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Council Packet - 2/17/2025
CITY OF �4iLTERLOO IOWA THECITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, February 17, 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 404 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, John Chiles, Ward 1 Council Member. Approval of Agenda as proposed or amended. Approval of Minutes of the February 3, 2025, Regular Council Session, as proposed or amended. Retirement recognition for Brian Bowman. 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 Page 2 of 404 on the front of the agenda. CONSENT AGENDA The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request by Andrea McGeough, for tax exemptions on the construction of a new 10-unit apartment complex valued at $1,800,000.00, for property located at 2539 W. 3rd Street, and located in the City Limits Urban Revitalization Area (CLURA). 3. Resolution approving award of bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $1,565,749.39, approving the contract, bond and certificate of insurance, in conjunction with the FY 2023 Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Project, Contract No. 1062, and authorizing the Mayor and City Clerk to execute said document. 4. Resolution setting date of public hearing as March 3, 2025, for the sale and conveyance of City -owned property, a portion of Miriams Park, located east of 3843 Sager Avenue, to Waterloo Schools, in the amount of $1.00, and instruct the City Clerk to publish notice. 5. Resolution setting date of public hearing as March 3, 2025, on the proposition of the issuance of not to exceed $4,200,000.00 General Obligation Bonds, for Essential Corporate Purposes, and instruct the City Clerk to publish notice. 6. Resolution setting date of public hearing as March 3, 2025, on the proposition of the issuance of not to exceed $700,000.00 General Obligation Bonds, for Generral Corporate Purposes, and instruct the City Clerk to publish notice. 7. Resolution setting date of public hearing as March 3, 2025, on the proposition of the issuance of not to exceed $900,000.00 General Obligation Bonds, for General Corporate Purposes, and instruct the City Clerk to publish notice. 8. Resolution setting date of public hearing as March 3, 2025, on the proposition of the issuance of not to exceed $600,000.00 General Obligation Bonds, for General Corporate Purposes, and instruct the City Clerk to publish notice. 9. Resolution setting date of public hearing as March 3, 2025, for the sale and conveyance of city -owned property located at 1651 Sycamore Street in the amount of $1.00, and to approve a Development Agreement with Crystal Distribution Services, Inc., with a Minimum Assessment Agreement of $659,060.00 for the rehab of the existing building, and construction of a 5,000 square foot maintenance shop, and instruct the City Clerk to publish notice. Page 3 of 404 10. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 13, 2025, and date of public hearing as March 17, 2025, in conjunction with the FY 2025 Asphalt Overlay Program, Contract No. 1115, and instruct the City Clerk to publish notice. 11. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 6, 2025, and date of public hearing as March 17, 2025, in conjunction with the FY 2025 East and West San Marnan Drive Reconstruction Project, Contract No. 1116, and instruct the City Clerk to publish notice. 12. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 13, 2025, and date of public hearing as March 17, 2025, in conjunction with the FY 2025 ACC Reconstruction Project, Contract No. 1117, and instruct the City Clerk to publish notice. 13. Motion to approve the appointment of Collin Widdel from the current Civil Service List to the position of Mechanic in the Leisure Services Department, effective February 26, 2025. 14. Communication from the Library Department on the notice of the conclusion of employment of Sherry Frost, Library Aide, effective January 31, 2025, with recommendation of approval of payout of $1,746.72 for unused benefits. 15. Communication from the Fire Department on the notice of the conclusion of employment of Michael Gibbons, Fire Lieutenant, effective January 6, 2025, with a recommendation of approval of payout of $ 12,633.22 for unused benefits. 16. Communication from the Fire Department on the notice of the conclusion of employment of Shane Schellhorn, Fire Engineer, effective January 7, 2025, with recommendation of approval of payout of $9,584.58 for unused benefits. 17. Leona Middleton, Board/Commission: Community Development Board, Expiration Date: February 17, 2028, [New]. 18. Angela Beck, Board/Commission: Cultural and Arts Commission, Expiration Date: March 3, 2028, [New]. 19. Motion to approve Change Order No. 3 with D.W. Zinser Co., Inc., of Walford, Iowa, in an amount of $168.00 per ton to load, haul, and dispose of regulated asbestos containing material (RACM), as well as a lump sum cost of $15,000.00 for use of a High Reach Demolition Excavator, and a lump sum cost of $3,200.00 for abatement by hand tool methods the west elevation low roof area, in conjunction with property located at 2127 E. 4th Street (Saint Mary's Church and School) under Contract No. D-2024-10-02P, and authorizing the Mayor to execute said document. 