17.53 TRUCK DRIVER Dump Truck Rates Fringes $32.66 17.17 Page 151 of 529 Lm-iboy Truck $ 32.81 * SUIA2008-022 09/05/2008 17.17 Rates SHEETMETAL WORKER $ 15.04 ** Fringes 3.82 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17 .20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum ilage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, area party. Note: Executive Order (ED) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for llhich the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the ED, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person llho is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the ED is available at https://www,dol.gov/agencies/llhd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after allard only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers'" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "" SU"" or ""UAVG""denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, llhich in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Page 152 of 529 Classifications listed under the""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CSA rate of the union locals from 1. ihich the rate is based. State Adopted Rate Identifiers Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under29C,F.R +1.3(g)-(h). Example : SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: k*an existing published wage determination a survey underlying a 1-iage determination a t.Jage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be 1>Jith the \ . Jage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be follm>Jed. t.Jith regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations t.Jage and Hour Division U.S. Department of Labor 200Constitution Avenue, N.W. Washington, DC 20210 2.) Ifthe ansi.,er to the question in 1.)is yes, then an Page 153 of 529 interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . \, Jrite to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.H. Washington, DC 20210 The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Revie\<J Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200Constitution Avenue, N.H. Jashington, DC20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- END OF GENERAL DECISION" Page 154 of 529 Facility Name/Site Location Former St. Mary's Waterloo Inspected By: Travis Haas Sample No Material Color Location Current Condition Results R1925-1 TSI Brown Rectory building exterior pile Damaged 20% R1925-2 TSI Brown Rectory building exterior pile Damaged 20% R1925-3 TSI Brown Rectory building interior basement Good 20% R1925-4 Plaster/Paint Grey/White Basement interior hallway rectory Damaged 0%, 0% R1925-5 Plaster/Paint Grey/White Basement interior hallway rectory Damaged 0%, 0% R1925-6 Plaster/Paint Grey/White Basement room in rectory Damaged 0%, 0% R1925-7 Tar Black Debris section SW corner of school believed to be upper parapet wall Damaged 0% R1925-8 Tar Black Debris section SW corner of school believed to be upper parapet wall Damaged 0% R1925-9 Tar Black Debris section SW corner of school believed to be upper parapet wall Damaged 0% R1925-10 Tar Black Debris section SW corner of school believed to be upper parapet wall Damaged 0% R1925-11 Tar Black Debris section SW corner of school believed to be upper parapet wall Damaged 0% R1925-12 Chalk Boards Black Class rooms by W 4th St Damaged 0% R1925-13 Chalk Boards Black Class rooms by W 4th St Damaged 0% R1925-14 Flashing Black Lower room, NW corner Gravel stop Good 15%, 0% R1925-15 Flashing Black Lower room, NW corner Gravel stop Good 15%, 0% R1925-16 Field Black Lower room, NW corner Gravel stop Good 0% R1925-17 Field Black Lower room, NW corner Gravel stop Good 0% R1925-18 Tar Black Tar on parpet wall SE pile Good 10% R1925-19 Tar Black Tar on parpet wall SE pile Good 10% R1925-20 Insulation Grey/White Attic insulation Good 0% R1925-21 Mag block White In pile SW debris pile Sign. Damaged 8%/7% R1925-22 Mag block White In pile SW debris pile Sign. Damaged 8%/7% R1925-23 Mag block Whtie In pile SW debris pile Sign. Damaged 8%/7% Sample 21, 22, 24 Amosite and Chrysotile Page 155 of 529 EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0324712 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 Client: ADVANCED ENVIRONMENTAL Job# / P.O. #: 25-29491 Address: 803 RICKER ST Date Received: 01/13/2025 WATERLOO, IA 50703 Date Analyzed: 01/13/2025 Collected: 01/09/2025 Date Reported: 01/13/2025 Project Name: FORMER ST. MARY'S Submitted By: TRAVIS HAAS Address: Collected By: EPA Method: 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 0324712-001 RECTORY TSI, Brown R1925-1 BUILDING Yes Chrysotile 20% Cellulose Fiber 70% Synthetic Fiber 5% Carbonates Non -Fibrous Binder/Filler 5% 0324712-002 RECTORY TSI, Brown R1925-2 BUILDING Yes Chrysotile 20% Cellulose Fiber 70% Synthetic Fiber 5% Carbonates Non -Fibrous Binder/Filler 5% 0324712-003 RECTORY R1925-3 BUILDING INTERIOR BASEMENT TSI, Brown Yes Chrysotile 20% Cellulose Fiber 70% Synthetic Fiber 5% Carbonates Non -Fibrous Binder/Filler 5% 0324712-004 BASEMENT R1925-4 INTERIOR HALLWAY RECTORY LAYER 1 No None Detected Plaster -Scratch Coat, Gray LAYER 2 No None Detected Plaster -Finish Coat, White Quartz Gypsum Non -Fibrous Binder/Filler 100% Quartz Gypsum Non -Fibrous Binder/Filler 100% Page 1 of 6 Page 156 of 529 EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0324712 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 Client: ADVANCED ENVIRONMENTAL Job# / P.O. #: 25-29491 Address: 803 RICKER ST Date Received: 01/13/2025 WATERLOO, IA 50703 Date Analyzed: 01/13/2025 Collected: 01/09/2025 Date Reported: 01/13/2025 Project Name: FORMER ST. MARY'S Submitted By: TRAVIS HAAS Address: Collected By: EPA Method: 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 0324712-005 BASEMENT R1925-5 INTERIOR HALLWAY RECTORY LAYER 1 No None Detected Plaster -Scratch Coat, Gray LAYER 2 No None Detected Plaster -Finish Coat, White Quartz Gypsum Non -Fibrous Binder/Filler 100% Quartz Gypsum Non -Fibrous Binder/Filler 100% 0324712-006 BASEMENT ROOM LAYER 1 R1925-6 IN RECTORY Plaster -Scratch Coat, Gray No None Detected LAYER 2 No None Detected Plaster -Finish Coat, White Quartz Gypsum Non -Fibrous Binder/Filler 100% Quartz Gypsum Non -Fibrous Binder/Filler 100% 0324712-007 DEBRIS SECTION Tar, Black R1925-7 SW CORNER OF SCHOOL No None Detected Fibrous Glass <1 % Carbonates Quartz Non -Fibrous Binder/Filler 99% Page 2 of 6 Page 157 of 529 EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0324712 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 Client: ADVANCED ENVIRONMENTAL Job# / P.O. #: 25-29491 Address: 803 RICKER ST Date Received: 01/13/2025 WATERLOO, IA 50703 Date Analyzed: 01/13/2025 Collected: 01/09/2025 Date Reported: 01/13/2025 Project Name: FORMER ST. MARY'S Submitted By: TRAVIS HAAS Address: Collected By: EPA Method: 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 0324712-008 DEBRIS SECTION Tar, Black R1925-8 SW CORNER OF SCHOOL No None Detected Cellulose Fiber <1% Carbonates Quartz Non -Fibrous Binder/Filler 99% 0324712-009 DEBRIS SECTION Tar, Black R1925-9 SW CORNER OF SCHOOL No None Detected Fibrous Glass <1% Carbonates Quartz Non -Fibrous Binder/Filler 99% 0324712-010 DEBRIS SECTION Tar, Black R1925-10 SW CORNER OF SCHOOL No None Detected Carbonates Quartz Non -Fibrous Binder/Filler 100% 0324712-011 DEBRIS SECTION Tar, Black R1925-11 SW CORNER OF SCHOOL No None Detected Fibrous Glass Cellulose Fiber 1% <1% Carbonates Quartz Non -Fibrous Binder/Filler 98% 0324712-012 CLASS ROOMS BY Chalk Board, Gray R1925-12 W 4TH ST No None Detected Carbonates Gypsum Quartz Non -Fibrous Binder/Filler 100% Page 3 of 6 Page 158 of 529 EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0324712 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 Client: ADVANCED ENVIRONMENTAL Job# / P.O. #: 25-29491 Address: 803 RICKER ST Date Received: 01/13/2025 WATERLOO, IA 50703 Date Analyzed: 01/13/2025 Collected: 01/09/2025 Date Reported: 01/13/2025 Project Name: FORMER ST. MARY'S Submitted By: TRAVIS HAAS Address: Collected By: EPA Method: 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 0324712-013 CLASS ROOMS BY Chalk Board, Gray No None Detected R1925-13 W 4TH ST Carbonates Gypsum Quartz Non -Fibrous Binder/Filler 100% 0324712-014 LOWER ROOM, NW LAYER 1 Yes Chrysotile 15% R1925-14 CORNER GRAVEL Flashing, Gray STOP LAYER 2 No None Detected Tar Paper, Black Carbonates Quartz Non -Fibrous Binder/Filler 85% Fibrous Glass 35% Carbonates Quartz Non -Fibrous Binder/Filler 65% 0324712-015 LOWER ROOM, NW LAYER 1 R1925-15 CORNER GRAVEL Flashing, Gray STOP Yes Chrysotile 15% LAYER 2 No None Detected Tar Paper, Black Carbonates Quartz Non -Fibrous Binder/Filler 85% Fibrous Glass 35% Carbonates Quartz Non -Fibrous Binder/Filler 65% Page 4 of 6 Page 159 of 529 EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0324712 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 Client: ADVANCED ENVIRONMENTAL Job# / P.O. #: 25-29491 Address: 803 RICKER ST Date Received: 01/13/2025 WATERLOO, IA 50703 Date Analyzed: 01/13/2025 Collected: 01/09/2025 Date Reported: 01/13/2025 Project Name: FORMER ST. MARY'S Submitted By: TRAVIS HAAS Address: Collected By: EPA Method: 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 0324712-016 LOWER ROOM, NW Field Tar, Black R1925-16 CORNER GRAVEL STOP No None Detected Fibrous Glass Synthetic Fiber 15% 5% Carbonates Quartz Non -Fibrous Binder/Filler 80% 0324712-017 LOWER ROOM, NW Field Tar, Black R1925-17 CORNER GRAVEL STOP No None Detected Fibrous Glass 20% Carbonates Quartz Non -Fibrous Binder/Filler 80% 0324712-018 R1925-18 Tar, Black Yes Chrysotile 10% Carbonates Quartz Non -Fibrous Binder/Filler 90% 0324712-019 R1925-19 Tar, Black Yes Chrysotile 10% Carbonates Quartz Non -Fibrous Binder/Filler 90% 0324712-020 Insulation, Gray/ White No None Detected R1925-20 Cellulose Fiber 98% Gypsum Non -Fibrous Binder/Filler 2% Page 5 of 6 Page 160 of 529 EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0324712 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 Client: ADVANCED ENVIRONMENTAL Job# / P.O. #: 25-29491 Address: 803 RICKER ST Date Received: 01/13/2025 WATERLOO, IA 50703 Date Analyzed: 01/13/2025 Collected: 01/09/2025 Date Reported: 01/13/2025 Project Name: FORMER ST. MARY'S Submitted By: TRAVIS HAAS Address: Collected By: EPA Method: 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 0324712-021 R1925-21 Mag Block, White Yes Amosite 8% Chrysotile 7% Carbonates Gypsum Quartz Non -Fibrous Binder/Filler 85% 0324712-022 R1925-22 Mag Block, White Yes Amosite 8% Chrysotile 7% Carbonates Gypsum Quartz Non -Fibrous Binder/Filler 85% 0324712-023 R1925-23 Mag Block, White Yes Amosite 8% Chrysotile 7% Carbonates Gypsum Quartz Non -Fibrous Binder/Filler 85% Analyst - Matt Kettler Signatory - Lab Director - Kurt Kettler Distinctly stratified, easily separable layers of samples are analyzed as subsamples of the whole and are reported separately for each discernible layer. All analyses are derived from calibrated visual estimate and measured in area percent unless otherwise noted. The report applies to the standards or procedures identified and to the sample(s) tested. The test results are not necessarily indicative or representative of the qualities of the lot from which the sample was taken or of apparently identical or similar products, nor do they represent an ongoing quality assurance program unless so noted. This report is for the exclusive use of the addressed client and will not be reproduced wholly or in part for advertising or other purposes over our signature or in connection with our name without special written permission. The report shall not be reproduced except in full, without written approval by our laboratory. The samples not destroyed in testing are retained a maximum of sixty days. The laboratory measurement of uncertainty for the test method is approximately less than 1 by area percent. Accredited by the National Institute of Standards and Technology, Voluntary Laboratory Accreditation Program for selected test method(s) for asbestos. The accreditation or any reports generated by this laboratory in no way constitutes or implies product certification, approval, or endorsement by the National Institute of Standards and Technology. The report must not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal Government. Page 6 of 6 Page 161 of 529 JOB#: 25-29491 NAME: Sample R1725-1: West building pipe insulation from demolished portion of building positive for asbestos. Pipe insulation found in debris pile. Former St. Mary's Sample R1725-2: Pipe insulation from West building in demolished part of building positive for asbestos Sample R1725-3: Pipe insulation from interior of building, basement positive for asbestos. Taken from West addition not demolished yet. Page 162 of 529 Sample R1725-4: Plaster (paint) ceiling in basement negative for asbestos from West building. Sample R1725-6: Plaster (paint) from west building basement negative for asbestos. Sample R1725-5: Plaster (paint) ceiling in basement negative for asbestos from West building. Painted plaster ceiling in basement of West building negative for asbestos. Page 163 of 529 Sample R1925-7: Tar on parapet wall, (debris) from SW addition, from larger building negative for asbestos. Sample R1925-9: Tar on parapet wall, (debris) from SW addition from larger building negative for asbestos. Sample R1925-8: Tar on parapet wall, (debris) from SW addition from larger building negative for asbestos. Sample R1925-10: Tar on parapet wall, (debris) from SW addition from larger building negative for asbestos. Page 164 of 529 Sample R1925-11: Tar on parapet wall, (debris) from SW addition from larger building negative for asbestos. Sample R1925-13: Chalk boards from SE classrooms larger building negative for asbestos. Sample R1925-12: Chalk boards from SE classrooms larger building negative for asbestos. Sample R1925-14: Flashing from lower NW roof positive for asbestos. Page 165 of 529 Sample R1925-15: Flashing from lower NW roof, larger building, positive for asbestos. Sample R1925-17: Field from NW lower roof, larger building, negative for asbestos. Sample R1925-16: Field from NW lower roof, larger building, negative for asbestos NW lower room, larger building, flashing positive for asbestos. Page 166 of 529 Sample R1925-18: Tar on brick in SE debris pile positive for asbestos. (Believed to be from upper parapet wall, but unsure). Only one small section of brick found. Sample R1925-21: Mag pipe from SW addition of the larger building positive for asbestos. Sample R1925-19: Tar on brick in SE debris pile positive for asbestos. (Believed to be from upper parapet wall, but unsure). Only one small section of brick found. Mag pipe from SW addition of the larger building positive for asbestos. Page 167 of 529 Sample R1925-22: Mag pipe in SW addition of larger building positive for asbestos. Mag pipe in debris pile SW addition of larger building. Sample R1925-23: Mag pipe debris from SW addition of larger building positive for asbestos. Page 168 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department AGENDA ITEM TITLE MEETING DATE February 3, 2025 Resolution approving award of hotel/motel tax council discretionary funds to Main Street Waterloo in the amount of $15,000.00, for downtown beautification. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The Downtown Beautification project seeks funding to purchase additional planter boxes, seasonal flowers, and new holiday lights for the light poles. These improvements create a visually appealing downtown district that attracts residents, visitors, potential businesses and supports tourism year- round. A beautiful downtown enhances the quality of life, fosters community pride, and contributes to economic development by drawing tourists to local businesses and events, encouraging longer stays and repeat visits, and enhancing the overall experience, making downtown a preferred destination. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 169 of 529 ATTACHMENTS 1 Council HM Discr Grant Appl 2. Attached answers submitted 3. Grant -Budget 4. FW-9 Updowntowners 5. Tax Exempt Letter 6. Up Downtowners Determination Letter Page 170 of 529 Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Main Street Waterloo Name of facility/project Downtown Beautification Contact person Jessica Rucker Email director@mainstreetwaterloo.org Address of organization or person completing application: Street 512 Mulberry St City Waterloo State IA Zip 50703 Phone 319-291-2038 Fax: 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. b) Please be specific how the grant monies will be used in the overall project. See attached Page 171 of 529 3. What is the mission of your organization? See attached 4. How long has your organization been in existence? See attached 5. How many staff members and/or volunteers are involved in this organization and the project? See attached 6. Please indicate all the categories that your projects supports: Category 1 — Supports tourism and heads on beds Category 2 — Supports and assists community events Category 3 — Brings people downtown Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. See attached 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. See attached Page 172 of 529 9. Give an estimate of how you plan to measure the success of the project. See attached 10. Describe specifically how the proposed project will be marketed. See attached 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. See attached 12. Please include in your submitted materials: �3ax exempt status -9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be' specific. ****************************************************************************>;******* BUDGET SUMMARY: Total Project Cost $35,368.83 Additional Funding Sources $3,875 In -Kind Services $16,493.83 Hotel/Motel Tax Grant Request $ 15,000 Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. Signature of Applicant Date Page 173 of 529 Page 174 of 529 Attached answers for: Main Street Waterloo 512 Mulberry St Waterloo, IA 50703 director@mainstreetwaterloo.org 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger b) Please be specific how the grant monies will be used in the overall project Imagine walking through downtown Waterloo, greeted by vibrant planter boxes overflowing with colorful flowers in the spring and summer months. These planters, strategically placed throughout 4th St, transform the main corridor into a garden -like setting, inviting people to stroll, shop, and dine. In the winter, festive holiday lights adorn the light poles, creating a magical and welcoming atmosphere that attracts families, visitors, and shoppers to celebrate the season. This beautification project is designed to create a visually stunning and enjoyable experience for everyone who visits or lives in Downtown Waterloo. By enhancing the downtown district, we aim to enhance downtown as a destination where people want to return to time and again. The Downtown Beautification project seeks funding to purchase additional planter boxes, seasonal flowers, and new holiday lights for the light poles. These improvements create a visually appealing downtown district that attracts residents, visitors, potential businesses and supports tourism year-round. A beautiful downtown enhances the quality of life, fosters community pride, and contributes to economic development by drawing tourists to local businesses and events, encouraging longer stays and repeat visits, and enhancing the overall experience, making downtown a preferred destination. The grant dollars will enable us to expand the number of planter boxes placed along the 4th St corridor through downtown to enhance the area's visual appeal. $6,400 will be used to purchase eight (8) additional weather -resistant planter boxes. The 18 planter boxes will be strategically placed along 4th St to ensure maximum impact and visibility, enhancing the overall streetscape. By switching to planters from hanging baskets, we address the challenge of limited volunteers and reduce the maintenance burden, as planters require less frequent watering while still beautifying downtown. $2,500 will cover the cost of purchasing seasonal flowers and their installation from May through September. This includes soil, fertilizer, and maintenance to keep the flowers healthy and vibrant throughout the growing season. The flower selection will include a mix of Petunias, Vinca Vine, and Lavender for a colorful and visually appealing display. $6,100 will be dedicated to upgrading and installing energy -efficient holiday lights for the light poles. These lights will create a festive ambiance during the winter months, drawing visitors and supporting local businesses. Page 175 of 529 Main Street Waterloo will work with volunteers, sponsors, and city partners to ensure the ongoing maintenance of these enhancements. Future funding strategies include sponsorship opportunities and personal donations to sustain the program long term. The Downtown Beautification Project directly aligns with the City of Waterloo's 2030 Vision Plan and the Power Up Downtown initiative. Power Up Downtown is a strategic effort to ensure that Waterloo's core downtown evolves to meet the needs of future generations by supporting and showcasing arts and cultural opportunities while creating a one -of -a -kind experience for residents and visitors alike. This initiative fosters a vibrant, attractive downtown by engaging artists, improving public spaces, and enhancing lighting for increased safety, making the area more colorful and lively. A thriving downtown is not only a cultural and social hub, but it is also critical for economic growth, making it a place where businesses want to locate, residents want to live, and visitors want to explore. Downtown Waterloo is a hub for visitors exploring the city's historic charm, unique shops, restaurants, and cultural events. Beautification efforts directly impact tourism by making the area more appealing to event visitors, out-of-town guests, and creating photo opportunities amplifying Waterloo's appeal as a tourist destination. Beautification projects contribute to the vibrant downtown where residents feel proud and engaged. This project will enhance walkability and overall downtown experience, support downtown businesses by increasing foot traffic, and create a sense of place where there is community pride and connections. Investing in beautification efforts like this project aligns with the City's goals by creating a visually appealing and welcoming downtown district that encourages walkability, supports tourism, and improves the overall quality of life. By ensuring downtown remains a destination that people want to visit and return to, we contribute to its long-term success and sustainability. 3. What is the mission of the organization: Main Street Waterloo is dedicated to maintaining and enhancing the vitality of our downtown center. 4. How long has your organization been in business: 29 years 5. How many staff members and/or volunteers are involved in this organization and the project: 2 full time staff, 2 interns, 150+ regular volunteers, work with about 300 unique volunteers each year 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. This beautification project is designed to enhance the overall appearance and atmosphere of downtown Waterloo. Bringing the flowers from hanging baskets to street -level planters allows more people to enjoy and appreciate their beauty up close, creating a more immersive and engaging streetscape. This shift makes downtown more inviting for pedestrians, and ensures that vibrant floral displays contribute to the overall charm of the area year-round. The initiative Page 176 of 529 creates a welcoming, and visually appealing environment that encourages tourism, supports community events, attracts visitors, and improves the overall quality of life for residents. A well -maintained and attractive downtown is a key factor in drawing tourists to Waterloo. Whether they are here for business, leisure, or special events, visitors are more likely to extend their stays and return in the future when the city's core is inviting. Seasonal decorations and enhanced streetscapes create a picturesque setting that encourages exploration of local attractions, dining, and shopping, ultimately increasing hotel occupancy and boosting the local economy. Events thrive in spaces that feel welcoming and visually engaging. By investing in planter boxes and seasonal flowers, downtown Waterloo becomes a more appealing venue for events such as festivals, parades, and live music. The addition of holiday lights further enhances the festive atmosphere during winter celebrations, creating a vibrant backdrop for community gatherings and increasing event participation. These enhancements directly support event organizers and attendees by improving the overall experience. People naturally gravitate toward spaces that feel lively and well cared for. The introduction of street level flowers and seasonal decorations transforms downtown into an inviting destination that encourages foot traffic. Whether individuals are stopping by for a meal, shopping at local stores, or attending an event, the beautification efforts make downtown Waterloo a more desirable place to spend time. This leads to increased support for local businesses and a stronger downtown economy. A well -maintained downtown district enhances the everyday experience of Waterloo residents. Beautiful surroundings foster a sense of pride in the community, encourage outdoor activity, and provide spaces where people can gather, relax, and connect. The presence of thoughtfully designed planters and holiday lights helps to establish an atmosphere that reflects Waterloo's commitment to growth and vibrancy, making it a city where people enjoy living, working, and visiting. The Downtown Beautification Project is an investment in the future of Waterloo, reinforcing downtown as a premier destination for residents, businesses, and tourists. This grant will help enhance public spaces, strengthen economic activity, and contribute to a more vibrant and sustainable downtown. 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. Downtown beautification is a long term goal of Main Street Waterloo. We have been working to host projects like flowers and holiday decor for more than 20 years. With the majority of the grant funding being used to purchase durable planter boxes and holiday lights, these investments will minimize future replacement costs, reducing the need for recurring funding requests for these items. Page 177 of 529 To ensure the long-term sustainability of this project, we will continue leveraging community partnerships, business sponsorships, and individual donations to fund the flowers and maintenance each year. By engaging local stakeholders and reinforcing the value of a well -maintained downtown, we aim to build a reliable funding base that supports ongoing beautification efforts for years to come. This approach allows us to enhance our existing efforts while ensuring that downtown remains vibrant and welcoming for years to come. 9. Give an estimate of how you plan to measure the success of the project. The success of the Downtown Beautification Project is difficult to measure, but we will be able to gauge success through foot traffic, business engagement, social media activity, public engagement, additional funding support, and more. We will be able to assess whether more people are spending time downtown through pedestrian counts, increased business sales, hotel occupancy, and visitor feedback. We will survey visitors and event attendees about their time in downtown to help determine if the enhanced streetscape contributes to a more positive experience. We will also gather input from business owners, residents, and event organizers to provide insight into the perceived impact of the project on the overall appeal of the area. We will track social media posts, shares, and comments about downtown's appearance, particularly during key seasons, which can provide a gauge of public appreciation and excitement. Continued interest from sponsors and donors in supporting the beautification project demonstrates its value and sustainability in the community. By evaluating these factors, we can ensure the project continues to enhance the vibrancy and appeal of downtown Waterloo. 10. Describe specifically how the proposed project will be marketed. The Downtown Beautification Project will be marketed through a multi -channel approach to maximize visibility and community engagement. We will promote the project through Main Street Waterloo's social media channels, sharing updates, photos, and videos of the new planters, flowers, and holiday lights. Posts will highlight the impact of beautification efforts and encourage community support. Press releases will be distributed to local news outlets, including newspapers, radio stations, and television networks, to generate awareness and showcase the project's contributions to downtown Waterloo, as well as thank those who have made these efforts possible. This will help create a sense of shared investment in downtown's appearance. Page 178 of 529 Placards will be attached to planter boxes sponsored in memory of a loved one. Signage will be added to the planters acknowledging grant support and community sponsors, increasing visibility and appreciation for the project. The project will be highlighted at major downtown events such as festivals, parades, and the holiday lighting ceremony. These events will serve as key moments to showcase the enhancements and promote their impact on downtown vibrancy. Updates will be shared through Main Street Waterloo's newsletters and emails to stakeholders, community members, and potential sponsors, keeping them informed about the project's progress and long-term goals. By using these marketing strategies, we will ensure strong community awareness, support, and appreciation for the beautification project. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. The budget for the Downtown Beautification Project is structured to maximize impact while ensuring long-term sustainability. Funding comes from multiple sources, including sponsorships, donations, in -kind volunteer contributions, and the requested Hotel/Motel Tax Grant. Income Sources: • Hotel/Motel Tax Grant: $15,000 • Sponsorships: $3,000 • Donations: $875 • In -Kind Volunteer Contributions: $16,493.83 (2024 volunteer time value $33.49/hour) Expenses: • Planter Boxes: $6,400 — Long-lasting, durable planters to replace hanging baskets, reducing maintenance needs. • Flowers, Soil & Fertilizer: $2,500 — Seasonal plantings, including petunias, vinca vine, and lavender, to ensure vibrant downtown displays. • Holiday Lights: $6,100 — New lighting for downtown light poles to enhance the festive atmosphere and attract visitors during the holiday season. • Memorial Placards: $900 — Custom recognition plaques for sponsors and donors supporting the project. • Signage: $2,700 — Informational and sponsorship signage to promote awareness and appreciation of the project. • Marketing: $275 — Promotional materials, social media campaigns, and community outreach efforts to engage and inform the public. Page 179 of 529 The requested $15,000 grant is a crucial component of the project's budget, primarily funding long-term investments such as the planter boxes and holiday lights, which will enhance downtown Waterloo for years to come. These durable items reduce the need for annual replacement costs, ensuring a more sustainable beautification effort. Additional funding from sponsorships and donations helps cover operational and promotional expenses, while the significant in -kind volunteer contributions demonstrate strong community involvement and commitment to maintaining downtown Waterloo as an inviting, vibrant space for residents and visitors alike. The requested $15,000 grant is essential to fully realizing the Downtown Beautification Project's impact. If the grant is not awarded, we will only have the current planter boxes (10-12), significantly limiting the visual enhancement of downtown. Additionally, we will not be able to purchase new holiday lights, which would reduce the festive atmosphere that attracts visitors and supports downtown events during the holiday season. Without this funding, our ability to create a welcoming and vibrant environment for residents and tourists will be greatly diminished. Page 180 of 529 Income Source Total Cash Income Total In -Kind Income Sponsorships $3,000.00 $0.00 Grants (please specify) $0.00 City Hotel/Motel Discretionary Grant $15,000.00 $0.00 Donations $875.00 $0.00 Other (please specify) $0.00 $0.00 Planter placement *City Staff *Approximately 4.5 hours *Value of volunteer time $33.49 $0.00 $150.71 Watering Volunteer Time *Water 3 times per week *2 hours per shift *21 weeks *Value of volunteer time 2024 $33.49 $0.00 $4,219.74 Flower Installation Volunteer Time *1 hour per box *21 planters *5 Volunteers *Value of volunteer time 2024 $33.49 $0.00 $3,516.45 Lights Installation Volunteer Time *5 hours *20 Volunteers *Value of volunteer time 2024 $33.49 $0.00 $3,349.00 Flower Clean Up *30 minutes per box *21 planters 5 Volunteers *Value of volunteer time 2024 $33.49 $0.00 $1,758.23 Lights Removal *5 hours *20 Volunteers *Value of volunteer time 2024 $33.49 $0.00 $3,349.00 "Planter Removal *City Staff *Approximately 4.5 hours *Value of volunteer time $33.49 $0.00 $150.71 Total Income $18,875.00 $16,493.83 Expense Description Expense Total H-M Grant Fundin Planter Boxes $6,400.00 $6,400.00 Flowers, soil, fertilizer $2,500.00 $2,500.00 Holiday Lights $6,100.00 $6,100.00 Memorial Placards $900.00 $0.00 Signage $2,700.00 $0.00 Marketing $275.00 $0.00 Totals $18,875.00 $15,000.00 Page 181 of 529 Form W-9 (Rev. March 2024) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Go to www.irs-gov/FormW9 for instructions and the latest information. Give form to the requester. Do not send to the IRS. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. co a) a 0 ao � v o Tz C N ao 2 Q. a) (n 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.) The UpDowntowners of Waterloo, Inc. 2 Business name/disregarded entity name, if different from above. Main Street Waterloo 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes. ❑ IndividuaVsole proprietor ✓❑ C corporation ❑ S corporation ❑ Partnership ❑ Trust/estate ❑ LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . . Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) 3b If on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions ❑ 5 Address (number, street, and apt. or suite no.). See instructions. 512 Mulberry St 6 City, state, and ZIP code Waterloo, IA 50703 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any) (Applies to accounts maintained outside the United States.) Requester's name and address (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. Part II Certification Social security number or Employer identification number 4 2 1 2 6 6 4 5 1 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, 9di ellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, ou are not req! r d to sig the certification, but you must provide your correct TIN See the instructions for Part II, later. Sign Signature of Here U.S. person l / Date I Qb 10/6 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. New line 3b has been added to this form. A flow -through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow -through entity in which it has an ownership interest. This change is intended to provide a flow -through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) Page 182 of 529 Page 183 of 529 INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 Date: NOV 122013 THE UP-DOWNTOWNERS OF WATERLOO INC 212 E 4TH ST WATERLOO, IA 50703 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 42-1266451 DLN: 17053308371021 Contact Person: EDWINA 0 MCCURDY ID# 31229 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170 (b) (1) (A) (vi) Form 990 Required: Yes Effective Date of Exemption: October 31, 2011 Contribution Deductibility: Yes Addendum Applies: Yes We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, for some helpful information about your responsibilities as an exempt organization. Enclosure: Publication 4221-PC Sincerely, ,t0.41) Director, Exempt Organizations Letter 947 (DO/CG) Page 184 of 529 -2- THE UP-DOWNTOWNERS OF WATERLOO INC ADDENDUM Based on the information submitted with your application, we approved your request for reinstatement under Notice 2011-44. Your effective date of exemption, as shown in the heading of this letter, is the postmark date of your application. This supersedes our letter dated January 13, 2013 , which did not include the above addendum regarding auto -revocation. Letter 947 (DO/CG) Page 185 of 529 041054 Department of the Treasury IR Internal Revenue Service Kansas City Service Center Kansas City MO 64999 UPDOWNTOWNERS OF WATERLOO INC % NICK HEDRICK 512 MULBERRY ST WATERLOO IA 50703-3527 OMB Clearance No.: 1545-0074 In reply refer to: 3552240289 Mar. 29, 2024 LTR 4168C 0 42-1266451 000000 00 00013703 BODC: TE Employer ID number: 42-1266451 Form 990 required: YES Dear Taxpayer: We're responding to your request dated Mar. 22, 2024, about your tax-exempt status. We issued you a determination letter in NOVEE4BER12 2013, recognizing you as tax-exempt under Internal Revenue Code (IRC) Section 501(c) (03). We also show you're not a private foundation as defined under IRC Section 509(a) because you're described in IRC Sections 509(a)(1) and 170(b)(1)(A)(vi). Donors can deduct contributions they make to you as provided in IRC Section 170. You're also qualified to receive tax deductible bequests, legacies, devises, transfers, or gifts under IRC Sections 2055, 2106, and 2522. In the heading of this letter, we indicated whether you must file an annual information return. If you're required to file a return, you must file one of the following by the 15th day of the 5th month after the end of your annual accounting period: - Form 990, Return of Organization Exempt From Income Tax - Form 990EZ, Short Form Return of Organization Exempt From Income Tax - Form 990-N, Electronic Notice (e-Postcard) for Tax -Exempt Organizations Not Required to File Form 990 or Form 990-EZ - Form 990-PF, Return of Private Foundation or Section 4947(a)(1) Trust Treated as Private Foundation According to IRC Section 6033(j), if you don't file a required annual information return or notice for 3 consecutive years, we'll revoke your tax-exempt status on the due date of the 3rd required return or notice. You can get IRS forms or publications you need from our website at www.irs.gov/forms-pubs or by calling 800-TAX-FORM (800-829-3676). If you have questions, call 877-829-5500 between 8 a.m. and 5 p.m., Page 186 of 529 3552240289 Mar. 29, 2024 LTR 4168C 0 42-1266451 000000 00 00013704 UPDOWNTOWNERS OF WATERLOO INC NICK HEDRICK 512 MULBERRY ST WATERLOO IA 50703-3527 local time, Monday through Friday (Alaska and Hawaii follow Pacific time). Thank you for your cooperation. Sincerely yours, j�➢Aax.an C. kS Sheralyn C. Hanks Ops. Manager, AM Ops. 3005 Page 187 of 529 IRS Department of the Treasury Internal Revenue Service 041054 Kansas City Service Center Kansas City MO 64999 041054.572119.94318.15302 1 MB 0.571 532 UPDOWNTOWNERS OF WATERLOO INC NICK HEDRICK 512 MULBERRY ST WATERLOO IA 50703-3527 CUT OUT AND RETURN THE VOUCHER IMMEDIATELY BELOW IF YOU ONLY HAVE AN INQUIRY. DO NOT USE IF YOU ARE MAKING A PAYMENT. CUT OUT AND RETURN THE VOUCHER AT THE BOTTOM OF THIS PAGE IF YOU ARE MAKING A PAYMENT, EVEN IF YOU ALSO HAVE AN INQUIRY. The IRS address must appear in the window. 3552240289 BODCD- INTERNAL REVENUE SERVICE Kansas City Service Center Kansas City MO 64999 Iiii111i1I1Ii11II11I411114HiMP,ANlI011i Td Use For inquiries only Letter Number: LTR4168C Letter Date 2024-03-29 Tax Period 000000 *****6451 UPDOWNTOWNERS OF WATERLOO INC NICK HEDRICK 512 MULBERRY ST WATERLOO IA 50703-3527 421266451 WI UPDO 00 2 000000 670 00000000000 The IRS address must appear in the window. 3552240289 BODCD- INTERNAL REVENUE SERVICE KANSAS CITY MO 64999-0204 IiHtllilluliilllillilillluliliHiliIliliuulilliillllilIliHliii Use for payments Letter Number: LTR4168C Letter Date : 2024-03-29 Tax Period : 000000 u *****6451 d UPDOWNTOWNERS OF WATERLOO INC NICK HEDRICK 512 MULBERRY ST WATERLOO IA 50703-3527 421266451 WI UPDO 00 2 000000 670 00000000000 Page 188 of 529 Page 189 of 529 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE February 3, 2025 AGENDA ITEM TITLE Resolution approving award of hotel/motel tax council discretionary funds to Waterloo Center for the Arts in the amount of $15,000.00, for the Chroma63 Festival Start Up Project. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This project is to establish a free, open-air music and arts festival hosted in downtown Waterloo during the summer, a scenic, high -travel month time of year while activating one of the City of Waterloo's beautiful place -making attractions at the RiverLoop Amphitheatre and Arts Mall. Live music and Art are the centerpiece of this new music festival, Chroma63, that will showcase local and regional music and spotlight the talent of local artists and makers in Waterloo and surrounding areas. A key intention of this festival is to showcase and support the local arts economy, opening up a space for artists to display and sell goods and for musicians to sell merchandise and expand their audience through their performances. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 190 of 529 LEGAL DESCRIPTION ATTACHMENTS 1. 20250110 Chroma63 Festival Council HM Grant Application Page 191 of 529 CITY OF A, kWeATER LO0 Community of Opportunity Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Center for the Arts Name of facility/project Chroma63 Festival Start Up Contact person Chawne Paige Email chawne.paige@waterloo-ia.org Address of organization or person completing application: Street 225 Commercial St city Waterloo State IA Zip 50701 Phone319-291-4490 Fax: Page 192 of 529 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. b) Please be specific how the grant monies will be used in the overall project. a) This project is to establish a free, open air music and arts festival hosted in downtown Waterloo during the summer, a scenic, high -travel month time of year, while activating one of the City of Waterloo's beautiful place -making attractions at the RiverLoop Amphitheatre and Arts Mall. Live music and Art are the centerpiece of this new music festival, Chroma63, that will showcase local and regional music and spotlight the talent of local artists and makers in Waterloo and surrounding areas. A key intention of this festival is to showcase and support the local arts economy, opening up a space for artists to display and sell goods and for musicians to sell merchandise and expand their audience through their performances. This event is planned for Saturday, June 14, 2025 from 12:00-9:30pm on the RiverLoop Amphitheatre, Arts Mall and Amphitheatre campus. The main stage for the festival will be the RiverLoop Amphitheatre with the US Bank Parking lot proposed to be the area to host the Art Festival and smaller low-fi stage for individual musicians, spoken word artists, etc. The main stage will feature a series of bands kicking off at noon and ending with the headlining band's set starting at 8:30pm. The Waterloo Center for the Arts has received a high volume of community requests to host a festival like Chroma63. The nature of this project is not only putting on an arts festival to feature and boost the local arts economy, but to also to integrate voices from the community in its planning and implementation. This includes having community members as critical parts of the planning committee throughout the year and as volunteers on the day of the event. The goal of the festival is for it to be an annual showcase that can expand as the years go on, highlighting an increasing number of musical genres and non-traditional art forms. Additionally, the festival will be a jumping off point to build a year-round set of collaborative networking experiences to continue to build on the community involvement in planning and to offer continued opportunities for creatives to connect and create together. b) The monies from this grant will be used as key startup funds for this first year of the festival, including paying bands, subsidizing a professional stage, sound and lighting set up for the stage, and subsidizing artist booth fees to make the festival accessible to a wide range of artists. This festival will be offered completely free of charge, and the funds will support making this a world -class experience downtown Waterloo while keeping the event accessible to any patron of the arts to experience the music and artists. By keeping the festival itself free of charge, this enables attendees to reserve their personal funds to support the local artists and food vendors in attendance at the festival, further boosting the local economy as that money is funneled directly back into local businesses. Page 193 of 529 3. What is the mission of your organization? The Waterloo Center for the Arts stimulates inquiry, provokes dialogue & connects people through the arts. 4. How long has your organization been in existence? The first Waterloo Recreation and Arts Commission began recreation and arts programming in the community in 1922--out of that commission was born the Waterloo Cultural and Arts Commission and Leisure Services Commission that exist today. The Waterloo Recreation and Arts Center opened its doors in 1966, expanding with new additions in 1976, 1990 and 2008. The building was later rededicated in 1999 as the Waterloo Center for the Arts under the direction of the Cultural and Arts Commission. In 2012, the WCA expanded again when the RiverLoop Amphitheatre & Arts Mall and Expo Plaza opened. 5. How many staff members and/or volunteers are involved in this organization and the project? This project would affect all staff including 13 full-time staff and 19 part-time staff. In addition to these paid staff, there are staff employed through AARP. Throughout the year, there are over 50,000 people routing through the RiverLoop Amphitheatre & Arts Mall and Expo Plaza who participate in programming, volunteering, renting space, and administering their own events as members of the general public. This event will tap into different audiences, organizations and volunteers who may not have previous been involved with the Waterloo Center for the Arts, activating new connections and strengthening new onces with the community to build on in throughout the year and in future festivals. 6. Please indicate all the categories that your projects supports: riCategory 1 — Supports tourism and heads on beds Category 2 — Supports and assists community events Category 3 — Brings people downtown Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. The Waterloo Center for the Arts and RiverLoop Amphitheatre & Arts Mall and Expo Plaza are a premiere destination that, in and of itself, attracts over 200,000 visitors throughout the year, supporting heads on beds and tourism with the various events, classes, concerts, performances, exhibitions, and the Phelps Youth Pavilion. The center is home to the Waterloo Community Playhouse/Black Hawk Children's Theatre and Waterloo Municipal Band which draw large audiences to their performances at the WCA. The Chroma63 Festival would support tourism and heads on beds by drawing even more people downtown to the Amphitheatre by providing free access to a slate of unique bands and artists, many of who have not been showcased at the WCA before. Based on community interested in and reaction to the announcement of the festival, turn out for the event is anticipated to be high. Additionally, this free festival is unique to the regions, so it has the potential to draw in attendees from out of town and out of state. Offering this festival enhances the already vibrant programming put on by the Waterloo Center for the Arts and connects artists and musicians in a high quality space and experience. Bringing a wide variety of artists and musicians along with festival attendees from around the region to downtown through the Chroma63 festival supports a higher quality of life by including new and different groups in the varied, unique offerings at the WCA and exposing new groups of people to the excellent experiences offered downtown Waterloo. Page 194 of 529 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability Chroma63 is intended to be a recurring summer open air arts and music festival offered free of change to the public. Long-term financial sustainability for the Chroma63 festival will be established through ongoing sponsorship from the Friends of the Art Center as well as through the general fund budget in the form of revenues from rental fees, admissions, and food and beverage income. Admissions events, in addition to admissions to the Phelps Youth Pavilion and WCA memberships, will be held throughout the season and as above, rental fees will be charged for patrons wishing to utilize the facilities. In future years, an increase in fee revenues, a wide variety of sponsorship opportunities and support from the Friends of the Art Center will remove the need for Hotel Motel Discretionary Funds in subsequent years. After this year, the festival expects continued growth, anticipating the festival's financial position to strengthen each year. Chroma63 aims to eventually, through the growth of fees and sponsorships, become fully self-sustaining. 9. Give an estimate of how you plan to measure the success of the project One major indicator of success will be attendance at the festival, including both local and regional attendees. In addition, other metrics used to gauge the success of the event will be the participation of artists, including the number of artists participating and their feedback about the profitability of their time at the festival and the participation of bands including their sale of merchandise. We will also measure success through the number and amount of sponsorships, statistics regarding social media engagement, the number of community partners involved in the event, and the number of community volunteers assisting with the festival, both in advance planning and day of support. 10. Describe specifically how the proposed project will be marketed. Chroma63 will be promoted extensively on a wide array of platforms and media. The festival will be promoted heavily through social media with regular postings on the Waterloo Center for the Arts social media platforms as wells as through those of other local organizations such as Main Street Waterloo, City of Waterloo, Experience Waterloo and others. Additionally, individual artists and bands will promote the festival to their social media contacts. Postings will include artist/band spotlights, interviews, informational posts and other announcements and creation of specific Chroma63 events on various social media and event platforms. In addition to social media, further marketing will include promotion via press releases, mailings, billboards, radio, posters, public ad buys in various print publications including college and community newspapers, interview segments with Noon News on KWWL and Northend Update, and posting ads in tattoo parlors, skateboard shops and other small businesses. Page 195 of 529 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. See attached - Page 06 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. BUDGET SUMMARY: Total Project Cost Additional Funding Sources In -Kind Services Hotel/Motel Tax Grant Request $ 46,000.00 $ 31,000.00 $ $ 15,000.00 Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. 7ti %(ifii'LQ- Par, 1/22/2025 Signature of Applicant Date Page 196 of 529 Friends of the Art Center Chroma 63 Budget Worksheet 2025 Est. Expenses notes Entertainment Stage/Lighting/sound Marketing Advertisement Product Electrical Event Supplies Volunteer Shirts Port -a -Pots Rental Security Health Permit Insurance Payment Processing Fess Alcohol License Event Software Staff Support $10,000.00 $15,000.00 $5,000.00 $5,000.00 $2,000.00 $1,000.00 $500.00 $570.00 $280.00 $50.00 $5,000.00 $300.00 $800.00 $500.00 in -kind Friends of the Arts Center Discretionary WCA Budget RAI, Event revenue RAI RAI, Event revenue WCA Budget Friends of the Arts Center RAI Friends of the Art Center RAI RAI, Event revenue RAI, Event revenue WCA Budget WCA Budget Total Expenses $46,000.00 Est. Revenues Vendor Fees $2,000.00 Alcohol Sales $7,000.00 Merchendise Sales $1,000.00 Grants/Support HM Discretionary $15,000.00 Friends of the Art Center $10,700.00 RAI $10,300.00 Total Revenues $46,000.00 Expenses ($46,000.00) NET $0.00 Page 197 of 529 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE February 3, 2025 AGENDA ITEM TITLE Resolution approving award of hotel/motel tax council discretionary funds to Cedar Valley Arboretum and Botanic Gardens in the amount of $12,000.00, for the Cedar Valley Arboretum Tourism Project. 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. 01.31.2025 CVABG Grant Application 2. 2025-01-30 CVABGW-9 Page 198 of 529 Page 199 of 529 CITY OF ATERLOO ..� �ammunit of Opportunity Y Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Cedar Valley Arboretum & Botanic Gardens Name of facility/projectCedar Valley Arboretum Tourism Project Contact personLuAnn M. Edmonds Email luann@cedarvalleyarboretum.org Address of organization or person completing application: Street 1927 E. Orange Road cityWaterloo Phone319-226-4966 State IA Fax: N/A Zip 50701 Page 200 of 529 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. b) Please be specific how the grant monies will be used in the overall project. We would be using this grant money, if awarded, to promote the awareness of the Cedar Valley Arboretum & Botanic Gardens to the community of Waterloo and the greater cedar valley area. In addition, we seek to share with the public the opportunities that the Arboretum provides to the local residents and also to visitors coming into the area. We know that we are a destination to be enjoyed by all. Unfortunately, many people do not know that we are here. Currently, we have an Advertising and Marketing budget line of $6,853. This amount was reduced in order to balance our 2025 budget. In order to spread the word about where we are and what we do, we are in need of an additional $5000.00 in advertising & marketing funds to launch a membership drive which will help to sustain us into the future. We will also spend this money to advertise upcoming special events that will be held at the Arboretum. We would also use this money to promote our educational and wellness classes, workshops, yoga & mediation, live bands, storytime and Shakespeare in the Gardens. Advertising these events would help greatly to increase attendance which would be mutually beneficial to the city of Waterloo and the Arboretum. I needed to greatly reduce our Grounds/Facility Supplies/Plant budget categories in order to balance our budget. It is necessary to have funding of $4000.00 to spend on maintaining our grounds and facilities by purchasing necessary supplies throughout the year. Supplies needed encompass such items as watering supplies, plant fertilizers and paper products for our public restroom facilities, trash disposal bags, cleaning supplies for our Education and Welcome Center and so much more. Funds are also needed to maintain the beauty of our Botanic Gardens with annual purchases of flowers, shrubs and trees as well as soils and mulch. If we can not continue to provide a beautiful relaxing natural space that our visitors have come to expect, we may see a reduction in attendance. When couples and families come to visit the Arboretum, they are also eating at our many restaurants and staying at our hotels and motels in Waterloo. We are in the beginning phase of forming a committee to work exclusively on planning the Cedar Valley Arboretum & Botanic Gardens 30th Anniversary Celebration which will include monthly events throughout the year of 2026 leading up to our grand celebration in the Summer. We intend to honor the founders and organizations that had a hand in creating this wonderful space that is here for all to enjoy from near and far. As in past years, we will again host a Fall Festival that draws many to the Arboretum and other destinations in our city. We were also forced to reduce our Events expenditure budget category in order to create a balanced budget. We are needing the addition of $3000.00 in order to promote these events throughout the cedar valley and surrounding communities. Our advertsing and marketing committee of knowledgable volunteers will make the best decisions regarding how the advertising dollars are spent. I can assure all of you that the funds will be spent wisely. Our events will bring tourism dollars into Waterloo, as we know we are one stop of many on the list. Page 201 of 529 3. What is the mission of your organization? Our mission is to enhance the quality of life for all individuals through horticulture. We seek to enrich life by nourishing and sharing the beauty of the natural world, the joy of gardening, knowledge of plants, and the diversity of our world. 4. How long has your organization been in existence? Since 1996, 29 years 5. How many staff members and/or volunteers are involved in this organization and the project? Seven staff members and over seventy regular volunteers as well as several businesses providing volunteers with company give back hours 6. Please indicate all the categories that your projects supports: nCategory 1 — Supports tourism and heads on beds Category 2 — Supports and assists community events Category 3 — Brings people downtown Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. 1. Many of the visitors to the Arboretum are here on tours and family vacations. They are staying at our numerous hotels and motels. They are spending money in our stores and restaurants and bars. 2. The visitors coming to the events at the Arboretum are also spending time and money at the Lost Island Amusement and Water Parks as well as multiple other areas of interest. We have been told by our visitors that they came from other States to visit the CVABG. 3. Our visitors ask us abouts restaurants that they should eat at and other places of interest that they should check out while they are in town. Yes, our visitors are definitely frequenting down town Waterloo. 4. The CVABG most certainly supports the quality of life in Waterloo. We offer plant knowledge, relaxation, the beauty of nature which benefits good mental health. The CVABG is a destination to de -stress yourself. It is also a great place for adults and kids to improve their physical fitness. Our Chidren's Garden is a great asset for families with young children in the Cedar Valley. We are also pet friendly which all of our visitors immensely appreciate! Page 202 of 529 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability Yes, this will be an ongoing project. We seek to continually grow our memberships and increase our attendance. The more we are able to increase the public's awareness of what the Arboretum is and what it does for the community, we will be able to gain ground on becoming financially sustainable. We are also a great location for weddings, showers, birthday parties, family and class reunions, company picnics and business meetings. As we are able to increase our advertsing, our rental income for the Arboretum will also increase. With the increasing funds, we will be able to grow our tree collections and beauty of the gardens. The more we are able to offer the public, the more the public will frequent this amazing place. The potential for growth is unlimited. 9. Give an estimate of how you plan to measure the success of the project We will measure the success of the project by tracking our increasing membership numbers and also our attendance numbers. These numbers can also be measured in dollars. Every December we send an annual appeal letter, gifts to the gardens to our members, volunteers and past and potential future donors. We will measure the level of giving and track how much it increases from year to year as we grow. We will also measure our success in how we are able to improve the Arboretum's infrastruture and gardens. As we grow, we know we will have increased visitor attendance as there will be more gardens to explore. We also want to make our facilities inside and out as accessible as possible for all to enjoy. We have crushed rock trails that are in need of transition to concrete, so they are wheelchair accessible and also for those that have walking challenges. We will measure our success through what we are able to offer in the way of classes, workshops and events. The more educational and cultural opportunities that we are able to provide will bring in greater numbers of individuals in the Arboretum and into the City of Waterloo. 10. Describe specifically how the proposed project will be marketed. The CVABG will market the Events as well as the Arboretum as a whole through multiple methods. We will utilize our website, cedarvalleyarboretum.org and social media, primarily facebook and instagram. We will market through our monthly electronic newsletter. The Board President & I will be doing the Northend Update. Myself and other board members will be doing numerous speaking enagements to various organizations in the community. We will select and hire a marketing company to do a targeted membership drive to gain new members to our organization. We will professionally print and distribute posters and brochures in person. We are forming an advertisng and marketing committee made up of knowledgeable volunteers. They will guide us as we make fiscally responsible advertsing & marketing choices as we journey through 2025 and beyond. Page 203 of 529 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. The budget for this project will be $25,000. We have several long time donors that have pledged their financial support to the Arboretum to cover needed expenditures, totaling $10,000 or greater. We also have many dedicated volunteers that are willing to lend a hand by providing services, such as previous professional advertising experience as well as purchasing needed materials and supplies for the CVABG. The In -Kind Services will be $1000 or more. With the increased overall awareness of the Cedar Valley Arboretum and it's growth in memberships and attendance, I would realistically estimate the revenue generated from the budget to be 2.5 times or $62,500 by the end of 2026. Note: The Cedar Valley Arboretum & Botanic Gardens is a Non -Profit Organization. Our Tax Exempt Status is: 501 (c) 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. BUDGET SUMMARY: Total Project Cost Additional Funding Sources In -Kind Services Hotel/Motel Tax Grant Request $ 25,000.00 $ 12,000.00 $1,000.00 $ 12,000.00 Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. v,,c\TN-J3-\\*) Signa ure of Applicant 1 /31 /2025 Date Page 204 of 529 Form (Rev. March 2024) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Go to www.irs.gov/FormW9 for instructions and the latest information. Give form to the requester. Do not send to the IRS. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. Print or type. See Specific Instructions on page 3. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.) Cedar Valley Arboretum & Botanic Gardens 2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes. El Individual/sole proprietor . C corporation S corporation Partnership Trust/estate • LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . . 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner. NI Other (see instructions) Non -Profit Corporation 501 c3 Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any) 3b If on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions MI (Applies to accounts maintained outside the United States.) 5 Address (number, street, and apt. or suite no.). See instructions. 1927 E. Orange Rd. Requester's name and address (optional) 6 City, state, and ZIP code Waterloo, IA 50701 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other Social security number — — TIN, later. Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. or Employer identification number 4 2 1 4 4 7 5 4 1 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that 1 am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, youarenot required to sign the certification, butyoumust provide your correct TIN. See the instructions for Part II, later. �II.Y 7 fli F.C\ fceifto 1CL Sign Here Signature of U.S. person, General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. Date " 3at) 2_5 New line 3b has been added to this form. A flow -through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow -through entity in which it has an ownership interest. This change is intended to provide a flow -through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) Page 205 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE February 3, 2025 AGENDA ITEM TITLE Motion to approve the appointment of Chris Pett from the current Civil Service List to the position of Plant Maintenance Mechanic Foreman in the Waste Management Services Department, effective February 4, 2025. RECOMMENDED COUNCIL ACTION Approve Chris Pett as Waste Management Services Plant Maintenance Mechanic Foreman 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. PLANT MAINTENANCE MECHANIC FOREMAN 8.2024 Page 206 of 529 2. PERSONNEL REQUISITION Maintenance foreman questions 3. MAINTENANCE MECHANIC FOREMAN CS LIST (exp 9.26) 4. WASTE WATER SYSTEMS MAINTENANCE FOREMAN 8.2024 Page 207 of 529 PG Ret�i 71. ck as applicable: proposed job s riptiir i Ian f s r a Position I iris: Plant Maintenancn Niechan I eports 'I . Brad Manahl Assc Director It °rttrit-B ;It rtt 5 fists i 1 rsig I rrii I irttc Part. I in -Month laraainirt Non-h3rreerrs rn t is t't>rttft tits° t #II I in replac. rrt trt, former bpated start .d kr-position' Plant ; nd s Annual gg@@ yy gy { } f podlti Yd bud et d 1 o Approved subject to (..,$S§er fs t s�.t.al i99? Rcul Feu.SS u?C iRan;s :c rn ra Retired RestonL- t hot) r ='meek 08/12/2024 01:39 PM EDT Recomin this t Riteri 08/08/2024 12:30 PM EDT La.1,4.-e t VW %NEO 08/08/2024 03:09 PM EDT Page 208 of 529 PERSONNEL REQUISITION PLANT MAINTENANCE FOREMAN The following questions are provided as guidelines to assist you in developing your rational for the position of PLANT MAINTENANCE FOREMAN in the Waste Management Services Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? This position mainly will be responsible for coordination and supervision of all maintenance functions of the City's plant and lift station maintenance. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No, the foreman oversees and assigns the preventive maintenance / repair tasks that need perform ed:.to itilure continuous operation of the WTP and lift stations. (3) How is the work of this position being accomplished now? It is being covered on by the Interim foreman. (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)? It will provide the oversight to insure„ facility maintenance routine and non - routine are properly completed. (6) What cost savings „or reVgnues,,if any, would your department or the City realize if this position is filled? By insuring proper maintenance is performed, it will keep equipment operational minimizing long term more expensive repairs. (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? With the position currently filled none. Failing to fill this position will leave the maintenance department short, resulting in maintenance being put off. Making for more emergency maintenance which usually happens on over time. Page 209 of 529 (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. No physical stats, but aging equipment always requires more maintenance. (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. With increase in facilities to maintain (new lift stations for flood control) and aging equipment, failure to properly maintain will result in more long term costs to the city. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? It is filled by the most senior maintenance person. That is generally accepted for short periods of time, but for a long term, will minimize the overall maintenance that can be performed. (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? 1 would say direct outsourcing is not applicable unless the whole operations were outsourced. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Extremely high, proper maintenance needs to be performed or more expensive long term costs will be incurred. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Most notably would be current Goal #8, "Encourage efficiency improvements within the City's operations". Filling of this position will provide more direct oversight with observations and associated recommendations to potentially improve overall work productivity. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 210 of 529 CITY OF gfATERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA PROMOTIONAL EXAMINATION WASTE WATER SYSTEMS MAINTENANCE FOREMAN DEPARTMENT WASTE MANAGEMENT SYSTEMS SALARY $36.05 PER HOUR FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES Technical working foreman's position under the general direction of the Treatment Operations Supervisor or the Collection Systems/Project Director and the Assistant Director ICT/Maintenance. Responsible for planning, coordinating, scheduling, inspecting, and supervising the efficiency and safety of all maintenance functions, flood control, storm and sanitary lift station repair, waste water collection systems, waste water treatment plant and other repair projects. Requires well-rounded understanding of mechanical, instrumentation systems and hydraulics as it relates to a large pollution control plant and related equipment and facilities. Supervises maintenance mechanic employees. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Develops and implements an ongoing preventive maintenance program for all waste water and sewer structures and facilities. 2. Coordinates and inspects the maintenance and repair of the sanitary and storm lift stations, flood control system and waste water treatment plant. 3. Plans and supervises the maintenance, upkeep and repair of department machinery and equipment. 4. Orders/obtains quotes and maintains an inventory of parts, equipment and supplies/materials for the efficient operations of the lift stations, waste water treatment plant and other facilities. 5. Assists in the formulation and preparation of maintenance budget, capital improvements planning, costing and construction planning. 6. Assists Waste Management Director in ensuring all related maintenance programs are in compliance with regulatory guidelines. 7. Plans, coordinates and supervises maintenance mechanic employees and contractors in scheduled and emergency maintenance activities. Page 211 of 529 8. Assists with orienting new maintenance employees and training subordinates. 9. In coordination with Treatment Operations Supervisor or the Collection Systems/Project Director and the Assistant Director ICT/Maintenance. Sets up safety training programs for staff and ensures that all employees receive initial and ongoing safety training including hazardous materials, confined space entry and personal protective equipment training. 10. Performs administrative duties including assisting with budget preparation, personnel evaluations, interviewing and disciplinary actions. 11. Approves vacation, other time off requests, after hours overtime and provides adequate coverage during staff absences. 12. Lifts, moves, carries, pushes and pulls objects weighing up to one hundred pounds with assistance as needed. 13. Works outside in all weather conditions; works near and around mechanical, hydraulic and electrical hazards; noise level is loud; atmosphere may contain dust, infectious waste, toxic and explosive gases or unfavorable natural ventilation; visibility might be poor and mobility limited; walking surface may be wet or slippery. 14. May stoop, kneel, reach, turn, crawl, climb or crouch for an extended period of time in cramped or difficult to reach areas. 15. Enters and works in confined spaces with entry space being as small as twenty-two (22) inches using permanent or portable vertical ladders at a depth of up to forty (40) feet; climbs and works at heights up to fifty (50) feet. 16. Compiles reports, performs data entry and completes forms on personal computer using the applicable software. 17. Works independently and with others with minimum supervision. 18. Attends work regularly at the designated place and time. 19. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Waste Management Services safety rules and regulations. 20. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Thorough knowledge of the practices, equipment, materials and methods necessary to maintain a comprehensive waste water collection system and waste water treatment plant and systems. 2. Basic knowledge of hydraulics and flood control systems. 3. Knowledge of pumps, piping, valves, gates, joints, and mechanical plumbing systems utilized in waste water collection system and treatment plants. 4. Knowledge of occupational hazards and the safety precautions necessary in maintenance operations. 5. Ability to plan, assign, schedule, supervise and review work of subordinate employees. 6. Ability to solve problems and make independent decisions and recommendations that involve maintenance and sanitary and storm sewer lift station maintenance. 7. Ability to oversee the development, implementation, and ongoing service of the preventative maintenance program. 8. Ability to diagnose maintenance and repair problems and to make equipment repairs. 9. Ability to read blueprints and construction specifications. 10. Ability to review work logs and statistical data and present facts and findings clearly and concisely. 11. Ability to enforce rules, policies and procedures; ability to observe and enforce appropriate safety precautions. Page 212 of 529 12. Ability to understand, give and carry out written and verbal instructions and respond to questions from supervisors, elected officials and coworkers. 13. Ability to discuss work related issues with the public tactfully and promptly in a clear, concise and easily understandable manner. 14. Ability to complete assigned work without direct supervision. 15. Ability to be trained on and wear self-contained breathing apparatus (SCBA). 16. Ability to operate a personal computer and to learn related software applications, enter and retrieve information an a computer, maintain records and files, develop computer -generated reports and update records. 17. Ability to consult and communicate orally and in writing to read, analyze, record and interpret complex technical data, review materials on a variety of projects, present facts and findings clearly and concisely, give advice and recommendations, and respond to questions by the public, public officials, coworkers and contractors; ability to prepare written reports, complete forms and perform required record keeping. 18. Ability to maintain effective working relationships with other City departments, supervisor and subordinates. 19. Ability to work independently and with others with little or no supervision. 20. 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; Associate degree in a related field with a minimum of five (5) years of experience in waste water maintenance OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 2. Must obtain a Grade II Waste Water Operator Certificate from the State of Iowa within two (2) years of appointment. 3. Iowa Class A or B Commercial Driver's License and good driving record based on City of Waterloo driver performance criteria. Disciplinary action or continuing employment status may be considered 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; a combination of three or more at -fault accidents within a three-year period. Driving record will be reviewed at least annually. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks including but not limited to lifting and carrying up to one hundred (100) pounds with assistance as needed. 2. Sufficient physical and mental stamina to work double shifts during flood or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and supervisors over the telephone and radio. 4. Sufficient personal mobility that permits the employee to operate vehicles in all types of weather, Page 213 of 529 move from one Waste Management Services facility to another and work in cramped spaces or difficult to reach areas. 5. Sufficient manual dexterity and coordination for safe operation of manual and powered equipment; ability to grasp/grip tools, switches and valves. 6. Sufficient depth perception, peripheral vision and color vision to work around machinery, operate equipment and identify indicator lights on control panels. 7. Sufficient hearing to diagnose machinery problems, to communicate with coworkers and for safety purposes. MISCELLANEOUS 1. Required to wear personal protective equipment, such as safety shoes, safety glasses, hardhat, hearing protection and SCBA as needed. 2. Required to wear standard uniform as supplied by City. 3. A new employee must comply with the City of Waterloo Residency Policy for Critical Employees (must live within 30-mile radius of Waterloo City Hall) within six-month probationary period. Current employees must comply with Residency Policy in effect during initial hire date. Must maintain a local telephone number in order to be contacted during emergencies. 4. Required to submit to Department of Transportation requirements for CDL driver's including pre- employment, post -accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 5. Fora new employee, the City of Waterloo requires a physical examination by a physician of the City's choice, including a drug test, to determine if an applicant is capable of performing the essential functions of this job classification. Failure to pass these tests will result in withdrawal of employment offer. 6. For a new employee, the City of Waterloo reserves the right to conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position 7. Required to submit to Civil Service examination procedures including oral interview testing. A new employee may be required to prove mechanical aptitude. WORK SCHEDULE Generally, 7:00 a.m. to 3:00 p.m. Monday through Friday. Hours may vary based on flexible scheduling or the needs of the department. Must be available outside of and in addition to these hours for City meetings and emergency activities that require the attendance of the Maintenance Foreman. Will also be required to be on call twenty-four hours a day, seven days a week on rotating basis with other department foremen as required by department director. 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 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 Page 214 of 529 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. ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. WASTE WATER SYSTEMS MAINTENANCE FOREMAN AUGUST 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 215 of 529 PERSONNEL REQUISITION PLANT MAINTENANCE FOREMAN The following questions are provided as guidelines to assist you in developing your rational for the position of PLANT MAINTENANCE FOREMAN in the Waste Management Services Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? This position mainly will be responsible for coordination and supervision of all maintenance functions of the City's plant and lift station maintenance. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No, the foreman oversees and assigns the preventive maintenance / repair tasks that need performed to insure continuous operation of the WTP and lift stations. (3) How is the work of this position being accomplished now? It is being covered on by the Interim foreman. (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)? It will provide the oversight to insure facility maintenance routine and non - routine are properly completed. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? By insuring proper maintenance is performed, it will keep equipment operational minimizing long term more expensive repairs. (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? With the position currently filled none. Failing to fill this position will leave the maintenance department short, resulting in maintenance being put off. Making for more emergency maintenance which usually happens on over time. Page 216 of 529 (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. No physical stats, but aging equipment always requires more maintenance. (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. With increase in facilities to maintain (new lift stations for flood control) and aging equipment, failure to properly maintain will result in more long term costs to the city. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? It is filled by the most senior maintenance person. That is generally accepted for short periods of time, but for a long term, will minimize the overall maintenance that can be performed. (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? I would say direct outsourcing is not applicable unless the whole operations were outsourced. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Extremely high, proper maintenance needs to be performed or more expensive long term costs will be incurred. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Most notably would be current Goal #8, "Encourage efficiency improvements within the City's operations". Filling of this position will provide more direct oversight with observations and associated recommendations to potentially improve overall work productivity. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 217 of 529 CITY OF ��J J�TERLOO Community of Opportunity September 20, 2024 TO: Honorable Mayor & City Council 715 Mulberry St, Waterloo, IA 50703 Phone: (319) 291-4303 Fax: (319) 291-4569 CITYOFWATERLOOIOWA.COM We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Maintenance Mechanic Foreman for the City of Waterloo, Iowa WMS. This list shall be used to fill any vacancy in the Maintenance Mechanic Foreman classification from September 20, 2024 — September 20, 2026. Respectfully submitted, �t-. �2V //✓li"7 DIGITALLY SIGNED 10/03/2024 01:00 PM EDT V CERTIFIED LIST Chris Pett Tyler Janssen Kelby Haynes Dr. Bev Smith Date Dr. Robert Welch Date /- DIGITALLY (QVl{'l& KrI of k(OaCk1 SIGNED 10/03/2024 02:04 PM EDT Marianne Kurtenbach Date Page 218 of 529 CITY OF J.J/ t TERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE OF WATERLOO, IOWA _____________________CITY OMOTIONAL EXAMINATION WASTE WATER SYSTEMS MAINTENANCE FOREMAN DEPARTMENT WASTE MANAGEMENT SYSTEMS SALARY $36.05 PER HOUR FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES Technical working foreman's position under the general direction of the Treatment Operations Supervisor or the Collection Systems/Project Director and the Assistant Director ICT/Maintenance. Responsible for planning, coordinating, scheduling, inspecting, and supervising the efficiency and safety of all maintenance functions, flood control, storm and sanitary lift station repair, waste water collection systems, waste water treatment plant and other repair projects. Requires well-rounded understanding of mechanical, instrumentation systems and hydraulics as it relates to a large pollution control plant and related equipment and facilities. Supervises maintenance mechanic employees. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Develops and implements an ongoing preventive maintenance program for all waste water and sewer structures and facilities. 2. Coordinates and inspects the maintenance and repair of the sanitary and storm lift stations, flood control system and waste water treatment plant. 3. Plans and supervises the maintenance, upkeep and repair of department machinery and equipment. 4. Orders/obtains quotes and maintains an inventory of parts, equipment and supplies/materials for the efficient operations of the lift stations, waste water treatment plant and other facilities. 5. Assists in the formulation and preparation of maintenance budget, capital improvements planning, costing and construction planning. 6. Assists Waste Management Director in ensuring all related maintenance programs are in compliance with regulatory guidelines. 7. Plans, coordinates and supervises maintenance mechanic employees and contractors in scheduled and emergency maintenance activities. Page 219 of 529 8. Assists with orienting new maintenance employees and training subordinates. 9. In coordination with Treatment Operations Supervisor or the Collection Systems/Project Director and the Assistant Director ICT/Maintenance. Sets up safety training programs for staff and ensures that all employees receive initial and ongoing safety training including hazardous materials, confined space entry and personal protective equipment training. 10. Performs administrative duties including assisting with budget preparation, personnel evaluations, interviewing and disciplinary actions. 11. Approves vacation, other time off requests, after hours overtime and provides adequate coverage during staff absences. 12. Lifts, moves, carries, pushes and pulls objects weighing up to one hundred pounds with assistance as needed. 13. Works outside in all weather conditions; works near and around mechanical, hydraulic and electrical hazards; noise level is loud; atmosphere may contain dust, infectious waste, toxic and explosive gases or unfavorable natural ventilation; visibility might be poor and mobility limited; walking surface may be wet or slippery. 14. May stoop, kneel, reach, turn, crawl, climb or crouch for an extended period of time in cramped or difficult to reach areas. 15. Enters and works in confined spaces with entry space being as small as twenty-two (22) inches using permanent or portable vertical ladders at a depth of up to forty (40) feet; climbs and works at heights up to fifty (50) feet. 16. Compiles reports, performs data entry and completes forms on personal computer using the applicable software. 17. Works independently and with others with minimum supervision. 18. Attends work regularly at the designated place and time. 19. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Waste Management Services safety rules and regulations. 20. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Thorough knowledge of the practices, equipment, materials and methods necessary to maintain a comprehensive waste water collection system and waste water treatment plant and systems. 2. Basic knowledge of hydraulics and flood control systems. 3. Knowledge of pumps, piping, valves, gates, joints, and mechanical plumbing systems utilized in waste water collection system and treatment plants. 4. Knowledge of occupational hazards and the safety precautions necessary in maintenance operations. 5. Ability to plan, assign, schedule, supervise and review work of subordinate employees. 6. Ability to solve problems and make independent decisions and recommendations that involve maintenance and sanitary and storm sewer lift station maintenance. 7. Ability to oversee the development, implementation, and ongoing service of the preventative maintenance program. 8. Ability to diagnose maintenance and repair problems and to make equipment repairs. 9. Ability to read blueprints and construction specifications. 10. Ability to review work logs and statistical data and present facts and findings clearly and concisely. 11. Ability to enforce rules, policies and procedures; ability to observe and enforce appropriate safety precautions. Page 220 of 529 12. Ability to understand, give and carry out written and verbal instructions and respond to questions from supervisors, elected officials and coworkers. 13. Ability to discuss work related issues with the public tactfully and promptly in a clear, concise and easily understandable manner. 14. Ability to complete assigned work without direct supervision. 15. Ability to be trained on and wear self-contained breathing apparatus (SCBA). 16. Ability to operate a personal computer and to learn related software applications, enter and retrieve information on a computer, maintain records and files, develop computer -generated reports and update records. 17. Ability to consult and communicate orally and in writing to read, analyze, record and interpret complex technical data, review materials on a variety of projects, present facts and findings clearly and concisely, give advice and recommendations, and respond to questions by the public, public officials, coworkers and contractors; ability to prepare written reports, complete forms and perform required record keeping. 18. Ability to maintain effective working relationships with other City departments, supervisor and subordinates. 19. Ability to work independently and with others with little or no supervision. 20. 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; Associate degree in a related field with a minimum of five (5) years of experience in waste water maintenance OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 2. Must obtain a Grade II Waste Water Operator Certificate from the State of Iowa within two (2) years of appointment. 3. Iowa Class A or B Commercial Driver's License and good driving record based on City of Waterloo driver performance criteria. Disciplinary action or continuing employment status may be considered 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; a combination of three or more at -fault accidents within a three-year period. Driving record will be reviewed at least annually. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks including but not limited to lifting and carrying up to one hundred (100) pounds with assistance as needed. 2. Sufficient physical and mental stamina to work double shifts during flood or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and supervisors over the telephone and radio. 4. Sufficient personal mobility that permits the employee to operate vehicles in all types of weather, Page 221 of 529 move from one Waste Management Services facility to another and work in cramped spaces or difficult to reach areas. 5. Sufficient manual dexterity and coordination for safe operation of manual and powered equipment; ability to grasp/grip tools, switches and valves. 6. Sufficient depth perception, peripheral vision and color vision to work around machinery, operate equipment and identify indicator lights on control panels. 7. Sufficient hearing to diagnose machinery problems, to communicate with coworkers and for safety purposes. MISCELLANEOUS 1. Required to wear personal protective equipment, such as safety shoes, safety glasses, hardhat, hearing protection and SCBA as needed. 2. Required to wear standard uniform as supplied by City. 3. A new employee must comply with the City of Waterloo Residency Policy for Critical Employees (must live within 30-mile radius of Waterloo City Hall) within six-month probationary period. Current employees must comply with Residency Policy in effect during initial hire date. Must maintain a local telephone number in order to be contacted during emergencies. 4. Required to submit to Department of Transportation requirements for CDL driver's including pre- employment, post -accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 5. For a new employee, the City of Waterloo requires a physical examination by a physician of the City's choice, including a drug test, to determine if an applicant is capable of performing the essential functions of this job classification. Failure to pass these tests will result in withdrawal of employment offer. 6. For a new employee, the City of Waterloo reserves the right to conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position 7. Required to submit to Civil Service examination procedures including oral interview testing. A new employee may be required to prove mechanical aptitude. WORK SCHEDULE Generally, 7:00 a.m. to 3:00 p.m. Monday through Friday. Hours may vary based on flexible scheduling or the needs of the department. Must be available outside of and in addition to these hours for City meetings and emergency activities that require the attendance of the Maintenance Foreman. Will also be required to be on call twenty-four hours a day, seven days a week on rotating basis with other department foremen as required by department director. 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 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 Page 222 of 529 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. ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. WASTE WATER SYSTEMS MAINTENANCE FOREMAN AUGUST 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 223 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE February 3, 2025 AGENDA ITEM TITLE Communication from the Leisure Services Department on the notice of the conclusion of employment of Steve Schmitz, Park Maintenance II, effective December 31, 2024, with recommendation of approval of payout of $6,270.08 for unused benefits. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. S. SCHMITZ 2.3.2025 Page 224 of 529 Page 225 of 529 Comemmity KeyOppoy;:r ig. Today's Date: 1/13/2025 Effective Date: 12/31/2024 City Council Notice of Employment Severance Department: Leisure Services Job Classification: PM II Employment Date: 4/19/2004 Employee Name: Steve Schmitz The employment with the named City of Waterloo employee has been severed by reason of: [I Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Vacation -Accrued Vacation -Current Usable Sick Leave Casual Hours Comp Time Pay Unscheduled Leave Other Pay Comments Approved by Human Resources 200 8 0 0 0 0 Hourly Gate 31.04 $ 31.04 31.04 $ 31.04 $ 31.04 $ 31.04 $ 31.04 26% $ $ 6,208.00 62.08 Total Payment 6,270.08 Date l i495— Date 01/15/2025 Council Agenda Date: 2/3/2025 KMW Page 226 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE February 3, 2025 AGENDA ITEM TITLE Communication from the Community Development Department on the notice of the conclusion of employment of Jon Martin, Housing Rehabilitation Specialist, effective January 3, 2025, with recommendation of approval of payout of $4,428.80 for unused benefits. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. J MARTIN PAYOUT 2.3.2025 Page 227 of 529 Page 228 of 529 CITY OF JJf4TERLO O IOWA Community of Opportunity City Council Notice of Employment Severance Today's Date: 7/1/2024 Department: Community Development Effective Date: 1/3/2025 Job Classification: Housing Rehabiltation Specialist Employment Date: 3/22/2010 Employee Name: Jon Martin The employment with the named City of Waterloo employee has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes O Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Vacation -Accrued Vacation -Current Usable Sick Leave Casual Hours Comp Time Pay Unscheduled Leave Other Pay (Bday) Comments Approved by Human Resources z Total Hours (x) Hourly Rate 0 $ 152.12 $ 16 $ 3.88 $ 0 $ 0 $ 0 $ 27.68 27.68 27.68 27.68 27.68 27.68 37.26 25% $ Total Payment Xr` l-oR?Rlerw i Payout 4,210.68 110.72 107.40 $ 4,428.80 Date //2e Date 01 /21 /2025 Council Agenda Date: 2/3/2025 KMW Page 229 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE February 3, 2025 AGENDA ITEM TITLE Communication from the Planning and Zoning Department on the notice of the conclusion of employment of Emily Seliga, Administrative Secretary, effective January 16, 2025, with recommendation of approval of payout of $4,078.25 for unused benefits. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. SELIGA PAYOUT 2.3.2025 Page 230 of 529 Page 231 of 529 CITY OF ut:ATERLOO IOWA Community of opportunity Today's Date: 1/15/2025 Department: Effective Date: 1/16/2025 Job Classification: Employment Date: 5/15/2023 Employee Name: City Council Notice of Employment Severance Planning Adminstrative Secretary Emily Seliga The employment with the named City of Waterloo employee has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes O Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Payout Vacation -Accrued Vacation -Current Usable Sick Leave Casual Hours Comp Time Pay Unscheduled Leave Other Pay (Bday) Comments Approved by Human Resources 3.5 $ 109.5 $ 20 $ 30.3 $ 0 $ 0 $ 27.50 27.50 27.50 27.50 27.50 27.50 27.50 $ 25% $ 96.25 3,011.25 137.50 833.25 Total Payment $ 4,078.25 Date 01/15/2025 Council Agenda Date: February 3rd,, ZO,02/3/2025 KMW Page 232 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department February 3, 2025 AGENDA ITEM TITLE Jim Burbridge, Board/Commission: Main Street, Expiration Date: December 31, 2025, [New]. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards and Commissions Application - Jim Burbridge Page 233 of 529 Home Phone: CeII Phone: W—3M —03q0 Email Address! . evrbIi + eQ? //ar t�.�0 Home Address �4%�3 v/S< �' �� Employersq VAIN() ') !x//0 '��`GL'• Employer CITY OF " TERLO CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: /,2 ' 7 — 2 / / I, U rr (Name) 1. [ .r. J1011r , request to be appointed to (state preference): 2. Work Phone: 2 Zip Code 502k3 Title 6-genera/ /<' er Address Q�3 ��ST � ,0 � �, Code `� / � � Zip �D How long have you resided in Waterloo? yrs Email address: List current membership in organizations and offices held: am available for meetings: ❑A.M. ❑ P.M. ❑ Noon ❑ Evenings I am available to serve on a Board/Commission the entire year: eYes ONo If no, list months not able to serve: Briefly explain your qualifications for appointmentto a signated Board//Qommission: v. • r c'e c _rJ f/14', Q I' t Z /da Additional information and comments that may not be evident from information already on this form: References (include phone numbers): I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an app intment to a Board/Commission. If selected, I will be available to attend appropriate training sessions�f'his ppli tionill remain valid and on file for one calendar year from above date. Signature or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayorawaterloo-ia.orq; PHONE 291-4301 Rev 02/20/2020 Page 234 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department February 3, 2025 AGENDA ITEM TITLE Beverly Smith, Board/Commission: Community Development, Expiration Date: February 3, 2028, [New]. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards and Commissions Application - Bev Smith Page 235 of 529 CITY Or € ' ,, TERLOO CITY OF WATERLOO, IOWA "'` BOARDS & COMMISSIONS APPLICATION Date: k n u cx y al ) t-2 (-) 1, —Dr, L)e\J-e r y Cm"it% , request to be appointed to (state preference): (Name) 1. (1,onnvviuh beie_lopnnC61-2. r c m R13kts Home Phone: Cell Phone .3 ( ri) 2-()4workk Phone: Email Address d r o In g_ r k'V1 n l t o VY) Home Address --)59 k r U(-- r ry- ` S Zip Code 50 �7 0 I Employer IC e:1- i Employer Address Zip Code How long have you resided in Waterloo? Iyrs Email address: List current membership in organizations and offices held: Hod `Crj *ct rt C.) CA �`(1 W� kC�C-) �I1'lfy\i:,i 11*�1 Foi.I1nri(��iolfl V.P, (con por--a--1 n (lard B. AI - F(---)LtrA --ron o Aa EIS Title Bocbra I am available for meetings: I:M.M. -Noon jvenings I am available to serve on a Board/Commission the entire year: ®Yes ONo if no, list months not able to serve: Briefly explain your qualifications for appointment to a design. ted Board/Commission:-u}1Ci l a c. 0 0 0 A ,-.;- --e c ritr ci Additional information and comments that may not be evident from information already on this form: References (include phone numbers): +C' I c j E Ivy) (3 )2-'s 0 0 Li- J I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. Signature Rev O2 2Ot2O2O or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayor(c watertoo-ia.org; PHONE 291-4301 Page 236 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Airport Department February 3, 2025 AGENDA ITEM TITLE Airport Board minutes of December 18, 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 December 18, 2024 Page 237 of 529 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday, December 18, 2024 I. ROLL CALL Chair, Scott Voigt, called the meeting to order at 12:00 p.m. Board Members Present: Scott Voigt, Gwenne Berry, Chris Bering, Arlene Humble, David Deeds, Scott Cook and Katy Susong (TEAMS) City Officials Present: John Chiles, Council Liaison (TEAMS) City Officials Absent: Ray Feuss, Council Liaison Airport Staff Present: Steven Kjergaard, Sheila Combs Additional Attendees: David Hughes (TEAMS) and Michelle Sweeney, AECOM; Marty Hoe', 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 GO Letter for the Passenger Boarding Bridge project has been received from the FAA. Also, steel for the parking lot canopies is about three weeks out. B. Misc. Monthly Airport Reports No discussion. V. BOARD APPROVAL A. Approval of Minutes of the November 13, 2024 Meeting Mr. Deeds moved approval of the minutes of the November 13, 2024 meeting, seconded by Mrs. Berry. Ayes: b. Motion carried. 1 Page 238 of 529 B. Motion to Receive and File November 2024 Expenses Mr. Deeds moved that the November 2024 expenses be received and filed, seconded by Mrs. Berry. Ayes: 6. Motion carried. C. Approval of Lease with Aerial Services, Inc Mrs. Humble moved that the lease for Hangar No. 4 with Aerial Services be approved, seconded by Mr. Cook. Ayes: 6. Motion carried. VI. OLD BUSINESS A. Discussion of Expanded Air Service Options Discussed the recent notification by American Airlines of a return to our pre-Covid schedule, with a RON (Remain Over Night) flight returning in April 2025. They will also be upgrading the aircraft to a two -class Embraer 170 effective June 5, 2025. B. Discussion of CAP Classroom Conversion A large screen TV has been installed for use by CAP. Discussed different options for desks and chairs. Will continue to look for good, mid -range pieces. VII. NEW BUSINESS None. VIII. STAFF AND BOARD MEMBER COMMENT None. IX. ADJOURNMENT Mrs. Berry moved the meeting be adjourned at 12:42 p.m., seconded by Mrs. Humble. Ayes: 6. Motion carried. Respectfully submitted, 2 Page 239 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department February 3, 2025 AGENDA ITEM TITLE Motion to deny an application by King Star, 2035 E. Mitchell Avenue, for a Class B Retail Alcohol License. 