20. Leisure Services Commission Board minutes of December 10, 2024. 21. Liquor Licenses a. Casey's General Store #2866, 51 E. Tower Park Drive, Class E Retail Alcohol w/Sunday Sales (Renewal) Exp: 02/28/2026. b. Dollar General #10073, 3815 University Avenue, Class B Retail Alcoohol w/Sunday Page 4 of 404 Sales (Renewal) Exp: 02/28/2026. c. Doughy Joeys Peetza Joynt, 300 W. 4th Street, Class C Retail Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 02/07/2026. d. Fairfield Inn & Suites, 2134 LaPorte Road, Class B Retail Alcohol w/Sunday Sales (Renewal) Exp: 02/12/2026. e. The Loft, 710 Jefferson Street, Class C Retail Alcohol w/Sunday Sales (Renewal) Exp: 01/30/2026. f. Sam's Club #6514, 210 E, Tower Park Drive, Class E Retail Alcohol w/Sunday Sales (Renewal) Exp:02/28/2026 22. Cigarette/Tobacco/Nicotine/Vapor Permits a. Dollar General Store #30998, 5570 Washington Street. PUBLIC HEARINGS 1. Request by Levi Architecture, on behalf of Troy's Sandwiches, for a Site Plan Amendment in the "S-1" Shopping Center District located at 3146 Kimball Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close public 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 amendment to Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by 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. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 2. Terminal Security Upgrades Project, Contract No. 5819. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read the bids. Resolution approving award of bid to K & W Electric of Cedar Falls, Iowa in the amount of $220,456.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Terminal Security Upgrades Project, IDOT CSVI Contract No. 5819, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving award of bid to Peters Construction Corporation of Waterloo, Iowa in the amount of $73,400.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Secured Door Upgrades portion of the Terminal Security Upgrades Project, IDOT CSVI Contract No. 5819, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving award of bid to K & W Electric of Cedar Falls, Iowa in the amount of Page 5 of 404 $126,121.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Surveillance Camera Upgrades portion of the Terminal Security Upgrades Project, IDOT CSVI Contract No. 5819, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Steven Kjergaard, Director of Aviation 3. FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well, Contract No. 1066. 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 and refer to City Engineer for review. Submitted by: Wayne Castle, PLS, PE, Assistant City Engineer 4. 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. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the Sale and conveyance of City -owned property, lots 6 and 7 of block 16 of Downing Place, to EIC Enterprises, LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with EIC Enterprises, LLC and Northeast Iowa Food Bank, Inc. for relocation of two homes, with a total of $20,000 infill housing grant and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director RESOLUTIONS 1. Resolution establishing dates of fireworks use for July 4th and July 5th, 2025. Submitted by: Quentin Hart, Mayor 2. Resolution establishing pet license fees. Submitted by: Rob Duncan, Chief of Police 3. Resolution approving a software agreement with Docupet, in the amount of $3,995.00, in conjunction with pet licensing services, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Rob Duncan, Chief of Police 4. Resolution approving a Professional Services Agreement with Tyler Technologies, in an amount not to exceed $3,510.00, in conjunction with implementation and training of the New World Purchase Order Module, and authorizing the Mayor to execute said document. Page 6 of 404 Submitted by: Randy Bennett, Public Works Division Manager 5. Resolution approving a Levee Improvement Fund Grant application to the State of Iowa, in conjunction with the FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well Project, Contract No. 1066, and authorizing the Mayor to execute said document. Submitted by: Jamie Knutson, City Engineer 6. Resolution approving an application to the Black Hawk County Metropolitan Planning Organization (MPO) for Transportation Alternatives Set -Aside Program Funding (TASA) for the Cedar Prairie Trail Replacement Project and directing the execution of said application by the Mayor and City Clerk. Submitted by: Jamie Knutson, City Engineer 7. Resolution approving the Iowa Certified Local Government 2024 Annual Report, and authorizing the Mayor and Community Planning and Development Director to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 8. Resolution approving an acquisition contract with Emily D. and Arturo S. Miranda to acquire approximately 0.20 acres of land in the amount of $22,095.00 and a financial processing fee of $250.00, for a total amount of $22,345.00, located north of 611 Jane Street, in conjunction with the Delane Creek Drainage Improvements Project, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 9. Resolution approving a Professional Services Agreement with Eocene Environmental Group, Inc., in an amount not to exceed $3,800.00, to perform a Phase I Environmental Site Assessment for 100 East 4th Street, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 10. Resolution approving the Development Agreement between Waterloo Development Corporation (WDC) and the City of Waterloo for the development of the Hard Courts Project on the Tech Works site, including grant of $4,000,000 with payments over 3 years, and conveyance of WDC owned properties to the City of Waterloo, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director ORDINANCES An ordinance amending the dog and cat licensing regulations. ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 7 of 404 February 3, 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 Monday, February 3, 2025. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton Smith, Mr. Chiles, Mr. Simon, Ms. Wilder and Mr. Feuss. Prayer or Moment of Silence. Pledge of Allegiance, Belinda Creighton -Smith, Ward 4 Council Member. Approval of Agenda as proposed or amended. Feuss/Nichols that the agenda as proposed be approved. Voice vote -Ayes: Seven. Motion carried. Approval of Minutes of the January 21, 2025, Regular Council Session, as proposed or amended. Feuss/Nichols that the minutes of the January 21, 2025, Regular Session, as proposed be approved. Voice vote -Ayes: Seven. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Mary Potter, 1416 W. 4th Street Margaret Moye, Grout Museum Executive Director Aaron Stacey Roberts, 411 Almond Laurie Wright, 4009 Mark Drive Dennis Juhl, 3905 Sager Avenue Connie Rommel, 4039 Sager Avenue Mary Jo Juhl, 3905 Sager Avenue Mr. Chiles thanked individuals for attending the Ward 1 and Ward 2 joint meeting. This joint meeting will occur every last Saturday of the month at sidecar coffee. Ms. Creighton -Smith shared the Ward 4 Town Hall will be held on Thursday, February 20th, at 6:00 p.m., at the Boys and Girls Club and stated that the new owner of All -In Grocers will join either in person or via Zoom. Mr. Boesen shared that ice is forecast for Wednesday and sand will be available through Leisure Services at Hope Martin Park. Page 1 of 13 Page 8 of 404 Feuss/Chiles to close public comments. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Feuss/Chiles that the following items on the consent agenda be received and placed on file, including the payment of bills for January 27, 2025, in the amount of $4,059,600.39, and February 3, 2025, in the amount of $3,289,320.76, be received and placed on file. Roll Call vote -Ayes: Seven. Motion carried. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-053. 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). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-054. 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). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-055. 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). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-056. 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). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-057. 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). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-058. Page 2 of 13 Page 9 of 404 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). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-059. 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). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-060. 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). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-061. 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). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-062. 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). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-063. 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). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-064. 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). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-065. 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). Page 3 of 13 Page 10 of 404 Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-066. 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). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-067. 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). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-068. 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. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-069. 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. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-070. 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. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-071. 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. 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. Page 4 of 13 Page 11 of 404 Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-072. 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. 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. Resolution approving award of hotel/motel tax council discretionary funds to Main Street Waterloo in the amount of $15,000.00, for downtown beautification. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-073. 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. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-074. 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. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-075. 