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 Fire Correspondence, King Star 2. InspectionReport - 2025-01-17T143851.268 3. InspectionReport - 2025-01-17T144211.321 Page 240 of 529 4. InspectionReport - 2025-01-17T144918.158 Page 241 of 529 LEANN EVEN From: Jeremiah VanDyke Sent: Friday, January 17, 2025 2:56 PM To: LEANN EVEN; KELLEY FELCHLE; JEFF SIEBEL Subject: Re: Application App-212695 Ready for Review Attachments: InspectionReport - 2025-01-17T143851.268.pdf; InspectionReport - 2025-01-17T144211.321.pdf; InspectionReport - 2025-01-17T144918.158.pdf Good Afternoon, 2035 East Mitchel King Star will not be signed for an violation that was not corrected from the 11/22/2023 annual inspection completed by Inspector Jeff Siebel. Please refer to Inspector Siebel's annual inspection report on 11/22/2023. I have been out there every 30 days starting 12/15/2023 with re inspect fees being applied. New lighting was installed under the soffit with a electrical permit being pulled and inspected by the city electrical inspector. Please refer to 9/20/2024 inspection report attachment showing the install of the new lights under soffit. The 2024 annual inspection has not been completed due to the 2023 violations not being completed. Thank you for your time. Lieutenant J.D. Van Dyke Fire Investigator/Fire Inspector Waterloo Fire Rescue 319-291-4460 - Office 319-883-1615 - Cell 319-291-4279 - Fax jeremiah.vandyke@waterloo-ia.org DISCLAIMER The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. PURSUANT TO IOWA CODE CHAPTER 22 E-MAIL COMMUNICATION TO AND FROM THIS ADDRESS MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1 Page 242 of 529 From: LEANN EVEN <LEANN.EVEN@WATERLOO-IA.ORG> Sent: Friday, January 17, 2025 12:57 PM To: ADAM HAHN <ahahn@blackhawkcounty.iowa.gov>; Brock Weliver <Brock.Weliver@WATERLOO-IA.ORG>; GRACE MCCARTAN<gmccartan@blackhawkcounty.iowa.gov>; Greg Fangman <fangmang@waterloopolice.com>; JASON FEAKER <feakerj@waterloopolice.com>; JEFF SIEBEL <JEFF.SIEBEL@WATERLOO-IA.ORG>; JENNA DIEPHOUSE <jdiephouse@blackhawkcounty.iowa.gov>; Jeremiah VanDyke <Jeremiah.VanDyke@WATERLOO-IA.ORG>; MATTHEW NOGHREHKAR <mnoghrehkar@blackhawkcounty.iowa.gov>; Taylor Hagen <thagen@blackhawkcounty.iowa.gov>; Adarsh Tummala <Adarsh.Tummala@WATERLOO-IA.ORG> Subject: FW: Application App-212695 Ready for Review RENEWAL From: noreply@salesforce.com <noreply@salesforce.com> On Behalf Of IOWA ABD Licensing Support Sent: Friday, January 17, 2025 1:42 AM To: LEANN EVEN <LEANN.EVEN@WATERLOO-IA.ORG>; JEFF SIEBEL <JEFF.SIEBEL@WATERLOO-IA.ORG>; KELLEY FELCHLE <KELLEY.FELCHLE@WATERLOO-IA.ORG> Cc: licensingnotification@iowaabd.com Subject: Application App-212695 Ready for Review Hello, Application Number App-212695 has been set to "Submitted to Local Authority" status and is currently ready for your review. Corp Name: AFFLUENT CORPORATION DBA: KING STAR License Number: LG0000300 Application Number: App-212695 Tentative Effective Date: 1/20/2025 License Type: Class B Retail Alcohol License (LG) Application Type: Renewal Amendment Type: Thank you. 2 Page 243 of 529 WATERLOO FIRE RESCUE INSPECTION REPORT KING STAR, 2035 E MITCHELL AVE, BLDG 2035 E MITCHELL AVE, WATERLOO ►A 50702 DETAILS Inspection Date: 01/03/2025 I Inspection Type: Annual Inspection (1Yr) I Inspection Number: 11461-R12 I Shift: N/A Station: N/A I Unit: N/A I Lead Inspector: JEREMIAH VANDYKE I Other Inspectors: JEFF SIEBEL I Fee: $200.00 VIOLATIONS AND COMPLIANCES Showing only violations and images for this inspection. Please reach out to the lead inspector for more details. Resolved Violations: 0 I Passed Codes: 0 I Violations: 2 I N/A Codes: 0 STATUS FAI L CODE DESCRIPTION 105.1 - General. Permits shall be in accordance with Sections 105.1.1 through 105.6.24. Location: New lights installed under overhang of front facade. Original Comment: Need to have electrical permit pulled by licensed electrician and inspected by City electical inspector. Additional Comment: Talked with Sue at the store on 1/3/2025 about electrical permit to be pulled by licensed electrician and inspected by City electical inspector for lights that were installed under overhang on front facade. Left copy of report and discussed Alcohol license. Reinspect Fee : $200.00 603.2 - Abatement of unsafe Identified electrical hazards shall be abated. Identified hazardous electrical conditions and electrical conditions in permanent wiring shall be brought to the attention of the hazards. responsible code official. Electrical wiring, devices, appliances and other equipment that is modified or damaged and constitutes Conditions that constitute an electrical shock or fire hazard shall be abated not be used. Location: Front soffit Original Comment: Remove or properly contain all electrical wiring outside in front soffit in accordance with electrical codes. Additional Comment: Talked with Sue at the store on 1/3/2025 about electrical permit to be pulled by licensed electrician and inspected by City electical inspector for lights that were installed under overhang on front facade. Left copy of report and discussed Alcohol license. Reinspect Fee : $200.00 Printed on 01/17/2025 @ 14:38 Page 1 of 4 Page 244 of 529 STATUS CODE DESCRIPTION GENERAL NOTES JEREMIAH VANDYKE - 11/25/2024 @ 11:34 Talked with Store Clerk Sue and left copy of re inspect report with her. Re -inspection Fee: $200.00 JEREMIAH VANDYKE - 11/25/2024 @ 11:34 Left copy of inspection report with store clerk Sheila. Advised her that the re inspect fee is now $200.00 JEREMIAH VANDYKE - 11/25/2024 @ 11:34 Re inspect fee: $200.00 JEREMIAH VANDYKE - 11/25/2024 @ 11:34 Talked with store clerk Sue on what needed to be completed. Re -inspection Fee: $150.00 JEREMIAH VANDYKE - 11/25/2024 @ 11:34 Re -inspection dates are automatically generated 30 days out from the initial inspection. Normal operating hours for inspections & re -inspections are Monday - Friday, 8:00 a.m. - 5:00 p.m. If the automatically generated re -inspection date lands on a weekend, the re -inspection will typically be performed the following Monday or Tuesday. If all corrections are made before the 30 days, you can call to set up an earlier re -inspection. *****Re inspection fees may be assessed for subsequent re - inspections. Re -inspection fees start at $100, then $150, and $200 for all subsequent re-inspections.- JEREMIAH VANDYKE - 11/25/2024 @ 11:34 Lt. Van Dyke-jeremiah.vandyke@waterloo-ia.org - Work: 319-291-4460 - Cell: 319-883- 1615 JEREMIAH VANDYKE - 11/25/2024 @ 11:34 Still need to address the electrical in store front soffit. JEREMIAH VANDYKE - 11/25/2024 @ 11:34 RE -inspection fee: $100.00 JEREMIAH VANDYKE - 11/25/2024 @ 11:34 Re inspection Fee: $150.00 Printed on 01/17/2025 @ 14:38 Page 2 of 4 Page 245 of 529 GENERAL NOTES JEREMIAH VANDYKE - 11/25/2024 @ 11:34 Talked with Store clerk Sue and left copy of report with her. Re -inspection Fee: $200.00 JEREMIAH VANDYKE - 11/25/2024 @ 11:34 Talked with Sue about electrical permit to be pulled by licensed electrician and inspected by City electical inspector for lights that were installed under overhang on front facade. NO re inspect fee at this time. If permit and inspection is not pulled within 30 days re inpect fees of $200.00 will restart JEREMIAH VANDYKE - 11/25/2024 @ 11:34 Talked with Sue at the store on 10/22/2024 about electrical permit to be pulled by licensed electrician and inspected by City electical inspector for lights that were installed under overhang on front facade. Re inspect Fee will restart: $200.00 JEREMIAH VANDYKE - 11/25/2024 @ 11:34 Talked with Sue and left copy of inspection report. Discussed getting an electrical permit pulled by Licensed electrician and inspected by City electrical inspector. JEREMIAH VANDYKE - 11/25/2024 @ 11:34 Re inspect fee: $200.00 JEREMIAH VANDYKE - 01/03/2025 @ 13:43 Talked with Sue at the store on 1/3/2025 about electrical permit to be pulled by licensed electrician and inspected by City electical inspector for lights that were installed under overhang on front facade. Left copy of report and discussed Alcohol license. Reinspect Fee : $200.00 REINSPECTION DATE 02/02/2025 CONTACT SIGNATURE Sue - Store Clerk Reason for not collecting a signature: NA INSPECTOR SIGNATURE JEREMIAH VANDYKE Signed on: 01/03/2025 @ 13:44 Printed on 01/17/2025 @ 14:38 Page 3 of 4 Page 246 of 529 QUESTIONS ABOUT YOUR INSPECTION? JEREMIAH VANDYKE jeremiah.vandyke@waterloo-ia.org No phone number available Printed on 01/17/2025 @ 14:38 Page 4 of 4 Page 247 of 529 WATERLOO FIRE RESCUE INSPECTION REPORT KING STAR, 2035 E MITCHELL AVE, BLDG 2035 E MITCHELL AVE, WATERLOO ►A 50702 DETAILS Inspection Date: 11/22/2023 I Inspection Type: Annual Inspection (1Yr) I Inspection Number: 11461 I Shift: N/A I Station: N/A Unit: N/A I Lead Inspector: JEFF SIEBEL I Other Inspectors: N/A VIOLATIONS AND COMPLIANCES Showing only violations and images for this inspection. Please reach out to the lead inspector for more details. Resolved Violations: 0 I Passed Codes: 22 I Violations: 7 I N/A Codes: 46 STATUS CODE DESCRIPTION 1203.2.6 - Exit signs. 1203.2.6 - Exit signs. Emergency power shall be provided for exit signs as required in Section 1013.6.3. The system shall be capable of powering the required load for a duration of not less than 90 minutes. Location: Main door Original Comment: repair exit light above main door Emergency power shall be provided for exit signs as required in Section 1013.6.3. The system shall be capable of powering the required load for a duration of not less than 90 minutes. Location: Side door to the west Original Comment: Repair exit light above door. Printed on 01/17/2025 @ 14:42 Page 1 of 5 Page 248 of 529 STATUS CODE DESCRIPTION FAI L FAIL 5303.5.3 - Securing compressed gas containers, cylinders and tanks. Compressed gas containers, cylinders and tanks shall be secured to prevent falling caused by contact, vibration or seismic activity. Securing of compressed gas containers, cylinders and tanks shall be by one of the following methods: 1.Securing containers, cylinders and tanks to a fixed object with one or more restraints. 2.Securing containers, cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers, cylinders or tanks. 3. Nesting of compressed gas containers, cylinders and tanks at container filling or servicing facilities or in sellers' warehouses not open to the public. Nesting shall be allowed provided that the nested containers, cylinders or tanks, if dislodged, do not obstruct the required means of egress. 4.Securing of compressed gas containers, cylinders and tanks to or within a rack, framework, cabinet or similar assembly designed for such use. Exception: Compressed gas containers, cylinders and tanks in the process of examination, filling, transport or servicing. Location: Not Provided Original Comment: properly secure compressed gas cylinder with chain. 603.2 - Abatement of unsafe Identified electrical hazards shall be abated. Identified hazardous electrical conditions and electrical conditions in permanent wiring shall be brought to the attention of the hazards. responsible code official. Electrical wiring, devices, appliances and other equipment that is modified or damaged and constitutes Conditions that constitute an electrical shock or fire hazard shall be abated not be used. Location: Front soffit Original Comment: remove or properly contain all electrical wiring outside in front soffit in accordance with electrical codes. Printed on 01/17/2025 @ 14:42 Page 2 of 5 Page 249 of 529 STATUS CODE DESCRIPTION FAIL 603.5.3 - Installation. Relocatable power tap cords shall not extend through walls, ceilings, floors, under doors or floor coverings, or be subject to environmental or physical damage. Location: Near gas controller in back room. Original Comment: properly mount power strip by gas controller in back room. May not hang by cords. FAIL 906.1 - Where required. Portable fire extinguishers shall be installed in all of the following locations: 1.In new and existing Group A, B, E, F, H, I, M, R-1, R-2, R-4 and S occupancies. Exceptions: 1.In Group R-2 occupancies, portable fire extinguishers shall be required only in locations specified in Items 2 through 6 where each dwelling unit is provided with a portable fire extinguisher having a minimum rating of 1-A:10- B:C. 2.In Group E occupancies, portable fire extinguishers shall be required only in locations specified in Items 2 through 6 where each classroom is provided with a portable fire extinguisher having a minimum rating of 2-A:20-B:C. 3. In storage areas of Group S occupancies where forklift, powered industrial truck or powered cart operators are the primary occupants, fixed extinguishers, as specified in NFPA 10, shall not be required where in accordance with all of the following: 3.1. Use of vehicle -mounted extinguishers shall be approved by the fire code official. 3.2. Each vehicle shall be equipped with a 10-pound, 40A:80B:C extinguisher affixed to the vehicle using a mounting bracket approved by the extinguisher manufacturer or the fire code official for vehicular use. 3.3. Not less than two spare extinguishers of equal or greater rating shall be available on -site to replace a discharged extinguisher. 3.4. Vehicle operators shall be trained in the proper operation, use and inspection of extinguishers. 3.5. Inspections of vehicle - mounted extinguishers shall be performed daily. 2.Within 30 feet (9144 mm) distance of travel from commercial cooking equipment and from domestic cooking equipment in Group 1-1; 1-2, Condition 1; and R-2 college dormitory occupancies. 3.In areas where flammable or combustible liquids are stored, used or dispensed. 4.On each floor of structures under construction, except Group R-3 occupancies, in accordance with Section 3316.1. 5.Where required by the sections indicated in Table 906.1. 6.Special-hazard areas, including but not limited to laboratories, computer rooms and generator rooms, where required by the fire code official. Exception: Portable fire extinguishers are not required at normally unmanned Group U occupancy buildings or structures where a portable fire extinguisher suitable to the hazard of the location is provided on the vehicle of visiting personnel. Location: near side door Original Comment: replace missing fire extinguisher next to side door. Printed on 01/17/2025 @ 14:42 Page 3 of 5 Page 250 of 529 STATUS CODE DESCRIPTION FAIL 906.2 - General requirements. Portable fire extinguishers shall be selected, installed and maintained in accordance with this section and NFPA 10. Exceptions: 1.The distance of travel to reach an extinguisher shall not apply to the spectator seating portions of Group A-5 occupancies. 2.Thirty-day inspections shall not be required and maintenance shall be allowed to be once every 3 years for dry -chemical or halogenated agent portable fire extinguishers that are supervised by a listed and approved electronic monitoring device, provided that all of the following conditions are met: 2.1.Electronic monitoring shall confirm that extinguishers are properly positioned, properly charged and unobstructed. 2.2.Loss of power or circuit continuity to the electronic monitoring device shall initiate a trouble signal. 2.3.The extinguishers shall be installed inside of a building or cabinet in a noncorrosive environment. 2.4.Electronic monitoring devices and supervisory circuits shall be tested every 3 years when extinguisher maintenance is performed. 2.5.A written log of required hydrostatic test dates for extinguishers shall be maintained by the owner to verify that hydrostatic tests are conducted at the frequency required by NFPA 10. 3.In Group 1-3, portable fire extinguishers shall be permitted to be located at staff locations. Location: Not Provided Original Comment: Provide annual service for all fire extinguishers. expired 2020 GENERAL NOTES JEFF SIEBEL - 11/28/2023 @ 12:36 annual inspection $80 REINSPECTION DATE 12/13/2023 CONTACT SIGNATURE 1 Muhammad Bhatti Signed on: 11/28/2023 @ 12:40 6 l,Q, , lc Printed on 01/17/2025 @ 14:42 Page 4 of 5 Page 251 of 529 INSPECTOR SIGNATURE JEFF SIEBEL Signed on: 11/28/2023 @ 12:40 QUESTIONS ABOUT YOUR INSPECTION? JEFF SIEBEL Jeff.Siebel@Waterloo-ia.org 3192301224 Printed on 01/17/2025 @ 14:42 Page 5 of 5 Page 252 of 529 WATERLOO FIRE RESCUE INSPECTION REPORT KING STAR, 2035 E MITCHELL AVE, BLDG 2035 E MITCHELL AVE, WATERLOO ►A 50702 DETAILS Inspection Date: 09/20/2024 I Inspection Type: Annual Inspection (1Yr) I Inspection Number: 11461-R9 I Shift: N/A I Station: N/A Unit: N/A I Lead Inspector: JEREMIAH VANDYKE I Other Inspectors: JEFF SIEBEL VIOLATIONS AND COMPLIANCES Showing only violations and images for this inspection. Please reach out to the lead inspector for more details. Resolved Violations: 0 I Passed Codes: 0 I Violations: 2 I N/A Codes: 0 STATUS FAIL CODE DESCRIPTION 105.1 - General. Permits shall be in accordance with Sections 105.1.1 through 105.6.24. Location: New lights installed under overhang of front facade. Original Comment: Need to have electrical permit pulled by licensed electrician and inspected by City electical inspector. 603.2 - Abatement of unsafe Identified electrical hazards shall be abated. Identified hazardous electrical conditions and electrical conditions in permanent wiring shall be brought to the attention of the hazards. responsible code official. Electrical wiring, devices, appliances and other equipment that is modified or damaged and constitutes Conditions that constitute an electrical shock or fire hazard shall be abated not be used. Location: Front soffit Original Comment: Remove or properly contain all electrical wiring outside in front soffit in accordance with electrical codes. Additional Comment: Talked to Sue about electrical permit and left copy of report. Printed on 01/17/2025 @ 14:49 Page 1 of 3 Page 253 of 529 STATUS CODE DESCRIPTION GENERAL NOTES JEREMIAH VANDYKE - 08/13/2024 @ 16:08 Talked with Store Clerk Sue and left copy of re inspect report with her. Re -inspection Fee: $200.00 JEREMIAH VANDYKE - 08/13/2024 @ 16:08 Left copy of inspection report with store clerk Sheila. Advised her that the re inspect fee is now $200.00 JEREMIAH VANDYKE - 08/13/2024 @ 16:08 Re inspect fee: $200.00 JEREMIAH VANDYKE - 08/13/2024 @ 16:08 Talked with store clerk Sue on what needed to be completed. Re -inspection Fee: $150.00 JEREMIAH VANDYKE - 08/13/2024 @ 16:08 Re -inspection dates are automatically generated 30 days out from the initial inspection. Normal operating hours for inspections & re -inspections are Monday - Friday, 8:00 a.m. - 5:00 p.m. If the automatically generated re -inspection date lands on a weekend, the re -inspection will typically be performed the following Monday or Tuesday. If all corrections are made before the 30 days, you can call to set up an earlier re -inspection. *****Re inspection fees may be assessed for subsequent re - inspections. Re -inspection fees start at $100, then $150, and $200 for all subsequent re-inspections.- JEREMIAH VANDYKE - 08/13/2024 @ 16:08 Lt. Van Dyke-jeremiah.vandyke@waterloo-ia.org - Work: 319-291-4460 - Cell: 319-883- 1615 JEREMIAH VANDYKE - 08/13/2024 @ 16:08 Still need to address the electrical in store front soffit. JEREMIAH VANDYKE - 08/13/2024 @ 16:08 RE -inspection fee: $100.00 JEREMIAH VANDYKE - 08/13/2024 @ 16:08 Re inspection Fee: $150.00 Printed on 01/17/2025 @ 14:49 Page 2 of 3 Page 254 of 529 GENERAL NOTES JEREMIAH VANDYKE - 08/13/2024 @ 16:08 Talked with Store clerk Sue and left copy of report with her. Re -inspection Fee: $200.00 JEREMIAH VANDYKE - 09/20/2024 @ 15:25 REINSPECTION DATE 10/20/2024 CONTACT SIGNATURE Talked with Sue about electrical permit to be pulled by licensed electrician and inspected by City electical inspector for lights that were installed under overhang on front facade. NO re inspect fee at this time. If permit and inspection is not pulled within 30 days re inpect fees of $200.00 will restart Sue - Store Clerk Reason for not collecting a signature: NA INSPECTOR SIGNATURE JEREMIAH VANDYKE Signed on: 09/20/2024 @ 15:25 QUESTIONS ABOUT YOUR INSPECTION? JEREMIAH VANDYKE jeremiah.vandyke@waterloo-ia.org No phone number available Jo Printed on 01/17/2025 @ 14:49 Page 3 of 3 Page 255 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department February 3, 2025 AGENDA ITEM TITLE Liquor Licenses a. The Comfort Zone, 213 E. 5th Street, Class C Retail Alcohol w/Sunday Sales (Renewal) Exp: 01/17/2026. b. Elite Cafe Bar, 1108 Jefferson Street, Class C Retail Alcohol w/Sunday Sales (Renewal) Exp: 2/7/2026. c. Hy-Vee Food & Drug Store #3, 1422 Flammang Drive, Class E Retail Alcohol w/Sunday Sales (Renewal) Exp: 02/08/2026 d. HyVee Market Cafe #3, 1422 Flammang Drive, Class C Alcohol w/Sunday Sales (Renewal) Exp: 3/15/2026. e. ML Golf- Gates Park Golf Shop, 820 E. Donald Street, Class C Retail Alcohol w/Outdoor Service, and Sunday Sales (Renewal) Exp: 2/28/2026. f. ML Golf -Iry Warren Golf Course, 1000 Fletcher Avenue, Class C Retail Alcohol w/Outdoor Service, and Sunday Sales (Renewal) Exp: 2/28/2026. g. ML Golf -South Hills Golf Course, 1000 Fletcher Avenue, Class C Retail Alcohol w/Outdoor Service, and Sunday Sales (Renewal) Exp: 2/28/2026. h. Sac's Neighborhood Pub, 2000 Hawthorne Avenue, Class C Alcohol w/Sunday Sales (Renewal) Exp: 1 /31 /2026. i. Veterans of Foreign Wars Club Post 1623, 1406 Commercial, Class F Retail Alcohol w/Sunday Sales (Renewal) Exp: 1/14/2026. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 256 of 529 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 257 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department February 3, 2025 AGENDA ITEM TITLE Tobacco Permits a. SK Minimart, 306 Byron Avenue. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 258 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department February 3, 2025 AGENDA ITEM TITLE Tobacco Device Permits a. Greenleaf Tobacco & E-Cigs, 1503 E. San Marnan Avenue, Device Retailer License. b. Greenleaf Tobacco & Vape Shop, 1608 University Avenue, Device Retailer License. c. SK Minimart, 306 Byron Avenue, Device Retailer License. d. SK Minimart, 306 Byron Avenue, Retail Tobacco License. e. Broadway Liquor, 821 Broadway, Device Retailer License. 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 Page 259 of 529 ATTACHMENTS None Page 260 of 529 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department AGENDA ITEM TITLE FYE 2025 Budget Amendment. RECOMMENDED COUNCIL ACTION MEETING DATE February 3, 2025 SUMMARY STATEMENT AND BACKGROUND INFORMATION The City is required under state law to amend the budget prior to exceeding expenditures in any one of the nine program areas; public safety, public works, health and social services, culture and recreation, community and economic development, general government, debt service, capital projects and proprietary funds (sewer and sanitation). NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Budget Amendment FYE25 Memo to Mayor Council Page 261 of 529 2. Public Hearing Notice Page 262 of 529 11111.111111111111111 Mayor QUENTIN HART COUNCIL MEMBERS JOHN CHILES Ward 1 DAVE BOESEN Ward 2 NIA WILDER Ward 3 BELINDA CREIGHTON -SMITH, Ward 4 RAY FEUSS Ward 5 ROB NICHOLS At -Large STEVE SIMON At -Large CITY OF WATERLOO Finance Office TO: Mayor Hart City Council Members DATE: February 3, 2025 FROM: Bridgett Wood, Finance Director RE: Proposed Amendment to Budget for the fiscal year ending June 30, 2025 Enclosed is a proposed amendment to the budget for the fiscal year ending June 30, 2025, as published on January 23, 2025. The purpose of filing budget amendments is to comply with state law regarding expending city funds. The Code of Iowa requires that any of the nine budget program areas that are anticipated to exceed the amount originally appropriated be amended no later than May 31 of each fiscal year. The nine program areas prescribed by Iowa Code include Public Safety, Public Works, Health and Social Services, Culture and Recreation, Community and Economic Development, General Government, Debt Service, Capital Projects, and Business Type/Enterprise activities. Highlights from amendment made include the following: a. In the Capital Projects program, additional expense incurred by the sale of bonds for TIF project and Sewer Revenue project made since the FY25 budget was set. b. The transfers in and out lines were amended to reflect the potential increase of ARPA expense spent for the backbone project. The line on the budget amendment form titled Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out indicates that when the certified budget was filed, we anticipated spending $31,315,886 more than we expected to collect in current year revenue, primarily due to spending bond and grant funds received in prior fiscal years. This amendment increases the amount that expenses are anticipated to exceed revenues by an additional $10,000,000 to a total of $41,315,886. This is due to the use of ARPA funds. Since state law prohibits the City from spending more in any major program area than budgeted, we have budgeted generously with expenses. We do not anticipate that we will spend all amounts budgeted by June 30, 2025. If you have any questions about the information presented, please contact me. Page 263 of 529 NOTICE OF PUBLIC HEARING - AMENDMENT OF CURRENT BUDGET City of WATERLOO Fiscal Year July 1, 2024 - June 30, 2025 The City of WATERLOO will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30, 2025 Meeting Date/Time: 2/3/2025 05:30 PM Contact: Bridgett Wood Phone: (319) 291-4323 Meeting Location: Council Chambers 715 Mulberry St Waterloo, IA 50703 There will be no increase in taxes. Any residents or taxpayers will be heard for or against the proposed amendment at the time and place specified above. A detailed statement of: additional receipts, cash balances on hand at the close of the preceding fiscal year, and proposed disbursements, both past and anticipated, will be available at the hearing. Budget amendments are subject to protest. If protest petition requirements are met, the State Appeal Board will hold a local hearing. For more information, consult https://dom.iowa.gov/local-gov-appeals. REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amendment Total Budget After Current Amendment Taxes Levied on Property 51,397,687 0 51,397,687 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 51,397,687 0 51,397,687 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 21,144,488 0 21,144,488 Other City Taxes 6 21,785,063 0 21,785,063 Licenses & Permits 7 1,519,705 0 1,519,705 Use of Money & Property 8 2,448,000 0 2,448,000 Intergovernmental 9 76,399,232 0 76,399,232 Charges for Service 10 39,254,131 0 39,254,131 Special Assessments 11 510,000 0 510,000 Miscellaneous 12 11,940,270 0 11,940,270 Other Financing Sources 13 30,090,000 37,698,102 67,788,102 Transfers In 14 41,859,098 10,000,000 51,859,098 Total Revenues & Other Sources 15 298,347,674 47,698,102 346,045,776 EXPENDITURES & OTHER FINANCING USES Public Safety 16 44,707,357 0 44,707,357 Public Works 17 44,665,639 0 44,665,639 Health and Social Services 18 397,202 0 397,202 Culture and Recreation 19 13,548,997 0 13,548,997 Community and Economic Development 20 25,840,488 0 25,840,488 General Government 21 12,841,409 0 12,841,409 Debt Service 22 15,992,120 0 15,992,120 Capital Projects 23 86,739,483 47,698,102 134,437,585 Total Government Activities Expenditures 24 244,732,695 47,698,102 292,430,797 Business Type/Enterprise 25 43,071,767 0 43,071,767 Total Gov Activities & Business Expenditures 26 287,804,462 47,698,102 335,502,564 Transfers Out 27 41,859,098 10,000,000 51,859,098 Total Expenditures/Transfers Out 28 329,663,560 57,698,102 387,361,662 Excess Revenues &Other Sources Over (Under) Expenditures/Transfers Out 29 -31,315,886 -10,000,000 -41,315,886 Beginning Fund Balance July 1, 2024 30 122,096,004 0 122,096,004 Ending Fund Balance June 30, 2025 31 90,780,118 -10,000,000 80,780,118 Explanation of Changes: To budget for additional bond funds received and spent, anticipated capital projects expense, including those funded with ARPA cash. 01/16/2025 10:08 AM Paae 1 of 1 Page 264 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT LeKeisha Veasley, Housing Authority Director Housing Authority Department MEETING DATE February 3, 2025 AGENDA ITEM TITLE Proposed funding recommendation set forth by the Housing Authority Board for the Five Year Capital Funds Action Plan for FY 2024-2028. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Certification of compliance with public hearing for Waterloo Housing Authority 5-Year Capital Funds Action Plan The purpose of this hearing will be to receive public comments on the Waterloo Housing Authority's proposed 5-Year Capital Funds Action Plan for Fiscal Year 2024-2028. The purpose of the plan is to disclose how the Waterloo Housing Authority will utilize the funds to maintain its existing public housing complex called Ridgeway Towers. Department of Housing and Urban Development (HUD) Capital Fund provides funds, annually, to Public Housing Agencies (PHAs) for the development, financing, and modernization of public housing developments and for management improvements for the property. The 5-Year Capital Funds Action Plan was available for public review in two (2) locations: 1) The Waterloo Housing Authority Office, Carnegie Annex, 620 Mulberry Street, Waterloo, Iowa 50703 2) The Ridgeway Towers Apartment Complex, 225 West Ridgeway Ave, Waterloo, Iowa 50701 NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 265 of 529 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. CONTRACT INVOICE 12.12.24-Town and Country 2. CAP Funds 5 Year Action Plan-2024-2028 Page 266 of 529 Proposal %4d w ewes*, gl e 0 Are. 4920 Dubuque Road, Waterloo, IA 50703 (319) 235-9565 fax: (319) 234-2518 Website: www.tchomeimprovement.com Email: tchi@tchomeimprovement.com Proposal submitted to: Waterloo Housing Authority Phone: Date: 319.233.0201 ,12.12.24 _ Estimated By: Anne Meyer-Schmtiz Address: 620 Mulberry St. Email: City, State, Zip code Waterloo, IA 50703 Job Location: Ridgeway Towers - First Floor - Phase 1 We hereby submit this estimate in accordance with the following specifications: Waterloo Housing Authority - Ridgeway Towers: First Floor - Phase 1 Page 1 of 1 plan. 225 W. Ridgeway Ave., Waterloo, IA 50701 Demo: Tear out and haul away existing cabinets and countertops at kitchen. Cabinets: Provide and install Bertch Marketplace cabinets as per attached floor Doorstyle: Morgan Wood: Birch Stain: Dawn Mouldings include scribe. No crown moulding included. Hardware: Liberty, Garrett, Satin Nickel Knob Countertops: Install post form laminate countertops as per attached floor plan. Color: Ivory Kashmire, 6226-46, Formica 4" backsplash Waterfall edge Plumbing: Included in pricing. All units include faucets with pull -down sprayers. Electrical: By owner. Flooring: Existing sheet vinyl to remain. Vinyl Base: Install 4" vinyl base throughout, color: Fawn. First Floor - 2 Bedroom 0 x $8,840 $ - First Floor - 1 Bedroom 8 x $8,840 $ 70,720.00 First Floor - Handicapped Unit 5 x $8,605 $ 43,025.00 First Floor - Pantry Unit 1 x $8,415 $ 8,415.00 First Floor Total - Labor & Materials $ 122,160.00 Thank you for the opportunity to serve you. Prices subject to change after 30 days to reflect current market price. IPayment is to be made as follows: 1/3 down with payment in full upon final inspection and completion of work. A 3% convenience fee will be applied to all purchases using debit or credit card. We at Town & Country Home Improvement guarantee our workmanship on carpet and vinyl installations for a period of 24 months after date of installation This includes labor charges such as: seam repair, restretches, reattaching carpet to tack strip or metals, adhering vinyl to floor, or repairing bubbles and/or curling After the warranty period of 24 months expires, you, the consumer, become solely responsible for any and all charges related to the items listed This warranty does not replicate, duplicate, or extend any warranties published by manufacturers. All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tomado and other necessary insurance Our workers are fully covered by Workman's Compensation Insurance NOTE This proposal may be withdrawn by us if not accepted within 10 days Authorized Signature ACCEPTANCE OF PROPOSAL - The above pnces, specifications and conditions are satssfactory and are hereby accepted. You are authonzed to do the work as specified Payment will be made as outlined above. Date of Acceptance Signature Signature Page 267 of 529 7cteva & er3afteuy qtwee Iminemeemteor ea. , Too. 4920 Dubuque Road, Waterloo, IA 50703 Phone (319) 235-9565 Fax (319) 234-2518 tchi@tchomeimprovement.com Bill To: WATERLOO HOUSING AUTHORITY 620 MULBERRY STREET WATERLOO, IA 50701 P.O. No. 225 Invoice # 12/13/2024 35527 Terms DUE 30 DAYS Rep AMS Description Amount PROJECT: RIDGEWAY TOWERS FIRST FLOOR PHASE 1 @ 225 W RIDGEWAY AVE., WATERLOO REQUEST FOR 1/3 DOWN ON PROJECT. TOTAL 40,679.00 A 3% convenience fee will be applied to all purchases using debit or credit card. A service charge of 1.5% per month will be applied to past due accounts. Sales Tax (0.00) $0.00 Payments/Credits $0.00 Balance Due $40,679.00 THANK YOU FOR YOUR BUSINESS Page 268 of 529 Finish Selections Laminate color: Ivory Kashmire Page 269 of 529 Capital Fund Program - Five -Year Action Plan Status: Draft Approval Date: Approved By: U.S. Department of Housing and Urban Development Office of Public and Indian Housing 2577-0274 02/28/2022 Part I: Summary PHA Name : Waterloo Housing Authority PHA Number: IA050 Locality )1 (City/County & State) Original 5-Year Plan • Revised 5-Year Plan (Revision No: ) A. Development Number and Name Work Statement for Year 1 2024 Work Statement for Year 2 2025 Work Statement for Year 3 2026 Work Statement for Year 4 2027 Work Statement for Year 5 2028 RIDGEWAY TOWERS (IA050000050) $88,098.00 $88,098.00 $88,098.00 $88,098.00 $88,098.00 Form HUD-50075.2(4/2008) Page 270 of 529 Capital Fund Program - Five -Year Action Plan U.S. Department of Housing and Urban Development Office of Public and Indian Housing 2577-0274 02/28/2022 Part II: Supporting Pages - Physical Needs Work Statements (s) Work Statement for Year 1 2024 Identifier Development Number/Name General Description of Major Work Categories Quantity Estimated Cost RTDGEWAY TOWERS (IA050000050) $88,098.00 ID0014 Operations(Operations (1406)) Maintenance and/or repairs $16,966.00 ID0020 Kitchen remodels(Dwelling Unit -Interior (1480)-Kitchen Sinks and Faucets,Dwelling Unit -Interior (1480)-Other,Dwelling Unit -Interior (1480)-Kitchen Cabinets) Kitchen remodels for apartments units. First floor cabinets and counter tops. 14 units $71,132.00 Subtotal of Estimated Cost $88,098.00 Form HUD-50075.2(4/2008) Page 271 of 529 Capital Fund Program - Five -Year Action Plan U.S. Department of Housing and Urban Development Office of Public and Indian Housing 2577-0274 02/28/2022 Part II: Supporting Pages - Physical Needs Work Statements (s) Work Statement for Year 2 2025 Identifier Development Number/Name General Description of Major Work Categories Quantity Estimated Cost RTDGEWAY TOWERS (IA050000050) $88,098.00 ID0018 Operations(Operations (1406)) Maintenance and/or repairs $16,966.00 ID0025 Kitchen remodels -Phase 2(Dwelling Unit -Interior (1480)-Kitchen Sinks and Faucets,Dwelling Unit- Interior (1480)-Other,Dwelling Unit -Interior (1480)-Plumbing,Dwelling Unit -Interior (1480)-Kitchen Cabinets) Kitchen remodels for apartment unit -phase 2 (second floor 14 units) $71,132.00 Subtotal of Estimated Cost $88,098.00 Form HUD-50075.2(4/2008) Page 272 of 529 Capital Fund Program - Five -Year Action Plan U.S. Department of Housing and Urban Development Office of Public and Indian Housing 2577-0274 02/28/2022 Part II: Supporting Pages - Physical Needs Work Statements (s) Work Statement for Year 3 2026 Identifier Development Number/Name General Description of Major Work Categories Quantity Estimated Cost RTDGEWAY TOWERS (IA050000050) $88,098.00 ID0021 Operations(Operations (1406)) Maintenance and/or repairs $16,966.00 ID0022 Kitchen Remodel- Final Phase(Dwelling Unit -Interior (1480)-Kitchen Cabinets,Dwelling Unit -Interior (1480)-Kitchen Sinks and Faucets,Dwelling Unit -Interior (1480)-Plumbing) Complete final phase kitchen remodel (3rd Floor)-14 units $71,132.00 Subtotal of Estimated Cost $88,098.00 Form HUD-50075.2(4/2008) Page 273 of 529 Capital Fund Program - Five -Year Action Plan U.S. Department of Housing and Urban Development Office of Public and Indian Housing 2577-0274 02/28/2022 Part II: Supporting Pages - Physical Needs Work Statements (s) Work Statement for Year 4 2027 Identifier Development Number/Name General Description of Major Work Categories Quantity Estimated Cost RTDGEWAY TOWERS (IA050000050) $88,098.00 ID0026 Operations(Operations (1406)) Maintenance and/or repairs $16,966.00 ID0027 Repair/replace Roof(Non-Dwelling Exterior (1480)-Roofs) The flat roof is original to the building. Major repair was completed 2-3 years ago, but we know that the entire roof will need to be replaced within 5-10 years. Would like to begin saving for this approximately $200,000 project now. $71,132.00 Subtotal of Estimated Cost $88,098.00 Form HUD-50075.2(4/2008) Page 274 of 529 Capital Fund Program - Five -Year Action Plan U.S. Department of Housing and Urban Development Office of Public and Indian Housing 2577-0274 02/28/2022 Part II: Supporting Pages - Physical Needs Work Statements (s) Work Statement for Year 5 2028 Identifier Development Number/Name General Description of Major Work Categories Quantity Estimated Cost RTDGEWAY TOWERS (IA050000050) $88,098.00 ID0029 Operations(Operations (1406)) Maintenance and/or repairs $16,966.00 ID0030 Repair/replace Roof(Dwelling Unit -Exterior (1480)-Roofs,Non-Dwelling Exterior (1480)-Roofs) The flat roof is original to the building. Major repair was completed 2-3 years ago, but we know that the entire roof will need to be replaced within 5-10 years. Would like to begin saving for this approximately $200,000 project now. $71,132.00 Subtotal of Estimated Cost $88,098.00 Form HUD-50075.2(4/2008) Page 275 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE February 3, 2025 AGENDA ITEM TITLE FY 2023 Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Project, Contract No. 1062. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Bid Tabulation 2. Sunnyside Bid Tabulation Summary Page 276 of 529 Page 277 of 529 FY23 Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Project Contract No. 1062 Engineer's Estimate $2,249,102.50 January 23, 2025 Bidder Bid Security Bid Amount Aaron Crane Construction, LLC Manchester, IA 5% S1,704,082.90 Peterson Contractors Inc. Reinbeck, IA 5% $1,565,743.39 Connolly Construction, Inc. Peosta, IA 5% $1,728,150.09 Boomerang Corp. Anamosa, IA 5% $2,246,498.40 Page 278 of 529 BID TABULATION SUMMARY SUNNYSIDE CREEK WATER QUALITY WET POND WATERLOO, IOWA January 23, 2025 ESTIMATED PROJECT QUANTITIES Engineer's Estimate Aaron Crane Construction Boomerang Corp Connolly Construction Peterson Contractors Item No. Specification Description Units Plan Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 2010-A CLEARING AND GRUBBING UNIT 360.2 $ 50.00 $ 18,010.00 $ 24.00 $ 8,644.80 $ 40.00 $ 14,408.00 $ 9.45 $ 3,403.89 $ 60.00 $ 21,612.00 2 2010-B CLEARING AND GRUBBING ACRE 1.7 $ 6,000.00 $ 10,200.00 $ 4,000.00 $ 6,800.00 $ 7,800.00 $ 13,260.00 $ 7,225.00 $ 12,282.50 $ 4,500.00 $ 7,650.00 3 2010-D-1 TOPSOIL ON -SITE CY 49,500.0 $ 8.00 $ 396,000.00 $ 4.80 $ 237,600.00 $ 3.90 $ 193,050.00 $ 4.60 $ 227,700.00 $ 4.50 $ 222,750.00 4 2010-E EXCAVATION, CLASS 10 CY 140,000.0 $ 5.00 $ 700,000.00 $ 2.90 $ 406,000.00 $ 4.00 $ 560,000.00 $ 4.10 $ 574,000.00 $ 2.35 $ 329,000.00 5 2010-E EXCAVATION, CLASS 12, BOULDERS AND ROCK FRAGMENTS CY 1,000.0 $ - $ 30.00 $ 30,000.00 $ 30.00 $ 30,000.00 $ 9.10 $ 9,100.00 $ 10.00 $ 10,000.00 6 2010-E CHANNEL EXCAVATION, CLASS 13 CY 1,010.0 $ 12.00 $ 12,120.00 $ 20.00 $ 20,200.00 $ 100.00 $ 101,000.00 $ 23.85 $ 24,088.50 $ 19.50 $ 19,695.00 7 2010-G SUBGRADE PREPARATION, WET POND CLAY MATERIAL SY 19,800.0 $ 5.00 $ 99,000.00 $ 3.60 $ 71,280.00 $ 2.00 $ 39,600.00 $ 2.00 $ 39,600.00 $ 1.25 $ 24,750.00 8 2010-1 SUBGRADE TREATMENT, GEOGRID, TYPE 1 SY 2,000.0 $ 3.50 $ 7,000.00 $ 3.00 $ 6,000.00 $ 1.00 $ 2,000.00 $ 2.55 $ 5,100.00 $ 2.50 $ 5,000.00 9 4010-A-1 SANITARY SEWER GRAVITY MAIN, TRENCHED, PVC TRUSS, 8" LF 539.0 $ 115.00 $ 61,985.00 $ 34.00 $ 18,326.00 $ 80.00 $ 43,120.00 $ 79.30 $ 42,742.70 $ 130.00 $ 70,070.00 10 4010-A-1 SANITARY SEWER GRAVITY MAIN, TRENCHED, PVC TRUSS, 10" LF 1,323.0 $ 130.00 $ 171,990.00 $ 88.00 $ 116,424.00 $ 100.00 $ 132,300.00 $ 99.45 $ 131,572.35 $ 142.50 $ 188,527.50 11 4010-H REMOVAL OF SANITARY SEWER, PVC, 8-10" LF 1,530.0 $ 20.00 $ 30,600.00 $ 10.00 $ 15,300.00 $ 10.00 $ 15,300.00 $ 5.00 $ 7,650.00 $ 40.00 $ 61,200.00 12 4020-A-1 STORM SEWER, TRENCHED, RCP, CLASS III, 48" LF 83.0 $ 315.00 $ 26,145.00 $ 360.00 $ 29,880.00 $ 360.00 $ 29,880.00 $ 292.35 $ 24,265.05 $ 300.00 $ 24,900.00 13 4020-D REMOVAL OF STORM SEWER, RCP, 12" LF 10.0 $ 30.00 $ 300.00 $ 100.00 $ 1,000.00 $ 30.00 $ 300.00 $ 17.45 $ 174.50 $ 17.50 $ 175.00 14 4020-D REMOVAL OF STORM SEWER, RCP, 18" LF 6.0 $ 30.00 $ 180.00 $ 100.00 $ 600.00 $ 30.00 $ 180.00 $ 29.00 $ 174.00 $ 17.50 $ 105.00 15 4020-D REMOVAL OF STORM SEWER, RCP, 24" LF 52.0 $ 30.00 $ 1,560.00 $ 100.00 $ 5,200.00 $ 30.00 $ 1,560.00 $ 18.00 $ 936.00 $ 17.50 $ 910.00 16 4020-D REMOVAL OF STORM SEWER, RCP, 36" LF 47.0 $ 30.00 $ 1,410.00 $ 100.00 $ 4,700.00 $ 40.00 $ 1,880.00 $ 17.50 $ 822.50 $ 40.00 $ 1,880.00 17 4030-B 12" RCP APRON, 4030.222 EACH 1.0 $ 2,400.00 $ 2,400.00 $ 2,000.00 $ 2,000.00 $ 3,200.00 $ 3,200.00 $ 1,975.00 $ 1,975.00 $ 1,750.00 $ 1,750.00 18 4030-B 18" RCP APRON, 4030.222 EACH 1.0 $ 2,500.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 3,400.00 $ 3,400.00 $ 2,500.00 $ 2,500.00 $ 2,100.00 $ 2,100.00 19 IDOT 2416 REMOVE AND REINSTALL CONCRETE PIPE APRON, 36" EACH 1.0 $ 1,500.00 $ 1,500.00 $ 1,300.00 $ 1,300.00 $ 2,200.00 $ 2,200.00 $ 775.00 $ 775.00 $ 1,350.00 $ 1,350.00 20 IDOT 2416 REMOVE AND REINSTALL CONCRETE PIPE APRON, 48" EACH 1.0 $ 1,800.00 $ 1,800.00 $ 1,300.00 $ 1,300.00 $ 2,200.00 $ 2,200.00 $ 884.00 $ 884.00 $ 1,800.00 $ 1,800.00 21 4030-C FOOTING FOR CONCRETE PIPE APRON, RCP, 36" EACH 1.0 $ 1,500.00 $ 1,500.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 2,160.00 $ 2,160.00 $ 2,400.00 $ 2,400.00 22 4030-C FOOTING FOR CONCRETE PIPE APRON, RCP, 48" EACH 1.0 $ 1,500.00 $ 1,500.00 $ 1,700.00 $ 1,700.00 $ 1,200.00 $ 1,200.00 $ 2,445.00 $ 2,445.00 $ 3,150.00 $ 3,150.00 23 6010-A MANHOLE, SANITARY SEWER, SW-301, 48" EACH 4.0 $ 9,000.00 $ 36,000.00 $ 15,000.00 $ 60,000.00 $ 8,600.00 $ 34,400.00 $ 8,725.00 $ 34,900.00 $ 7,000.00 $ 28,000.00 24 6010-A MANHOLE, SANITARY SEWER, SW-303, 48" EACH 1.0 $ 12,000.00 $ 12,000.00 $ 8,800.00 $ 8,800.00 $ 9,000.00 $ 9,000.00 $ 9,650.00 $ 9,650.00 $ 7,500.00 $ 7,500.00 25 6010-B INTAKE, 6010.513 EACH 1.0 $ 8,000.00 $ 8,000.00 $ 8,500.00 $ 8,500.00 $ 12,000.00 $ 12,000.00 $ 14,700.00 $ 14,700.00 $ 11,500.00 $ 11,500.00 26 6010-C-1 INTERNAL DROP CONNECTION, 8" EACH 1.0 $ 3,000.00 $ 3,000.00 $ 3,500.00 $ 3,500.00 $ 2,800.00 $ 2,800.00 $ 1,415.00 $ 1,415.00 $ 3,000.00 $ 3,000.00 27 6010-F-1 MANHOLE ADJUSTMENT, MAJOR EACH 1.0 $ 3,500.00 $ 3,500.00 $ 5,000.00 $ 5,000.00 $ 4,200.00 $ 4,200.00 $ 3,775.00 $ 3,775.00 $ 2,850.00 $ 2,850.00 28 6010-G-1 CONNECTION TO EXISTING SANITARY MANHOLE EACH 2.0 $ 3,500.00 $ 7,000.00 $ 1,700.00 $ 3,400.00 $ 2,600.00 $ 5,200.00 $ 1,900.00 $ 3,800.00 $ 2,750.00 $ 5,500.00 29 IDOT 2403 STAGED DETENTION BASIN OUTLET/RCB MODIFICATIONS EACH 1.0 $ 50,000.00 $ 50,000.00 $ 30,000.00 $ 30,000.00 $ 40,000.00 $ 40,000.00 $ 50,000.00 $ 50,000.00 $ 40,000.00 $ 40,000.00 30 TECHNICAL CONCRETE REPAIR - RCB JOINT REPAIR LF 32.0 $ 125.00 $ 4,000.00 $ 230.00 $ 7,360.00 $ 300.00 $ 9,600.00 $ 348.00 $ 11,136.00 $ 680.00 $ 21,760.00 31 IDOT 2426 CONCRETE REPAIR - RCB SPALLING REPAIR SF 30.0 $ 275.00 $ 8,250.00 $ 400.00 $ 12,000.00 $ 200.00 $ 6,000.00 $ 348.00 $ 10,440.00 $ 322.50 $ 9,675.00 32 6010-H-1 REMOVE SANITARY MANHOLE, 48" EACH 4.0 $ 1,000.00 $ 4,000.00 $ 2,000.00 $ 8,000.00 $ 500.00 $ 2,000.00 $ 505.00 $ 2,020.00 $ 1,200.00 $ 4,800.00 33 6020-A-3 URETHANE CHIMNEY SEAL EACH 4.0 $ 1,000.00 $ 4,000.00 $ 1,600.00 $ 6,400.00 $ 1,200.00 $ 4,800.00 $ 975.00 $ 3,900.00 $ 1,200.00 $ 4,800.00 34 7080-B ENGINEERING FABRIC SY 57.3 $ 5.00 $ 286.50 $ 10.00 $ 573.00 $ 1.00 $ 57.30 $ 12.50 $ 716.25 $ 2.50 $ 143.25 35 9010-A-2 SWPPP MANAGEMENT LS 1.0 $ 5,000.00 $ 5,000.00 $ 15,000.00 $ 15,000.00 $ 2,000.00 $ 2,000.00 $ 2,500.00 $ 2,500.00 $ 4,200.00 $ 4,200.00 36 9010-B HYDRAULIC SEEDING, FERTILIZING, AND MULCHING, TYPE 2 ACRE 2.4 $ 3,000.00 $ 7,200.00 $ 2,225.00 $ 5,340.00 $ 2,225.00 $ 5,340.00 $ 2,580.00 $ 6,192.00 $ 2,500.00 $ 6,000.00 37 9010-B HYDRAULIC SEEDING, FERTILIZING, AND MULCHING, TYPE 3 ACRE 11.4 $ 3,000.00 $ 34,200.00 $ 2,100.00 $ 23,940.00 $ 2,100.00 $ 23,940.00 $ 2,435.00 $ 27,759.00 $ 2,150.00 $ 24,510.00 38 9010-B HYDRAULIC SEEDING, FERTILIZING, AND MULCHING, TYPE 5 (MODIFIED) ACRE 16.5 $ 2,000.00 $ 33,000.00 $ 1,690.00 $ 27,885.00 $ 1,690.00 $ 27,885.00 $ 1,960.00 $ 32,340.00 $ 1,500.00 $ 24,750.00 39 9010-108B HYDRAULIC SEEDING, FERTILIZING, AND MULCHING, WETLAND ACRE 2.7 $ 6,000.00 $ 16,200.00 $ 3,075.00 $ 8,302.50 $ 3,075.00 $ 8,302.50 $ 3,565.00 $ 9,625.50 $ 3,120.00 $ 8,424.00 40 9010-D WATERING MGAL 200.0 $ 100.00 $ 20,000.00 $ 61.50 $ 12,300.00 $ 62.00 $ 12,400.00 $ 75.00 $ 15,000.00 $ 25.00 $ 5,000.00 41 9010-E WARRANTY LS 1.0 $ 10,000.00 $ 10,000.00 $ 2,650.00 $ 2,650.00 $ 2,650.00 $ 2,650.00 $ 3,075.00 $ 3,075.00 $ 5,000.00 $ 5,000.00 42 9030-B PLANTS WITH WARRANTY, SHADE TREES, 1.5" (SEE EST. REFERENCE NOTES FOR TYPE) EACH 36.0 $ 600.00 $ 21,600.00 $ 417.00 $ 15,012.00 $ 417.00 $ 15,012.00 $ 450.00 $ 16,200.00 $ 390.00 $ 14,040.00 43 9040-E TEMPORARY RECP,TYPE 2B SY 36,600.0 $ 2.00 $ 73,200.00 $ 1.62 $ 59,292.00 $ 1.62 $ 59,292.00 $ 1.88 $ 68,808.00 $ 1.80 $ 65,880.00 44 IDOT 2601 TURF REINFORCEMENT MAT, TYPE 2 SQ 400.0 $ 60.00 $ 24,000.00 $ 63.00 $ 25,200.00 $ 63.00 $ 25,200.00 $ 73.00 $ 29,200.00 $ 44.00 $ 17,600.00 45 9040-F-1 WATTLE, 12" LF 1,200.0 $ 3.50 $ 4,200.00 $ 2.45 $ 2,940.00 $ 2.50 $ 3,000.00 $ 2.85 $ 3,420.00 $ 2.05 $ 2,460.00 46 9040-F-2 WATTLE, REMOVAL LF 1,200.0 $ 0.50 $ 600.00 $ 0.30 $ 360.00 $ 0.30 $ 360.00 $ 0.35 $ 420.00 $ 0.01 $ 12.00 47 9040-J RIP RAP, CLASS E REVETMENT TON 67.0 $ 75.00 $ 5,025.00 $ 41.00 $ 2,747.00 $ 80.00 $ 5,360.00 $ 56.55 $ 3,788.85 $ 55.00 $ 3,685.00 48 9040-N-1 SILT FENCE LF 4,830.0 $ 2.00 $ 9,660.00 $ 1.50 $ 7,245.00 $ 1.50 $ 7,245.00 $ 1.75 $ 8,452.50 $ 1.80 $ 8,694.00 49 9040-N-2 SILT FENCE, REMOVAL OF SEDIMENT LF 4,830.0 $ 0.50 $ 2,415.00 $ 0.01 $ 48.30 $ 0.01 $ 48.30 $ 0.65 $ 3,139.50 $ 0.01 $ 48.30 50 9040-N-3 SILT FENCE, REMOVAL OF DEVICE LF 4,830.0 $ 0.20 $ 966.00 $ 0.01 $ 48.30 $ 0.01 $ 48.30 $ 0.10 $ 483.00 $ 0.01 $ 48.30 51 9040-0-2 STABILIZED CONSTRUCTION ENTRANCE TON 500.0 $ 40.00 $ 20,000.00 $ 30.00 $ 15,000.00 $ 44.00 $ 22,000.00 $ 36.15 $ 18,075.00 $ 27.50 $ 13,750.00 52 IDOT 2602 OPEN -THROAT CURB INTAKE SEDIMENT FILTER, EC-602 LF 8.0 $ 50.00 $ 400.00 $ 15.00 $ 120.00 $ 15.00 $ 120.00 $ 15.00 $ 120.00 $ 25.00 $ 200.00 53 IDOT 2602 MAINTENANCE OF OPEN -THROAT CURB INTAKE SEDIMENT FILTER EACH 2.0 $ 25.00 $ 50.00 $ 5.00 $ 10.00 $ 5.00 $ 10.00 $ 5.00 $ 10.00 $ 0.01 $ 0.02 54 IDOT 2602 REMOVAL OF OPEN -THROAT CURB INTAKE SEDIMENT FILTER EACH 2.0 $ 25.00 $ 50.00 $ 5.00 $ 10.00 $ 5.00 $ 10.00 $ 5.00 $ 10.00 $ 0.01 $ 0.02 55 IDOT 2507 REVETMENT, REMOVE AND REPLACE CY 200.0 $ 30.00 $ 6,000.00 $ 40.00 $ 8,000.00 $ 32.00 $ 6,400.00 $ 10.00 $ 2,000.00 $ 27.50 $ 5,500.00 56 TECHNICAL FLEXAMAT PLUS, FOREBAY SPILLWAY SF 15,120.0 $ 8.00 $ 120,960.00 $ 9.00 $ 136,080.00 $ 8.00 $ 120,960.00 $ 5.75 $ 86,940.00 $ 6.85 $ 103,572.00 57 IDOT 2519 FENCE, CHAIN LINK, 72 IN. HEIGHT LF 1,660.0 $ 30.00 $ 49,800.00 $ 24.00 $ 39,840.00 $ 20.00 $ 33,200.00 $ 24.35 $ 40,421.00 $ 21.00 $ 34,860.00 58 9060-108E REMOVAL OF FENCE LF 1,660.0 $ 7.00 $ 11,620.00 $ 2.00 $ 3,320.00 $ 6.00 $ 9,960.00 $ 3.75 $ 6,225.00 $ 5.00 $ 8,300.00 59 9080-B HANDRAIL, GALVANIZED STEEL LF 30.7 $ - $ 150.00 $ 4,605.00 $ 300.00 $ 9,210.00 $ 275.00 $ 8,442.50 $ 510.00 $ 15,657.00 60 11020-A MOBILIZATION LS 1.0 $ 110,000.00 $ 110,000.00 $ 160,000.00 $ 160,000.00 $ 523,000.00 $ 523,000.00 $ 72,500.00 $ 72,500.00 $ 50,000.00 $ 50,000.00 61 11050-A CONCRETE WASHOUT LS 1.0 $ 3,000.00 $ 3,000.00 $ 400.00 $ 400.00 $ 250.00 $ 250.00 $ 500.00 $ 500.00 $ 1,750.00 $ 1,750.00 62 TECHNICAL INFORMATIONALSIGNAGE LS 1.0 $ 3,000.00 $ 3,000.00 $ 900.00 $ 900.00 $ 2,000.00 $ 2,000.00 $ 1,700.00 $ 1,700.00 $ 1,500.00 $ 1,500.00 TOTAL ESTIMATED CONSTRUCTION COST $ 2,279,882.50 $ 1,717,582.90 $ 2,246,498.40 $ 1,728,150.09 $ 1,565,743.39 Notes* Items 5 and 59 were added by addendum. They were not part of the original Engineer's Estimate Aaron Crane Construction Estimate - Total price for Item 51 did not match unit price per the quantity. Updated from $1,500 to $15,000 which increased total bid by $13,500. Page 279 of 529 BIDS RECEIVED SUNNYSIDE CREEK WETPOND WATERLOO, IOWA BID DATE: JANUARY 23, 2025 @ 1:00 Engineer's Estimate Bidder 1 Bidder 2 Bidder 3 Bidder 4 Aaron Crane Construction, LLC Boomerang Corp Connolly Construction, Inc Peterson Contractors, Inc Base Bid $ 2,279,882.50 $ 1,717,582.90 $ 2,246,498.40 $ 1,728,150.09 $ 1,565,743.39 Addendum No. 1 X X X X Addendum No. 2 X X X X Bid Bond in 5% of Bid X X X X Notes: Page 280 of 529 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 February 3, 2025 AGENDA ITEM TITLE Request by the City of Waterloo to vacate an eight -foot public utility easement along the east side of lots 1 and 2, and an eight -foot public utility easement along the west side of lots 5 and 6 of Woodland Knolls Addition, located at 227 S. Hackett Road north of the intersection of S. Hackett Road and Oakcrest Drive. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is proposing to vacate the easement. There are no known utilities in the easement proposed to be vacated. The portion of the easement to the south has already been vacated. NEIGHBORHOOD IMPACT Therefore the request would not appear to have a negative impact on the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION The platted eight (8) foot utility easement along the East line of Lots I and 2 and the West line of Lots 5 and 6 in Woodland Knolls Addition, except for the North 15' of said Lot I and said Lot 6. Page 281 of 529 ATTACHMENTS 1. Staff Report 2. Aerial Image 3. Plat book 4. Pictures 5. City Application Page 282 of 529 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO October 28, 2009 Request to vacate an 8' public utility easement along the east side of lot 1 & 2, and the 8' public utility easement along the west side of lot 5 & 6 of Woodland Knolls Addition, north of the intersection of South Hackett Rd and Oakcrest Dr, Kenneth Walleser, 227 South Hackett, Waterloo, Iowa, 50703 The applicant is requesting to vacate a 16' utility easement to allow for the construction of a 32' x 26' detached garage. The request to vacate the easement would not appear to have a negative impact on the surrounding neighborhood. The request to vacate the easement would not appear to have a negative impact on vehicular traffic The request to vacate the Easement would not appear to have a negative affect on vehicular or pedestrian traffic conditions. There are no sidewalks located in the area of the request. There are no recreational trails in the area of the request. The site has been zoned "R-2" One and Two Family Residence District since adoption of Zoning Ordinance No. 2479 in 1969. The request would not require any buffering by ordinance standards. The proposed vacate of the easement would not have an adverse impact on drainage in the area. The site is currently surrounded by open land owned by Mr. Walleser. The surrounding area is principally residential with structures built between the late 1960's to present. This structure is located within Zone-C by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map 190025-004. Central Middle School is located 2 miles to the south. There is a 30" storm sewer line and an 8" sanitary line along South Hackett, along with a 15' drainage/utility easement with an 8" sanitary sewer line along the north property line. The Future Land Use Map designates the area as 227 S Hackett Vacate- Clark St .doc Page 1 of 2 Page 283 of 529 COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: October 28, 2009 Residential, and this request would be in compliance with such designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. The applicant is proposing to vacate the easement to allow for the construction of a 32' x 26' detached garage. There are no known utilities in the easement proposed to be vacated. The portion of the easement to the south has already been vacated. Therefore the request would not appear to have a negative impact on the area. There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate the 16' utility easement be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area 2. The request to vacate would not appear to have a negative impact on vehicular and pedestrian traffic in the area. 3. The request to vacate is in accordance with the Comprehensive Plan and Future Land Use Map for this area and would allow for development of parcels to the south. 4. The request would appear to meet the requirements of the Zoning Ordinance. 227 S Hackett Vacate- Clark St .doc Page 2 of 2 Page 284 of 529 Request to Vacate the 8' Platted Public Utility Easements on Lots 1, 2, 5 and 6 of Woodland Knolls Addition Dashed Lines are Original Lot Lines �17 Utility Easements Requested to be Vacated OakcrestDrive' Page 285 of 529 9 w Z '0 a' 3 a ui Vacate 8' Platted Public Utility Easements — Adjacent to 227 S. Hackett Road 7 8" Sanitary Sewer • 7 di 0 0 UTIL. ESMTS. 265,9 — — — — — — — •., ," • ,. 7 Ir% 2I L 4.5'_UTI L. ESMT. _ _ _� e r. - i6 220'3y13-DRA1M1tA t UTILITT I I I 6 227 S. Hackett Easements in Question i 80 7` Ya 1. i:• �_' 160 t7'1SE;MEN1` w z J WOODLAND 2 1=1 220 Wj ro cal zit, MI �I 15' BLDG. 3 220' 11' I' on OAKGREST IW I KNOLLS w I I� n 0 Ian' LINE 143 4 0 IBO �� 3oo,tY1 - tr DRIVE 1 n on°• :01 65 27 Page 286 of 529 Adjacent to 227 S. Hackett Road — Vacate multiple 8' Utility Easements Looking east from South Hackett Road at the house at 227 South Hackett Road (Lot 1) on the left. Standing along the rear lot lines of Lots 2 and 5, looking north towards Lots 1 and 6 at the approximate locations of the utility easements in question. Looking east from South Hackett Road at Lot 2 of Woodland Knolls Addition 29 Page 287 of 529 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way ❑✓ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant: City of Waterloo Address: 715 Mu]berrry Street Phone 319-291-4366 Email: noel.anderson@waterloo-ia.org General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): east side of lot 1 & 2, and the 8' public utility easement along the west side of lot 5 & 6 of Woodland Kr Legal description of area to be conveyed, vacated, or encroached: The platted eight (8) foot utility easement along the East line of Lots I and 2 and the West line of Lots f. 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated -- No Fee • Any request not meeting the Sale of Property Policy -- One Hundred Dollar ($100.00) Fee 2. Offer Price*jNote: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CT_TRA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a sununary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: N/A . titer: s: provide plan and/or aerial photo of the area to be vacated if the request involves ad tjnal ie reason for the request. picant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 288 of 529 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 February 3, 2025 AGENDA ITEM TITLE Demolition and Site Clearance Services, Contract No. D-2025-01-03P. 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. ALTERNATIVE ACTION Page 289 of 529 LEGAL DESCRIPTION ATTACHMENTS 1. Bid Tabulation 2. Bid Tab 01-23-25 - Demolition Contract D-2025-01-03P 3. Demolition RFB Contract D-2025-01-03P 4. Aerials and Reports Page 290 of 529 Demolition and Site Clearance Services Contract No. D-2025-01-03P Engineer's Estimate $150,000.00 January 23, 2025 Bidder Bid Security Bid Amount Lehman Trucking & Excavating, Inc. Waterloo, IA o 5 /o S215,484.00 D.W. Zinser Co. Walford, IA 5% S 178,500.00 Lansing Bros. Construction Co., Inc. Luxemburg, IA 5% S293,800.00 Page 291 of 529 Demolition and Site Clearance Services Contract No. D-2025-01-03P January 23, 2025 Bid Tab Estimate: $150,000 Bidder Bid Security Bid Amount Lehman Trucking & Excavating, Inc. Waterloo, IA Bid breakout: 5% $215,484 Total 309 E 2nd St $14,804 1103 Commercial St $14,360 118 Sycamore St $186,320 D.W. Zinser Co. Walford, IA Bid breakout: 5% $178,500 Total 309 E 2nd St $28,500 1103 Commercial St $25,000 118 Sycamore St $125,000 Lansing Bros. Construction Co., Inc. Luxemburg, IA Bid breakout: 5% $293,800 Total 309 E 2nd St $23,000 1103 Commercial St $17,000 118 Sycamore St $293,800 Highlighted is breakout low bids Page 292 of 529 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 293 of 529 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 294 of 529 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 295 of 529 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 296 of 529 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 297 of 529 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 298 of 529 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 299 of 529 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 300 of 529 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 301 of 529 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 302 of 529 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 303 of 529 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 304 of 529 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 305 of 529 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 306 of 529 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 307 of 529 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 308 of 529 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 309 of 529 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 310 of 529 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 311 of 529 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 312 of 529 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 313 of 529 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 314 of 529 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 315 of 529 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 316 of 529 118 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 317 of 529 128 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 318 of 529 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 319 of 529 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 320 of 529 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 321 of 529 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 322 of 529 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 �,9 Esri Community 1v1tt 4TContributors, Iowa ► R, © OpenStreetMap, Micr Esri, TomTom, Garmik jafeGraph, GeoTech ologies, Inc, METI/NAS EPA, NPS, US Census Bu au, USDA, USFWS, So ces: Esri, Airbus NG/ 4 ASA, CGIAR, N Robi on, NCEAS, NLS, OSNMA, Geod. Rijkswate taat, GSA, Geoland, FEN1A, Intermap and t�IS s\ stSe 'US astyrels n, community City of Waterloo, Iowa D,,. 1'1'2 of FOCI 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 324 of 529 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 325 of 529 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 $0 No Page 326 of 529 Sketches Sketch by %um...camavisian.com Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 12/19/2021 Sales by Neighborhood J Sales by Subdivision Distance: 1500 13 20 19 B FR [420] 1S FR EP [91] 10 14 16 14 2S B FR [MAIN] [588] 26 1S FR OP 6 [112] 14 WO ❑K 16 [224] To:r 12/19/2024 Feet v Sales by Distance 1S FR [5] Page 327 of 529 Tree (between house and W 9th St) - To Be Removed Street Tree - To Remain/Protect Private Walkway - To Be Removed Public Sidewalk - To Remain/Protect Shed #1- To Be Removed 1103 Commercial St CO C> City Owned Lot - Available For Use (Demolitionist Responsible for Restoring Damage) Shed #2- To Be Removed Two Street Trees - To Remain/Protect Esri Communitx Maps Contributors, I.pwa DNR, © OpenStree Ma , Microsoft, Esri, TomTom, min, SafeGraph, Ge Tchnologies, Inc, METI1'NASA, USGS, EPA, NPS, US CeieluBureau, USDA, USFW$ 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 l'IQ of FOCI 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 329 of 529 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 330 of 529 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 331 of 529 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 332 of 529 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 'I'll of c',Q 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 334 of 529 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 $0 $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 March2024 $98 Yes 4/17/2024 505812 September 2023 $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 335 of 529 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 336 of 529 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 337 of 529 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 February 3, 2025 AGENDA ITEM TITLE Demolition and Site Clearance Services, Contract No. D-2025-01-05P. 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 ATTACHMENTS Page 338 of 529 1. Bid Tab Demolition Services D2025-01-05P 2. Demolition RFB Contract D-2025-01-05P 3. Aerials and Reports Page 339 of 529 Demolition and Site Clearance Services Contract No. D-2025-01-05P Engineer's Estimate $85,000.00 January 23, 2025 Bidder Bid Security Bid Amount Cedar Valley Excavating, Cedar Falls, IA No Bid Security $77,210.00 Lehman Trucking & Excavating, Inc. Waterloo, IA 5% S67,341.00 D.W. Zinser Co. Walford, IA 5% $139,900.00 Benton's Sand & Gravel Cedar Falls, IA 5% $125,400.00 Walker Reclaim & Demo LLC Iowa Falls, IA 5% $71,188.45 Page 340 of 529 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 341 of 529 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 342 of 529 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 343 of 529 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 344 of 529 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 345 of 529 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 346 of 529 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 347 of 529 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 348 of 529 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 349 of 529 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 350 of 529 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 351 of 529 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 352 of 529 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 353 of 529 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 354 of 529 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 355 of 529 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 356 of 529 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 357 of 529 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 358 of 529 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 359 of 529 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 360 of 529 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 361 of 529 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 362 of 529 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 363 of 529 418 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 364 of 529 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 365 of 529 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 366 of 529 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 367 of 529 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 368 of 529 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 369 of 529 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 1711 of FOCI 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 371 of 529 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 372 of 529 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 373 of 529 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 374 of 529 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 '7 of ''')Cl 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 376 of 529 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 Tax History Year Due Date 2023 March 2025 September 2024 $232.42 Amount $116 $116 Paid Yes Yes $426.75 $415.45 Date Paid $509.61 Receipt 622136 2022 March 2024 September 2023 $213 $213 Yes Yes 520191 Page 377 of 529 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 378 of 529 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 379 of 529 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.nino 1S2n of ROO 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 381 of 529 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 382 of 529 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 383 of 529 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 384 of 529 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 Citlj of Waterloo, Iowa Deno '2572 of ''')Cl 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 386 of 529 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 - Business Property Credit $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 = Net Taxes Due Tax History $432.76 $421.44 $410.28 $414.25 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 387 of 529 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 388 of 529 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 389 of 529 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 390 of 529 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 391 of 529 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 $0 $0 $0 $0 $0 + Assessed Dwelling Value $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 + Taxable Dwelling Value $0 $0 $0 $0 $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 $16 No 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 392 of 529 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 393 of 529 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: 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 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 394 of 529 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE February 3, 2025 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $97,600.00, in conjunction with the Airfield Pavement Maintenance Management System Project, FAA AIP Grant No. 3-19-0094-0XX, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 395 of 529 1. ALO Pavement Management Agreement 2. Pavement Management Cost Review(IFE) Page 396 of 529 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com AIRFIELD PAVEMENT MAINTENANCE MANAGEMENT SYSTEM WATERLOO REGIONAL AIRPORT CITY OF WATERLOO, IOWA PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re - perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. Page 397 of 529 Page 2 (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non -owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional Insured on this policy, but only to the extent of Page 398 of 529 Page 3 ATS's negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non -renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the Services shall be in accordance with the following: A. Compensation for services for this project shall be a cost-plus fixed fee not to exceed Ninety -Seven Thousand Six Hundred Dollars ($97,600.00). See attached Exhibit B Consultant Cost Summary. If a substantial change in scope occurs, an amendment may be processed to account for the additional effort. B. ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared Page 399 of 529 Page 4 even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. Page 400 of 529 Page 5 CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits Page 401 of 529 Page 6 hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) (g) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third party beneficiaries to the Agreement. This Agreement shall include those conditions in Exhibit C. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CLIENT APPROVED FOR AECOM TECHNICAL SERVICES, INC. //�; By: By: eC Choi.sxez&ey- Printed Name: Quentin M. Hart Printed Name: Michelle M. Sweeney, PE, PTOE Title: Mayor Title: Associate Vice President Date: Date: November 11, 2024 Page 402 of 529 AIRFIELD PAVEMENT MAINTENANCE MANAGEMENT SYSTEM WATERLOO REGIONAL AIRPORT CITY OF WATERLOO, IOWA EXHIBIT A I. Project Description The project is described as preparation of a Pavement Maintenance Management System for the entire airfield at the Waterloo Regional Airport, Waterloo, Iowa. The project involves an inventory of all airside pavements, completion of a pavement condition index (PCI) survey, development of a record keeping system for future pavement inspection and maintenance, and preparation of an economic analysis and prioritization plan. II. Scope of Services The work to be performed by ATS shall encompass and include work, services, materials, equipment and supplies necessary to provide a pavement maintenance management system in accordance with FAA Advisory Circular 150/5380-7B and AIP grant assurances. The project services shall be divided into the following tasks: 1. Pavement Inventory. The Pavement Inventory section will define the structure of the pavement and separate the airfield into smaller manageable elements of pavement. The construction history of each element will be identified along with unique pavement features. The pavements should be broken into elements and mapped for reference. A map of the airport will identify pavement elements and allow the individual performing maintenance inspections to quickly reference the pavement element by name and location. Pavement elements will be grouped according to the following features: a. Location on Airfield b. Pavement Type (Rigid, Flexible, or Overlay) c. Pavement Section (Surface, Base and Subbase) d. Construction and Maintenance History e. Associated Funding Source f. Allowable Pavement Loading g. Traffic Inventory h. Pavement Structure 2. Pavement Condition Index (PCI) Survey. The preparation of a PCI survey will be accomplished in accordance with ASTM D5340, Standard Test Method for Airport Pavement Condition Index Surveys. The PCI Survey includes the following tasks: a. Identification of the branches, sections, and individual sample units for the airfield pavement network. The airfield pavement network will include each runway, each taxiway, and the various apron areas. Roadways and parking lots are not included in this survey. b. Define the number and location of sample units necessary to provide a representative evaluation of each pavement section. c. Field layout of the sample units to be surveyed. Page 403 of 529 d. Perform a visual survey of the representative sample units to identify and quantify the distress types and severity levels. In addition to the visual review, photographic documentation of failures in each sample unit will be performed. e. Review field survey data and calculate PCI values for each sample unit. Extrapolate the sample unit data to determine a PCI value for each pavement section. Using the data for each section a PCI value will be determined for each pavement branch area. If the data from an individual sample unit does not appear to be representative of the section, then addition sample units will be surveyed. In addition to the PCI values, Aircraft Classification Rating (ACR)/Pavement Classification Rating (PCR) values will be calculated for the designated critical design aircraft for the Waterloo Regional Airport as defined in the Master Plan. f. Prepare airfield maps and charts to graphically depict the PCI and PCR values calculated. 3. Record Keeping. According to the Advisory Circular the airport needs to perform a PCI survey every three -years or provide an inspection of the pavement annually. Drive -by inspection to detect unexpected changes in pavement condition should be conducted monthly. The airport must record and keep on file for a minimum of 5 years, complete information about detailed inspections and maintenance performed. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. This task consists of providing inspection report forms and maintenance documentation forms that can be used by the airport staff. In addition, as part of this task, a future inspection schedule will be developed. 4. Programming. This task consists of performing an economic analysis on the data collected by the PCI survey and developing a long-term maintenance and rehabilitation program for the airfield pavements. Programming includes the following tasks: a. Prepare cost estimates for maintenance b. Prepare cost estimates for rehabilitation c. Prioritize maintenance and rehabilitation based on PCI values and funding availability. 5. Meetings. This task consists of four (4) meetings and presentations related to the development of the Pavement Maintenance Management System for the Waterloo Regional Airport. 6. Quality Review. This task consists of the quality review of work elements on the project. During the course of this project, quality reviews will be conducted by senior technical personnel that are not directly involved in the project. 7. Administration. This task consists of administration and coordination of the project. Interoffice meetings, general day-to-day administrative responsibilities, and preparation of interoffice memoranda and minutes of meetings are included in this task. This task includes providing 5-copies of the final Pavement Maintenance Management System report. L:\Secure_DCS\Administration\AGREE\PROF\ALO Pavement Management Agreement.doc Page 404 of 529 Pavement Management Program Waterloo Regional Airport Waterloo, Iowa FAA AIP 3-19-0094-058-2025 (Potential) Engineering Services Consultant Cost Summary Direct Labor Cost Exhibit B Category Hours Rate/Hour Amount Senior Professional 24 $97.35 $2,336.40 Project Professional 126 $77.95 $9,821.70 Staff Professional 276 $59.15 $16,325.40 Professional 0 $37.60 $0.00 CADD Operator II 0 $38.35 $0.00 CADD Operator I 84 $23.35 $1,961.40 Senior Technician 48 $47.20 $2,265.60 Technician 48 $35.45 $1,701.60 Project Support 32 $43.00 $1,376.00 $35,788.10 638 Payroll Burden and Overhead Costs 125.50% $44,914.07 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 4000 0.670 2,680.00 Per Diem 2 60.00 120.00 Lodging 2 110.00 220.00 B/W Copies 0.06 0.00 Color Copies 3,000 0.22 660.00 Plan Copier 500 0.50 250.00 EDM Equipment 32 15.00 480.00 GPS Equipment 0 15.00 0.00 Miscellaneous, Other 375.00 IV. AECOM Estimated Actual Costs V. Subcontract Expense VI. Estimated Actual Costs VII. Fixed Fee (15% of Items I & II) Rounded VIII. Maximum Amount Payable Rounded $4,785.00 $85,487.17 $85,500.00 $0.00 $85,500.00 $12,100.00 $97,600.00 Page 405 of 529 Exhibit B Pavement Management Program Waterloo Regional Airport Waterloo, Iowa FAA AIP 3-19-0094-058-2025 (Potential) 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 Update History 0 Identify Pavement Section Updates 4 8 12 Verify Dates of Construction 4 8 12 2 Perform PCI for Airfield 0 Define new Sample Units 4 8 24 36 Layout Sample Units in the Field 8 8 16 Field Survey of Pavement Distresses 4 4 40 40 88 Record Data and Calculate PCI Values 16 40 56 Prepare Maps and Charts for Summary 8 20 28 3 Update Pavement Maintenance Program 0 Type of Maintenance by Sample Unit 8 40 40 88 Cost of Maintenance by Sample Unit 12 40 52 Schedule of Maintenance by Sample Unit 12 40 52 Prepare ACR/PCR Ratings 16 40 56 4 Update Forms for Maintenance Documentation 0 Patching 2 16 18 Crack & Joint Sealing 2 16 18 Marking 2 8 10 5 Update Program Document 8 40 24 72 6 Administration 16 8 24 Total Design Services 24 126 276 0 0 84 48 48 32 638 Page 406 of 529 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 407 of 529 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 408 of 529 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 409 of 529 • 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 410 of 529 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 411 of 529 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 412 of 529 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 413 of 529 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 414 of 529 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 415 of 529 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 416 of 529 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 417 of 529 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 418 of 529 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 419 of 529 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 420 of 529 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 421 of 529 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 422 of 529 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 423 of 529 This Page Intentionally Left Blank Page 18 of 18 Updated May 24, 2023 Page 424 of 529 WATERLOO REGIONAL AIRPORT November 27' 2024 Fee Review Airfield Pavement Maintenance Management System Following a thorough review of the AECOM scope and fee, I have determined that the proposed fee is reasonable and consistent with industry benchmarks. It aligns closely with the costs typically associated with similar projects in the region, reflecting both the scope of work and the market conditions. This evaluation supports the conclusion that the fee structure is appropriate for the level of expertise and resources required for successful project delivery. i-/--'1416teue( Steven Kjergaard Director of Aviation Waterloo Regional Airport Page 425 of 529 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Mohammad Elahi, Traffic Operations Director Traffic Operations Department MEETING DATE February 3, 2025 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Anderson -Bogert of Cedar Rapids, Iowa, in the amount of $17,760.00, in conjunction with engineering services for Traffic Signal Pole Standardization, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Resolution SUMMARY STATEMENT AND BACKGROUND INFORMATION This is to develop standards that would make traffic signals mast -arm poles interchangeable and to reduce the required stock poles to 2 or 3. This will be done in close consultation with pole manufacturers and by reviewing current installed mast arm poles. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Department Budget (Road Use) ALTERNATIVE ACTION LEGAL DESCRIPTION Page 426 of 529 ATTACHMENTS 1. Anderson-B Contract 1-27-2025 Page 427 of 529 BOGERT Committed to providing professional and relationship -based engineering services. 4050 River Center Court NE Cedar Rapids, IA 52402 Office: (319) 377-4629 Fax: (319) 377-8498 City of Waterloo, Iowa Waterloo Traffic Signal Pole Standardization Anderson Bogert Project No. 224089 TERMS AND CONDITIONS OF SERVICE 1. Agreement. The agreement and/or proposal, exhibits and schedules (the "Agreement/Proposal") attached hereto and these General Terms and Conditions collectively shall constitute the AGREEMENT between the CLIENT identified in the Agreement/Proposal and Anderson -Bogert Engineers & Surveyors, Inc. (CONSULTANT") in respect to the services to be performed by CONSULTANT (the "Services"). Except as expressly set forth below, these General Terms and Conditions supersede any inconsistent or contradictory provisions contained in the Agreement/Proposal or any offer, contract, purchase order, requisition, notice -to -proceed, or like document regarding CONSULTANT's Services. 2. Standard of Care; Disclaimer of Warranties; Limitation of Services. a. The CONSULTANT agrees to perform the Services in accordance with the standard of care used by persons of CONSULTANT's profession practicing under similar circumstances at the same time and in the same locality. All estimates, recommendations, opinions, and decisions of CONSULTANT will be made upon the basis of the information available to CONSULTANT and CONSULTANT's experience, technical qualifications, and professional judgment. b. CLIENT acknowledges and agrees that (i) subterranean conditions may vary at locations other than at a particular location where borings, explorations, surveys and samplings are made, and that CONSULTANT'S data interpretations and recommendations are based solely upon information available to CONSULTANT at the time of assessment; (ii) investigations may disclose the presence of existing geological conditions or other substances, the presence of which may require disclosure to appropriate governmental authorities by CLIENT; (iii) although necessary to perform the Services, investigation methods involve an inherent risk of contamination of previously uncontaminated air, soil and water; (iv) CONSULTANT is not responsible for data, interpretation and/or recommendations by others; (v) all data obtained during investigative phases are subject to confirmation of conditions encountered during subsequent phases of the project; and (vi) the extent and scope of Services under this AGREEMENT may be limited by CLIENT's schedule and financial considerations and that additional services may provide more accurate information in respect to conditions at or near the site. c. CLIENT acknowledges and agrees that CONSULTANT is not a generator, storer, transporter, arranger for transport or disposer of hazardous or toxic substances, pollutants or contaminants found or identified at the project site. CONSULTANT's Services do not include any services regarding the presence or discovery at the site of asbestos, PCBs, petroleum, hazardous waste, radioactive materials or any other hazardous material or toxic substance. CLIENT shall undertake or arrange for the handling, removal, treatment, storage, transportation, and disposal of hazardous substances or constituents found or identified at the site. CONSULTANT is only responsible for providing the Services described in the Agreement/Proposal. 3. Information; Third parties; Access to Site. a. CLIENT represents and warrants that it has or will timely (i) furnish or cause to be furnished to CONSULTANT all documents and information known to CLIENT that relates to the identity, location, quantity, nature or characteristics of any hazardous waste at, on, or under the site; and (ii) furnish and pay for such other reports, aerial photographs, data, studies, drawings, specifications, documents, and other information regarding surface and subsurface site conditions which will be required by CONSULTANT for performance of its services. CONSULTANT shall be entitled to rely upon documents and information provided by CLIENT in performing the Services. CONSULTANT assumes no responsibility or liability for the accuracy or completeness of said documents and information. CLIENT provided documents will remain the property of CLIENT. b. CLIENT acknowledges and agrees that CONSULTANT may engage the services of independent contractors to perform the work necessary to complete the services. CLIENT agrees that such independent contractors are not agents or employees of CONSULTANT. CONSULTANT will not direct, supervise or control the work of contractors or their subcontractors. CONSULTANT shall be responsible only for its employees on any site. CONSULTANT shall not be responsible for the operations of others or safety at the site. c. CLIENT shall provide right of entry for CONSULTANT personnel, CONSULTANT subconsultants and all equipment and vehicles necessary to perform services. CONSULTANT will take reasonable measures to minimize damage to property; however, CLIENT understands that some damage may occur, and the cost of repair of such damage shall solely be the responsibility and obligation of CLIENT. CLIENT is responsible for designating the location of below grade structures, foundations, utilities and other subterranean obstacles. CONSULTANT will take reasonable effort to avoid damage to these items. If these items cannot be located, CONSULTANT, upon CLIENT's written authorization, and at CLIENT's cost, will engage feasible locating methods and employ persons to confirm locations. CLIENT agrees to hold CONSULTANT harmless for damages to or damages caused by any subsurface or subterranean utilities or structures which are not correctly located by CLIENT or which CONSULTANT could not locate using a reasonable standard of care. 4. Fees and Expenses; Payment for Services. a. In consideration of CONSULTANT'S agreement to provide the Services, CLIENT shall pay to CONSULTANT the fees specified in the Agreement/Proposal and reimburse CONSULTANT for its costs and expenses incurred in connection with the Services. b. CONSULTANT will submit invoices to CLIENT no less than on a monthly basis and such invoices are due and payable upon receipt. Any balances that remain unpaid for more than thirty (30) days from the date of invoice shall be subject to an additional charge at the rate of one and one-fourth percent (1'/4%) per month from the date of the invoice. Payment of invoices is not subject to discounting by CLIENT. Time is of the essence in payment of invoices, and timely payment is a material part of the consideration of the AGREEMENT between CONSULTANT and CLIENT. c. In addition to the termination provisions in Section 7 below, if CLIENT fails to pay CONSULTANT within ninety (90) days of an invoice, CONSULTANT, without liability to CLIENT, may terminate this AGREEMENT and/or suspend Services until payment of all past due amounts has been received by CONSULTANT. Page 1 of 3 Page 428 of 529 Committed to providing professional and relationship -based engineering services. 4050 River Center Court NE Cedar Rapids, IA 52402 Office: (319) 377-4629 Fax: (319) 377-8498 City of Waterloo, Iowa Waterloo Traffic Signal Pole Standardization Anderson -Bogert Project No. 224089 AGREEMENT FOR ENGINEERING AND/OR LAND SURVEYING SERVICES This AGREEMENT, made and entered into as of this day of , 2025, by and between The City of Waterloo, the CLIENT, mailing address of 715 Mulberry St, Waterloo, IA 50703 and Anderson -Bogert Engineers & Surveyors, Inc., the CONSULTANT, for professional services concerning the following PROJECT: Waterloo Traffic Signal Standards. The CLIENT agrees to employ the CONSULTANT to perform services hereinafter enumerated and the CONSULTANT hereby accepts such employment and agrees to perform said scope of services in connection with: Waterloo Traffic Signal Standards (hereinafter called the PROJECT). The CLIENT agrees to furnish to the CONSULTANT full information as to the CLIENT'S requirements including any special or extraordinary considerations for the PROJECT or special services needed, and also to make available pertinent existing data. Any extra services authorized by the client will be charged as extra work. This extra work will be based on our standard hourly rates. The Clients representative, for this project is Mohammad Elahi. The Consultant's representative for this project is Jacob Sprengeler. The General Terms and Conditions set forth and attached hereto are herein incorporated into and made a part of this AGREEMENT. Other terms and conditions of this AGREEMENT are as follows: See Attached Scope and Schedule & Fee. No work shall commence until we receive written Notice to Proceed. In consideration for services performed by the CONSULTANT covering the work described above, the CLIENT agrees to pay the CONSULTANT on the following basis: (AS CHECKED) ❑ Lump sum in the amount of $ ❑ Per the attached fee schedule ® Others as stated here on Attached Exhibit B Payment shall be made as per the General Terms and Conditions on a monthly basis unless otherwise indicated in this AGREEMENT. THIS AGREEMENT represents the entire and integrated AGREEMENT between the CLIENT and the CONSULTANT for the PROJECT described and supersedes all prior negotiations, representations or agreements, either written or oral. THIS AGREEMENT may be amended only by written instrument signed by both the CLIENT and the CONSULTANT. THIS AGREEMENT executed the day and year written above. City of Waterloo, Iowa FOR ANDERSON-BOGERT ENGINEERS & SURVEYORS, INC. Mayor Jeffrey C Morrow, PE, President Page 429 of 529 5. Changes or Delays. Unless the accompanying Agreement/Proposal provides otherwise, the proposed fees constitute CONSULTANT's estimate to perform the Services required under the Agreement/Proposal. Facts may develop that may require a change in the Services to be performed. CONSULTANT will inform CLIENT of such situations so that negotiation and compensation can be accomplished as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the Services, whether or not changed by any order, an equitable adjustment shall be made, and the AGREEMENT modified accordingly. 6. Termination. The term of this AGREEMENT shall commence on the date set forth in the Agreement/Proposal and will continue until the parties' obligations have been fully performed or the AGREEMENT is sooner terminated. Either party may terminate the AGREEMENT in the event of a material breach that is not cured within thirty (30) days after written notice of such breach. In addition, the parties may mutually agree in writing to terminate the AGREEMENT. 7. Insurance. CONSULTANT agrees to purchase workers' compensation insurance and comprehensive general liability insurance. CONSULTANT agrees to purchase additional insurance if requested by CLIENT (presuming such insurance is reasonably available from carriers acceptable to CONSULTANT), provided the costs for additional insurance are reimbursed by CLIENT. 8. Indemnification. a. CLIENT hereby agrees to indemnify and hold harmless, CONSULTANT and its officers, employees, agents and representatives, from and against liability for all claims, losses, damages and expenses, including reasonable attorneys' fees, brought by any third party against CONSULTANT which arise directly or indirectly out of this AGREEMENT or the performance of CONSULTANT'S Services hereunder, except arising solely from the gross negligence or willful misconduct of CONSULTANT. b. CONSULTANT and CLIENT each agree to indemnify and hold the other harmless from and against liability for all claims, losses, damages and expenses, including reasonable attorney's fees to the extent such claims, losses damages, or expenses are caused by the indemnifying party's negligent or wrongful acts, or omissions to act. 9. Confidentiality. CONSULTANT agrees to maintain as confidential and not disclose to others without CLIENT's prior consent all information obtained from CLIENT that was not otherwise previously known to CONSULTANT or in the public domain and is expressly designated by CLIENT in writing to be "CONFIDENTIAL." Notwithstanding the foregoing, this paragraph shall not apply to information that (1) is published or comes into the public domain through no fault of CONSULTANT, (2) is furnished by or obtained from a third party who is under no obligation to keep the information confidential, or (3) is required to be disclosed by law or order of a court, administrative agency, or other authority with proper jurisdiction. 10. Re -use of Documents and Use of Electronic Media. All documents shall remain the property of the CLIENT during the term of the Agreement and upon completion or termination of the services of the CONSULTANT. Upon completion or termination of the Agreement, the CONSULTANT, if requested by the CLIENT, shall promptly deliver all documents to the CLIENT. The CONSULTANT shall have the right to make and retain copies of the documents for their records. The CLIENT may reuse the documents for other projects at their own risk. 11. Governing Law. This AGREEMENT is to be governed by and construed in accordance with the laws of the State of Iowa. 12. Severability. If any provision of this AGREEMENT is determined to be invalid, the offending provision shall be deemed severed from this AGREEMENT and the determination shall not affect the validity of any other clause or provision of this AGREEMENT. 13. Independent Contractor. CONSULTANT at all times during the term of this AGREEMENT an independent contractor. CONSULTANT shall not, for any purpose, be deemed an agent, employee, partner or legal representative of CLIENT. 14. Binding Effect. This AGREEMENT shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, representatives, agents and permanent assigns. 15. Force Majeure. CONSULTANT will not be liable to CLIENT for CONSULTANT'S failure to fulfill its obligations under this AGREEMENT due to causes beyond CONSULTANT'S reasonable control and without its fault or negligence including, but not limited to, governmental laws and regulations, acts of God or the public, war or other violence, civil commotion, blockades, embargoes, calamities, floods, fires, earthquakes, explosions, accidents, storms, strikes, lockouts, work stoppages, labor disputes, or unavailability of labor, raw materials, power or supplies. CLIENT shall pay any additional costs incurred by CONSULTANT in connection with the performance of services under this AGREEMENT that are related to any labor disputes between the CLIENT and any unions representing the employees of the CLIENT. 16. Execution. If CLIENT is a corporation, limited liability company or partnership, the person signing this Agreement on its behalf certifies that such person is an officer, member, manager or partner thereof, that his or her action was duly authorized by appropriate corporate, company or partnership action, that such action does not conflict with the corporate charter or bylaws, articles of organization or operating agreement, or the partnership agreement, as the case may be, or any contractual provision binding on such corporation or partnership, and that no consent of any stockholders, members or partners to his or her action is required. 17. Assignment. CLIENT shall not assign any right, or delegate any obligation, arising under this AGREEMENT without prior written consent of CONSULTANT. CONSULTANT may assign its rights, and delegate its obligations, arising hereunder at any time by providing written notice of such assignment to CLIENT. 18. Entire Agreement; Modifications. This AGREEMENT contains all the terms and conditions between the parties and supersedes all prior and contemporaneous negotiations, representations, understandings and other agreements, oral or otherwise, that may have been entered into by the parties. All other statements, conditions, covenants, representations, and warranties are merged herein. Any modifications of this AGREEMENT shall be in writing and duly executed by the parties. 19. No Implied Waiver. Any delay or failure of either party at any time to require performance by the other party of any provision of this AGREEMENT shall not in any way affect the right of such party to require performance. No waiver by either party of any breach of any provision of this AGREEMENT shall be enforceable against such party, unless such waiver is in writing, and no waiver shall be construed to be a waiver of any subsequent breach or of any other right or remedy under this AGREEMENT. 20. Taxes. CLIENT shall timely pay all applicable sales taxes which are levied upon the Services provided hereunder, in accordance with applicable law. Page 2 of 3 Page 430 of 529 21. Incorporation of Schedules. All Schedules attached hereto are incorporated herein by reference and made a part hereof for all purposes as if fully set forth herein. 22. Notices. Any notice, request, instruction or documents required or permitted to be delivered hereunder shall be in writing and shall be deemed given if delivered personally or by courier service or sent by regular U.S. mail or facsimile to a party at the address set forth in this AGREEMENT or its facsimile number. 23. Dispute Resolution. CLIENT and CONSULTANT agree that as a prerequisite to the filing of a lawsuit or a demand for arbitration, they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this AGREEMENT to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, effective as of the date of this AGREEMENT. Page 3 of 3 Page 431 of 529 AIM Committed to providing professional and relationship -based engineering services. BOGERT 4050 River Center Court NE Cedar Rapids, IA 52402 Office: (319) 377-4629 Exhibit A - Scope of Services The City of Waterloo representative and Anderson Bogert may modify any part of this Scope of Services, upon mutual agreement, to align with the general scope and goals of the project. TASK A — PROJECT UNDERSTANDING AND AREA DESCRIPTION 1. The proposed project includes general engineering work over the jurisdiction of The City of Waterloo, Iowa. The objective is to develop 2 to 3 standard mast arm pole specifications with fixed arm lengths and uniform base and height dimensions that can replace damaged poles across varied street widths and lane configurations. The poles will be designed with max normal loading of street name signs, traffic control signs, signal heads, cameras, detection devices, and preemption devices. 2. The CLIENT desires to develop plans with general dimensions and parameters for a set of traffic signal pole assemblies. Each assembly generally consists of a primary pole, single mast arm and luminaire extension. The set shall cover the vast majority of possible application locations within the City of Waterloo. The sheets and specifications shall be complete to the point that the City of Waterloo can publish a bid package to procure the structures. The selected pole specifications should accommodate the most common configurations found in the city's traffic signal network (e.g., 1-lane, 2-lane, 3-lane approaches). a. The CLIENT desires to acquire a set of representative traffic signal structure assemblies for use at locations within the city when existing structures are struck/damaged by vehicles, construction, or other acts of nature. In today's supply chain, these structures take a minimum of 6-8 months to procure from the time of order. This timeframe creates major concerns for maintaining traffic operations between destruction/removal of existing signal assemblies, and when permanent replacements can be installed. The CLIENT would like to have the capability to quickly replace these assemblies with one of their "stock. b. The CLIENT's stock may also be used in construction project activities. Required signal procurement time often places significant strain or restrictions on project development schedules. Such a set of readily available steel assemblies could possibly be used in construction to shorten project delivery times. 3. The CLIENT would like to consider standardizing component connections (mast arm and foundation bolt patterns) for future traffic signals. Standards may also include typical bolt patterns for upright poles, and mast arm connections. Such a standardized design (if feasible) would allow easier "swapping out" of individual components in the future if temporary replacement is needed due to damage or other structural integrity issues. 4. We understand that the CLIENT currently maintains an online GIS database of various signal data. A portion of the data collected/cataloged with this project will be incorporated into the CLIENT's current database of signal information. For the initial scope, inventory of existing data will be limited to mast arm lengths, pole height from base to mast arm connection, and bolt patterns (if available from plan sheets). 5. This proposal does not include structural design of the poles. Cedar Rapids Marion www.anderson-bogert.com Page 432 of 529 TASK B — EXISTING PLAN REVIEW 1. The CLIENT will provide the CONSULTANT with existing signal plans, as-builts, and shop drawings that are available for the CLIENT's signal system. 2. The CONSULTANT will briefly review the plans and take inventory of mast arm lengths, pole heights, and any available bolt connection templates available. TASK C — EXISTING FIELD REVIEW 1. Depending on the amount of plan data available, the CONSULTANT will supplement the available record drawing data with representative random sampling of additional signal systems in the field. For purposes of this scope, it is assumed that about 15 signal systems will be visited over 2 field days by one CONSULTANT representative. Pole heights (base to mast arm), mast arm lengths, and base bolt patterns will be measured. 2. Additional signal system items could be added to the scope at a later date as extra work. 3. The field review will focus on commonly used mast arm lengths and pole heights to ensure standard designs address typical situations in the city. TASK D — TEMPORARY STEEL STRUCTURE SET DRAWINGS 1. The CONSULTANT will analyze the existing record documents and representative sample data from the field. This data will be used to formulate a recommended "set" of signal structure assemblies that will cover the vast majority of typical applications throughout the CLIENT's signal network. 2. The CONSULTANT will draft a short memo summarizing the acquired data and tabulating the recommended dimensions for the recommended assemblies to procure. 3. After the CLIENT reviews such findings, the CONSULTANT will draft plan drawings, tabulations, and specifications for the CLIENT's use in bidding and procuring the equipment. The CONSULTANT will not provide bidding assistance beyond formulating the basic dimensional drawings, tabulations, and general specifications. Such services could be added in the future as extra work. The documents are intended to provide enough information for the equipment to be correctly designed, fabricated, and delivered by potential bidders. 