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. 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. 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. Page 5 of 13 Page 12 of 404 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. Jim Burbridge, Board/Commission: Main Street, Expiration Date: December 31, 2025, [New]. Beverly Smith, Board/Commission: Community Development, Expiration Date: February 3, 2028, fNewl. Airport Board minutes of December 18, 2024. Motion to deny an application by King Star, 2035 E. Mitchell Avenue, for a Class B Retail Alcohol License. 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. Tobacco Permits a. SK Minimart, 306 Byron Avenue. Tobacco Device Permits a. Greenleaf Tobacco & E-Cigs, 1503 E. San Marnan Avenue, Device Retailer License. Page 6 of 13 Page 13 of 404 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 FYE 2025 Budget Amendment. Chiles/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Chiles/Nichols to close hearing. Voice vote -Ayes: Seven. Motion carried. Chiles/Nichols Resolution approving FYE 2025 Budget Amendment. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-076. Proposed funding recommendation set forth by the Housing Authority Board for the Five Year Capital Funds Action Plan for FY 2024-2028. Nichols/Creighton-Smith to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Nichols/Creighton-Smith to close the hearing. Voice vote -Ayes: Seven. Motion carried. Nichols/Creigthton-Smith 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. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025- 077. FY 2023 Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Protect, Contract No. 1062. Chiles/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Page 7 of 13 Page 14 of 404 Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Chiles/Wilder to close hearing. Voice vote -Ayes: Seven. Motion carried. Chiles/Wilder Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-078. Chiles/Wilder to receive, file, and instruct the City Clerk to read bids and refer to City Engineer for review. Voice vote -Ayes: Seven. Motion carried. Engineer's Estimate: $2,249,102.50 Aaron Crane Construction, LLC, Manchester, IA - 5% - $1,704,082.90 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 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. Feuss/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Feuss/Nichols to close the hearing and receive and file oral recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion carried. Feuss/Nichols 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 lots 5 and 6 of Woodland Knolls Addition, at 227 S. Hackett Road north of the intersection of S. Hackett Road and Oakcrest Drive. Roll Call vote - Ayes: Seven. Motion carried. Mr. Boesen questioned how buildings and concrete came to be on the easement in the first place. Noel Anderson, Community Planning and Development Director, shared that drafting staff is Page 8 of 13 Page 15 of 404 identifying these easements and move forward with corrections as appropriate. In this case, there is no reason to keep the easement as there are no utilities in there that are being impacted. Feuss/Nichols to suspend the rules. Roll Call vote -Ayes: Seven. Motion carried. Feuss/Nichols to consider and pass for the second and third times and adopt said ordinance. Roll Call vote - Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5781. Demolition and Site Clearance Services, Contract No. D-2025-01-03P. Boesen/Chiles to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Forest Dillavou, 1725 Huntington Road, commented that he does not believe the WDC and Black Hawk County Gaming is hurting the citizens of waterloo. Boesen/Chiles to close hearing and receive and file oral comments. Voice vote -Ayes: Seven. Motion carried. Boesen/Chiles Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-079. Aric Schroeder, City Planner, provided an overview of how funding will work with this project. Boesen/Chiles to receive, file, and instruct the City Clerk to read bids. Voice vote -Ayes: Seven. Motion carried. Engineer's Estimate: $150,000.00 Lehman Trucking & Excavating, Inc., Waterloo, IA - 5% - $215,484.00 D.W. Zinser Co., Walford, IA - 5% - $178,500.00 Lansing Bros. Construction Co., Inc., Luxemburg, IA - 5% - $293,800.00 Boesenl/Chiles 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. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-080. Page 9 of 13 Page 16 of 404 Boesen/Chiles 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. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-081. Demolition and Site Clearance Services, Contract No. D-2025-01-05P. Nichols/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Nichols/Wilder to close hearing. Voice vote -Ayes: Seven. Motion carried. Nichols/Wilder Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-082. Nichols/Wilder to receive, file, and instruct the City Clerk to read bids. Voice vote -Ayes: Seven. Motion carried. Engineer's Estimate: $85,000.00 Cedar Valley Excavating, Cedar Falls, IA - 5% - $77,210.00 Lehman Trucking & Excavating, Inc. Waterloo, IA - 5% - $67,341.00 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 Nichols/Wilder 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. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-083. RESOLUTIONS 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 Page 10 of 13 Page 17 of 404 Maintenance Management System Project, FAA AIP Grant No. 3-19-0094-0XX, and authorizing the Mayor and City Clerk to execute said document. Boesen/Chiles Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-084. 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. Boesen/Chiles Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-085. 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. Boesen/Chiles Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-086. 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. Feuss/Wilder David Dryer, 3145 W. 4th Street, questioned why this amount wasn't included in the original planning of the project. Mike Regan, Entrust Solutions, provided an overview of the construction management agreement. Eric Lage, Waterloo Fiber General Manager, provided further details regarding the construction, engineering and design of the project and shared that construction is ahead of schedule due, in part, to the fair weather. Mayor Hart questioned how much money the city saved thus far. Eric Lage shared that they are approximately eleven million under budget Mr. Boesen expressed concern at the monthly cost of the project and questioned if this amount will raise if we bring in additional crews. Eric Lage confirmed that this was part of the cost analysis and stated this could start as early as April. Conversely, if we do not meet the goal of linear feet, the cost will be renegotiated. Mr. Simon questioned how many crews are active. Page 11 of 13 Page 18 of 404 Eric Lage shared there are currently four crews. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-087. 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. Chiles/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-088. 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. Chiles/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-089. 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. Chiles/Creighton-Smith David Dryer, 3145 W. 4th Street, questioned the cost of the item. Aric Schroeder, City Planner, explained that asbestos was uncovered at the site and they are working with the DNR on removing the additional asbestos. The cost is hourly based but he estimates that the cost would likely be about twenty -thousand dollars. Mayor Hart commented on the need to process the removal of asbestos differently. Mr. Simon questioned what percentage of projects like this come back later with additional asbestos being uncovered. Aric Schroeder explained that it is fairly common due to hidden elements and despite the investigative efforts, sometimes this can happen. Mayor Hart commented that the amount of missed asbestos on this project was unexpected. The air monitoring is important to make sure this price doesn't go exponentially high. Mr. Boesen questioned if this is paid for with Community Development Block Grant funding. Page 12 of 13 Page 19 of 404 Mayor Hart commented that the majority is, but if there continues to be increases and the project turns to all RACM, we will have to come up with other ways to cover it. Aric Schroeder explained that the testing done to date, the demolition contract and change order approved earlier, is all anticipated to come through the HUD funds through Community Development. The monitoring is anticipated to come from elsewhere due to the limitation on the HUD funds. Ms. Creighton -Smith commented that she appreciates the monitoring. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-090. ADJOURNMENT Feuss/Nichols that the council adjourn at 6:50 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 13 of 13 Page 20 of 404 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 17, 2025 AGENDA ITEM TITLE Resolution approving the request by Andrea McGeough, for tax exemptions on the construction of a new 10-unit apartment complex valued at $1,800,000.00, for property located at 2539 W. 3rd Street, 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 Lewis Millers Small Farms All Lot 13 Exc W 25 Ft Page 21 of 404 ATTACHMENTS 1. 2539 W 3rd St CLURA Form 2. 2539 W 3rd St CLURA Map Page 22 of 404 of WA rr ZAIrifik% For O lIts I .Only boy xarit..1 x.tdia'd hy.� wall1a twit a1.45 Fr..1,444.l (ITV i.IM as URIIAN HI VI'1'ALIX.cI'1'ION .U'i'L.IC'A'CIUN FOR PRuPHRIYFASI\t11PIItINFOR CONS! 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Wr' & 7r 17 f)ulo p rnu1 Nrli Prised: 03312S(2 Colas lxrnuiisl v+lantiu1i kid? r " 1 C'IFYUPWAMERI.IX) - - APPROVIifl DA1r'1)-II1-R0I1I'DON +Ni) I)A:N1111) RUCK IIAWKCOUNTY ASSESSOR APPROVED DA FED: LJ, KoeniyafcIJ I)I+NIIiI i Mack 11awk Page 23 of 404 —HOME PARK BLVD — 4590 180 270 Feet W 3RD ST Esri Community Map ontributors, Iowa DNR, Cl/OpenStreetMap, Microsoft, Esri, TomTom, _e min, SafeGraph, GeoTech2ei(ogies, Inc, METI/NASA, USGS, EPA, NPS, :s' ensus Bureau, USDA, US/WS, Sources: Esri, Airbus DS, USGS, NGA, / A, CGIAR, N Robinson, N/CE'AS, NLS, OS, NMA, Geodatasty Rijkserstaat, GSA, Geoland, FEMA, Intermap and the GIS user comrw. \I / Page 24 of 404 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Resolution approving award of bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $1,565,749.39, approving the contract, bond and certificate of insurance, in conjunction with the FY 2023 Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Project, Contract No. 1062, 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 25 of 404 1. J25063 Sunnyside Creek Improvements 2. Peterson Contractors, Inc COI for City of Waterloo 3. J25063 Bonds Page 26 of 404 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF SUNNYSIDE CREEK IMPROVEMENTS WET DETENTION POND AND CHANNEL STABILIZATION PROJECT CITY OF WATERLOO, IOWA CONTRACT NO. 1062 This contract made and entered into this day of , 20_, by and between the City of Waterloo, Iowa, a Municipal Corporation , (hereinafter referred to as City), and PETERSON CONTRACTORS, INC. of REINBECK, IA, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 Contractor agrees to build and construct the SUNNYSIDE CREEK IMPROVEMENTS WET DETENTION POND AND CHANNEL STABILIZATION PROJECT, Contract No. 1062, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanlike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The late start date for commencing work shall be on or before April 30, 2025. Once work commences, periods of inactivity should be minimized. All items shall be completed on or before June 30, 2026. All work located outside of the City ROW south of Van Miller Way shall be completed by March 31, 2026. No access will be allowed to this property after this date. All other work items shall be completed on or before June 30, 2026. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. FORM OF CONTRACT AECOM #60680939 C-1 of 4 Sunnyside Creek Improvements City Contract No. 1062 Waterloo, Iowa Page 27 of 404 PAR. 7 PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any FORM OF CONTRACT AECOM #60680939 C-2 of 4 Sunnyside Creek Improvements City Contract No. 1062 Waterloo, Iowa Page 28 of 404 compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractors unit bid prices, and for which 100% surety bond is required, is $1,565,743.39. PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and cleanup said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT AECOM #60680939 C-3 of 4 Sunnyside Creek Improvements City Contract No. 1062 Waterloo, Iowa Page 29 of 404 CITY OF WATERLOO, IOWA Mayor City Clerk PETERSON CONTRACTORS, INC. Con BY: Title: PRESIDENT Approved by the City Council of the City of Waterloo, Iowa, this day of , 20_. ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT C-4 of 4 AECOM #60680939 City Contract No. 1062 Sunnyside Creek Improvements Waterloo, Iowa Page 30 of 404 PETECON-02 PATRA2 '4c L Ro CERTIFICATE OF LIABILITY INSURANCE �� DATE D/YYYY) 2/5/2/5/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Highstreet Insurance 302 Main St Suite 2 Cedar Falls, IA 50613-2721 CONTACT Zach Counsel! NAME: PHONE FAX (A/C, No, Ext): (319) 874-4242 (A/C, No): ADDRESS: zach.counsell@highstreetins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Greenwich Insurance Company 22322 INSURED Peterson Contractors, Inc. Reinbeck Motors Company, Inc. PO Box A/104 Blackhawk St Reinbeck, IA 50669 INSURER B : National Fire & Marine 20079 INSURER C : XL Specialty Insurance Company 37885 INSURER D : Zurich American Ins Co 16535 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X CGD745990203 7/1/2024 7/1/2025 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR REMI ETO(EaRENTEDoccurrence) PREMISES P $ 300,000 X Blanket Contractual MED EXP (Any one person) $ 10,000 X XCU Coverage PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES PRO-- X PER: LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 Retention $ 0 A AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUUTOS ONLY CAS745990303 7/1/2024 7/1/2025 COMBINED SINGLE LIMIT (Ea accident) 2,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY a E accident) DAMAGE $ Retention $ 0 B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 42-XSF-100514-09 7/1/2024 7/1/2025 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENTION $ Retention/Ded. $ 10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A CWD745990103 7/1/2024 7/1/2025 X PER STATUTE X TH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ D D Leased/Rented Equipm Installation Floater CPP9267064-12 CPP9267064-12 7/1/2024 7/1/2024 7/1/2025 7/1/2025 Per occurrence Per Occurrence 5,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: J25063, Project #1062, Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Project, City of Waterloo, IA. City of Waterloo is included as Additional Insured on the General Liability Policy. 30 Days notice of cancellation applies per written contract. CERTIFICATE HOLDER CANCELLATION Cityof Waterloo 715 Mulberry Street Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE * ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 31 of 404 POLICY NUMBER: CGD745990203 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE"OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. VARIOUS AS REQUIRED PER WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 Page 32 of 404 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 Page 33 of 404 POLICY NUMBER: CGD745990203 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. VARIOUS AS REQUIRED PER WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 Page 34 of 404 ENDORSEMENT # This endorsement, effective 12:01 a.m., 7/1/2024 ,forms a part of Policy No. CGD745990203 issued to PETERSON CONTRACTORS, INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Name of Person(s) or Entity(ies) Mailing Address: Number of Days Advanced Notice of Cancellation: AS PER SCHEDULE ON FILE WITH THE COMPANY. AS PER SCHEDULE ON FILE WITH THE COMPANY 30 All other terms and conditions of the Policy remain unchanged. IX! 405 0910 © 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Page 35 of 404 POLICY NUMBER: CAS745990303 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT IXI 405 0910 In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Name of Person(s) or Entity(ies) Mailing Address: Number of Days Advanced Notice of Cancellation: AS PER SCHEDULE ON FILE WITH THE COMPANY. AS PER SCHEDULE ON FILE WITH THE COMPANY. 