4. The final deliverable should consist of 2 to 3 complete pole assemblies with detailed arm lengths, base dimensions, and heights that meet typical city configurations. 5. The specifications should be ready for stocking and easy installation without site -specific alterations. 6. The CLIENT will be consulted throughout the design process as needed to obtain feedback on the recommended configurations to ensure they match the CLIENT's intended use. TASK E — FUTURE SIGNAL STANDARDS 1. The CONSULTANT will endeavor to speak with several common pole assembly manufacturers to determine the likelihood and feasibility of developing design standards for typical bolt connection patterns on primary signal poles and mast arm connections. If such standardization is feasible, the CONSULTANT will work with the pole manufacturers and CLIENT to create certain standards for future use on CLIENT projects where signals are procured. The goal of these documents is to provide enough information for future project bidders to design and procure signal assemblies. The future signal assemblies would allow for certain components such as a mast arm, or mast arm and pole to be quickly replaced in emergency situations. 2. Any proposed standardized connection designs should attempt to prioritize interchangeability across various manufacturers, when possible, to ensure compatibility and ease of replacement. The 2 main manufacturers are Valmont and Millerbernd. Cedar Rapids Marion 2 www.anderson-bogert.com Page 433 of 529 TASK F - SCHEDULE 1. The MEMO should be drafted and returned to the CLIENT for review in about 4 weeks of the notice to proceed and reception of all requested/necessary/available existing records. This timeline is also subject to delays outside the control of the CONSULTANT which generally include but not limited to safe road and weather conditions for field review as determined by the CONSULTANT, holidays, availability of and coordination with pole manufacturers. 2. The DRAFT procurement plans, tabulations, specifications, and future standardized details should be returned to the CLIENT within about 6 weeks of receiving MEMO comments from the CLIENT along with any other aesthetic standards required by Waterloo to be implemented into the pole design. Cedar Rapids Marion 3 www.anderson-bogert.com Page 434 of 529 Exhibit B -Estimated Fee Schedule Due to the uncertain nature of existing records availability, exact field locations to visit, and coordination efforts with pole manufacturers, this contract shall be a specified rate plus travel costs renumeration according to the CONSULTANT's hourly rates attached to this contract, and the generally estimated fee schedule provided below. The breakdown between staff designations is considered approximate based on the staff resources that the CONSULTANT anticipated at the time of this agreement. The exact classification breakdown may vary due to the unique nature of the project as mentioned previously. However, the contract amount and hourly work shall not exceed the sum of the "Total Estimated Effort Cost" and "mileage" amounts provided below without prior written approval from the CLIENT. With prior written request and approval, the CLIENT may authorize use of contingency funds listed below in order to complete additional work and compensation on an hourly basis up to but not to exceed the "Not to Exceed Total" listed below. TASK # ESTIMATED HOURS FOR STAFF TOTAL Engineer X Engineer IV Engineer II Engineer I B 1 2 18 C 26 D 1.5 14 40 E 4 TOTAL HOURS 3 16 88 IRATE ($) $298 $170 $125 $102 TOTAL ($) $745 $2,720 $11,000 $0 Total Estimated Effort Cost: $14,465 Mileage $335 Contingency: $2,960 Not to Exceed Total $17,760 Cedar Rapids Marion 4 www.anderson-bogert.com Page 435 of 529 Committed to providing professional and relationship -based engineering services. BOGERT 4050 River Center Court NE Cedar Rapids, IA 52402 Office: (319) 377-4629 Fax: (319) 377-8498 RATES FOR PROFESSIONAL SERVICES Effective July 1, 2024 Engineer I $102 Engineer II $125 Engineer III $145 Engineer IV $170 Engineer V $188 Engineer VI $215 Engineer VII $239 Engineer VIII $265 Engineer IX $286 Engineer X $298 Expert Witness $320 SurveyorI $91 Surveyor II $124 Surveyor III $146 Surveyor IV $186 Surveyor V $193 Survey Field Work (Truck +1 man) $192 Survey Field Work (2nd man) $64 Engineer Technician I $70 Engineer Technician II $107 Engineer Technician III $133 Engineer Technician IV $160 Engineer Technician V $170 Construction Observation I $102 Construction Observation II $130 Utilities Specialist I $135 Document Specialist I $70 Document Specialist II $81 Document Specialist III $91 Document Specialist IV $100 Public Involvement Specialist I $1 10 Public Involvement Specialist II $128 Drone Operator I $155 Drone Operator II $200 Item Per Each ATV $100.00/day Boat $200.00/day Roll of Flagging $4.50 Flats $1.50 Hubs Lath $1.50 $2.00 Spike & Washer $2.00 Paint $8.00 Pins, Rods $3.50 T-posts $7.50 Galvanized Posts $15.00 Mileage Current IRS mileage rate Rates subject to change. The above rates apply to regular hour projects. Projects on an accelerated schedule, which requires overtime, will be negotiated on an individual basis. Cedar Rapids Marion www.a nderson-boaert.com PRIVATE RECREATIONAL TRAIL AND DITCH GRADING LICENSE AGREEMENT THIS PRIVATE ROADWAY AND CROSSINGRECREATIONAL TRAIL AND DITCH GRADING LICENSE AGREEMENT is made and entered into this day of , 2025 (the "Effective Date"), by and between IOWA NORTHERN RAIL-WAYNORTHERN RAILWAY COMPANY, an Iowa corporation, (hereafter the "Company", "Railroad" or "IANR") and City of Waterloo, State of Iowa ("Licensee"). WHEREAS, the Licensee desires to construct a recreational trail and ditch grading (hereinafter called the "Facility") upon the Company's right-of-way in Black Hawk County, Iowa; WHEREAS, the parties agree that the Facility will be in close proximity to an active railroad right- of-way over which the Company conducts regular railroad operations which potentially occur at all hours of the day and night; and WHEREAS, the Facility shall be installed and thereafter maintained and used upon the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the premises, it is hereby mutually agreed by and between the parties hereto as follows: 1. In consideration of a preparation and handling fee of Seven Hundred Fifty Dollars ($750.00) and a one-time license fee of Seven Hundred Fifty Dollars ($750.00) in hand paid by the Licensee to the Railroad, the receipt of which is hereby acknowledged, and the faithful performance by the Licensee of the covenants herein contained, Licensee may for a term of three (3) months commencing as of the Notice to Proceed (as that term is defined in certain contract documents among the Company, Black Hawk County and Iowa Department of Transportation regarding Project HDP-8155(786)-71-07, construct and maintain a 10-foot recreational trail with an eight -foot -tall chain link fence, ditch grading, and intake installation upon the property of the Railroad at the location described generally as between Railroad Milepost 149.11 and Railroad Milepost 149.33 2. Licensee shall be responsible for the entire cost of the Facility including its construction and maintenance. 3. All construction plans will be subject to the prior review and approval by the Company. 4. Prior to entry on Railroad's property or use of the Facility, Licensee shall procure and maintain during the term of this Agreement a policy of general liability insurance, containing contractual liability coverage all as set forth in Exhibit A which is attached and incorporated herein by this reference. As evidence of said insurance, a certificate of insurance shall be furnished to and approved by the Railroad prior to entry on Railroad's property or construction or use of the Facility. 1 Page 437 of 529 The insurance required herein shall not limit the liability assumed by the Licensee under this Agreement. Licensee shall comply with and satisfy all of the obligations and promises set forth in Exhibit B which is attached and incorporated herein by this reference. 5. This License and the permission herein issued to Licensee are temporary and non-exclusive and subject and subordinate to the rights of Railroad, its successors and assigns, its grantees, lessees and licensees to construct, reconstruct, operate, use, maintain, repair and renew on, beneath or above the property covered hereby, and structures, improvements or facilities of similar or different character as are now or in the future may be located on, beneath or above said properties. 6. Licensee shall, except in emergencies, give not less than seventy-two (72) hours written notice to Railroad of the day, hour and location that it proposes to undertake any construction or maintenance work concerning the Facility and in the event of an emergency shall notify Railroad as soon as possible. Licensee shall require each of its Licensees and subcontractors to observe and conform to the conditions and requirements specified herein; and for the purposes of the safety, protective and indemnification provisions hereof, such Licensees and subcontractors, their agents, servants and employees, and other persons on the Railroad property at the invitation of the Licensee or subcontractors, shall be deemed the agents or employees of the Licensee. 7. Licensee shall at no expense to Railroad obtain all permits and approvals required to exercise this License and Licensee shall install, maintain and operate its facilities in accordance with all requirements of lawful public authority. Licensee shall be responsible for any taxes, assessments and changes made against the Pipeline or other of Licensee's facilities on Railroad's property or the operation of any of them. 8. The initial cost and expense of installation of the Facility shall be borne by the Licensee. 9. If, in the opinion of the authorized representative of Railroad, the work to be done by the Licensee pursuant to this Agreement will make necessary or desirable any change in the Railroad's facilities, or those of the Railroad's tenants or licensees, on the Railroad's property, the Railroad shall have the right, but not the duty, to make such changes, the expense thereof to be borne by the Licensee. Railroad shall have the right, but not the duty, to furnish flagging or other protection or to perform work to support its tracks or otherwise protect its property or facilities at any time, at Licensee's sole risk and expense. 10. Licensee shall remove and keep removed as a result of the roadway Facility all brush, weeds, trees and other plant growth which interfere with view of approaching trains and rail vehicles on the tracks of the Company. 11. Licensee shall not do or permit to be done in the use of the Facility any act that will in any manner interfere with, interrupt or endanger the operation of the trains, engines, rail cars or other railroad equipment. 2 Page 438 of 529 12. The Facility shall be for the exclusive use of the Licensee, its agents, employees, lessees and invitees, solely as a private roadwayrecreational trail, and the Licensee shall prevent any other use of the Facility. 13. Licensee and other persons authorized to use the Facility shall at all times use of the Facility, it will comply with all applicable laws, including, but not limited to, any laws, standards, regulations, or permit requirements relating to environmental pollution or contamination or to occupational health and safety; and Licensee agrees to indemnify and hold harmless the Company and the Railroad from any and all claims, demands, lawsuit, or liability for loss, fines, damage, injury, and death and all expenses and costs, including attorneys' fees, resulting from or arising out of the construction, maintenance, or use of the Facility, including any discharge or emission therefrom or for the violation of any law, standard, regulation, or permit requirement relating to environmental pollution of contamination or to occupational health and safety. 14. IT IS UNDERSTOOD BY THE LICENSEE THAT THE FACILITY IS SUBJECT TO AND MAY INCREASE THE DANGERS AND HAZARDS OF THE OPERATION OF THE RAILROAD OF THE COMPANY. Therefore, the Licensee accepts the privilege granted hereby with full recognition of the risk of loss of life, personal injury and property loss or damage which may be caused by rail operations at or in the vicinity of the Facility and by the construction, use, maintenance or removal of the Facility by the Licensee or others. Therefore, the Licensee assumes and agrees to pay for all loss of or damage to any property whatsoever, and injury to or death of any person or persons whomsoever, including all costs and expenses incident thereto, however arising from or in connection with the existence, construction, maintenance, repair, renewal, reconstruction, use or removal of said Facility, or any defect therein or failure thereof, or the failure of the Licensee, its agents, employees, lessees or invitees to abide by or comply with any of the terms and conditions of this Agreement, required to be kept or performed by them or any of them; and the Licensee forever indemnifies the Company against and agrees to save the Company harmless from any and all claims, demands, lawsuits or liability for any such loss, damage, injury and death and costs and expenses including attorneys' fees incident thereto, even though the operations of the railroad may have caused or contributed thereto. Notice to or knowledge by the" Company of any act or omission by the Licensee, and the acquiescence by the Company in or to such act or omission, shall neither be considered to relieve the Licensee of any obligation assumed by it under this paragraph nor be considered to be a waiver or release by the Company of any rights granted to it under this paragraph. 15. The Company shall have the right to use, occupy and enjoy its tracks, property and right-of- way for such purposes, in such manner and at such time as it shall desire, the same as if this Agreement had not been executed by it. The Company shall have the right, without any liability for damages to the Licensee therefore, to terminate this Agreement at anytime by giving the Licensee not less than thirty (30) days written notice of such termination. Upon expiration of the time provided by such notice, Company, without further notice, act or demand, may thereupon remove the Facility and approaches. 16. Licensee agrees at any time, or from time to time, at its own risk and expense, upon request of the authorized representative of the Railroad, to make such change or changes as may be necessary and reasonable in the opinion of said representative to accommodate any change or improvement which Railroad may desire to make in or upon its property. In case Licensee shall fail within thirty (30) days after notice from Railroad to make such change or changes, Railroad 3 Page 439 of 529 shall have the right, but not the duty, to make such change or changes, or remove Licensee's facilities from said property at the risk and expense of the Licensee. 17. In the event Railroad elects to renew, replace, repair or alter any tracks or other facilities or to construct new facilities or to make other use of the property covered by this License, and in connection therewith requires the removal of the Facility placed by Licensee on Railroad's property or should the need renewal or repair, the Licensee shall, within thirty (30) days of receipt of notice, arrange for such removal, renewal or repair at Licensee's risk and expense. In the event removal is required, the Facility shall be relocated to such location on Railroad's property as is designated by Railroad, provided that Railroad's authorized representative determines that a location is reasonably available. Renewal or repair, if requested, shall be to such condition as is designated by Railroad's authorized representative. If Licensee fails to comply with the foregoing, Railroad shall have the right, but not the duty, to remove, renew or repair the Facility at the sole risk and expense of Licensee. 18. Cost and expense for work, if any, performed by the Railroad pursuant to this Agreement shall consist of the direct costs of labor and material plus Railroad's standard additives in effect at the time the work is performed. All payments required of Licensee under this Agreement shall be made promptly upon presentation of a bill, and in no event later than twenty (20) days after bills are submitted by the Company to Licensee. For all bills unpaid after twenty (20) days, interest shall accrue at an annualized rate of 10% per annum. 19. It is expressly understood Railroad does not warrant title to the premises and Licensee accepts the issuance of privileges contained herein subject to all lawful outstanding existing liens and superior rights. Licensee agrees it shall not have nor make any claims against Railroad for damages on account of any deficiency of such title and the sole remedy of Licensee shall be the right to return of the consideration paid in advance, provided for herein, or a proportionate part thereof in the event of a partial deficiency or insufficiency of title. Licensee further agrees to indemnify and hold harmless the Railroad and to assume all risk, responsibility and liability including any expense, reasonable attorneys' fees and costs incurred or sustained by Railroad arising from, growing out of, or in any manner or degree directly or indirectly attributable to or resulting from any deficiency or insufficiency of its title affecting the right of the Railroad to issue this License. 20. The permission granted by the Company shall neither be, or be deemed or construed to be, a grant of land, nor shall it constitute ownership by Licensee of the Facility or that portion of the Company's right-of-way upon which said crossing is located. 21. It is specifically understood by Licensee that cables and other electric and/or fiber optic transmission lines, may, now or in the future, be on, about, along, or under the Company's property and Licensee agrees and warrants that under no circumstances will Licensee dig in or disturb the surface of the Company's property, without prior approval from the Company. 22. Nothing in this Agreement shall be construed to place any responsibility on Railroad for the quality of the construction, maintenance or other work performed on behalf of Licensee hereunder or for the condition of any of Licensee's facilities. Any approval given or supervision exercised by Railroad hereunder, or failure of Railroad to object to any work done, material used or method of construction, reconstruction or maintenance, shall not be construed to relieve Licensee of its 4 Page 440 of 529 obligations under this Agreement. 23. It is expressly made a condition of this License that if Licensee or its successors or assigns shall abandon the Facility, or any portion of thereof, then and in that event all the rights herein granted shall cease and terminate with respect to that portion of the Facility so abandoned, and title to such abandoned portion shall no longer be burdened by this License; it being agreed between the Company and Licensee that nonuse of the Facility for any period equal to or greater than one (1) year shall be deemed an abandonment of thereof, or such portion thereof as is not so used. In the event of the abandonment of all or a portion of the Facility, either by nonuse or otherwise, Licensee shall upon the request of the Company deliver to the Company a recordable instrument evidencing that the title to the Facility property so abandoned is free and clear of the burden of this License and is free and clear of liens, encumbrances, clouds upon or defects in the title to said Facility Property created or permitted to be created by Licensee. 24. It is expressly understood and agreed by the parties hereto that in the event this License on the terms herein provided would be contrary to any law, regulation or order of governmental authority, or contrary to any mortgage or indenture to which Railroad is a party, that this Agreement shall be cancelled and annulled and neither party hereto shall have any claim whatsoever against the other by reason thereof. 25. This Agreement shall be binding on the successors and assigns of the parties hereto, but no assignment hereof by the Licensee, its successors, legal representatives or assigns, shall be binding upon the Railroad without its written consent in each instance. IN WITNESS WHEREOF, the parties have caused these presents to be executed in duplicate, the day and year first above written. IOWA NORTHERN RAILWAY COMPANY BY: William Magee, Its President and Chief Executive Officer ("LICENSEE") BY: 5 , Its Page 441 of 529 EXHIBIT A INSURANCE Before the contract is awarded, Licensee shall submit to the Company a certificate of insurance evidencing the coverage. The certificate shall identify the insurance company firm name and address, Licensee firm name, policy period, type of policy, limits of coverage, and scope of work covered (including project number). To the fullest extent permitted by law, the Licensee shall indemnify and hold harmless the Company and the its affiliates, and their employees, officers, agents and authorized representatives from and against any and all liability, claims, damages, losses and expenses, including but not limited to punitive damages and attorneys' fees, arising from the injury to or death of any person or persons, or loss of or damage to any property whatsoever, while on or about the IANR's premises or arising out of or resulting from performance of the project work or services provided by Licensee or a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. The Licensee shall indemnify and hold harmless the IANR against any assertion of claims for mechanics' liens by subcontractors or material Licensees, and against any assertion of security interests for goods or materials which are placed or installed upon the IANR's premises. A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000. Coverage must be purchased on ISO occurrence form CG 00 01 12 04 or a substitute form providing equivalent coverage and include coverage for, but not limited to, the following: • Bodily Injury and Property Damage • Personal Injury and Advertising Injury • Fire legal liability • Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: • The employee and workers compensation related exclusions in the above policy shall not apply with respect to claims related to railroad employees. • The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. • Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage as respects obligations under this specification may be included on the policy with regard to the work being performed under this agreement. 6 Page 442 of 529 B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $5,000,000 per occurrence, and include coverage for, but not limited to the following: • Bodily injury and property damage • Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability Insurance. This insurance shall include coverage for, but not limited to: • Licensee's statutory liability under the worker's compensation Laws of the state(s) in which the work is to be performed. If optional under State Law, the insurance must cover all employees anyway. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. D. Railroad Protective Liability Insurance. This insurance shall name only the Company as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: • Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 1093) and on ISO Form no. CG00351093 • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to include Evacuation Expense Coverage Endorsement. • No other endorsements restricting coverage may be added. • The original policy must be provided to the Railway prior to performing any work or services under this Easement Agreement. Licensee shall use the website listed below to acquire Railroad train movement information for the purpose of obtaining Railroad Protective Liability Insurance: http://safetydata.fra.dot.gov/OfficeofSafety/PublicSite/Crossing/Crossing. aspx The US DOT Crossing Inventory Number will be located in the project plans. Zero trains per day will be displayed on the crossing inventory report for locations with grade separated crossings or at -grade crossings when there is less than one train per day. In these situations generating a map to find alternative crossing locations may be used to provide the number of trains per day and speed nearest the project location. E. Other Requirements. Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Licensee is not allowed to self -insure without the prior written consent of IANR. If granted by IANR, any deductible, self -insured retention or other financial responsibility for claims shall be covered directly by Licensee in lieu of insurance. Any and all 1ANR liabilities that would otherwise, in accordance with the 7 Page 443 of 529 provisions of this Agreement be covered by Licensee's insurance, will be covered as if Licensee elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing work, Licensee shall furnish to IANR an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a provision that obligates the insurance carrier issuing such policy(ies) to notify IANR in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. Upon request from IANR, a certified duplicate original of any required policy shall be furnished. If any portion of the contract is to be subcontracted by Licensee, Licensee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming IANR as an additional insured, and shall require that the subcontractor shall release, defend and indemnify IANR to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify IANR herein. Failure to provide evidence as required by this section shall entitle, but not require, IANR to remove Licensee from or deny entry of Licensee to IANR property immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Licensee's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this Easement Agreement. Damages recoverable by IANR shall not be limited by the amount of the required insurance coverage. 8 Page 444 of 529 EXHIBIT B 9 Page 445 of 529 SP- XXX)OOO( (New) IOWA DOT SPECIAL PROVISIONS FOR WORK ON RAILROAD RIGHT-OF-WAY (IOWA NORTHERN RAILWAY) Black Hawk County HDP-8155(786)-71-07 THE STANDARD SPECIFICATIONS, SERIES 2023, ARE AMENDED BY THE FOLLOWING MODIFICATIONS AND ADDITIONS. THESE ARE SPECIAL PROVISIONS AND THEY SHALL PREVAIL OVER THOSE PUBLISHED IN THE STANDARD SPECIFICATIONS. X)000((.01 DESCRIPTION This specification describes the requirements when work is within the right-of-way (ROW) or properties of the Iowa Northern Railway Company (IANR) and adjacent to tracks, wire lines, and other facilities. This specification describes the coordination with IANR when work by the Contractor will be performed upon, over, or under the IANR ROW, or may impact current or future IANR operations. The Contractor shall coordinate with the IANR while performing work on IANR ROW. The IANR representative will be the person or persons identified by the IANR General Manager, William Magee, 1330 Sheffield Avenue, Waterloo, IA 50702 (telephone number: 319.232.9702 and email address: wmagee@iowanorthern.com) to handle specific tasks related to the project. Prior to advertising the project for letting, the Linn County Conservation Board (County) will negotiate and obtain an agreement with the IANR for the work on IANR ROW. The Contractor is not required to enter into an agreement with the IANR except for the sole purpose of a temporary crossing (Article SP- 156226.20) that is not included in the contract documents. The Contractor shall provide track protection for all equipment operating within 25 feet from nearest rail. XXX)OO(.02 REQUESTS FOR INFORMATION. All requests for information involving work within any IANR ROW shall be in accordance with the procedures listed in the contract documents. All requests shall be submitted to the Engineer. The Engineer will forward the request to the IANR as necessary. )0000((.03 CONSTRUCTION SCHEDULE NOTICE. A construction schedule, including the proposed temporary horizontal and vertical clearances and construction sequence for all work to be performed, shall be provided to the Engineer for submittal to the IANR prior to commencement of work. When construction activities are on or about railroad property this schedule shall also include the anticipated dates when the IANR facilities may be impacted by construction activities. Page 446 of 529 SP-XXXXXX. Page 2 of 10 X)000((.04 IANR REPRESENTATIVES. IANR representatives will be provided at the expense of the Contractor to protect IANR facilities, property, and movements of its trains or engines. In general, IANR will furnish such personnel or other protective services as follows: • When any part of any equipment is standing or being operated within 25 feet, measured horizontally, from centerline of any track on which trains may operate, or when any object is off the ground and any dimension thereof could extend inside the 25-foot limit, or when any erection or construction activities are in progress within such limits, regardless of elevation above or below track. • For any excavation below elevation of track subgrade if, in the opinion of IANR, track or other IANR facilities may be subject to settlement or movement. • During any clearing, grubbing, excavation, or grading in proximity to IANR facilities, which, in the opinion of IANR, may endanger IANR facilities or operations. • During the Contractor's operations when, in the opinion of IANR, IANR facilities, including, but not limited to, tracks, buildings, signals, wire lines, or pipelines, may be endangered. ▪ The Contractor shall arrange with the IANR to provide the adequate number of flag persons to accomplish the work. ))000((.05 INSURANCE. Before the contract is awarded, Contractor shall submit to the Department a certificate of insurance evidencing the coverage. The certificate shall identify the insurance company firm name and address, Contractor firm name, policy period, type of policy, limits of coverage, and scope of work covered (including project number). To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the IANR and the its affiliates, and their employees, officers, agents and authorized representatives from and against any and all liability, claims, damages, losses and expenses, including but not limited to punitive damages and attorneys' fees, arising from the injury to or death of any person or persons, or loss of or damage to any property whatsoever, while on or about the IANR's premises or arising out of or resulting from performance of the project work or services provided by contractor or a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. The Contractor shall indemnify and hold harmless the IANR against any assertion of claims for mechanics' liens by subcontractors or material contractors, and against any assertion of security interests for goods or materials which are placed or installed upon the IANR's premises. A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000. Coverage must be purchased on ISO occurrence form CG 00 01 12 04 or a substitute form providing equivalent coverage and include coverage for, but not limited to, the following: • Bodily Injury and Property Damage • Personal Injury and Advertising Injury • Fire legal liability • Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: • The employee and workers compensation related exclusions in the above policy shall not apply with respect to claims related to railroad employees. Page 447 of 529 SP-XXXXXX. Page 3 of 10 • The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. • Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage as respects obligations under this specification may be included on the policy with regard to the work being performed under this agreement. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $5,000,000 per occurrence, and include coverage for, but not limited to the following: • Bodily injury and property damage • Any and all vehicles owned, used or hired Workers Compensation and Employers Liability Insurance. This insurance shall include coverage for, but not limited to: • Contractor's statutory liability under the worker's compensation Laws of the state(s) in which the work is to be performed. If optional under State Law, the insurance must cover all employees anyway. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. Railroad Protective Liability Insurance. This insurance shall name only the Railway as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: • Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 1093) and on ISO Form no. CG00351093 • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to include Evacuation Expense Coverage Endorsement. • No other endorsements restricting coverage may be added. • The original policy must be provided to the Railway prior to performing any work or services under this Easement Agreement. Contractor shall use the website listed below to acquire Railroad train movement information for the purpose of obtaining Railroad Protective Liability Insurance: http://safetydata.fra.dot.gov/OfficeofSafety/PublicSite/Crossing/Crossing.aspx The US DOT Crossing Inventory Number will be located in the project plans. Zero trains per day will be displayed on the crossing inventory report for locations with grade separated crossings or at -grade crossings when there is less than one train per day. In these situations generating a map to find alternative crossing locations may be used to provide the number of trains per day and speed nearest the project location. Other Requirements. Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Page 448 of 529 SP-XXXXXX. Page 4 of 10 Contractor is not allowed to self -insure without the prior written consent of IANR. If granted by IANR, any deductible, self -insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all IANR liabilities that would otherwise, in accordance with the provisions of this Agreement be covered by Contractor's insurance, will be covered as if Contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing work, Contractor shall furnish to IANR an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a provision that obligates the insurance IANR(ies) issuing such policy(ies) to notify IANR in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. Upon request from IANR, a certified duplicate original of any required policy shall be furnished. If any portion of the contract is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming IANR as an additional insured, and shall require that the subcontractor shall release, defend and indemnify IANR to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify IANR herein. Failure to provide evidence as required by this section shall entitle, but not require, IANR to remove contractor from or deny entry of contractor to IANR property immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Easement Agreement. Damages recoverable by IANR shall not be limited by the amount of the required insurance coverage. XXXXXX.06 ASSIGNMENT, SUBCONTRACTING, AND INSURANCE ENDORSEMENTS. The Contractor shall not assign or subcontract the provisions of this specification, or any interest therein, without the written consent of the Engineer. The Contractor shall be responsible for the acts and omissions of all subcontractors. Before the Contractor commences any work, they shall, except to the extent prohibited by law; (1) require each subcontractor to include the Contractor as "Additional Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2) require each subcontractor to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each subcontractor to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. XXXXXX.07 ADDITIONAL SAFETY REQUIREMENTS. The Contractor shall require its employees to be suitably dressed to perform their duties safely. The Contractor shall require workers to wear personal protective equipment as specified by IANR rules and regulations. Protective equipment shall include, but not be limited to the following: protective headgear meeting ANSI 289.1; eye protection meeting ANSI 287.1, however additional eye protection shall be provided to meet specific job situations such as welding, grinding, burning, etc.; and hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Only waist length shirts with sleeves and trousers covering the entire leg shall be worn. Flare -legged trouser bottoms shall be tied to prevent catching. Page 449 of 529 SP- XXXXXX. Page 5 of 10 Heavy equipment operating within IANR ROW shall be equipped with audible back-up warning devices. If in the opinion of the IANR the Contractor's equipment is unsafe for use on the IANR's ROW, the Contractor shall remove such equipment from the IANR ROW. The Contractor shall promptly notify the IANR of any U.S. OSHA reportable injuries occurring to any employee that arises during the work performed on the work site within IANR ROW. If at any time the Engineer or the IANR are of the opinion that any work of the Contractor is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Engineer may suspend the work until suitable, adequate, and proper protective measures are adopted and provided. XXX)00(.08 SAFETY MEASURES -PROTECTION OF OPERATIONS. The Contractor shall perform work in a safe manner and in conformity with the following standards: A. Explosives. The Contractor shall not discharge any explosives on or in the vicinity of the IANR's property without the prior consent of the IANR, which shall not be given if, in the sole discretion of the IANR, such discharge would be dangerous or would interfere with the IANR's property or facilities. For the purposes hereof, the "vicinity of the IANR's property" shall be deemed to be any place on the IANR's property or in such close proximity to the IANR's property that the discharge of explosives could cause injury to the IANR's employees or other persons, or cause damage to or interference with the facilities or operations on the IANR's property. The IANR reserves the right to impose such conditions, restrictions, or limitations on the transportation, handling, storage, security, and use of explosives as the IANR, in the IANR's sole discretion, may deem to be necessary, desirable or appropriate. In addition to any conditions, restrictions, or limitations as may be specifically imposed: 1. The Contractor shall provide no less than 48 hours written notice, excluding weekends and holidays, before discharging any explosives. 2. Any explosives loaded in holes, placed or otherwise readied for discharge, they shall be discharged the same day during daylight hours, and at mutually acceptable times. 3. The Contractor, at its own expense, shall take all precautionary measures and construct all temporary shelters necessary to guard against danger of damage, destruction, or interference arising out of or connected with any blasting or any transportation, handling, storage, security, or use of explosives. B. Obstructions to View. Except as otherwise provided herein, the Contractor shall not cause or permit the view along the tracks of the IANR to be obstructed, nor place any combustible material on the crossing area, nor erect any structures thereon except as allowed by the contract documents. C. Excavation. The Contractor shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, impair, or endanger the clearance between existing or new slopes and the tracks of the IANR. The Contractor shall not perform any work that may disturb the stability of any area that may adversely affect the IANR's tracks or facilities. The Contractor, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation or trenching performed by them in connection with construction, maintenance, or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the IANR to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the IANR's operations in the vicinity. Page 450 of 529 SP- XXXXXX. Page 6 of 10 D. Drainage. The Contractor, at its expense, shall provide and maintain suitable facilities for draining the highway and its appurtenances, and shall not suffer or permit drainage water to flow or collect upon property of the IANR so as to adversely affect any of the IANR's operations, equipment or any third parties with permitted facilities on the IANR's ROW. The Contractor, at its own expense, shall provide adequate passageway for the waters of any streams, bodies of water, and drainage facilities (either natural or artificial, and including water from the IANR's culverts and drainage facilities), so that said waters may not, because of any facilities or work of the Contractor, be impeded, obstructed, diverted, or caused to back up, overflow or damage the property of the IANR or any part thereof, or property of others. The Contractor shall not obstruct or interfere with existing ditches or drainage facilities. E. F. Clearances. The Contractor shall provide a minimum vertical clearance of 21.5 feet above top of rails and a minimum lateral clearance of 12.0 feet from centerline of track nearest temporary construction falsework. Proposed changes to the specified minimum clearances shall be submitted to IANR, through the Engineer, at least 30 calendar days in advance of the work. No work shall commence until the Engineer receives concurrence, in writing, from IANR that approval is given and that arrangements have been made for flagging service, as may be necessary. The IANR will have two weeks to respond to the request. Demolition of Existing Structures. The Contractor shall submit demolition plans to the Engineer for review and approval. The Engineer will forward to the IANR as identified in the project agreement. Demolition shall not be undertaken until the Contractor has received the Engineer's written approval of such demolition plans. All such reviews and approvals or rejections will be completed by the Engineer within 45 calendar days of receipt from the Contractor. XXXXXX.09 WALKWAYS. Along the outer side of each exterior track of multiple operated track, and on each side of single operated track, an unobstructed continuous space suitable for IANR's use in walking along trains, extending to a line not less than 12 feet from centerline of track, shall be maintained. Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during work hours while IANR's flagging service is provided shall be removed before the close of each work day. Walkways with railings shall be constructed by Contractor over open excavations when in close proximity of track, and railings shall not be closer than 8.5 feet horizontally from center line of tangent track or 9.5 feet horizontally from centerline of curved track. )0000IX.10 EXCAVATIONS IN CLOSE PROXIMITY TO IANR FACILITIES. The Contractor shall take special precaution in connection with excavating and shoring. Excavations for construction of footings, piers, columns, walls, or other facilities that require shoring shall comply with the following requirements: OSHA, AREMA, and IANR Guidelines. The Contractor shall contact IANR at least 48 hours prior to commencing work during normal business hours to determine location of fiber optics. If a telecommunications system is buried anywhere on or near IANR property, the Contractor shall coordinate with IANR and the telecommunication company to arrange for relocation or other protection of the system prior to beginning any work on or near IANR property. XXXXXX.11 NO INTERFERENCE WITH IANR'S OPERATION. The Contractor shall not interfere with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of the IANR its lessees, licensees, or others, unless specifically permitted by this specification, or specifically authorized in advance by the IANR. When not in use, the Contractor's machinery and materials shall be kept at least 50 feet from the centerline of IANR's nearest active track, Page 451 of 529 SP- XXXXXX. Page 7 of 10 and there shall be no crossings of IANR's tracks except at existing open public crossings or as provided by agreement. XXXXXX.12 TRAFFIC CONTROL. The Contractor's operations that control traffic across or around IANR facilities shall be coordinated with and approved by the IANR. XXXXXX.13 INDEMNITY. As used in this Article, "IANR" includes other railroad companies using the IANR's property at or near the location of the Contractor's work and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from the following: • Injury to or death of persons whomsoever (including the IANR's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any other person); and • Damage to or loss or destruction of property whatsoever (including Contractor property, damage to the roadbed, tracks, equipment, or other property of the IANR, or property in its care or custody). The Contractor shall indemnify, hold harmless, and defend to the extent allowed by law the IANR from any loss which is due to or arises from any cause and is associated in whole or in part with the work, a breach of the contract or the failure to observe the health and safety provisions herein, or any activity or omission arising out of performance or nonperformance; except when caused by the sole negligence of the IANR, or except to the extent caused by the gross negligence or willful misconduct of the IANR. XXXXXX.14 MAINTENANCE OF IANR FACILITIES. The Contractor shall maintain all ditches and drainage structures free of silt or other obstructions which may result from its operations, promptly repair eroded areas within IANR's ROW, and repair any other damage to IANR property, or its tenants; at no additional cost to the IANR. XXXXXX.15 COMMUNICATIONS AND SIGNAL LINES. If required, IANR will rearrange its communications and signal lines, grade crossing warning devices, train signals and tracks, and facilities that are in use and maintained by IANR's forces in connection with its operation at the expense of the Contracting Authority. This work will be performed by the IANR and it is not a part of the contract. XXXXXX.16 FIBER OPTIC CABLE SYSTEMS. Fiber optic cable systems may be buried on the IANR's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. The Contractor shall contact the IANR to determine if fiber optic cable is buried anywhere on the IANR's Crossing Area to be used by the Contractor. If ii is, the Contractor shall telephone the telecommunications company involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the IANR's Crossing Area. In addition to the liability terms elsewhere in this specification, the Contractor shall indemnify and hold harmless the IANR against and from all cost, liability, and expense whatsoever (including, without limitation, attorneys fees, court costs, and expenses) arising out of or in any way contributed to by any act or omission of the Contractor, agents, or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on IANR's property, and (2) any injury to or death of any person employed by or on behalf of any telecommunications company, its contractor, agents, or employees, on IANR's property in the crossing area. The Contractor shall not have or seek recourse against IANR for any claim or cause of action for alleged loss of profits, revenue, loss of service, or other consequential damage to a telecommunication company using IANR's property or a customer or user of services of the fiber optic cable on IANR's property. Page 452 of 529 SP- XXXXXX. Page 8 of 10 X)0000(.17 COOPERATION. The IANR will cooperate with the Contractor so that work may be conducted in an efficient manner, and will cooperate with the Contractor in enabling use of IANR's ROW in performing the work. )0XXXXX.18 WAIVER OF BREACH. The waiver by the IANR of the breach of any condition, covenant, or specification herein contained to be kept, observed and performed by the Contractor shall in no way impair the right of the IANR to avail itself of any subsequent breach thereof. XXX)00(.19 RAILROAD FLAGGING. A. Flagging and Notification. The Contractor shall notify the IANR and Engineer at least 15 working days in advance of the commencement of work and at least ten working days in advance of proposed performance of any work by the Contractor in which any person or equipment will be within 25 feet of any track, or near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any track. This notice shall include the following: • Project Number • Contractor's name • Date flagging is needed • Location of flagging services to be provided • Duration of flagging No work shall be performed, and no person, equipment, machinery, tools, materials, vehicles, or things shall be located, operated, placed, or stored within 25 feet of any of IANR's track at any time, for any reason, unless and until a railroad flagger is provided to watch for trains. B. Upon receipt of such 10 day notice, the IANR will determine and inform the Contractor whether a flagger need be present and whether the Contractor need implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by the IANR, such services will be provided at Contractor's expense with the understanding that if the IANR provides any flagging or other services, the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. The Contractor shall pay the IANR all charges connected with such services within 30 calendar days after presentation of a bill. Work performed without proper flagging services, when required, will be subject to a $5,000 per day price adjustment. The Contractor shall provide the IANR a minimum of 2 working days notice prior to the completion of work for which the flagging services were requested. Flagger Rate of Pay. (a) Company flagman is provided to watch for trains. All expenses connected with the furnishing of said flagman shall be at the sole cost and expense of the Contractor, who shall promptly pay to Iowa Northern Railway Company all charges connected therewith, within 30 days after presentation of a bill therefore. (b) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight - hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in Page 453 of 529 SP- XXXXXX. Page 9 of 10 effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. The current rates for a flagger are: 1) $1,000/day for an 8 hour day. 2) Overtime rate shall be $187.50/hour after 8 hours worked (c) Wage rates are subject to change, at any time, by law or by agreement between the Railroad and its employees, and may be retroactive as a result of a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, the Contractor shall pay on the basis of the new rates and charges. (d) Reimbursement to Iowa Northern Railway Company will be required covering the full eight - hour day during which any flagman is furnished. (e) Arrangements for flagging are to be made at least 10 days in advance of commencing work upon the Licensed Property. Reimbursement to the IANR. Reimbursement to the IANR, by the Contractor, shall cover the full 8 hour day during which any flagger is furnished, unless they can be assigned to other IANR work during a portion of such day. Reimbursement will not be required for the portion of the day during which the flagger is engaged in other IANR work. Reimbursement will also be required for any day not actually worked by said flagger following assignment to work on the project for which the IANR is required to pay the flagger and which could not reasonably be avoided by the IANR by assignment of such flagger to other work, even though the Contractor may not be working during such time. In the event the Contractor fails to reimburse the IANR, the Contracting Authority will reimburse the IANR within 30 calendar days of the Contractor defaulting on the payment (default is defined as non-payment within 30 calendar days of final billing by the IANR to the Contractor). Failure of the Contractor to reimburse the IANR may result in a reduction or suspension of the Contractors bidding qualifications according to Article 1102.03 of the Standard Specifications. Documentation and Reimbursement to the Contractor. The Contractor shall initially pay IANR invoices for all flagging costs in conjunction with railroad flaggers when any of the conditions identified in Article SP-XXXXXX.04, warrant a flagger. The Contracting Authority will reimburse the Contractor for any daily cost that exceeds $1,000.00 per day for the cost of flagger services provided by the IANR. The Contracting Authority will reimburse the Contractor 100% of the total cost of flagger services, as deemed necessary by the IANR, that does not meet any of the conditions identified in Article SP-XXXXXX.04, unless the flagger's presence on the project was a result of the Contractor's communication, or lack of communication, with the IANR. The Contracting Authority will reimburse the Contractor following completion of all work necessitating flagging operations by the IANR and receipt of documentation verifying the IANR invoices have been paid. For each day that railroad flaggers have been provided, the Contractor shall document daily the conditions on the project site that warrant the flagger. The Contractor shall submit the daily records to the Engineer each week. The Engineer will review the daily logs and promptly notify the Contractor if any information in the daily log is believed to be incorrect. The Contractor shall forward copies of the invoices received from the IANR for flaggers and a summary of the flagging costs incurred that exceed the Contactors' requirements described in Article SP-XXXXXX.04, to the Engineer with a request for payment for the additional railroad flagger costs. The Engineer will review the Contractor's daily logs against the IANR's invoice and make payment for the eligible costs in accordance with Article 1109.03, of the Standard Specifications. Page 454 of 529 SP- XXXXXX. Page 10 of 10 The Contractor shall be responsible to the IANR for all flagging costs. Flagging costs for subcontracted work shall be the responsibility of the Contractor. Reimbursement from subcontractors to the Contractor shall be the sole responsibility of the Contractor. The Contractor shall forward, to the Engineer, copies of payments made to the IANR for flagging costs. XXXXXX.20 TEMPORARY CROSSINGS. At other than established public road crossings, the Contractor shall not move any equipment or materials across the IANR's tracks until written permission has been obtained from the IANR. If the Contractor requires a temporary railroad crossing the Contractor shall arrange for the crossing installation at a mutually acceptable location at the Contractor's expense to include all IANR costs of installation, maintenance, removal, and track restoration. The temporary crossing shall be gated and locked at all times when not required for use by the Contractor. Flagging will always be required during use of a temporary crossing. The billing, Contractor payment provisions, and final Contractor payment requirements for crossing costs except flagging are to be covered as agreed to in a separate agreement between the Contractor and IANR. Prior notice of need for a temporary crossing needs to allow for IANR site review, cost estimating, securing material, and work crew scheduling and will vary. The Contractor should contact the IANR prior to making a bid when a temporary crossing is required. XX00O0(.21 LIMITATION OF RIGHTS GRANTED. The Contract, any Temporary Easement, and Permanent Easement are all subject to the prior and continuing right and obligation of the IANR to use and maintain its property, not inconsistent with highway purposes, including the right and power of the IANR to construct, maintain, repair, renew, use, operate, change, modify, or relocate IANR tracks, roadways, signal, communication, fiber optics, or other wirelines, be freely done at any time or times by the IANR, not inconsistent with highway purposes and at IANR's sole cost and expense. The Contract, Temporary Construction Easement, and Permanent Easement, whether recorded or unrecorded, are subject to all outstanding rights (including those in favor of licensees and lessees of the IANR's property, and others) and the right of the IANR to renew and extend the same, and is made without covenant of title or for quiet enjoyment. XXXXXX.22 MECHANICS' LIENS. The Contractor shall not permit or suffer any mechanic's or material supplier's liens of any kind or nature to be enforced against any property of the IANR for any work performed. The Contractor shall indemnify and hold harmless the IANR from and against any liens, claims, demands, costs, or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. It is understood that this specification may be recorded in the county in which the work is to be performed and such recording shall serve as public notice that no Contractor, subcontractor, or material supplier shall file any notice of a mechanic's or material supplier's lien or permit or suffer any mechanic's lien or material supplier's lien on the property of the IANR to the extent permitted by law. XXXXXX.23 METHOD OF MEASUREMENT AND BASIS OF PAYMENT. Railroad Protective Liability Insurance for Iowa Northern Railway Company shall be paid for as a Lump Sum bid item. The Contractor will be paid the Lump Sum bid item price within 30 calendar days after receipt of a signed contract, provided that all necessary certificates of insurance have been submitted to the Department per Article SP- XXXXXX.05. Page 455 of 529 RECREATIONAL TRAIL AND DITCH GRADING LICENSE AGREEMENT THIS RECREATIONAL TRAIL AND DITCH GRADING LICENSE AGREEMENT is made and entered into this day of , 2025 (the "Effective Date"), by and between IOWA NORTHERN RAILWAY COMPANY, an Iowa corporation, (hereafter the "Company", "Railroad" or "IANR") and City of Waterloo, State of Iowa ("Licensee"). WHEREAS, the Licensee desires to construct a recreational trail and ditch grading (hereinafter called the "Facility") upon the Company's right-of-way in Black Hawk County, Iowa; WHEREAS, the parties agree that the Facility will be in close proximity to an active railroad right- of-way over which the Company conducts regular railroad operations which potentially occur at all hours of the day and night; and WHEREAS, the Facility shall be installed and thereafter maintained and used upon the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the premises, it is hereby mutually agreed by and between the parties hereto as follows: 1. In consideration of a preparation and handling fee of Seven Hundred Fifty Dollars ($750.00) and a one-time license fee of Seven Hundred Fifty Dollars ($750.00) in hand paid by the Licensee to the Railroad, the receipt of which is hereby acknowledged, and the faithful performance by the Licensee of the covenants herein contained, Licensee may for a term of three (3) months commencing as of the Notice to Proceed (as that term is defined in certain contract documents among the Company, Black Hawk County and Iowa Department of Transportation regarding Project HDP-8155(786)-71-07, construct and maintain a 10-foot recreational trail with an eight -foot -tall chain link fence, ditch grading, and intake installation upon the property of the Railroad at the location described generally as between Railroad Milepost 149.11 and Railroad Milepost 149.33 2. Licensee shall be responsible for the entire cost of the Facility including its construction and maintenance. 3. All construction plans will be subject to the prior review and approval by the Company. 4. Prior to entry on Railroad's property or use of the Facility, Licensee shall procure and maintain during the term of this Agreement a policy of general liability insurance, containing contractual liability coverage all as set forth in Exhibit A which is attached and incorporated herein by this reference. As evidence of said insurance, a certificate of insurance shall be furnished to and approved by the Railroad prior to entry on Railroad's property or construction or use of the Facility. 1 Page 456 of 529 The insurance required herein shall not limit the liability assumed by the Licensee under this Agreement. Licensee shall comply with and satisfy all of the obligations and promises set forth in Exhibit B which is attached and incorporated herein by this reference. 5. This License and the permission herein issued to Licensee are temporary and non-exclusive and subject and subordinate to the rights of Railroad, its successors and assigns, its grantees, lessees and licensees to construct, reconstruct, operate, use, maintain, repair and renew on, beneath or above the property covered hereby, and structures, improvements or facilities of similar or different character as are now or in the future may be located on, beneath or above said properties. 6. Licensee shall, except in emergencies, give not less than seventy-two (72) hours written notice to Railroad of the day, hour and location that it proposes to undertake any construction or maintenance work concerning the Facility and in the event of an emergency shall notify Railroad as soon as possible. Licensee shall require each of its Licensees and subcontractors to observe and conform to the conditions and requirements specified herein; and for the purposes of the safety, protective and indemnification provisions hereof, such Licensees and subcontractors, their agents, servants and employees, and other persons on the Railroad property at the invitation of the Licensee or subcontractors, shall be deemed the agents or employees of the Licensee. 7. Licensee shall at no expense to Railroad obtain all permits and approvals required to exercise this License and Licensee shall install, maintain and operate its facilities in accordance with all requirements of lawful public authority. Licensee shall be responsible for any taxes, assessments and changes made against the Pipeline or other of Licensee's facilities on Railroad's property or the operation of any of them. 8. The initial cost and expense of installation of the Facility shall be borne by the Licensee. 9. If, in the opinion of the authorized representative of Railroad, the work to be done by the Licensee pursuant to this Agreement will make necessary or desirable any change in the Railroad's facilities, or those of the Railroad's tenants or licensees, on the Railroad's property, the Railroad shall have the right, but not the duty, to make such changes, the expense thereof to be borne by the Licensee. Railroad shall have the right, but not the duty, to furnish flagging or other protection or to perform work to support its tracks or otherwise protect its property or facilities at any time, at Licensee's sole risk and expense. 10. Licensee shall remove and keep removed as a result of the roadway Facility all brush, weeds, trees and other plant growth which interfere with view of approaching trains and rail vehicles on the tracks of the Company. 11. Licensee shall not do or permit to be done in the use of the Facility any act that will in any manner interfere with, interrupt or endanger the operation of the trains, engines, rail cars or other railroad equipment. 2 Page 457 of 529 12. The Facility shall be for the exclusive use of the Licensee, its agents, employees, lessees and invitees, solely as a recreational trail, and the Licensee shall prevent any other use of the Facility. 13. Licensee and other persons authorized to use the Facility shall at all times use of the Facility, it will comply with all applicable laws, including, but not limited to, any laws, standards, regulations, or permit requirements relating to environmental pollution or contamination or to occupational health and safety; and Licensee agrees to indemnify and hold harmless the Company and the Railroad from any and all claims, demands, lawsuit, or liability for loss, fines, damage, injury, and death and all expenses and costs, including attorneys' fees, resulting from or arising out of the construction, maintenance, or use of the Facility, including any discharge or emission therefrom or for the violation of any law, standard, regulation, or permit requirement relating to environmental pollution of contamination or to occupational health and safety. 14. IT IS UNDERSTOOD BY THE LICENSEE THAT THE FACILITY IS SUBJECT TO AND MAY INCREASE THE DANGERS AND HAZARDS OF THE OPERATION OF THE RAILROAD OF THE COMPANY. Therefore, the Licensee accepts the privilege granted hereby with full recognition of the risk of loss of life, personal injury and property loss or damage which may be caused by rail operations at or in the vicinity of the Facility and by the construction, use, maintenance or removal of the Facility by the Licensee or others. Therefore, the Licensee assumes and agrees to pay for all loss of or damage to any property whatsoever, and injury to or death of any person or persons whomsoever, including all costs and expenses incident thereto, however arising from or in connection with the existence, construction, maintenance, repair, renewal, reconstruction, use or removal of said Facility, or any defect therein or failure thereof, or the failure of the Licensee, its agents, employees, lessees or invitees to abide by or comply with any of the terms and conditions of this Agreement, required to be kept or performed by them or any of them; and the Licensee forever indemnifies the Company against and agrees to save the Company harmless from any and all claims, demands, lawsuits or liability for any such loss, damage, injury and death and costs and expenses including attorneys' fees incident thereto, even though the operations of the railroad may have caused or contributed thereto. Notice to or knowledge by the" Company of any act or omission by the Licensee, and the acquiescence by the Company in or to such act or omission, shall neither be considered to relieve the Licensee of any obligation assumed by it under this paragraph nor be considered to be a waiver or release by the Company of any rights granted to it under this paragraph. 15. The Company shall have the right to use, occupy and enjoy its tracks, property and right-of- way for such purposes, in such manner and at such time as it shall desire, the same as if this Agreement had not been executed by it. The Company shall have the right, without any liability for damages to the Licensee therefore, to terminate this Agreement at anytime by giving the Licensee not less than thirty (30) days written notice of such termination. Upon expiration of the time provided by such notice, Company, without further notice, act or demand, may thereupon remove the Facility and approaches. 16. Licensee agrees at any time, or from time to time, at its own risk and expense, upon request of the authorized representative of the Railroad, to make such change or changes as may be necessary and reasonable in the opinion of said representative to accommodate any change or improvement which Railroad may desire to make in or upon its property. In case Licensee shall fail within thirty (30) days after notice from Railroad to make such change or changes, Railroad 3 Page 458 of 529 shall have the right, but not the duty, to make such change or changes, or remove Licensee's facilities from said property at the risk and expense of the Licensee. 17. In the event Railroad elects to renew, replace, repair or alter any tracks or other facilities or to construct new facilities or to make other use of the property covered by this License, and in connection therewith requires the removal of the Facility placed by Licensee on Railroad's property or should the need renewal or repair, the Licensee shall, within thirty (30) days of receipt of notice, arrange for such removal, renewal or repair at Licensee's risk and expense. In the event removal is required, the Facility shall be relocated to such location on Railroad's property as is designated by Railroad, provided that Railroad's authorized representative determines that a location is reasonably available. Renewal or repair, if requested, shall be to such condition as is designated by Railroad's authorized representative. If Licensee fails to comply with the foregoing, Railroad shall have the right, but not the duty, to remove, renew or repair the Facility at the sole risk and expense of Licensee. 18. Cost and expense for work, if any, performed by the Railroad pursuant to this Agreement shall consist of the direct costs of labor and material plus Railroad's standard additives in effect at the time the work is performed. All payments required of Licensee under this Agreement shall be made promptly upon presentation of a bill, and in no event later than twenty (20) days after bills are submitted by the Company to Licensee. For all bills unpaid after twenty (20) days, interest shall accrue at an annualized rate of 10% per annum. 19. It is expressly understood Railroad does not warrant title to the premises and Licensee accepts the issuance of privileges contained herein subject to all lawful outstanding existing liens and superior rights. Licensee agrees it shall not have nor make any claims against Railroad for damages on account of any deficiency of such title and the sole remedy of Licensee shall be the right to return of the consideration paid in advance, provided for herein, or a proportionate part thereof in the event of a partial deficiency or insufficiency of title. Licensee further agrees to indemnify and hold harmless the Railroad and to assume all risk, responsibility and liability including any expense, reasonable attorneys' fees and costs incurred or sustained by Railroad arising from, growing out of, or in any manner or degree directly or indirectly attributable to or resulting from any deficiency or insufficiency of its title affecting the right of the Railroad to issue this License. 20. The permission granted by the Company shall neither be, or be deemed or construed to be, a grant of land, nor shall it constitute ownership by Licensee of the Facility or that portion of the Company's right-of-way upon which said crossing is located. 21. It is specifically understood by Licensee that cables and other electric and/or fiber optic transmission lines, may, now or in the future, be on, about, along, or under the Company's property and Licensee agrees and warrants that under no circumstances will Licensee dig in or disturb the surface of the Company's property, without prior approval from the Company. 22. Nothing in this Agreement shall be construed to place any responsibility on Railroad for the quality of the construction, maintenance or other work performed on behalf of Licensee hereunder or for the condition of any of Licensee's facilities. Any approval given or supervision exercised by Railroad hereunder, or failure of Railroad to object to any work done, material used or method of construction, reconstruction or maintenance, shall not be construed to relieve Licensee of its 4 Page 459 of 529 obligations under this Agreement. 23. It is expressly made a condition of this License that if Licensee or its successors or assigns shall abandon the Facility, or any portion of thereof, then and in that event all the rights herein granted shall cease and terminate with respect to that portion of the Facility so abandoned, and title to such abandoned portion shall no longer be burdened by this License; it being agreed between the Company and Licensee that nonuse of the Facility for any period equal to or greater than one (1) year shall be deemed an abandonment of thereof, or such portion thereof as is not so used. In the event of the abandonment of all or a portion of the Facility, either by nonuse or otherwise, Licensee shall upon the request of the Company deliver to the Company a recordable instrument evidencing that the title to the Facility property so abandoned is free and clear of the burden of this License and is free and clear of liens, encumbrances, clouds upon or defects in the title to said Facility Property created or permitted to be created by Licensee. 24. It is expressly understood and agreed by the parties hereto that in the event this License on the terms herein provided would be contrary to any law, regulation or order of governmental authority, or contrary to any mortgage or indenture to which Railroad is a party, that this Agreement shall be cancelled and annulled and neither party hereto shall have any claim whatsoever against the other by reason thereof. 25. This Agreement shall be binding on the successors and assigns of the parties hereto, but no assignment hereof by the Licensee, its successors, legal representatives or assigns, shall be binding upon the Railroad without its written consent in each instance. IN WITNESS WHEREOF, the parties have caused these presents to be executed in duplicate, the day and year first above written. IOWA NORTHERN RAILWAY COMPANY BY: William Magee, Its President and Chief Executive Officer ("LICENSEE") BY: 5 , Its Page 460 of 529 EXHIBIT A INSURANCE Before the contract is awarded, Licensee shall submit to the Company a certificate of insurance evidencing the coverage. The certificate shall identify the insurance company firm name and address, Licensee firm name, policy period, type of policy, limits of coverage, and scope of work covered (including project number). To the fullest extent permitted by law, the Licensee shall indemnify and hold harmless the Company and the its affiliates, and their employees, officers, agents and authorized representatives from and against any and all liability, claims, damages, losses and expenses, including but not limited to punitive damages and attorneys' fees, arising from the injury to or death of any person or persons, or loss of or damage to any property whatsoever, while on or about the IANR's premises or arising out of or resulting from performance of the project work or services provided by Licensee or a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. The Licensee shall indemnify and hold harmless the IANR against any assertion of claims for mechanics' liens by subcontractors or material Licensees, and against any assertion of security interests for goods or materials which are placed or installed upon the IANR's premises. A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000. Coverage must be purchased on ISO occurrence form CG 00 01 12 04 or a substitute form providing equivalent coverage and include coverage for, but not limited to, the following: • Bodily Injury and Property Damage • Personal Injury and Advertising Injury • Fire legal liability • Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: • The employee and workers compensation related exclusions in the above policy shall not apply with respect to claims related to railroad employees. • The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. • Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage as respects obligations under this specification may be included on the policy with regard to the work being performed under this agreement. 6 Page 461 of 529 B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $5,000,000 per occurrence, and include coverage for, but not limited to the following: • Bodily injury and property damage • Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability Insurance. This insurance shall include coverage for, but not limited to: • Licensee's statutory liability under the worker's compensation Laws of the state(s) in which the work is to be performed. If optional under State Law, the insurance must cover all employees anyway. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. D. Railroad Protective Liability Insurance. This insurance shall name only the Company as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: • Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 1093) and on ISO Form no. CG00351093 • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to include Evacuation Expense Coverage Endorsement. • No other endorsements restricting coverage may be added. • The original policy must be provided to the Railway prior to performing any work or services under this Easement Agreement. Licensee shall use the website listed below to acquire Railroad train movement information for the purpose of obtaining Railroad Protective Liability Insurance: http://safetydata.fra.dot.gov/OfficeofSafety/PublicSite/Crossing/Crossing. aspx The US DOT Crossing Inventory Number will be located in the project plans. Zero trains per day will be displayed on the crossing inventory report for locations with grade separated crossings or at -grade crossings when there is less than one train per day. In these situations generating a map to find alternative crossing locations may be used to provide the number of trains per day and speed nearest the project location. E. Other Requirements. Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Licensee is not allowed to self -insure without the prior written consent of IANR. If granted by IANR, any deductible, self -insured retention or other financial responsibility for claims shall be covered directly by Licensee in lieu of insurance. Any and all 1ANR liabilities that would otherwise, in accordance with the 7 Page 462 of 529 provisions of this Agreement be covered by Licensee's insurance, will be covered as if Licensee elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing work, Licensee shall furnish to IANR an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a provision that obligates the insurance carrier issuing such policy(ies) to notify IANR in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. Upon request from IANR, a certified duplicate original of any required policy shall be furnished. If any portion of the contract is to be subcontracted by Licensee, Licensee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming IANR as an additional insured, and shall require that the subcontractor shall release, defend and indemnify IANR to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify IANR herein. Failure to provide evidence as required by this section shall entitle, but not require, IANR to remove Licensee from or deny entry of Licensee to IANR property immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Licensee's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this Easement Agreement. Damages recoverable by IANR shall not be limited by the amount of the required insurance coverage. 8 Page 463 of 529 EXHIBIT B 9 Page 464 of 529 SP- XXX)OOO( (New) IOWA DOT SPECIAL PROVISIONS FOR WORK ON RAILROAD RIGHT-OF-WAY (IOWA NORTHERN RAILWAY) Black Hawk County HDP-8155(786)-71-07 THE STANDARD SPECIFICATIONS, SERIES 2023, ARE AMENDED BY THE FOLLOWING MODIFICATIONS AND ADDITIONS. THESE ARE SPECIAL PROVISIONS AND THEY SHALL PREVAIL OVER THOSE PUBLISHED IN THE STANDARD SPECIFICATIONS. X)000((.01 DESCRIPTION This specification describes the requirements when work is within the right-of-way (ROW) or properties of the Iowa Northern Railway Company (IANR) and adjacent to tracks, wire lines, and other facilities. This specification describes the coordination with IANR when work by the Contractor will be performed upon, over, or under the IANR ROW, or may impact current or future IANR operations. The Contractor shall coordinate with the IANR while performing work on IANR ROW. The IANR representative will be the person or persons identified by the IANR General Manager, William Magee, 1330 Sheffield Avenue, Waterloo, IA 50702 (telephone number: 319.232.9702 and email address: wmagee@iowanorthern.com) to handle specific tasks related to the project. Prior to advertising the project for letting, the Linn County Conservation Board (County) will negotiate and obtain an agreement with the IANR for the work on IANR ROW. The Contractor is not required to enter into an agreement with the IANR except for the sole purpose of a temporary crossing (Article SP- 156226.20) that is not included in the contract documents. The Contractor shall provide track protection for all equipment operating within 25 feet from nearest rail. XXX)OO(.02 REQUESTS FOR INFORMATION. All requests for information involving work within any IANR ROW shall be in accordance with the procedures listed in the contract documents. All requests shall be submitted to the Engineer. The Engineer will forward the request to the IANR as necessary. )0000((.03 CONSTRUCTION SCHEDULE NOTICE. A construction schedule, including the proposed temporary horizontal and vertical clearances and construction sequence for all work to be performed, shall be provided to the Engineer for submittal to the IANR prior to commencement of work. When construction activities are on or about railroad property this schedule shall also include the anticipated dates when the IANR facilities may be impacted by construction activities. Page 465 of 529 SP-XXXXXX. Page 2 of 10 X)000((.04 IANR REPRESENTATIVES. IANR representatives will be provided at the expense of the Contractor to protect IANR facilities, property, and movements of its trains or engines. In general, IANR will furnish such personnel or other protective services as follows: • When any part of any equipment is standing or being operated within 25 feet, measured horizontally, from centerline of any track on which trains may operate, or when any object is off the ground and any dimension thereof could extend inside the 25-foot limit, or when any erection or construction activities are in progress within such limits, regardless of elevation above or below track. • For any excavation below elevation of track subgrade if, in the opinion of IANR, track or other IANR facilities may be subject to settlement or movement. • During any clearing, grubbing, excavation, or grading in proximity to IANR facilities, which, in the opinion of IANR, may endanger IANR facilities or operations. • During the Contractor's operations when, in the opinion of IANR, IANR facilities, including, but not limited to, tracks, buildings, signals, wire lines, or pipelines, may be endangered. ▪ The Contractor shall arrange with the IANR to provide the adequate number of flag persons to accomplish the work. ))000((.05 INSURANCE. Before the contract is awarded, Contractor shall submit to the Department a certificate of insurance evidencing the coverage. The certificate shall identify the insurance company firm name and address, Contractor firm name, policy period, type of policy, limits of coverage, and scope of work covered (including project number). To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the IANR and the its affiliates, and their employees, officers, agents and authorized representatives from and against any and all liability, claims, damages, losses and expenses, including but not limited to punitive damages and attorneys' fees, arising from the injury to or death of any person or persons, or loss of or damage to any property whatsoever, while on or about the IANR's premises or arising out of or resulting from performance of the project work or services provided by contractor or a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. The Contractor shall indemnify and hold harmless the IANR against any assertion of claims for mechanics' liens by subcontractors or material contractors, and against any assertion of security interests for goods or materials which are placed or installed upon the IANR's premises. A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000. Coverage must be purchased on ISO occurrence form CG 00 01 12 04 or a substitute form providing equivalent coverage and include coverage for, but not limited to, the following: • Bodily Injury and Property Damage • Personal Injury and Advertising Injury • Fire legal liability • Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: • The employee and workers compensation related exclusions in the above policy shall not apply with respect to claims related to railroad employees. Page 466 of 529 SP-XXXXXX. Page 3 of 10 • The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. • Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage as respects obligations under this specification may be included on the policy with regard to the work being performed under this agreement. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $5,000,000 per occurrence, and include coverage for, but not limited to the following: • Bodily injury and property damage • Any and all vehicles owned, used or hired Workers Compensation and Employers Liability Insurance. This insurance shall include coverage for, but not limited to: • Contractor's statutory liability under the worker's compensation Laws of the state(s) in which the work is to be performed. If optional under State Law, the insurance must cover all employees anyway. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. Railroad Protective Liability Insurance. This insurance shall name only the Railway as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: • Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 1093) and on ISO Form no. CG00351093 • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to include Evacuation Expense Coverage Endorsement. • No other endorsements restricting coverage may be added. • The original policy must be provided to the Railway prior to performing any work or services under this Easement Agreement. Contractor shall use the website listed below to acquire Railroad train movement information for the purpose of obtaining Railroad Protective Liability Insurance: http://safetydata.fra.dot.gov/OfficeofSafety/PublicSite/Crossing/Crossing.aspx The US DOT Crossing Inventory Number will be located in the project plans. Zero trains per day will be displayed on the crossing inventory report for locations with grade separated crossings or at -grade crossings when there is less than one train per day. In these situations generating a map to find alternative crossing locations may be used to provide the number of trains per day and speed nearest the project location. Other Requirements. Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Page 467 of 529 SP-XXXXXX. Page 4 of 10 Contractor is not allowed to self -insure without the prior written consent of IANR. If granted by IANR, any deductible, self -insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all IANR liabilities that would otherwise, in accordance with the provisions of this Agreement be covered by Contractor's insurance, will be covered as if Contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing work, Contractor shall furnish to IANR an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a provision that obligates the insurance IANR(ies) issuing such policy(ies) to notify IANR in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. Upon request from IANR, a certified duplicate original of any required policy shall be furnished. If any portion of the contract is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming IANR as an additional insured, and shall require that the subcontractor shall release, defend and indemnify IANR to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify IANR herein. Failure to provide evidence as required by this section shall entitle, but not require, IANR to remove contractor from or deny entry of contractor to IANR property immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Easement Agreement. Damages recoverable by IANR shall not be limited by the amount of the required insurance coverage. XXXXXX.06 ASSIGNMENT, SUBCONTRACTING, AND INSURANCE ENDORSEMENTS. The Contractor shall not assign or subcontract the provisions of this specification, or any interest therein, without the written consent of the Engineer. The Contractor shall be responsible for the acts and omissions of all subcontractors. Before the Contractor commences any work, they shall, except to the extent prohibited by law; (1) require each subcontractor to include the Contractor as "Additional Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2) require each subcontractor to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each subcontractor to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. XXXXXX.07 ADDITIONAL SAFETY REQUIREMENTS. The Contractor shall require its employees to be suitably dressed to perform their duties safely. The Contractor shall require workers to wear personal protective equipment as specified by IANR rules and regulations. Protective equipment shall include, but not be limited to the following: protective headgear meeting ANSI 289.1; eye protection meeting ANSI 287.1, however additional eye protection shall be provided to meet specific job situations such as welding, grinding, burning, etc.; and hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Only waist length shirts with sleeves and trousers covering the entire leg shall be worn. Flare -legged trouser bottoms shall be tied to prevent catching. Page 468 of 529 SP- XXXXXX. Page 5 of 10 Heavy equipment operating within IANR ROW shall be equipped with audible back-up warning devices. If in the opinion of the IANR the Contractor's equipment is unsafe for use on the IANR's ROW, the Contractor shall remove such equipment from the IANR ROW. The Contractor shall promptly notify the IANR of any U.S. OSHA reportable injuries occurring to any employee that arises during the work performed on the work site within IANR ROW. If at any time the Engineer or the IANR are of the opinion that any work of the Contractor is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Engineer may suspend the work until suitable, adequate, and proper protective measures are adopted and provided. XXXXXX.08 SAFETY MEASURES -PROTECTION OF OPERATIONS. The Contractor shall perform work in a safe manner and in conformity with the following standards: A. Explosives. The Contractor shall not discharge any explosives on or in the vicinity of the IANR's property without the prior consent of the IANR, which shall not be given if, in the sole discretion of the IANR, such discharge would be dangerous or would interfere with the IANR's property or facilities. For the purposes hereof, the "vicinity of the IANR's property" shall be deemed to be any place on the IANR's property or in such close proximity to the IANR's property that the discharge of explosives could cause injury to the IANR's employees or other persons, or cause damage to or interference with the facilities or operations on the IANR's property. The IANR reserves the right to impose such conditions, restrictions, or limitations on the transportation, handling, storage, security, and use of explosives as the IANR, in the IANR's sole discretion, may deem to be necessary, desirable or appropriate. In addition to any conditions, restrictions, or limitations as may be specifically imposed: 1. The Contractor shall provide no less than 48 hours written notice, excluding weekends and holidays, before discharging any explosives. 2. Any explosives loaded in holes, placed or otherwise readied for discharge, they shall be discharged the same day during daylight hours, and at mutually acceptable times. 3. The Contractor, at its own expense, shall take all precautionary measures and construct all temporary shelters necessary to guard against danger of damage, destruction, or interference arising out of or connected with any blasting or any transportation, handling, storage, security, or use of explosives. B. Obstructions to View. Except as otherwise provided herein, the Contractor shall not cause or permit the view along the tracks of the IANR to be obstructed, nor place any combustible material on the crossing area, nor erect any structures thereon except as allowed by the contract documents. C. Excavation. The Contractor shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, impair, or endanger the clearance between existing or new slopes and the tracks of the IANR. The Contractor shall not perform any work that may disturb the stability of any area that may adversely affect the IANR's tracks or facilities. The Contractor, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation or trenching performed by them in connection with construction, maintenance, or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the IANR to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the IANR's operations in the vicinity. Page 469 of 529 SP- XXXXXX. Page 6 of 10 D. Drainage. The Contractor, at its expense, shall provide and maintain suitable facilities for draining the highway and its appurtenances, and shall not suffer or permit drainage water to flow or collect upon property of the IANR so as to adversely affect any of the IANR's operations, equipment or any third parties with permitted facilities on the IANR's ROW. The Contractor, at its own expense, shall provide adequate passageway for the waters of any streams, bodies of water, and drainage facilities (either natural or artificial, and including water from the IANR's culverts and drainage facilities), so that said waters may not, because of any facilities or work of the Contractor, be impeded, obstructed, diverted, or caused to back up, overflow or damage the property of the IANR or any part thereof, or property of others. The Contractor shall not obstruct or interfere with existing ditches or drainage facilities. E. F. Clearances. The Contractor shall provide a minimum vertical clearance of 21.5 feet above top of rails and a minimum lateral clearance of 12.0 feet from centerline of track nearest temporary construction falsework. Proposed changes to the specified minimum clearances shall be submitted to IANR, through the Engineer, at least 30 calendar days in advance of the work. No work shall commence until the Engineer receives concurrence, in writing, from IANR that approval is given and that arrangements have been made for flagging service, as may be necessary. The IANR will have two weeks to respond to the request. Demolition of Existing Structures. The Contractor shall submit demolition plans to the Engineer for review and approval. The Engineer will forward to the IANR as identified in the project agreement. Demolition shall not be undertaken until the Contractor has received the Engineer's written approval of such demolition plans. All such reviews and approvals or rejections will be completed by the Engineer within 45 calendar days of receipt from the Contractor. XXXXXX.09 WALKWAYS. Along the outer side of each exterior track of multiple operated track, and on each side of single operated track, an unobstructed continuous space suitable for IANR's use in walking along trains, extending to a line not less than 12 feet from centerline of track, shall be maintained. Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during work hours while IANR's flagging service is provided shall be removed before the close of each work day. Walkways with railings shall be constructed by Contractor over open excavations when in close proximity of track, and railings shall not be closer than 8.5 feet horizontally from center line of tangent track or 9.5 feet horizontally from centerline of curved track. )0000IX.10 EXCAVATIONS IN CLOSE PROXIMITY TO IANR FACILITIES. The Contractor shall take special precaution in connection with excavating and shoring. Excavations for construction of footings, piers, columns, walls, or other facilities that require shoring shall comply with the following requirements: OSHA, AREMA, and IANR Guidelines. The Contractor shall contact IANR at least 48 hours prior to commencing work during normal business hours to determine location of fiber optics. If a telecommunications system is buried anywhere on or near IANR property, the Contractor shall coordinate with IANR and the telecommunication company to arrange for relocation or other protection of the system prior to beginning any work on or near IANR property. XXXXXX.11 NO INTERFERENCE WITH IANR'S OPERATION. The Contractor shall not interfere with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of the IANR its lessees, licensees, or others, unless specifically permitted by this specification, or specifically authorized in advance by the IANR. When not in use, the Contractor's machinery and materials shall be kept at least 50 feet from the centerline of IANR's nearest active track, Page 470 of 529 SP- XXXXXX. Page 7 of 10 and there shall be no crossings of IANR's tracks except at existing open public crossings or as provided by agreement. XXX)00(.12 TRAFFIC CONTROL. The Contractor's operations that control traffic across or around IANR facilities shall be coordinated with and approved by the IANR. )0XX)00(.13 INDEMNITY. As used in this Article, "IANR" includes other railroad companies using the IANR's property at or near the location of the Contractor's work and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from the following: • Injury to or death of persons whomsoever (including the IANR's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any other person); and • Damage to or loss or destruction of property whatsoever (including Contractor property, damage to the roadbed, tracks, equipment, or other property of the IANR, or property in its care or custody). The Contractor shall indemnify, hold harmless, and defend to the extent allowed by law the IANR from any loss which is due to or arises from any cause and is associated in whole or in part with the work, a breach of the contract or the failure to observe the health and safety provisions herein, or any activity or omission arising out of performance or nonperformance; except when caused by the sole negligence of the IANR, or except to the extent caused by the gross negligence or willful misconduct of the IANR. XXXXXX.14 MAINTENANCE OF IANR FACILITIES. The Contractor shall maintain all ditches and drainage structures free of silt or other obstructions which may result from its operations, promptly repair eroded areas within IANR's ROW, and repair any other damage to IANR property, or its tenants; at no additional cost to the IANR. XXX)00(.15 COMMUNICATIONS AND SIGNAL LINES. If required, IANR will rearrange its communications and signal lines, grade crossing warning devices, train signals and tracks, and facilities that are in use and maintained by IANR's forces in connection with its operation at the expense of the Contracting Authority. This work will be performed by the IANR and it is not a part of the contract. XXXXXX.16 FIBER OPTIC CABLE SYSTEMS. Fiber optic cable systems may be buried on the IANR's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. The Contractor shall contact the IANR to determine if fiber optic cable is buried anywhere on the IANR's Crossing Area to be used by the Contractor. If ii is, the Contractor shall telephone the telecommunications company involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the IANR's Crossing Area. In addition to the liability terms elsewhere in this specification, the Contractor shall indemnify and hold harmless the IANR against and from all cost, liability, and expense whatsoever (including, without limitation, attorneys fees, court costs, and expenses) arising out of or in any way contributed to by any act or omission of the Contractor, agents, or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on IANR's property, and (2) any injury to or death of any person employed by or on behalf of any telecommunications company, its contractor, agents, or employees, on IANR's property in the crossing area. The Contractor shall not have or seek recourse against IANR for any claim or cause of action for alleged loss of profits, revenue, loss of service, or other consequential damage to a telecommunication company using IANR's property or a customer or user of services of the fiber optic cable on IANR's property. Page 471 of 529 SP- XXXXXX. Page 8 of 10 X)0000(.17 COOPERATION. The IANR will cooperate with the Contractor so that work may be conducted in an efficient manner, and will cooperate with the Contractor in enabling use of IANR's ROW in performing the work. )0XXXXX.18 WAIVER OF BREACH. The waiver by the IANR of the breach of any condition, covenant, or specification herein contained to be kept, observed and performed by the Contractor shall in no way impair the right of the IANR to avail itself of any subsequent breach thereof. XXX)00(.19 RAILROAD FLAGGING. A. Flagging and Notification. The Contractor shall notify the IANR and Engineer at least 15 working days in advance of the commencement of work and at least ten working days in advance of proposed performance of any work by the Contractor in which any person or equipment will be within 25 feet of any track, or near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any track. This notice shall include the following: • Project Number • Contractor's name • Date flagging is needed • Location of flagging services to be provided • Duration of flagging No work shall be performed, and no person, equipment, machinery, tools, materials, vehicles, or things shall be located, operated, placed, or stored within 25 feet of any of IANR's track at any time, for any reason, unless and until a railroad flagger is provided to watch for trains. B. Upon receipt of such 10 day notice, the IANR will determine and inform the Contractor whether a flagger need be present and whether the Contractor need implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by the IANR, such services will be provided at Contractor's expense with the understanding that if the IANR provides any flagging or other services, the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. The Contractor shall pay the IANR all charges connected with such services within 30 calendar days after presentation of a bill. Work performed without proper flagging services, when required, will be subject to a $5,000 per day price adjustment. The Contractor shall provide the IANR a minimum of 2 working days notice prior to the completion of work for which the flagging services were requested. Flagger Rate of Pay. (a) Company flagman is provided to watch for trains. All expenses connected with the furnishing of said flagman shall be at the sole cost and expense of the Contractor, who shall promptly pay to Iowa Northern Railway Company all charges connected therewith, within 30 days after presentation of a bill therefore. (b) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight - hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in Page 472 of 529 SP- XXXXXX. Page 9 of 10 effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. The current rates for a flagger are: 1) $1,000/day for an 8 hour day. 2) Overtime rate shall be $187.50/hour after 8 hours worked (c) Wage rates are subject to change, at any time, by law or by agreement between the Railroad and its employees, and may be retroactive as a result of a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, the Contractor shall pay on the basis of the new rates and charges. (d) Reimbursement to Iowa Northern Railway Company will be required covering the full eight - hour day during which any flagman is furnished. (e) Arrangements for flagging are to be made at least 10 days in advance of commencing work upon the Licensed Property. Reimbursement to the IANR. Reimbursement to the IANR, by the Contractor, shall cover the full 8 hour day during which any flagger is furnished, unless they can be assigned to other IANR work during a portion of such day. Reimbursement will not be required for the portion of the day during which the flagger is engaged in other IANR work. Reimbursement will also be required for any day not actually worked by said flagger following assignment to work on the project for which the IANR is required to pay the flagger and which could not reasonably be avoided by the IANR by assignment of such flagger to other work, even though the Contractor may not be working during such time. In the event the Contractor fails to reimburse the IANR, the Contracting Authority will reimburse the IANR within 30 calendar days of the Contractor defaulting on the payment (default is defined as non-payment within 30 calendar days of final billing by the IANR to the Contractor). Failure of the Contractor to reimburse the IANR may result in a reduction or suspension of the Contractors bidding qualifications according to Article 1102.03 of the Standard Specifications. Documentation and Reimbursement to the Contractor. The Contractor shall initially pay IANR invoices for all flagging costs in conjunction with railroad flaggers when any of the conditions identified in Article SP-XXXXXX.04, warrant a flagger. The Contracting Authority will reimburse the Contractor for any daily cost that exceeds $1,000.00 per day for the cost of flagger services provided by the IANR. The Contracting Authority will reimburse the Contractor 100% of the total cost of flagger services, as deemed necessary by the IANR, that does not meet any of the conditions identified in Article SP-XXXXXX.04, unless the flagger's presence on the project was a result of the Contractor's communication, or lack of communication, with the IANR. The Contracting Authority will reimburse the Contractor following completion of all work necessitating flagging operations by the IANR and receipt of documentation verifying the IANR invoices have been paid. For each day that railroad flaggers have been provided, the Contractor shall document daily the conditions on the project site that warrant the flagger. The Contractor shall submit the daily records to the Engineer each week. The Engineer will review the daily logs and promptly notify the Contractor if any information in the daily log is believed to be incorrect. The Contractor shall forward copies of the invoices received from the IANR for flaggers and a summary of the flagging costs incurred that exceed the Contactors' requirements described in Article SP-XXXXXX.04, to the Engineer with a request for payment for the additional railroad flagger costs. The Engineer will review the Contractor's daily logs against the IANR's invoice and make payment for the eligible costs in accordance with Article 1109.03, of the Standard Specifications. Page 473 of 529 SP- XXXXXX. Page 10 of 10 The Contractor shall be responsible to the IANR for all flagging costs. Flagging costs for subcontracted work shall be the responsibility of the Contractor. Reimbursement from subcontractors to the Contractor shall be the sole responsibility of the Contractor. The Contractor shall forward, to the Engineer, copies of payments made to the IANR for flagging costs. XXXXXX.20 TEMPORARY CROSSINGS. At other than established public road crossings, the Contractor shall not move any equipment or materials across the IANR's tracks until written permission has been obtained from the IANR. If the Contractor requires a temporary railroad crossing the Contractor shall arrange for the crossing installation at a mutually acceptable location at the Contractor's expense to include all IANR costs of installation, maintenance, removal, and track restoration. The temporary crossing shall be gated and locked at all times when not required for use by the Contractor. Flagging will always be required during use of a temporary crossing. The billing, Contractor payment provisions, and final Contractor payment requirements for crossing costs except flagging are to be covered as agreed to in a separate agreement between the Contractor and IANR. Prior notice of need for a temporary crossing needs to allow for IANR site review, cost estimating, securing material, and work crew scheduling and will vary. The Contractor should contact the IANR prior to making a bid when a temporary crossing is required. XX00O0(.21 LIMITATION OF RIGHTS GRANTED. The Contract, any Temporary Easement, and Permanent Easement are all subject to the prior and continuing right and obligation of the IANR to use and maintain its property, not inconsistent with highway purposes, including the right and power of the IANR to construct, maintain, repair, renew, use, operate, change, modify, or relocate IANR tracks, roadways, signal, communication, fiber optics, or other wirelines, be freely done at any time or times by the IANR, not inconsistent with highway purposes and at IANR's sole cost and expense. The Contract, Temporary Construction Easement, and Permanent Easement, whether recorded or unrecorded, are subject to all outstanding rights (including those in favor of licensees and lessees of the IANR's property, and others) and the right of the IANR to renew and extend the same, and is made without covenant of title or for quiet enjoyment. XXXXXX.22 MECHANICS' LIENS. The Contractor shall not permit or suffer any mechanic's or material supplier's liens of any kind or nature to be enforced against any property of the IANR for any work performed. The Contractor shall indemnify and hold harmless the IANR from and against any liens, claims, demands, costs, or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. It is understood that this specification may be recorded in the county in which the work is to be performed and such recording shall serve as public notice that no Contractor, subcontractor, or material supplier shall file any notice of a mechanic's or material supplier's lien or permit or suffer any mechanic's lien or material supplier's lien on the property of the IANR to the extent permitted by law. XXXXXX.23 METHOD OF MEASUREMENT AND BASIS OF PAYMENT. Railroad Protective Liability Insurance for Iowa Northern Railway Company shall be paid for as a Lump Sum bid item. The Contractor will be paid the Lump Sum bid item price within 30 calendar days after receipt of a signed contract, provided that all necessary certificates of insurance have been submitted to the Department per Article SP- XXXXXX.05. Page 474 of 529 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE February 3, 2025 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Entrust, of Warrenville, Illinois, in the amount of $1,572,216.00, in conjunction with the FY 2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This is for project management/inspection services for the fiber design build. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 475 of 529 1. 2572004.00 - Waterloo - PM_CM_CI Engineering Support - 2025 - EN Engineering (003) Page 476 of 529 E ENGINEERING Contact: Michael Regan Project Manager mregan(a�entrustsol.com 28100 Torch Parkway Suite 400 Warrenville, IL 60555 Project Management, Construction Management an Inspections, and Engin - - ' • Support Services 2O25'-- -000-r Prepared for: ity of Waterloo., Proposal Number`25720C4.61 September 27 �. September 27, 2024 City of Waterloo RE: PM/CM/CI and Engineering Dear, Mayor Hart On behalf of ENTRUST and Courtney Violette, thank you for allowing EN Engineering, LLC (EN) the opportunity to present you with this proposal. EN is committed to providing high quality and cost- effective engineering and design services that will ensure Waterloo's projects are successfully implemented. Our technical experts, engineers, designers and drafting professionals have developed strong working -relationships with the City of Waterloo. We are confident that EN's expertise will result in another successful project for the City. We appreciate this opportunity to provide a proposal and look forward to meeting with your team to further discuss our proposal in more detail. Should you have any questions or require any additional information, please contact Courtney Violette at 386-931-3520 cviolette@entrustsol.com. Sincerely, Courtney Violette Senior Vice President EN Communications Page 12 INN Page 478 of 529 EN Communications Project Team Scott Bowles BIOS Mark Lane Cole Nenkle 0 James }Mike) Hawkins • Michael Began Gene Allred e Jeremy Alexander • Melissa Johnston Dave Arrigo June Pranger Nicholas Beranek Jeremy Sorenson • Warren Lyon Mike Hawkins, Vice President Communications Mr. Hawkins is an experienced senior -level executive with over 37 years of leadership management shepherding teams of direct and indirect reports (exempt and non-exempt). He is experienced in leading multi -disciplinary teams that are local as well as geographically distributed. Over his tenure of 37 years, he has become knowledgeable and practiced in; business development, staffing, operations, customer service, vendor/subcontractor management, contract origination and implementation, and merger and acquisitions among other skillsets. Mr. Hawkins is also experienced and comfortable in developing material/metrics and presenting to "C-Level" executive audiences, corporate Boards, and city/town councils etc. Warren Lyon, Director of PMO With more than 20 years of experience in the broadband telecommunications sector, including operations, project management, fiber optic network design, installation, servicing, and construction. Warren has overseen a number of initiatives that have fundamentally changed how we connect and communicate in his capacity as Director of Implementation. From promoting innovative technologies like fiber optics and 5G to extending high-speed internet access to neglected rural areas. Warren has participated in national initiatives where he has met client requirements. He finds cost -saving opportunities and puts cost saving measures into practice for the clients. Page 13 KPage of 529 Warren continues to be a driving force behind the successful execution of broadband initiatives that transform communities and enhance connectivity. His exceptional leadership, project management acumen, and unwavering dedication make them an instrumental figure in the world of broadband infrastructure development. Warren holds an MBA in Business Management from the University of Phoenix. Michael Regan, Project Manager Michael joins EN Communications Broadband bringing in 29 years of experience in the Telecommunications and Software Industries. Over that time, he has managed integration projects and cost reduction initiatives that transformed evolving networks. He is a results -driven professional who has led growth, innovation and change in the competitive and services industries. Proven track record of optimizing program performance and customer satisfaction. His philosophy in the professional space is focused around his personal drive, integrity, effective communication skills and results -based performance. He earned his bachelor's degree in Mathematical Sciences from Northern Illinois University. Cole Henkle, Vice President of Design and Engineering Cole has a decade of experience managing large broadband designs. He manages the full life cycle of engineering projects from inception to completion, managing all permitting activities and personnel in local and remote locations. He has direct experience working with major carriers, municipalities and regional governments on regional fiber and broadband deployments across the US, some of which include Google Fiber, Verizon and the Cities of Boulder, CO, Chesapeake, VA, Portsmouth, VA, and Ann Arbor, MI. Gene Allred, Director of Construction Joining the USAF was Gene's introduction to the communications industry. From Airbase Operator to encryption and decryption of documents Gene has thrived in the communications industry. After the USAF, Gene joined forces with AT&T Telecommunications. Moving from Local 911 Operator, Resident and Business Tech, Pay Phone Tech to Construction Manager. Gene chaired the Quality of Life Committee for labor and management relations. Employee of the month seven times while on the Resident side. Gene has also worn many hats during his time at Vantage Point Solutions. Senior Inspector/Resident to Construction Manager and convergent thinker. Mark Lane, Senior Broadband Consultant Has over 30 years of experience in enterprise IT, carrier network operations, and technology consulting. While serving as CTO for Bristol Virginia Utilities OptiNet, he helped provide the strategic direction and practical implementation responsible for their fiber -to -the -premise (FTTP) network build -out and broadband service deployment for eight counties in Southwest, VA. His vision and leadership contributed to Bristol, VA being selected as an Intelligent Community Forum Top 7 Intelligent City in 2009. Mark received a bachelor's in computer science from the University of Tennessee. Scott Bowles, Professional Engineer Mr. Bowles has professional and project management experience in specification, design, electrical and optical systems installation, testing and turn -up. Customer types include electric utilities, municipalities, large industrials and university campus and Tier 2 and 3 telecommunication service providers. Scott has thirty-five years of telecommunication systems experience including B-PON, G-PON, E-PON NGPON, 10GPON, Wi-Fi 102.11 b, g, ac, ax, licensed microwave, DOCSIS 3.0 and Page 14 3.1, data center design, long haul optical fiber deployment, DSO, DS1, T1-MUX, OC-1, OC-3, 0C- 12 and OC-48 SONET, IMUX and JMUX add drop multiplexers and Ethernet. Also, a broad range of electrical power systems engineering experience ranging from 230kV high voltage substations to 480V distribution and industrial manufacturing facilities, with the majority being 138kV to 12kV. Mr. Bowles holds a patent in SCADA systems. Purpose EN Communications is currently contracted to perform PM/CM/CI and Engineering Support Services to support the City and Waterloo Fiber's deployment of the Waterloo Backbone, and Waterloo Fiber Distribution network, and related systems for both. This proposal extends services through 2025. Statement of Work EN Communications proposes continuation of the following SOW: TASK 1 — PROJECT MANAGEMENT EN Communications will continue to provide an experienced Project Manager ("PM") and Project Management Team to oversee all technical and operational tasks required to continue the support of the launch of the Waterloo Fiber network, including both backbone and FTTH components. Additional resources including EN communications' Project Executive, Technical Consultants, and others will be tasked with fulfilling various portions of these tasks throughout the duration of this engagement. Expected tasks include: • Manage and coordinate day-to-day activities of moving the City's network construction as expeditiously as possible following the City's procurement process, contract approval and notice to proceed. • Ensure all Federal Funding contract requirements are included in each procurement where necessary. • Manage Project Capital Expenditure budgets and develop reports as necessary. • Team with Construction Manager and Construction Inspectors to manage the project implementation plan, including tracking to schedule, budget, issues identification and resolution, and risk mitigation. • Provide regular progress reports, and schedule and coordinate all project related calls, as well as ad -hoc vendor/coordination discussions. • Refine and revise the project implementation plan to reflect the OSP buildout schedule and all necessary steps to implement and turn -up the network. • Oversee the relationship with Cedar Falls Utilities (CFU) for wholesale services and operational support, including integration into the 28E agreement(s) for shared video (cable TV) headend, IP transit peering for Internet access, and exploration of collocation and NOC services beneficial to Waterloo Fiber's ongoing operations. • Oversee negotiation of programming, transport, and licensing agreements with NCTC for video service offering. Page 15 Pa IIIIf529 • Work with EN Communications' Subject Matter Experts (SMEs) to create the designs, functional specifications, scopes of work, and RFP's necessary for implementation of Waterloo Fiber including network equipment, operating support systems (OSS), prefabricated shelters, inside plant, service fulfillment, and operational services. EN Communications' SME's will research and advise on all options available to the city specific to each procurement including value -engineering designs, developing Statements of Work (SoW), and validating costs to budget. Our team will deliver customized SOWs for each procurement, recommend the appropriate procurement vehicle, and participate in the procurement process including pre -bid conferences, bidder inquiries, issuing RFP addendums, evaluating bids, making recommendations, and assisting in final negotiations. Project related procurements may include: o Fiber -Optic OSP Construction o Data Center/Building Renovations/Architectural Engineering o Inside Plant (ISP), Power, Environmental, Access Security, etc. o Network Equipment and Software o Wholesale Internet and Transport Services o Voice Services and Video (Cable TV) Components and Integrators o Data Center Colocation and Entrance Facility Options o Fiber -Optic OSP Operations, Maintenance, and Monetization o Service Installation and Activation for Subscribers o Contracted Network Operations Services • Manage design changes, and value engineering opportunities for the fiber-optic network, including coordinating all project approvals/changes, change orders, billing/invoice approvals by vendors, and other project administrative functions. • Work with EN Communications SME's and vendors to ensure that equipment and software are implemented, configured, and tested prior to launch. • Assist in development of job descriptions, interviews, staffing readiness, and suggested workplace environment. • Support Business Operations and Readiness: o Prepare for customer service readiness ("CSR") by determining workflows for all new site order types (e.g. initial installs, changes, trouble handling, etc.) o Assist with billing and accounting setup o Oversee integration of BSS/OSS systems for order management, service provisioning, and subscriber billing Setup processes to interact with O&M vendors for scheduling work orders, adds/moves/changes, and repairs o Test processes prior to production launch • Oversee deployment of the service edge and upstream services including CFU Internet, CFU video, and iMon voice. Page 16 Pa 529 • Develop and oversee acceptance tests of the network and services. • Oversee production launch based on rollout plan with post -rollout review. • Develop maintenance procedures for repair and restoration. Ensure smooth transition to City Operations and City staff. TASK 2: PROJECT ENGINEERING SUPPORT EN Communications proposes to continue providing engineering support for the project during the full construction and deployment effort. There will be numerous requirements for drawings to be revised and modified during the permit process, and to support field changes that may occur in the field. Engineering support will include a design project management resource, additional fielding efforts in the Waterloo market as needed, and ongoing management and oversight from EN Communications' Iowa licensed Professional Engineer ("PE"). TASK 3: CONSTRUCTION MANAGEMENT EN Communications' Construction Manager ("CM") will act as the client liaison to the Outside Plant (OSP Construction Contractors) team and will provide oversight of the client fiber-optic network(s) construction. The CM will review overall compliance to the specifications, assessing Contractor adherence to public works and right of way restrictions, performance of construction activities, and assist in the development of applicable project documentation. Other tasks that will be performed include: • Managing the overall Construction deployment of the Outside Plant (OSP), ensuring schedule management, specification compliance and documentation. • Approving all materials to be used in the job. As applicable. • Act as the main point of contact for selected OSP Contractor, addressing field issues, coordinating daily activities of the Construction Inspectors, assessing compliance with both health and safety requirements and with applicable permits. • Coordinating with the client as applicable on updates with project reporting, construction activities, material access and handling. Coordination with construction vendor, assessing adherence to schedule commitments, tracking completion of open defect items, confirming final completion and delivery. • Review of production installations to specifications. and assisting the client to help manage the project within budget and schedule timelines. TASK 4: CONSTRUCTION INSPECTION EN Communications will provide Construction Inspection ("Cl") services for the client as the network is constructed. EN Communications has assumed at least (2) two construction inspectors to start but may require additional count of inspectors. Our estimates include a single inspector every 4 construction crews as baseline. A construction crew is a collective of individuals with diverse skills and roles, working collaboratively to achieve the goals of a construction project. The size of a construction crew can Page 17 PaIII529 vary widely depending on the scope, complexity, and duration of the project. However, a basic crew typically includes at least a few key members to cover essential roles. A construction crew is a group of workers who collaborate to complete physical construction tasks. Key aspects of their work include: • Drilling • Plowing • Handhole Placement • Pothole Validation • Fiber Placement • Restoration • Splicing • Building Entry • Aerial ADSS Placement • Aerial Strand and Lash Placement • MST Placement • Underground and Aerial Drop Placement These activities are essential for the forward progress of physical construction projects. LIN Communications' construction inspectors will provide oversight to determine compliance with project specifications, safety and permitting requirements. In addition, EN Communications will provide quality review on installation and ground restoration in real time. All field data and information related to changes in the field, redline information will also be acquired and reviewed. In addition to these services, on -site inspection services provide field representation, to assist with oversight of crews in the field. • Field inspection services include the following: Real time inspection services, including compliance and specification review of installations. • Onsite assessment of installed quantities and installation quality assurance. • Review of compliance with safety standards including OSHA, city, county, and state requirements, review compliance of the National Electric Safety Code and permit -specific requirements. • Onsite review of fiber-optic testing (OTDR and power meter) and compliance. • Field level decision -making to minimize crew downtime. • Review accuracy of documentation including red lines, directional bore logs and daily production sheets. Scope Of Work for Project Coordinators Before start of each project • Create Basecamp folders. • Create project documents for inspectors. Page 18 529 • Create project specific tracking documents: dailies, dashboard, production tracker, fiber tracker, and a drop tracker. • Create project specific dashboards. • Create process and procedures for production submittal and invoicing. • Meeting with contractors on tracking process and procedures. After project kick-off (Daily Production) • Review dailies/weekly packages and maps from contractor from original design. • Track approved units on production trackers. • Enter each SEQ number into a fiber tracker. • As -Build approved units on ArcGIS to reflect contractor redlines. • Label Basecamp when all production is complete. • Add all documents into EnTrust SharePoint project folders. Weekly Dashboard for client use • Prepare project specific dashboard for client use. Monthly Invoicing • Call with billing staff to review production total (Bi-Weekly) • Labor/Drop Invoicing -Compare against the production tracker for approval. If any discrepancies the contractor will be notified to review and make revisions. • Review all packing slips/purchase orders against material invoices. • Enter all approved invoices (labor & material) into the consumption trackers/reports. • Material Invoicing -Compare against the BOM. If any discrepancies the contractor will be notified to review and make revisions. • Direct Cost invoices (if applicable) Page 19 Pricing The tasks outlined in the Scope above, will be performed on a monthly fixed price basis, excluding travel expenses that will be billed as incurred on a not -to -exceed basis, and invoiced as follows. Task(s)/Description Cost Task 1: Project Management $30,127 Task 2: Project Engineering Support $6,025 Task 3: Construction Management (Includes 1 in market Construction Manager/Inspector) $36,153 Task 4: Construction Inspection (Includes 2 in market Construction Inspectors) (1 inspector per 4 construction crews) (Each contractor requires one inspector if multiple contractors) $51,794' Monthly Total $124,099 Estimated Monthly Travel Expenses (billed as incurred) $6,919 Monthly Total $131,018 1 Additional inspectors billed at $24,678 per month. Page 110 Estimated Schedule Our proposed schedule for 2025 is as follows: Table 1 - Services Jan 2025 - Dec 2025 Billing Month/Year (Month #) Desc. PM PE CM CI Expenses Monthly Total January 2025 (Month 1) Month $30,127 $6,025 $36,153 $51,794 $6,919 $131,018 February 2025 (Month 2) Month $30,127 $6,025 $36,153 $51,794 $6,919 $131,018 March 2025 (Month 3) Month $30,127 $6,025 $36,153 $51,794 $6,919 $131,018 April 2025 (Month 4) Month $30,127 $6,025 $36,153 $51,794 $6,919 $131,018 May 2025 (Month 5) Month $30,127 $6,025 $36,153 $51,794 $6,919 $131,018 June 2025 (Month 6) Month $30,127 $6,025 $36,153 $51,794 $6,919 $131,018 July 2025 (Month 7) Month $30,127 $6,025 $36,153 $51,794 $6,919 $131,018 August 2025 (Month 8) Month $30,127 $6,025 $36,153 $51,794 $6,919 $131,018 September 2025 (Month 9) Month $30,127 $6,025 $36,153 $51,794 $6,919 $131,018 October 2025 (Month 10) Month $30,127 $6,025 $36,153 $51,794 $6,919 $131,018 November 2025 (Month 11) Month $30,127 $6,025 $36,153 $51,794 $6,919 $131,018 December 2025 (Month 12) Month $30,127 $6,025 $36,153 $51,794 $6,919 $131,018 Cost Estimates through December 2025 $1,572,216 Request for Assumption Agreement Page 111 E Page 487 of 529 ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement ("Agreement") is entered into as of 12th of December 2024 (the "Effective Date") by and among City of Waterloo, whose offices are located at s 715 Mulberry Street, Waterloo, IA 50703, Magellan Advisors, LLC a Florida limited liability company, whose offices are located 999 18th St. Suite 3000, Denver CO 80202 ("Magellan"), and EN Engineering, LLC, a Delaware limited liability company having an address of 28100 Torch Parkway, Warrenville, Illinois 60555 ("ENE"). The parties shall be collectively referred to hereinafter as the "Parties" or individually as a "Party". WHEREAS, City of Waterloo and Magellan entered into a Consulting Service Agreement, dated October 24, 2019 ("Agreement"), a copy of which is attached as Exhibit A, pursuant to which City of Waterloo and Magellan agreed that Magellan would perform certain work and services as requested through certain task orders issued by City of Waterloo to Magellan ("Work Orders") pursuant to the Agreement; WHEREAS, Magellan desires to convey, assign and transfer the Agreement and all existing Task Orders to ENE, as well as have all future Task Orders under the Agreement issued to ENE as further set forth herein; and WHEREAS, ENE desires to assume all obligations and duties associated with the Task Orders and Agreement; NOW, THEREFORE, for and in consideration of the covenants, terms, provisions and conditions hereinafter set forth, the Parties agree as follows: 1. Magellan hereby transfers, assigns, grants, conveys and delivers all of its rights, title and interest in the Subcontract and Task Orders unto ENE to have and to hold forever. ENE hereby accepts and assumes all of Magellan's duties and obligations under the Agreement for the respective work and services assumed, as stated herein. ENE agrees to perform, and discharge, as and when due, all of the obligations of Magellan under the Agreement for the respective work and services assumed, as stated herein, and in all Task Orders issued to ENE accruing on and after the Assignment Effective Date. City of Waterloo hereby consents to the same pursuant to the existing Agreement. 2. Both ENE and City of Waterloo hereby accept and assume all of the respective past, present and future obligations, duties, losses and liabilities arising under the Task Orders and Agreement, in accordance with the terms and conditions of the Agreement. 3. From and after the Effective Date, City of Waterloo consents to the assignment of the Agreement to ENE pursuant to the continuation of the terms of the Agreement and the terms hereof, including but not limited to the issuance of all future Task Orders under the Agreement to ENE. Page 488 of 529 4. No amendment of any provision of this Assignment shall be valid unless the same shall be in writing and signed by the parties hereto or their permitted successors or assigns. 5. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns. This Agreement may not be amended except by an instrument in writing authorized and signed by the Parties. This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all of such counterparts shall constitute for all purposes one agreement. Signed counterparts of this Assignment may be delivered by scanned pdf image; provided that each party uses reasonable efforts to deliver to each other party original signed counterparts as soon as reasonably practicable thereafter. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. City of Waterloo By: Name: Title: Magellan Advisors, LLC By: Name: Title: EN Engineering, LLC By: Name: Title: 2 Page 489 of 529 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving a request by the City of Waterloo for the corrective Final Plat of North Crossing Fourth Addition and a First Amendment to the Owner's Statement and Deed of Dedication, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo previously approved the Final Plat and related documents, creating a 14 lot commercial development. The property is located south of 300 Ralston Road, and will provide for future commercial development. There was an error in the plat including a small area that is right-of- way for US Highway 63, owned by the State of Iowa. These corrective documents will remove that area and correct the boundaries and legals of the effected lot and tract. The final plat consists of 14 commercial lots and three tracts of land, containing a total of 29.64 acres of land. A future site plan amendment will be required as part of this request, as the area is zoned "C- P" Planned Commercial District. The plat does not include building setback lines which will be determined through plan review. There are 14 commercial lots shown on the plat that range in size from 0.77 acres to 4.22 acres. Tract D is 0.86 acres, and Tract E is 4.43 acres, and Tract F is 0.41 acres. This development will provide additional economic development opportunities for the City in support of Comprehensive Plan Economic Development Goal #4: "Look to vacant and underutilized properties for a creative and diverse configuration of repurposed uses." This site is north of a former gray field site that once contained an empty and dilapidated strip mall. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood or land use. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 490 of 529 COMMUNITY ENGAGEMENT METHODS The item was recommend for approval by the Planning, Programming, and Zoning Commission at their December 12, 2023 meeting. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION North Crossing Fourth Addition, located in Part of Lot 1 Menard-Logan Plaza Minor Plat, Part of Lot 1, North Crossing Second Addition and Part of the West Half of the Southwest Quarter, all in Section 12, Township 89 North, Range 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa, and more particularly described as follows: Commencing at the West Quarter Corner of said Section; Thence South 00°49'42" East, 288.83 feet along the West Line of said Quarter Section to the Westerly Extension of the South Right -of -Way Line of Ralston Road; Thence South 89°58'10" East, 100.00 feet along said Westerly Extension to the Intersection of the East Right -of -Way Line of U.S. Highway 63 (Logan Avenue) and the South Right -of -Way Line of Ralston Road and the Point of Beginning; Thence continuing South 89°58'10" East, 519.04 feet along said South Right -of -Way Line to the Northwest Corner of Parcel D, as recorded in Document #2003-05489, on file in the Black Hawk County Recorder's Office, Waterloo, Iowa; Thence South 00°55'36" East, 259.74 feet along the West Line of said Parcel D to the Southwest Corner thereof; Thence South 89°57'15" East, 680.03 feet along the South Line of said Parcel D to the Southeast Corner thereof and the West Right -of -Way Line of East Fourth Street; Thence South 00°56'11" East, 767.60 feet along said West Right -of -Way Line to the South Line of Northwest Quarter of the Southwest Quarter of said Section; Thence South 00°53'47" East, 202.86 feet along said West Right -of -Way Line; Thence South 89°38'50" West, 913.98 feet; Thence South 00°49'20" East, 50.80 feet; Thence Southeasterly 30.18 feet along a 170.00 foot Radius Curve, Concave Northeasterly (said Curve having a long chord of South 05°54'29" East, 30.14 feet); Thence South 79°00'22" West, 60.00 feet; Thence Northwesterly 35.59 feet along a 230.00 foot Radius Curve, Concave Northeasterly (said Curve having a long chord of North 06°33'38" West, 35.56 feet); Thence North 46°00'04" West, 14.18 feet; Thence South 89°09'42" West, 53.17 feet to the East Line of Lot 2, Logan Plaza First Addition; Thence North 00°51'00" West, 10.00 feet along the East Line of said Lot 2 to the Northeast Corner thereof; Thence South 89°09'42" West, 163.93 feet along the North Line of said Lot 2 to the Northwest Corner thereof; Thence South 00°49'42" East, 148.59 feet along the West Line of said Lot 2 to the Southwest Corner thereof; Thence South 89°10'44" West, 20.80 feet along the Westerly Extension of the South Line of said Lot 2; Thence North 00°49'42" West, 389.92 feet to the North Line of the Southwest Quarter of the Southwest Quarter of said Section; Thence North 89°38'25" East, 20.80 feet along said North Line to the Northwest Corner of Lot 3, Page 491 of 529 Logan Plaza First Addition; Thence South 00°49'42" East, 211.16 feet along the West Line of said Lot 3 to the Southwest Corner thereof; Thence North 89°09'42" East, 227.11 feet along the South Line of said Lot 3 to the Southeast Corner thereof; Thence North 00°49'20" West, 209.26 feet along the East Line of said Lot 3 to the Northeast Corner thereof, also to the North Line of the Southwest Quarter of the Southwest Quarter of said Section; Thence South 89°38'25" West, 197.14 feet along said North Lines to the East Right -of -Way Line of U.S. Highway 63 (Logan Avenue); Thence North 00°49'42" West, 16.00 feet; Thence South 89°38'25" West, 5.00 feet; Thence North 00°49'42" West, 120.00 feet; Thence South 89°38'25" West, 55.00 feet; Thence North 02°22'07" East, 538.01 feet; Thence North 00°49'42" West, 362.25 feet all along said East Right -of -Way to the Point of Beginning. Containing 29.47 Acre(s), subject to any easements recorded or unrecorded. ATTACHMENTS 1 NC 4th corrective 2. SURVEYOR'S CERTIFICATE 4th Addtion - Corrective 3. NC 4th Affidavit 4. NC 4th DoD first amendment Page 492 of 529 Index Legend Prepared by & Returned to: Isaiah M. Reicks, PLS 22468 HRS, LLC - 2206 East Bremer Avenue, Waverly IA 50677 Proprietor: City of Waterloo & North Crossing, LLC Requested By: City of Waterloo County: Black Hawk Section(s)-Township-Range: 12-T89N-R13W Aliquot Part(s): W 1/2 - SW 1/4 City: Waterloo Subdivision: North Crossing Fourth Addition MICHAEL AVE W DONALD ST W DALE ST SABRINA CIR ST CROIX DR VOLD DR c L) v W LOUISE ST Corrective Final Plat North Crossing Fourth Addition, City of Waterloo, Black Hawk County, Iowa. LOWDER E AIRLINE HWY Survey Location RALSTON LAKESIDE KEYSTONE Basis of Bearing: The Coordinate Basis for this survey and the subsequent Basis of Bearing is the Iowa State Plane Coordinate System North Zone (1401), Horizontal Control NAD 83 (2007), Vertical Control NAVD88 (Geoid 03). Control was acquired by localizing into the Black Hawk County GPS Control System utilizing points 119, 122, 123, 133, 135 & 170 and projecting from the cross of 119-135 and 133-170. Scale factor 1.0000905140 applied. Projection Point: Northing = 3,661,997.08' Easting = 5,240,996.83' Notes: See Sheet 1 for Location Map. See Sheet 2 for Section Control. See Sheet 3 for Survey Details See Sheet 4 Legal Description. Map Not to Scale Map Courtesy of the Iowa Department of Transportation http://www.iowadot.gov/maps/ Property Pins to be set within 1 year of recording FB: Black Hawk 10, Pgs. 61-64 Project Number: 2021-535 Sheet: 1 DALE LOUISE Owners: City of Waterloo North Crossing, LLC Developer: Noel Anderson City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Enqineer: Robinson Engineering 819 Second Street NE Independence, Iowa 50644 Surveyor's Note: This Corrective Final Plat is to supersede the one recorded April 17, 2024, as Document #2024-00012798, on file in the Black Hawk County Recorder's Office, Waterloo, Iowa. An error was discovered near the West End of Heath Street, where it intersects the East Right -of -Way Line of U.S. Highway 63 (Logan Avenue). There was a tract of land that the IDOT acquired for Right -of -Way purposes, and the subdivision boundary inadvertently did not exclude it. New Hampton Waverly Clear Lake 641-394-2725 319-483-5187 641-231-8092 www.hrsurveying.com DONALD ST LEGEND . = Section Corner Found A= Section Corner Set Q = Set 5/8" 0 Rebar w/YPC PLS 22468 * = Fd. 1/2" 0 Rebar w/YPC PLS 8033 • = Fd. 1/2"0 Rebar 0 = Calculated Position = Survey Boundary Line RPC,YPC,OPC,BPC = Red, Yellow, Orange, Blue Plastic Cap (0.00') = Recorded Dimension I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. The unadjusted error of closure does not exceed 1:10,000 for the subdivision boundary and does not exceed 1:5,000 for any individual lot. Isaiah M. Reicks License Number 22468 My license renewal date is December 31, 2025. Sheets covered by this seal: 1-4 Page 493 of 529 File: I:\Projects - WO\County Control Systems\WO\BLACK HAWK\BHCO-13\BHCO-13-2024.dwg, 1/28/2025 12:19:04 PM West 1/4 Corner Section 12-89-13 Fd. Survey Mark Nail w/Stainless Steel Washer PLS 22293 Rec. Doc. #2020-00020855 a) 0 M 0 vi ./ Ln 64.00' ROW N N N CC • 0 o, N 0 O z Corrective Final Plat North Crossing Fourth Addition, City of Waterloo, Black Hawk County, Iowa. N 89°56'19" E 1331.46' NE Corner NW 1/4-SW 1/4 Section 12-89-13 Fd. 1 "0 Pinched Pipe Rec. Doc. #2018-18271 1/4 Section Line Point of Commencement Point of Beginning North Crossing Fourth Addition - 66.00'ROW 212.17' 10.00' Utility Easement (Typ.) S 45°23'56" E 14.25' in Lot 11 ▪ Total Area: 1.51 Acres rsi 100.00' (65,811 Sq. Ft.) 30.00' Storm i4 Sewer Easement m ROW /0 0 0 0 - N 00 co 01 w 0 N N o to N ZCO csi • N 89°10'18" E 222.14' S 89°58'10" E N co 0 S 89°58'10" E Lot 12 • Total Area: 0.77 Acre f! (33,477 Sq. Ft.) Z N 89°10'18" E I 216.94' Olivia Street 60.00' 0_ o O N 0 / Z U tr O 0 0 O 0 U 0 220.29' N 89°10'18" E Lot 13 Total Area: 1.36 Acres (59,357 Sq. Ft.) 10.00' Utility Easement (Typ.) S 89°38'50" W 237.62' Lot 14 Total Area: 0.80 Acre (34,826 Sq. Ft.) Heath Street m O Tract B See Sheet 3 for Details Buckhart Street ciV SW Corner Section 12-89-13 Calculated Position, Falls in Manhole Rec. Doc. #2018-00018274 W M O 90.01' 519.04' \ Ralston Road 1332.98' 1299.04' 70.00' 1 m L O 3 ▪ o Uui a` Fg a 0 h Cr, 216.86' N 44°36'04" E 14.04' Lot 10 Total Area: 1.52 Acres (66,274 Sq. Ft.) 30.00' Storm Sewer Easement N 89°10'18" E 227.34' 0 680.00' 33.00' kg9 Qat 1003,05 Doc Rec' S 89°57'15" E 680.03' (680.00') 713.04' (712.95') \ 0 Ln Road PI - UPI 259.92' (260.00') N 0 '41 a, I\ 0 w 0 z Co I I 0 Ln / v I,--1 z. i.i- Lot 9 Total Area: 0.82 Acre (35,911 Sq. Ft.) N 89°10'18" E 227.61' co 1 w7 It �� IN v o r • �� 227.85' N v Cr 71- l0 O 0 Z L-n-, I/ Lot 8 Total Area: 0.75 Acre (32,536 Sq. Ft.) 142.87' 0 Tract E 10.00' Total Area: 0.86 Acre (37,402 Sq. Ft.) Ingress/Egress Easement -S 89°57'15" E- Existing 60.00' Sanitary & Lot 4 - Storm Sewer Easement Bk. 1, Pgs. 427-429 Total Area: 4.22 Acres (183,947 Sq. Ft.) N North Crossing Fourth Addition 35.00' Total Area: 29.47 Acres N 89°03'44" E 339.00' 0 7 \ /u, -680.04'- - • 0 T / I �I�J 680.00' 341.00' Lot 7 Total Area: 0.82 Acre (35,658 Sq. Ft.) 227.85' N 89°10'18" E Lot 6 Total Area: 0.81 Acre (35,434 Sq. Ft.) i 218.48' 0 7 0 0 v 0, \ 35.00' Lot 5 Total Area: 2.44 Acres (106,123 Sq. Ft.) 335.84' See Sheet 3 for Details 00 r{J� v d� m in0 oo f 0) Existing 4.00' Gas and Electrical Easement Misc. Bk. 116, Pg. 341 KogtE CrrocAng Second AddMon N 89°18'52" E 75' 0 S 89°38'50" W S 89°38'50" W 448.17' N 6 M 0 N z lJ Tract A Total Area: 4.37 Acres (190,736 Sq. Ft.) - 70.00' ROW 1/4-1/4 Section Line S 89°38'25" W Lot 1 Total Area: 2.75 Acres (119,642 Sq. Ft) 15.00' Storm Sewer & Drainage Easement 60.00' 973.73' 461.12' II t S 89°38'50" W 35.00' - II II yll II II II II II II 0 Lap S 0°21'10" E 70.00' Storm Sewer & Drainage Easement Lot 3 Total Area: 2.50 Acres (108,900 Sq. Ft.) N 44°21'20" E 14.07' 10.00' Utility Easement (Typ.) 334.24' (304.24') 888.56' 888.53' 440.36' 10.00' Utility Easement (Typ.) / 913.98' Phillip Caldwell Drive (future) Pdd�r�a ;c\ Gto�.e e ''�o� Kora Crosdng Add uiuoo Section Line East Donald Street 75' 150' 300' Scale - 1 inch = 150 ft. 1333.87' S 45°38'43" E 14.21' Lot 2 Total Area: 2.70 Acres (117,825 Sq. Ft.) 35.00' Storm Sewer & Drainage Easement Herod - Reicks Surveying, 2206 East Brerrer Avenue, Waver y, IA 50677, Ph. 38-483-587 452.86' 946.98' 1 Ham Flex IDi1 1335.40' 4I V 0 N 0 0 O 0 1-1 40 33.00' ROW 0 East 4th Street 33.00' ROW cl c oI CU U) I ti \I ZO I� w I� M I0 0 Il -�C• SE Corner SW 1/4-SW 1/4 Section 12-89-13 Fd. 1 "0 Bronze Survey Marker PLS 22468 Rec. Doc. #2018-18273 Project Number: 2021-535 Sheet: 2 KLR File: I:\Projects - WO\County Control Systems\WO\BLACK HAWK\BHCO-13\BHCO-13-2024.dwg, 1/28/2025 12:19:54 PM Page 494 of 529 Corrective Final Plat Section Line North Crossing Fourth Addition, City of Waterloo, Black Hawk County, Iowa. L 41.63 70.00' T - v - v 55.00' S 89°38'25" W 125.00' o v 0 0 N M 16.00' U.S. Highway 63 (Logan Avenue) 136.00' 125.00' S 89°38'25" W 5.00' 130.00' 0 O 0 z Lot 14 10.00' Utility Easement (Typ.) 7.71' 5 89°38'50" W 0 0 70.00 ROW Heath Street N 89°38'50" E 187.07' 10.00' Utility Easement l 187.23' 0 NI r _79.20'_ - _ - -N 89°38'25" E - t - NW Corner I SW 1/4-SW 1/4 Section 12-89-13 Set 1 "0 Bronze Survey Marker PLS 22468 20.80' Utility Easement \ / 79.20' N 0°49'42" W 16.00' Tract B Total Area: 0.26 Acre (11,361 Sq. Ft.) Existing 12.00' Utility Access Easement Rec. Doc #200500002079 192.14' ► ' }3000' 19714'- ------ - rn N M . oo 0� 20.80' S 89°10'44" W S 0°49'42" E 5.00' I P Phillip Caldwell Drive 70.00' ROW 20.00' v ----------- __ 327.14'------�-----�1-=- 65.00' ROW �� Existing 4.00' Gas and Electrical Easement 1 y Misc. Bk. 116, Pg. 341 Existing 8.00' Utility Easement as shown on Final Plat of Logan Plaza First Addition Existing 15.00' Utility Easement as shown on Final Plat of Logan Plaza First Addition 30.00' ROW 0 v 0 0 -4 W O 0 40.00' ROW - N 89°09'42" E 227.11' (227.16') o Buckhart o Street (Existing Ingress -Egress & Utility Easement) 1 5 89°09'42" W 163.93' (163.98') \ Ta'664 Q Logan Nam RpSfl G°andMo0 Existing 8.00' Utility Easement as shown on Final Plat of Logan Plaza First Addition i;r; Existing 15.00' Utility Easement l0 as shown on Final Plat of Logan Plaza First Addition z 25' 0 164.00' 264.00' 25' 50' 100' Scale - 1 inch = 50 ft. 53.17' S 89°09'42" W Delta: 8°52'00" Length: 35.59' Radius: 230.00' Tangent: 17.83' F Chord Bearing: N 6°33'38" W in Chord: 35.56' o H 0 0 0 N O 0 0 v 0 z 0 \,0' Ooc260 �ec•001 *200 dot ooc.OA19 ec,000� O20 S 0°49'20" E VD V • o l0 N 0 0' 0. -M W® O \ 0 60.00 „ W 5 79°00 22 Herod - Reicks Surveying, 2206 East Brerrer Avenue, Waver y, IA 50677, Ph. 38-483-587 0 L1/4-1/4 Section Line 10.00' Utility Easement Existing Storm Water Easement _ _ _ Bk.14, Pg. 238 Parcel 3 (110' x 75') Lot 1 I 0 oo 0 'I Delta: 10°10'18" Length: 30.18' Radius: 170.00' Tangent: 15.13' Chord Bearing: S 5°54'29" E Chord: 30.14' Project Number: 2021-535 Sheet: 3 KLR File: I:\Projects - WO\County Control Systems\WO\BLACK HAWK\BHCO-13\BHCO-13-2024.dwg, 1/28/2025 12:20:16 PM Page 495 of 529 Corrective Final Plat North Crossing Fourth Addition, City of Waterloo, Black Hawk County, Iowa. Legal Description: North Crossing Fourth Addition, located in Part of Lot 1 Menard-Logan Plaza Minor Plat, Part of Lot 1, North Crossing Second Addition and Part of the West Half of the Southwest Quarter, all in Section 12, Township 89 North, Range 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa, and more particularly described as follows: Commencing at the West Quarter Corner of said Section; Thence South 00°49'42" East, 288.83 feet along the West Line of said Quarter Section to the Westerly Extension of the South Right -of -Way Line of Ralston Road; Thence South 89°58'10" East, 100.00 feet along said Westerly Extension to the Intersection of the East Right -of -Way Line of U.S. Highway 63 (Logan Avenue) and the South Right -of -Way Line of Ralston Road and the Point of Beginning; Thence continuing South 89°58'10" East, 519.04 feet along said South Right -of -Way Line to the Northwest Corner of Parcel D, as recorded in Document #2003-05489, on file in the Black Hawk County Recorder's Office, Waterloo, Iowa; Thence South 00°55'36" East, 259.74 feet along the West Line of said Parcel D to the Southwest Corner thereof; Thence South 89°57'15" East, 680.03 feet along the South Line of said Parcel D to the Southeast Corner thereof and the West Right -of -Way Line of East Fourth Street; Thence South 00°56'11" East, 767.60 feet along said West Right -of -Way Line to the South Line of Northwest Quarter of the Southwest Quarter of said Section; Thence South 00°53'47" East, 202.86 feet along said West Right -of -Way Line; Thence South 89°38'50" West, 913.98 feet; Thence South 00°49'20" East, 50.80 feet; Thence Southeasterly 30.18 feet along a 170.00 foot Radius Curve, Concave Northeasterly (said Curve having a long chord of South 05°54'29" East, 30.14 feet); Thence South 79°00'22" West, 60.00 feet; Thence Northwesterly 35.59 feet along a 230.00 foot Radius Curve, Concave Northeasterly (said Curve having a long chord of North 06°33'38" West, 35.56 feet); Thence North 46°00'04" West, 14.18 feet; Thence South 89°09'42" West, 53.17 feet to the East Line of Lot 2, Logan Plaza First Addition; Thence North 00°51'00" West, 10.00 feet along the East Line of said Lot 2 to the Northeast Corner thereof; Thence South 89°09'42" West, 163.93 feet along the North Line of said Lot 2 to the Northwest Corner thereof; Thence South 00°49'42" East, 148.59 feet along the West Line of said Lot 2 to the Southwest Corner thereof; Thence South 89°10'44" West, 20.80 feet along the Westerly Extension of the South Line of said Lot 2; Thence North 00°49'42" West, 389.92 feet to the North Line of the Southwest Quarter of the Southwest Quarter of said Section; Thence North 89°38'25" East, 20.80 feet along said North Line to the Northwest Corner of Lot 3, Logan Plaza First Addition; Thence South 00°49'42" East, 211.16 feet along the West Line of said Lot 3 to the Southwest Corner thereof; Thence North 89°09'42" East, 227.11 feet along the South Line of said Lot 3 to the Southeast Corner thereof; Thence North 00°49'20" West, 209.26 feet along the East Line of said Lot 3 to the Northeast Corner thereof, also to the North Line of the Southwest Quarter of the Southwest Quarter of said Section; Thence South 89°38'25" West, 197.14 feet along said North Lines to the East Right -of -Way Line of U.S. Highway 63 (Logan Avenue); Thence North 00°49'42" West, 16.00 feet; Thence South 89°38'25" West, 5.00 feet; Thence North 00°49'42" West, 120.00 feet; Thence South 89°38'25" West, 55.00 feet; Thence North 02°22'07" East, 538.01 feet; Thence North 00°49'42" West, 362.25 feet all along said East Right -of -Way to the to the Point of Beginning. Containing 29.48 Acre(s), subject to any easements recorded or unrecorded. Note: The Bearings and Distances indicated in this Legal Description are to the Monuments "Found or Set" as indicated on the attached "Final Plat" and the calls along the courses in this Description are to those Monuments as indicated. References are hereby made to the Recorded Documents as indicated on this Final Plat. Herod - Reicks Surveying, 2206 East Brerrer Avenue, Waver y, IA 50677, Ph. 38-483-587 Project Number: 2021-535 Sheet: 4 KLR File: I:\Projects - WO\County Control Systems\WO\BLACK HAWK\BHCO-13\BHCO-13-2024.dwg, 1/28/2025 12:20:27 PM Page 496 of 529 NORTH CROSSING FOURTH ADDITION, WATERLOO, IOWA SURVEYOR'S CERTIFICATE (CORRECTIVE) I, Isaiah M. Reicks, a licensed and professional surveyor in the State of Iowa, hereby certify that I have a made a survey of the real estate with the following description: North Crossing Fourth Addition, located in Part of Lot 1 Menard-Logan Plaza Minor Plat, Part of Lot 1, North Crossing Second Addition and Part of the West Half of the Southwest Quarter, all in Section 12, Township 89 North, Range 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa, and more particularly described as follows: Commencing at the West Quarter Corner of said Section; Thence South 00°49'42" East, 288.83 feet along the West Line of said Quarter Section to the Westerly Extension of the South Right -of -Way Line of Ralston Road; Thence South 89°58'10" East, 100.00 feet along said Westerly Extension to the Intersection of the East Right -of -Way Line of U.S. Highway 63 (Logan Avenue) and the South Right -of -Way Line of Ralston Road and the Point of Beginning; Thence continuing South 89°58'10" East, 519.04 feet along said South Right -of -Way Line to the Northwest Corner of Parcel D, as recorded in Document #2003-05489, on file in the Black Hawk County Recorder's Office, Waterloo, Iowa; Thence South 00°55'36" East, 259.74 feet along the West Line of said Parcel D to the Southwest Corner thereof; Thence South 89°57'15" East, 680.03 feet along the South Line of said Parcel D to the Southeast Corner thereof and the West Right -of -Way Line of East Fourth Street; Thence South 00°56'11" East, 767.60 feet along said West Right -of -Way Line to the South Line of Northwest Quarter of the Southwest Quarter of said Section; Thence South 00°53'47" East, 202.86 feet along said West Right -of -Way Line; Thence South 89°38'S0" West, 913.98 feet; Thence South 00°49'20" East, 50.80 feet; Thence Southeasterly 30.18 feet along a 170.00 foot Radius Curve, Concave Northeasterly (said Curve having a long chord of South 05°54'29" East, 30.14 feet); Thence South 79°00'22" West, 60.00 feet; Thence Northwesterly 35.59 feet along a 230.00 foot Radius Curve, Concave Northeasterly (said Curve having a long chord of North 06°33'38" West, 35.56 feet); Thence North 46°00'04" West, 14.18 feet; Thence South 89 °09'42" West, 53.17 feet to the East Line of Lot 2, Logan Plaza First Addition; Thence North 00°51'00" West, 10.00 feet along the East Line of said Lot 2 to the Northeast Corner thereof, Thence South 89°09'42" West, 163.93 feet along the North Line of said Lot 2 to the Northwest Corner thereof; Thence South 00°49'42" East, 148.59 feet along the West Line of said Lot 2 to the Southwest Corner thereof; Thence South 89°10'44" West, 20.80 feet along the Westerly Extension of the South Line of said Lot 2; Thence North 00°49'42" West, 389.92 feet to the North Line of the Southwest Quarter of the Southwest Quarter of said Section; Thence North 89°38'25" East, 20.80 feet along said North Line to the Northwest Corner of Lot 3, Logan Plaza First Addition; Page 497 of 529 Thence South 00°49'42" East, 211.16 feet along the West Line of said Lot 3 to the Southwest Corner thereof; Thence North 89°09'42" East, 227.11 feet along the South Line of said Lot 3 to the Southeast Corner thereof; Thence North 00°49'20" West, 209.26 feet along the East Line of said Lot 3 to the Northeast Corner thereof, also to the North Line of the Southwest Quarter of the Southwest Quarter of said Section; Thence South 89°38'25" West, 197.14 feet along said North Lines to the East Right -of -Way Line of U.S. Highway 63 (Logan Avenue); Thence North 00°49'42" West, 16.00 feet; Thence South 89°38'25" West, 5.00 feet; Thence North 00°49'42" West, 120.00 feet; Thence South 89°38'25" West, 55.00 feet; Thence North 02°22'07" East, 538.01 feet; Thence North 00°49'42" West, 362.25 feet all along said East Right -of -Way to the Point of Beginning. Containing 29.47 Acre(s), subject to any easements recorded or unrecorded. The foregoing described real estate is to be hereafter known and designated as; North Crossing Fourth Addition, City of Waterloo, Black Hawk County, Iowa. I further certify that the accompanying plat is a true representation thereof in accordance with my field notes of said survey, has been prepared in accordance with the laws of the State of Iowa relating thereto, and the figures in said plat representing distances are in feet and decimals of feet, and that said survey and plat contain and show any and all surplus and any and all deficiencies from former surveys of record. Dated at Waverly, Iowa, this day of , 2025. Isaiah M. Reicks Iowa License #22468 My license renewal date is December 31, 2025 Page 498 of 529 Prepared by & Return to: Isaiah M. Reicks, HRS, LLC, 2206 East Brener Avenue, V\laverly, IA 50677, Phone 31)-483-587 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. Isaiah M. Reicks License number 22468 My license renewal date is December 31, 2025. Sheets covered by this seal: Individual Sheet Only Date: State of Iowa ss. County of Bremer Subscribed and sworn to before me by Isaiah M. Reicks, PLS, this day of , 2024. Notary Public SURVEYOR'S AFFIDAVIT I, Isaiah M. Reicks, Licensed Professional Land Surveyor in the State of Iowa, Number 22468, being first duly sworn, depose and state: 1. That, I am a Licensed Professional Land Surveyor in the State of Iowa and have been at all relevant times; 2. That, I prepared a Final Plat, North Crossing Fourth Addition, City of Waterloo, Black Hawk County, Iowa, which was filed for record on April 17, 2024, in Document #2024-00012798, in the Black Hawk County Recorder's Office, Waterloo, Iowa; 3. An error was discovered near the West End of Heath Street, where it intersects the East Right -of -Way Line of U.S. Highway 63 (Logan Avenue). There was a tract of land that the IDOT acquired for Right -of -Way purposes, and the subdivision boundary inadvertently did not exclude it. A Corrective Final Plat, Surveyors Certificate, and Deed of Dedication are being filed to correct this. e: I:\Projects - WO\County Control Systems\WO\BLACK HAWK\BHCO-13\BHCO-13-2024.dwg, 1/28/2025 12:27:16 PM HRS, LLC, 2206 East Brerrer Avenue, Waverly, IA 50677, Phone 3'9-483-5B7 Project Number: 2021-535 Sheet: 1 of 1 age 499 of 2 Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319) 234-1766 After Recording Return To: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 FIRST AMENDMENT TO OWNER'S STATEMENT AND DEED OF DEDICATION FOR NORTH CROSSING FOURTH ADDITION CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA This First Amendment to Owner's Statement and Deed of Dedication for North Crossing Fourth Addition, City of Waterloo, Black Hawk County, Iowa is made this day of 2025, by and between the undersigned representing all of the owners of lots in said Addition. WHEREAS, the Owner's Statement and Deed of Dedication for North Crossing Fourth Addition, City of Waterloo, Black Hawk County, Iowa was filed April 17, 2024, as Document No. 2024-12798 in the office of the Black Hawk County Recorder ("Owner's Statement"). WHEREAS, the Owner's Statement and Final Plat filed therewith erroneously contained a small section of right-of-way owned by the State of Iowa. WHEREAS, a Corrective Final Plat has been prepared that correctly omits the land owned by the State of Iowa and contains an updated legal description. WHEREAS, the Corrective Final Plat has been amended to provide for a new Tract F. WHEREAS, the Developer and City, being the owners of all of the tracts and lots affected by Owner's Statement wish to amend and change the Owner's Statement to reflect the above. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree that Owner's Statement shall be changed as follows: 1. The undersigned approve and consent to the filing attic Corrective Final Plat, a copy of which is attached as Exhibit "A". Page 1 of 4 Page 500 of 529 2. Article II, shall be changed to read as follows: II.OWNERSHIP Upon filing of the Final Plat for this Addition, the Lots and Tracts shall be owned as follows: 1. Lots 1, 6-14, inclusive, shall be owned by Developer. 2. Lots 2-5, inclusive, shall be owned by City. 3. Tracts A, D & F shall be owned by the City for road purposes. 4. Tracts B & C shall be owned by the City and are to be used for future development. 5. Tract E shall be owned by the City and is to be used for stormwater conveyance. 3. Except as specifically provided in this Amendment, the provisions of the Owner's Statement shall remain unchanged and in full force and effect. In the event of a conflict between the Owner's Statement and this Amendment, this Amendment shall control. Capitalized terms used but not defined herein shall have the meanings attributed to them in the Owner's Statement. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed. ***SIGNATURES ON FOLLOWING PAGES *** Page 2 of 4 Page 501 of 529 STATE OF IOWA COUNTY OF BLACK HAWK North Crossing, LLC By: Kelly D. Cunningha Its: Manager )ss, This record was acknowledged before me on this D?8' day of dfritt&-t, Kelly D. Cunningham, as Manager of North Crossing, LLC BRENDA ANN ENGEL COMMISSION NO. 801293 MY 091Y1MI IQN EXPIRES Notary Public Page 3 of 4 , 2025, by Page 502 of 529 ATTEST: By: Kelley Felchle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK )ss. City of Waterloo, Iowa By: Quentin Hart Its: Mayor This record was acknowledged before me on the day of , 2025, by Quentin Hail as Mayor, and Kelley Felchle as City Clerk, of the City of Waterloo, Iowa. Notary Public Page 4 of 4 Page 503 of 529 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with AECOM Technical Services, in an amount not to exceed $25,000.00, to perform on -call general planning and engineering services for Federal Aviation Administration airspace and property releases, project coordination and surveying and platting, adjacent to the Waterloo Regional Airport, located at 2790 Livingston Lane, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to approve a professional services agreement with AECOM Technical Services (ATS) in an amount not to exceed $25,000.00 to perform on -call general planning and engineering services for Federal Aviation Administration (FAA) airspace and property releases, project coordination and surveying and platting, adjacent to the Waterloo Regional Airport, located at 2790 Livingston Lane , and authorize the Mayor to execute said agreement. The four tasks involved that will be performed by ATS are as follows: 1. Completing necessary forms and submittal to the FAA for approval of sites requested by the City. 2. Coordination with City staff, developers, and FAA staff as needed. 3. Assist the City in surveying and platting the area adjacent to the Waterloo Regional Airport. 4. Assist the City in preparing property release documents for coordination with the FAA, including Airport Layout Plan modifications and Airport Property Map modifications. ATS is the the consultant for the Waterloo Regional Airport, and they are familiar with the FAA release process. Approval of this agreement will keep economic development in this part of the City moving forward. NEIGHBORHOOD IMPACT The request would have a positive impact upon the City of Waterloo by releasing property around the airport for economic development. DATA, ANALYSIS, AND STRATEGIES Economic Development and Land Use. Page 504 of 529 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES East Waterloo Unified TIF ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Professional Services Agreement 2. Airport Property Release Map 8-24-22 Page 505 of 529 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com ON -CALL GENERAL PLANNING AND ENGINEERING SERVICES CITY OF WATERLOO, IOWA This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two- year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re - perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over Page 506 of 529 AECOM Page 2 competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) Commercial General Liability including third party Bodily Injury and Property Damage Liability and Contractual Liability insurance in a limit of One Million Dollars ($1,000,000) each occurrence and in the aggregate. (c) Business Auto Liability Insurance (owned, non -owned or hired) in a combined single limit of One Million Dollars ($1,000,000). ATS agrees to include CLIENT as Additional Insured on the Commercial General Liability and Business Auto Liability policies, but only to the extent of ATS's Page 507 of 529 AECOM Page 3 negligence under this agreement and only to the extent of the insurance limits specified herein. (d) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above -described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non -renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not -to -exceed fee of Twenty -Five Thousand Dollars ($25,000.00). ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not Page 508 of 529 AECOM Page 4 such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third -party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper Page 509 of 529 AECOM Page 5 disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. Page 510 of 529 AECOM Page 6 (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third -party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM TECHNICAL SERVICES, INC. By: By: eC% ite %�'� • c' z&Cir Printed Name: Quentin Hart Printed Name: Michelle M. Sweeney, PE, PTOE Title: Mayor Title: Associate Vice President Date: Date: January 13, 2025 Page 511 of 529 AECOM Page 7 SCOPE OF SERVICES ON -CALL GENERAL PLANNING AND ENGINEERING SERVICES CITY OF WATERLOO, IOWA I. Project Description The project is described as providing general on -call planning and engineering services for the City of Waterloo in relation to the Waterloo Regional Airport. The services will be provided as requested by the City of Waterloo. Anticipated requests include airspace release requests, airport coordination with developments, planning, design and survey services. II. Scope of Services The Scope of Services will encompass and include services, materials, equipment, personnel, and supplies necessary to provide planning, design and survey services as requested by the City of Waterloo. For this on -call airport services agreement, it was assumed approximately 180 hours of services could be requested, as needed, by the City. Task 1 — Airspace Release This task includes completing necessary forms and submittal to the FAA for approval for sites requested by the City. Task 2 — Project Coordination This task includes coordination with the City of Waterloo staff, developers, and FAA staff as needed. Task 3 — Survey and Plat This task includes assisting the City of Waterloo in surveying and platting the area adjacent to the Waterloo Regional Airport as needed. Task 4 — Property Release This task includes assisting the City of Waterloo in preparing property release documents for coordination with the FAA including Airport Layout Plan modifications and Airport Property Map modifications. L:\Secure_DCS\Administration\AGREE\PROF\WAT ALO On -Call General Planning & Engineering Services 2025.doc Page 512 of 529 AECOM Des 0 3 0 c0 .30 0 0 L 0 n Update\000_CADD\00I_Draft&Des\Design\PROPERTY MAP,dgn, Model Revised no data tabl 180093 WLO Apt Master P 7 4- 0 L 0 i L 0 3 J 4) Li 0 0' 0) d) 0 A-B S88° 30*' W 1237.4' B-C S88° 30*' W 88.0' C-D SOO° 13' E 1331.6' D-E N88° 24*' E 712.5' E-F N22° 38*' W 326.4' F-G N31 ° 56*' E 204.0' G-B N25° 14' W 928.3' DETAIL C A-B N88° 46' E 281.3' B-C N30° 51,0W 156.3' C-D L= 531.3' R= 2211.8' ch brg N23° 58*' W 530.0' D-A S01 ° 18*' E 624.7' DETAIL E TRACT OWNER OF EASEMENT CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO CITY OF WATERLOO A-B N88° 29'E 1 165. 1' B-C N01 ° 31' W 50.0' C-D S88° 29'W 1131.5' D-E NOO° 49'W 1064.4' E-F S05° 13' E 746.9' F-G S82° 06' E 76.8' G-H S62° 12'E 412.5' H-I L=456.5' R=I085.9' ch brg S79° 28*' E 453.1' I-C S88° 31'E 192.0' DETAIL D SOLD TO STATE OF IOWA FOR HIGHWAY R.O.W. /////////, EASEMENT ACQUIRED FROM FAYE G. SHIRLEY THOMAS C. AND BETTY C. DUNHAM REGIS J. DUNBAR STATE OF IOWA UNITED BEVERAGES, INC. W.W. GRAINGER, INC. CONTROL - 0 - FAX MANAGEMENT, INC. STATE OF IOWA DOERFER ENGINEERING AND DESIGN, INC. DOERFER ENGINEERING AND DESIGN, INC. CONTROL -0- FAX MANAGEMENT INC. JAMES N. AND WILLIAM H. HINSON 13 II-4.i.. 11,,4 ,,, ,.. i,. PROPERTY SOLD PROPERTY RELEASED, NOT SOLD AVIGATION EASEMENT PROPERTY LINE PARCEL LINE M I DPORT PARCEL LINE PARCEL NO. PROPERTY ACQUIRED WITH FAA FUNDS AVIGATION EASEMENTS ACQUIRED WITH FAA FUNDS EASEMENT DATA TABLE TRACT ACRES* FAA PROJECT NUMBER 8-19-0094-0172 8-19-0094-0172 8-19-0094-0172 NOTE: * ACRES AS SHOWN ARE AS RECORDED OR CALCULATED ** AVIGATION EASEMENT - RECORDED INSTRUMENTS STATE "A RIGHT OF FLIGHT FOR PASSAGE OF AIRCRAFT" DATE OF INSTRUMENT 11/30/1972 7/28/1973 9/13/1973 4/19/1972 5/22/1979 5/5/1980 10/23/1985 4/28/1953 10/18/1966 10/18/1966 7/19/1963 8/18/1966 DATE RECORDED 8/1/73 8/ 1/73 8/1/73 8/14/1972 5/25/1979 8/15/1980 11/26/1985 6/9/1953 6/9/1967 6/9/1967 7/22/1965 11/21/1966 RECORDER'S BOOK/PAGE REMARKS E-4 536-538 AVIGATION EASEMENT ** E-4 542-544 AVIGATION EASEMENT ** E-4 539-541 AVIGATION EASEMENT ** 505-95 537-887 540-426 548-697 AVIGATION EASEMENT ** AVIGATION EASEMENT ** AVIGATION EASEMENT ** AVIGATION EASEMENT ** 112-608 AVIGATION EASEMENT ** 467-439 AVIGATION EASEMENT ** 467-439 AVIGATION EASEMENT ** 453-257 463-439 AVIGATION EASEMENT ** AVIGATION EASEMENT ** DUNKERTON ROAD . TRACT K LOT 13 iLRO TRACT B LOT 8 LOT 15 DUNKERTON ROAD N/W COR. SEC 32-90-13 0 10 37' 0.02I AC. DETAIL A AASF ARMORY LOT 1r LOT 11 LOT 17 LOT 18 DEEDED TO BLACK HAWK COUNTY (1992) BIG ROk 0.021 AC. DETAIL B — 4 t INFEET 4 1600 DATE 0 J z 0 0 co 0 U) Y 0_ W 2 0_ 0 U < PROPERTY MAP w 0 z CC 0 z 0 w cc DECEMBER 2013 PROJECT NO FILENAME SHEET NO DRAWING NO 60180093 20 Page 513 of 529 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 February 3, 2025 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, to perform demolition observation, asbestos consulting services, and air monitoring related to the demolition of the Saint Mary's Church and School site located at 2127 E. 4th Street and Saint Mary's Villa at 123 E. Parker Street, and authorizing the City Planner to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo is under contract with D.W. Zinser Company to demolish the Saint Mary's Church and School building at 2127 E 4th Street and the Saint Mary's Villa at 123 E Parker Street. The contractor started demolition, but encountered asbestos containing material in both buildings, and demolition has been stopped. The City has been working with the demolition company and the Iowa Department of Natural Resources to address how the asbestos containing material must be safely removed from the site. All parties agreed that hiring a third party asbestos professional to monitor the remaining demolition activities and ensure that all asbestos containing materials are properly handled and disposed of, and to monitor air quality around the site to ensure the activity does not cause asbestos emissions to leave the site would be the best approach. Staff reached out to three companies to provide proposals to perform these services, and received 2 proposals, and is proposing to proceed with the proposal from Terracon Consultants, Inc. The agreement does not have a set dollar amount, and is based on their costs, with a fee schedule attached to the agreement. Based on the anticipated amount of work, it is estimated that the agreement will cost approximately $20,250, but the final amount will depend on the number of days the project takes, if overtime hours are worked, and if additional samples are determined to be needed to be tested. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 514 of 529 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES TIF funds (East Waterloo Unified). ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Terracon Proposal Demolition Oversight 2. Eocene Proposal - St Mary's Site Area Air Monitoring Post Abatement PSA 1-29-25 Page 515 of 529 • rerracon January 31, 2025 City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 Attn: Mr. Aric Schroeder - City Planner Community Planning and Development P: (319) 291-4366 E: aric.schroeder@waterloo-ia-org RE: Proposal for Asbestos Consulting Services Former Saint Mary's Catholic School and Church 2127 E 4th Street and 123 E Parker Street Waterloo, Iowa Terracon Proposal No. P13257010 Dear Mr. Schroeder: 3105 Capital Way, Suite 5 Cedar Falls, Iowa 50613 P (319) 277-4016 Terracon.com ENR Rankings 2024 2023 GIAsbestos and Lead Abatement* m Top 100 Pure Designers* Top 500 Design Firms Top 150 Global Design Firms* Top 200 Environmental Firms* Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to the City of Waterloo, Iowa (the City, or the Client) to provide asbestos consulting services for the former Saint Mary's Catholic School campus. We understand that the City, through the Waterloo Community Development Office, retained D.W. Zinser Company (Zinser) to raze the former school and church located at 2127 E 4th Street and the villa (rectory) located at 123 E Parker Street in Waterloo, Iowa. Additional asbestos -containing thermal system insulation (TSI) and other asbestos -containing materials (ACMs) have been uncovered during demolition. The City is requesting asbestos consulting assistance, ambient air monitoring, and confirmatory bulk sampling during the duration of the demolition work. We appreciate the opportunity to assist the City. If this proposal meets with your approval, work can be initiated by returning a copy of the fully executed Supplement to Agreement for Services to Rob.Bergman@terracon.com. If you have questions or comments regarding this proposal, please call Rob at (319) 277-4016. Sincerely, Terracon fob Eeignran Rob P. Bergman Project Manager /r/ Eric W. Harris Principal/Regional Services Manager Attachments: Detailed Scope of Services, Fee Schedule, Supplement to Agreement for Services Facilities I Environmental I Geotechnical I Materials i Page 516 of 529 Proposal for Asbestos Consulting Services Former Saint Mary's Catholic School and Church I Waterloo, Iowa January 31, 2025 I Terracon Proposal No. P13257010 rerracon DETAILED SCOPE OF SERVICES 1.0 PROJECT INFORMATION The City is requesting demolition oversight and asbestos consulting services for the former school and villa located at the former Saint. Mary's Catholic Church. We understand that the City, through the Waterloo Community Development Office, retained Zinser to raze the former school, church, and the villa located at the former St. Mary's complex in Waterloo, Iowa. Further, we understand that site rehabilitation work is being funding in part by the United States Housing and Urban Development (HUD) and that Davis -Bacon Act applies to this project. Currently, demolition activities have stopped because Zinser uncovered additional asbestos containing TSI and other ACMs during the demolition of both the former school and villa. The buildings are significantly damaged and regulated asbestos -containing materials (RACM) are exposed/damaged. Additionally, vandals have entered the site and have removed piping containing TSI, which has exacerbated the RACM contamination in the villa. Further, we understand that the Iowa Department of Natural Resources - Air Quality Division, Mr. Tom Wuehr has visited the site and is requesting a plan of action for the demolition to proceed safely and in accordance with National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations. Terracon understands that the City retained Hawkeye Environmental, LLC (Hawkeye) in 2020 to complete a NESHAP survey for the school and church; Advanced Environmental Testing and Abatement (Advanced) was retained by the City to completed abatement. Additionally, Asbestos Inspections, Testing and Training, Inc. (AITT) completed a NESHAP inspection of the villa in 2020 and All Star Environmental, LLC completed the abatement. Subsequently following the discovery of additional suspect materials by Zinser, Advanced o completed additional bulk sampling of materials on January 9, 2025. Advanced identified ACM TSI in the villa and roofing materials and mag block TSI in the school/church that was not apparently sampled by Hawkeye or AITT. Based on review of photos of the school/church demolition, and prior reports by Hawkeye and Advanced, additional sampling and survey efforts are likely warranted to help identify and delineate ACBMs prior to any future disturbance (further demolition). It should be noted that due to safety/structural concerns, additional ACM sampling will be limited. At this time, it is assumed that the villa will need to be removed as RACM and transported to a licensed landfill that accepts RACM due to safety/structural concerns and due to apparent TSI contamination. Similarly, debris associated with the school is contaminated and portions of the building will need to be disposed of as RACM. It is assumed that the current school/church building RACM debris will be cleaned up, and then the building will be Facilities I Environmental I Geotechnical I Materials 1 Page 517 of 529 Proposal for Asbestos Consulting Services Former Saint Mary's Catholic School and Church I Waterloo, Iowa January 31, 2025 I Terracon Proposal No. P13257010 ■ rerracon demoed/separated so that additional traditional abatement can occur, if feasible and if warranted based on additional sampling efforts. The City is requesting air monitoring to ensure that potential fiber releases are within regulatory limits and assistance with monitoring debris/removal. If the above information is inaccurate, or if Terracon should be aware of additional information, please contact us as soon as possible so that we may consider any necessary revisions to this proposal. Commitment to Safety Terracon has a 100% commitment to the safety of its employees. In accordance with our Incident and Injury Free® safety culture, Terracon will use our standard safety plan for field services. Prior to the commencement of on -site activities, Terracon will review the health and safety needs for this specific project. We anticipate conducting fieldwork wearing personal protective equipment consisting of hard hats, safety glasses, protective gloves, high -visibility clothing, and steel -toed boots. However, it may be necessary to upgrade this level of protection and utilize equipment such as half -face air -purifying respirators or protective clothing such as Tyvek® coveralls. Appropriate safety measures will be used to minimize the potential for exposure to hazardous materials that are sampled. Since the buildings are partially razed and are significantly damaged, Terracon's access to the buildings may be limited due to safety concerns. Additionally, there are no apparent roof hatches or means to safely access the roof(s) that are remaining. Terracon will be responsible for supervision and site safety measures for its employees but shall not be responsible for the supervision or health and safety precautions for any third parties, including the Client's employees, contractors, subcontractors, or other parties present at the site. 2.0 SCOPE OF SERVICES 2.1 Consulting Services To date, Terracon has coordinated and reviewed provided/available information from the City. Terracon can assist the City with meetings between Zinser, IDNR, Advanced, and other contractors necessary to facility the safe and continued demolition/RACM removals. Facilities I Environmental i Geotechnical I Materials 2 Page 518 of 529 Proposal for Asbestos Consulting Services Former Saint Mary's Catholic School and Church I Waterloo, Iowa January 31, 2025 I Terracon Proposal No. P13257010 2.2 Demolition Oversight Terracon Following notification from the City/Zinser regarding the anticipated start date for the abatement services, Terracon will coordinate with select representatives to mobilize a licensed asbestos professional to the site for the duration of the abatement activities. Currently, we anticipate conducting the following activities: ■ Monitoring demolition activities ■ Reviewing prior reports to assist with identifying RACM ■ Documentation of removal methods, storage, handling and transportation methods ■ Possible periodic landfill checks ■ Photographic documentation ■ Noting contractor safety measures and personal protective equipment ■ Documenting that demolition debris has been removed from the site in accordance with applicable state and federal regulations ■ Visual observations of work areas when demolition activities are complete 2.3 Ambient Air Monitoring Terracon will complete area air monitoring services in general accordance with industry standards for the duration of the demolition activities. Area air sampling will be conducted around the perimeter of the regulated area established by Zinser. In general, air monitoring conducted outdoors will be generally located downwind of the regulated area. The number and location of the samples will be taken at the discretion of Terracon's on -site personnel. We have included costs for the collection of up to four perimeter samples per day, plus blanks. Air samples will be collected and analyzed by phase contrast microscopy (PCM) in general accordance with National Institute for Occupational Safety and Health (NIOSH) Method 7400, Asbestos and other Fibers by PCM. Terracon will calibrate all sample pumps for the project using a primary standard or secondary standard. Terracon staff that participate in the American Industrial Hygiene Association (AIHA) Proficiency Analytical Testing Program (PAT) will analyze the samples at the local Terracon office. At this time, it is not anticipated that Transmission Electron Microscopy (TEM) analysis will be required for the project; if TEM analysis is required, the City should contact Terracon to discuss as additional costs will be incurred. We anticipate demolition activities will take approximately 15 business days, however, the schedule is dependent on that of others, their manpower and availability; and based on the potential discovery of additional ACMs. Facilities I Environmental I Geotechnical I Materials 3 Page 519 of 529 Proposal for Asbestos Consulting Services Former Saint Mary's Catholic School and Church I Waterloo, Iowa January 31, 2025 I Terracon Proposal No. P13257010 2.4 Confirmation ACM Sampling rerracon As needed, Terracon will perform additional confirmatory ACM sampling of building materials that can be safely accessed. Terracon will utilize the two previous inspection reports as well as Advance's sampling results to help delineate suspect materials. During Terracon's call with the City, we understand that the upper east roof of the school building (original roof materials on decking and below the upper membrane) was not tested for asbestos. Additionally, the City does not believe that the southwest corner roof of the church was sampled. The City is planning on the rectory roof being disposed of as RACM with no additional testing for this roof being warranted at this time. Bulk material samples collected will be sent to an analytical laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) for analysis by visual estimation using polarized light microscopy/dispersion staining (PLM/DS) techniques in accordance with USEPA's Method for determination of Asbestos in Bulk Building Materials (600/R-93/116). Terracon will request a 6-hour turnaround time following receipt of the samples by the laboratory. Terracon does not warrant the work of regulatory agencies, laboratories, or other third parties supplying information used in the report. Laboratory analytical laboratory fees are subject to change without prior notification. Following the initial ACM confirmation sampling, Terracon will prepare a letter -report describing the sampling methods and results of the limited inspection, quantities, condition and locations of identified ACM as well as conclusions and recommendations for further action, if necessary. Terracon's report will be prepared for exclusive use and reliance by the City of Waterloo. Reliance by any other party is prohibited without the written authorization of the City of Waterloo and Terracon. Terracon will submit an electronic PDF copy of the report to the City approximately 2-days following the final results of the laboratory results. 2.4 Closeout Report Upon conclusion of the work, and following receipt of all requested abatement documentation from Zinser or their subcontractor, Terracon will prepare a closeout report for the project. The report will contain copies of Terracon's daily observation logs, pertinent photographs, applicable licenses and certifications of Terracon staff involved in the project, site checklists, and air monitoring results. In addition, Terracon can review and include all submittals from Zinser as it relates to asbestos/RACM removals that are required as part of the project documents. These submittals typically include, but are not limited to, names, licenses, and training certificates of all staff working on the project, including the Supervisor(s) for the Abatement Contractor, daily logs, notes, and sign-in/out forms, daily Occupational Safety and Health Administration (OSHA) Facilities I Environmental I Geotechnical I Materials 4 Page 520 of 529 Proposal for Asbestos Consulting Services Former Saint Mary's Catholic School and Church I Waterloo, Iowa January 31, 2025 I Terracon Proposal No. P13257010 rerracon personal air samples collected and applicable laboratory analytical results, diagrams and estimated quantities of abated materials, water usage reports, and signed waste manifests. Reliance The deliverables will be prepared for the exclusive use and reliance by the City. Reliance by any other party is prohibited without the written authorization of the City and Terracon. If the City is aware of additional parties that will require reliance on the deliverables, the names, addresses, and relationships of these parties should be provided for Terracon approval prior to the time of authorization to proceed. Terracon will grant reliance on the report to those approved parties upon receipt of a fully executed Reliance Agreement (available upon request). For a period of one year after the report date, the City and Terracon will consent to reliance on the report by a third party. During the one-year period, Terracon will grant reliance upon receipt of a fully executed Reliance Agreement and receipt of an additional fee per relying party. Reliance on the deliverables by the City and all authorized parties will be subject to the terms, conditions, and limitations stated in the Agreement for Services (and sections of this proposal incorporated therein), the Reliance Agreement, and the report. 3.0 KEY UNDERSTANDINGS ■ The fees are valid for 30 days from the date of this proposal; the fees are based on the assumptions, information gathered, and conditions provided at the time of this proposal. ■ The City or their contractor (will notify Terracon, in advance, of any operational changes or unique circumstance that might affect the scheduled sampling. Work hours are assumed to be Monday through Friday (7 AM to 3 PM). ■ Terracon's staff will require safe and legal access to the work area during demolition activities. ■ As noted elsewhere, Terracon will not be responsible for determining the structural integrity of existing buildings or the health and safety of other parties. Terracon reserves the right to stop work if conditions are unsafe and will not be responsible for the demolition /abatement contractor's activities related to site safety during the project. If Terracon identifies safety concerns at the site, the City's representative will be notified of the concern and it will be the contractor's sole responsibility to correct the deficiency at the contractor's expense. ■ Due to the structural integrity of the two buildings, Terracon's access to the buildings will be limited due to safety concerns which may prohibit additional confirmatory sampling activities. Facilities I Environmental I Geotechnical I Materials 5 Page 521 of 529 Proposal for Asbestos Consulting Services Former Saint Mary's Catholic School and Church I Waterloo, Iowa January 31, 2025 I Terracon Proposal No. P13257010 • Terracon ■ Roof access to the school/church will need to be completed with a lift. If Zinser has a lift on site, it is assumed that they can provide safe access; we have not included fees for lift rental. ■ Consultants and contractors reviewing any deliverables must draw their own conclusions. ■ The analysis, comments, and recommendations presented in any technical report will be based on the information collected as described in this proposal. Upon request, Terracon may provide verbal or electronic (interim) information prior to completing the technical report; however, Terracon does not recommend sole reliance on interim information. Due to time constraints, such information may be based upon limited or incomplete information and data evaluation. Consequently, the content of the technical report takes precedence over any previously conveyed information. ■ Terracon does not warrant the work of regulatory agencies, laboratories, or other third parties supplying information used in the report. ■ Conference calls, meetings, updates and planning regarding the anticipated scope of work will be billed on an hourly basis. 4.0 SCHEDULE The City's anticipated start-up date for RACM demolition activities is on or around February 4, 2025. It is unknown if an amended notification has been completed. It is assumed that RACM demolition will begin on the rectory and that the RACM demolition of the rectory will take one week. We have estimated that the remaining school RACM demolition portion may take 1 to 2 weeks. We have estimated that RACM demolition will take up to 3 weeks; however, the duration is unknown at this time. The closeout report will be provided to the City within approximately 10 business days following the conclusion of demolition activities, pending the timely submittal of deliverables by the demolition and/or abatement contractor. 5.0 COMPENSATION The scope of services as described in this proposal will be invoiced on a time and materials basis per the unit rate fees included in the attachment. The City has requested Terracon to provide a per day cost for demolition oversight and ambient air monitoring, which is listed below. Service Demolition Oversight and Ambient Air Sampling Estimated # of Days 15 days Unit Fees $1,350/day Estimate Fee $20,250 Facilities I Environmental I Geotechnical I Materials 6 Page 522 of 529 Proposal for Asbestos Consulting Services Former Saint Mary's Catholic School and Church I Waterloo, Iowa January 31, 2025 I Terracon Proposal No. P13257010 ■ rerracon Terracon understands that the City of Waterloo, outside of the HUD funding, will be responsible for Terracon's services, therefore we have assumed that Davis Bacon and Related Acts are not applicable. Any requested additional services beyond the scope specified herein will be invoiced according to Terracon's current Fee Schedule (attached). Terracon's invoice will be submitted to the address appearing above on approximately 30-day billing cycles. If conditions are encountered that require significant changes in the Scope of Services, you will be contacted for discussion and approval of such changes before we proceed. Facilities I Environmental I Geotechnical I Materials 7 Page 523 of 529 Proposal for Demolition Oversight Asbestos Consulting Services Saint Marys Demolition Oversight Services • Waterloo, Iowa January 31, 2025 • Terracon Proposal No. P13257010 Unit Rate Schedule •rerracon Rate Unit PERSONNEL* Field Scientist Project Manager Senior Project Manager/Department Manager Principal / Authorized Project Reviewer $90.00 hour $130.00 hour $165.00 hour $190.00 hour OVERSIGHT SERVICES Demolition Oversight and Ambient Air Monitoring $1,350.00 day** EXPENSES Mileage Miscellaneous Charges (Including but not limited to laboratory analytical fees, postage , rental equipment, materials). $0.90 mile Cost + 15% REPORTING Closeout Report $2,000.00 lump su *Overtime is defined as all hours in excess of eight per day, outside of the normal hours of 7:OOAM to 5:OOPM Monday through Friday, and all hours worked on Saturdays, Sundays, and holidays. Overtime rates will be 1.5 times the hourly rate quoted (2 times the hourly rate for Sundays and holidays). **The demolition and ambient air monitoring rate includes mobilization / demobilization, mileage, cost for field supplies, 4 PCM samples per day, microscope, high volume pumps. Rate includes an 8-hour day (7 AM to 3 PM), plus sample analysis by Project Manager. Rates provided above are valid only if authorized within 30 days from the listed proposal date. You will be invoiced on a periodic basis for services actually performed as authorized or requested by you or your designated representative. Responsive • Resourceful • Reliable Page 524 of 529 irerracon Reference Number: P13241168 CHANGE ORDER No. 1 This Change Order No. 1 to the Saint Mary's Excavation & Backfill dated 11/01/2024 ("Agreement") is between City of Waterloo IA ("Client") and Terracon Consultants, Inc. ("Consultant") for additional or changed Services to be provided by Consultant for Client on the Saint Mary's School and Villa Demolition Oversight Services Project, as described in Saint Mary's Excavation & Backfill. This Change Order is incorporated into and made part of the Agreement. Scope of Services. The scope of the additional or changed Services is described in the Scope of Services section of Consultant's Change Order Proposal, unless Services are otherwise described below or in Exhibit B to this Change Order (which section or exhibit are incorporated into the Change Order). See attached Terracon Proposal P13257010 dated January 31, 2025. Compensation. Client shall pay compensation for the additional or changed Services performed at the fees stated in the Change Order Proposal unless fees are otherwise stated below or in Exhibit C to this Change Order (which section or exhibit are incorporated into the Change Order). See attached Terracon Proposal P13257010 dated January 31, 2025. All terms and conditions of the Agreement shall continue in full force and effect. This Change Order is accepted and Consultant is authorized to proceed. Consultant: Terracon Consultants, Inc. Client: City of Waterloo IA By: Date: 1/31/2025 By: Date: Name/Title: Eric W. Harris / Regional Services Manager Name/Title: Aric Schroeder / Address: 3105 Capital Way, Ste 5 Address: 715 Mulberry St Cedar Falls, IA 50613-7030 Waterloo, IA 50703-5714 Phone: (319) 277-4016 Fax: (319) 277-4320 Phone: (319) 291-4366 Fax: Email: Eric.Harris@terracon.com Email: aric.schroeder@waterloo-ia.org Page 1 of 1 Rev. 8-12 Page 525 of 529 PROFESSIONAL SERVICES AGREEMENT (PSA) Project: Area Air Monitoring/Project Observation & Closeout Report Eocene- _ Environmental Environmental Group Property: St Mary's Site, 2127 E 4th Street, Waterloo Client: City of Waterloo Contact: Aric Schroeder Address: 715 Mulberry Street City/State/Zip: Waterloo, Iowa 50703 Phone: 319-291-4366 Email: Aric.schroeder@waterloo-ia.org AGREEMENT made this 29th day of January 2025, by and between the service provider, Eocene Environmental Group Inc. (Eocene) and City of Waterloo (Client). WHEREAS the client intends to engage the services of Eocene to: provide area air monitoring/project observation and post closeout report. WHEREAS, Eocene agrees to provide said services pursuant to the terms of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Project Eocene agrees to complete the Area Air Monitoring/Project Observation and Closeout Report in accordance with federal, state, and local regulations for the above referenced property. 2. Scope of Services Area Air Monitoring, Project Observation & Sr. Project Manager Site Visit Eocene will provide area air monitoring services and project observation. This will include the collection and analysis of all area air samples by each removal area, air samples at each entrance to a containment area, and HEPA exhaust air samples. HEPA exhaust air samples will be collected and analyzed daily in order to document any potential fiber releases. These samples will be analyzed via the Phase Contrast Microscopy (PCM) method. At the completion of the asbestos removal and upon the passing of a visual inspection, final clearance air samples will be collected and analyzed using the PCM method. Additionally, Eocene will provide a minimum of one Senior Project Manager Site Visit to oversee the air monitoring and project observation and ensure clear communication between the Client, contractors, regulators, and Eocene. 8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com 09-24 PAGE 1 OF 4 Page 526 of 529 Closure Report Eocene will prepare a Closure Report for the project summarizing abatement activities. The report will consist of worker logs, site photographs and area air monitoring results. 3. Eocene Responsibilities Eocene Hereby agrees to: I. Provide the professional services as set forth in this Agreement; and II. Perform said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 4. Client Responsibilities Client hereby agrees to: I. Provide a knowledgeable representative of the Property, who will be available to coordinate all on -site work; and II. Provide unrestricted access to the Property for Eocene to perform the services; and III. Provide copies of any previously completed reports that may be pertinent to this Project. 5. Schedule The Project will commence immediately upon receipt of the executed Professional Services Agreement (PSA) from the Client. It is anticipated that the project will begin on/or February 5, 2025. 6. Project Cost, Payment and Termination The Client shall pay Eocene the cost as listed below for the performance of this Agreement. Direct costs such as communications, postage, routine printing and copying are not invoiced separately but are included to streamline the accounting process and reduce overhead costs. Tasks Cost Area Air Monitoring/Project Observation (Monday -Friday 7:00 A.M.- 5:00 P.M.) Includes daily area air samples) $1,800.00 /Day Area Air Monitoring/Project Observation (Saturday 7:00 A.M.- 5:00 P.M.) Includes daily area air samples) $2,000.00 / Day Hours worked before 7:00 A.M. or after 5:00 P.M. $110.00 / HR Sr. Project Manager — Site Visit $1,200.00 / Trip Bulk Samples $25.00 / EA Closeout Report $4,000.00 Invoices for Eocene's services will be submitted every 30 days or upon project completion if project completion is less than 30 days. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, Eocene may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, suspend or terminate the performance of services. Time and material costs will be adjusted annually in accordance with rate increases paid to personnel, inflation, and market conditions. 7. Work Product All field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by Eocene as instruments of service and/or used in the preparation of the final project deliverables shall remain the property of Eocene. 8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com 09-24 PAGE 2 OF 4 Page 527 of 529 All project documents including, but not limited to, plans and specifications furnished by Eocene under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by Eocene, shall be at the Client's sole risk, and Client shall defend, indemnify and hold harmless Eocene from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the Client be deemed a sale by Eocene, and Eocene makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall Eocene be liable for indirect or consequential damages as a result of the Client's use or reuse of the electronic files. Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, Eocene reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. Client shall retain copies of the work performed by Eocene in electronic form only for information and use by Client for the specific purpose for which Eocene was engaged. Said material shall not be used by Client or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by Eocene without Eocene's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at Client's sole risk. Furthermore, the Client agrees to defend, indemnify, and hold Eocene harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the modification or reuse of these materials. 8. Project Site The Client agrees to use good faith efforts to maintain a safe Project site for Eocene staff and, as applicable, subcontractors and assigns. Such good faith efforts shall include, but not exhaustive, ensuring that Project site is free and clear of any imminent hazards that pose a direct and immediate danger to any such individual potentially affected. 9. Claims and Disputes Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or Eocene. Eocene's services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against Eocene because of this Agreement or the performance or nonperformance of services hereunder. The Client and Eocene agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this Project to carry out the intent of this provision. The Client shall make no claim for professional negligence, either directly or in a third -party claim, against Eocene unless the Client has first provided Eocene with a written certification executed by an independent professional currently practicing in the same discipline as Eocene and licensed in the State in which the claim arises. 10. Limited Liability The Client agrees, to the fullest extent permitted by law, to limit the liability of Eocene and Eocene's officers, directors, partners, employees, shareholders, owners and subconsultants to the Client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of Eocene and its officers, directors, partners, employees, shareholders, owners and subconsultants to all those named shall not exceed $50,000. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 11. Mediation In an effort to resolve any conflicts that arise during the project or following the completion of the project, the Client and Eocene agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The Client and Eocene further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 12. Attorney's Fees 8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com 09-24 PAGE 3 OF 4 Page 528 of 529 If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the prevailing party. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 13. Controlling Law This Agreement shall be construed and enforced in accordance with the laws of the state of Iowa. 14. Assignment Neither the Agreement nor any of the rights or obligations arising under the Agreement may be assigned without prior written consent. This agreement is approved and accepted by the Client and Eocene upon both parties signing and dating the agreement. The effective date of the agreement shall be the last date entered below. CITY OF WATERLOO Accepted by: Printed/Typed Name: Title: Date: EOCENE ENVIRONMENTAL GROUP, INC. Accepted by: Printed/Typed Name: Kim Crosser Title: Sr. Project Manager Date: 1/29/2025 8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com 09-24 PAGE 4 OF 4 Page 529 of 529