30 All other terms and conditions of the Policy remain unchanged. IXI 405 0910 © 2010 K.L. America, Inc. All Rights Reserved. May not be copied without permission. Page 36 of 404 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 57 (Ed. 12/10) This endorsement, effective 12:01 a.m., July 1, 2024, forms a part of Policy No. CWD745990103 issued to PETERSON CONTRACTORS, INC. by XL Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Name of Person(s) or Entity(ies) Mailing Address: Number of Days Advanced Notice of Cancellation: AS PER SCHEDULE ON FILE WITH COMPANY AS PER SCHEDULE ON FILE WITH COMPANY 30 All other terms and conditions of the Policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective July 1, 2022 Insured PETERSON CONTRACTORS, INC. Insurance Company XL Specialty Insurance Company WC 99 06 57 Ed. 12/10 Policy No. CWD7459901 Endorsement No. Premium $Included Countersigned © 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Page 37 of 404 Cra5o4.3 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Peterson Contractors, Inc. Bond No. 108190655 of Reinbeck, IA (the "Principal"), and Travelers Casualty and Surety Company of America Of Hartford, CT (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of One Million Five Hundred Sixty Five Thousand Seven Hundred Forty Three and 39/100 Dollars ($ 1,565,743.39 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of Sunnyside Creek Improvements, Wet Detention Pond and Channel Stabilization Project, Contract No. 1062 . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion Tess the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to Tess than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. PERFORMANCE BOND AECOM #60680939 PFB-1 of 2 Sunnyside Creek Improvements City Contract No. 1062 Waterloo, Iowa Page 38 of 404 If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL Peterson Contractors, Inc. Title: president SURETY Title: Anne Crowner, Attorney -in -Fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PERFORMANCE BOND AECOM #60680939 PFB-2 of 2 Sunnyside Creek Improvements City Contract No. 1062 Waterloo, Iowa Page 39 of 404 Bond No. 108190655 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Peterson Contractors, Inc. (Name of Contractor) P.O. Box A, Reinbeck, IA 50669 (Address of Contractor) a Corporation hereinafter called Principal, (Corporation, Partnership or Individual) and, Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square, Hartford, CT 06183 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo, Iowa (Name of Owner) 715 Mulberry Street, Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of One Million Five Hundred Sixty Five Thousand, Seven Hundred Forty Three and 39/100 Dollars, ($ 1,565,743.39 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 20_, a copy of which is hereto attached and made a part hereof for the construction of: SUNNYSIDE CREEK IMPROVEMENTS WET DETENTION POND AND CHANNEL STABILIZATION PROJECT, CITY OF WATERLOO, IOWA CITY CONTRACT NO. 1062 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its PAYMENT BOND AECOM #60680939 PB-1 of 2 Sunnyside Creek Improvements City Contract No. 1062 Waterloo, Iowa Page 40 of 404 obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in Three (3) (number) counterparts, each one of which shall be deemed an original, this the day of , 20 ATTEST: (Principal) Secretary (SEAL) (Witness as to as to ncipal) P.O. Box A (Address) Reinbeck, IA 50669 Witness urety Sara Holmes, Murp y and Associates LLC 2727 Grand Prairie Parkway, Waukee, IA 50263 (Address) Peterson Contractors, Inc. Principal By b-'�® �►' `� (s) (Address) P.O. Box A Reinbeck, IA 50669 Travelers Casualty and Surety Company of America (Surety) Attorney -in -Fact Anne Crowner Holmes, Murphy and Associates LLC (Address) 2727 Grand Prairie Parkway, Waukee, IA 50263 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. (Address) If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PAYMENT BOND AECOM #60680939 PB-2 of 2 Sunnyside Creek Improvements City Contract No. 1062 Waterloo, Iowa Page 41 of 404 41116* TRAVELERS J Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Anne Crowner of WAUKEE , Iowa , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. State of Connecticut By: City of Hartford ss. Robert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this Kevin vin E. Hughes, Assistant To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attomey(s)-in-Fad and the details of the bond to which this Power of Attorney is attached. Page 42 of 404 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 17, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as March 3, 2025, for the sale and conveyance of City - owned property, a portion of Miriams Park, located east of 3843 Sager Avenue, to Waterloo Schools, in the amount of $1.00, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo is proposing to sell and convey a portion of Miriams Park for the development of the new Waterloo High School. The additional land will be used for an access drive from Sager Avenue to the new high school. The Board of Park Commission recommended approval of the request to sell the land to the Waterloo Schools. The approval of the sale and conveyance of a portion of Miriam's Park is subject to the retention of a access easement and utility easement as shown in the plat of survey. Parcel "F" as shown on the attached map (a 1.97 acre parcel) would be retained by the City of Waterloo for Miriams Park. Parcel "G" as shown on the attached map (a 5.15 acre parcel) would be sold to the Schools. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the area, as the additional access drive will help to decongest traffic along Huntington Road and Katoski Drive. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 43 of 404 ALTERNATIVE ACTION LEGAL DESCRIPTION PARCEL G: AN IRREGULAR SHAPED PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., WATERLOO, BLACK HAWK COUNTY, IOWA, ALL MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 5 IN CAPITAL PLAZA ADDITION, AN OFFICIAL PLAT, THENCE S01°14'16"E, A DISTANCE OF 113.58 FEET; THENCE S89°43'35"W, A DISTANCE OF 690.15 FEET TO THE WEST LINE OF LOT 14 IN CENTRAL HEIGHTS ADDITION, AN OFFICIAL PLAT; THENCE N01°17'13"W ALONG THE WEST LINE OF LOTS 14 THROUGH 8 INCLUSIVE, A DISTANCE OF 393.67 FEET TO THE NORTHEAST CORNER OF SAID LOT 8 AND TO THE SOUTH LINE OF LOT 6 IN SAID CENTRAL HEIGHTS ADDITION; THENCE N89°44'12"E ALONG THE SOUTH LINE OF LOT 6 THROUGH 1 INCLUSIVE IN SAID CENTRAL HEIGHTS ADDITION, A DISTANCE OF 363.23 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE N01 °10'56"W ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 119.82 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 AND TO THE SOUTH RIGHT OF WAY LINE OF SAGER AVENUE AS IT IS PRESENTLY ESTABLISHED; THENCE N89°42'31"E ALONG THE SOUTH RIGHT OF WAY LINE OF SAID SAGER AVENUE, A DISTANCE OF 112.42 FEET; THENCE S01°14'13"E, A DISTANCE OF 403.48 FEET; THENCE N88°45'47"E, A DISTANCE OF 214.70 FEET TO THE POINT OF BEGINNING. SUBJECT TO AND TOGETHER WITH ANY AND ALL EASEMENTS AND RESTRICTIONS OF RECORD. ATTACHMENTS 1. plat of survey 2-4-25 Page 44 of 404 INDEX LEGEND LOCATION: NE 1/4 SECTION 29-T89N-R13W REQUESTOR / OWNER : BOARD OF PARK COMMISSION SURVEYOR / RETURN TO: LARRY D HYLER, PLS COMPANY: BISHOP ENGINEERING, 3501 104TH ST. URBANDALE, IA 50322 (PH) 515-276-0467 LEGEND: • PROPERTY CORNER - FOUND AS NOTED O PROPERTY CORNER- PLACED 5/8" IRON ROD WITH YELLOW PLASTIC CAP ID # 14775 OR AS NOTED SECTION CORNER - FOUND AS NOTED M MEASURED DISTANCE () PREVIOUSLY RECORDED ROW RIGHT OF WAY POC POINT OF COMMENCEMENT POB POINT OF BEGINNING YPC YELLOW PLASTIC CAP OPC ORANGE PLASTIC CAP THIS PLAT OR SUBDIVISION HAS BEEN REVIEWED BY CITY OF WATERLOO: CITY PLANNER OR DESIGNEE NOTES: 1. SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE OPINION. EASEMENTS MAY EXIST THAT ARE NOT SHOWN. 2. BASIS OF BEARING OBTAINED FROM GPS OBSERVATIONS, DATUM = NAD 83, IOWA ZONE 5 (WATERLOO) 3. PARK BOARD WILL KEEP PARCEL F AND CONVEY PARCEL G TO THE SCHOOL DISTRICT. 4. PARCEL LETTERS ASSIGNED BY BLACK HAWK COUNTY AUDITOR 1-24-2025 PUBLIC UTILITIES EASEMENT: DATE PROPERTY DESCRIPTION: PARCEL F: PLAT OF SURVEY PARCEL F AND PARCEL G NE 1/4 SEC. 29 T89N R13W A RECTANGULAR SHAPED PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., WATERLOO, BLACK HAWK COUNTY, IOWA, ALL MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF LOT 8 IN CAPITAL PLAZA ADDITION, AN OFFICIAL PLAT, THENCE S01°14'33"E ALONG THE WEST LINE OF SAID LOT 8, A DISTANCE OF 104.97 FEET TO THE NORTHWEST CORNER OF LOT 7 IN SAID CAPITAL PLAZA ADDITION; THENCE S01°15'02"E ALONG THE WEST LINE OF LOTS 7, 6 AND 5 IN SAID CAPITAL PLAZA ADDITION, A DISTANCE OF 294.97 FEET TO THE SOUTHWEST CORNER OF SAID LOT 5; THENCE S88°45'47"W, A DISTANCE OF 214.70 FEET; THENCE N01°14'13"W, A DISTANCE OF 403.48 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAGER AVENUE AS IT IS PRESENTLY ESTABLISHED; THENCE N89°42'31"E ALONG THE SOUTH RIGHT OF WAY LINE OF SAID SAGER AVENUE, A DISTANCE OF 214.65 FEET TO THE POINT OF BEGINNING. SUBJECT TO AND TOGETHER WITH ANY AND ALL EASEMENTS AND RESTRICTIONS OF RECORD. CONTAINING 86,228 SQUARE FEET A 60.00 FOOT WIDE EASEMENT OVER, UNDER AND ACROSS THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., WATERLOO, BLACK HAWK COUNTY, IOWA, ALL MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN CENTRAL HEIGHTS ADDITION, AN OFFICIAL PLAT; THENCE S89°44'12"W ALONG THE SOUTH LINE OF LOTS 1,2 AND 3 IN SAID CENTRAL HEIGHTS ADDITION, A DISTANCE OF 153.15 FEET TO THE POINT OF BEGINNING; THENCE S05°59'05"E, A DISTANCE OF 90.87 FEET; THENCE S19°47'27"E, A DISTANCE OF 321.64 FEET; THENCE S89°43'35"W, A DISTANCE OF 63.66 FEET; THENCE N19°47'27"W, A DISTANCE OF 307.63 FEET; THENCE N05°59'05"W, A DISTANCE OF 104.14 FEET TO THE SOUTH LINE OF LOT 4 IN SAID CENTRAL HEIGHTS ADDITION; THENCE N89°44'12"E ALONG THE SOUTH LINE OF SAID LOTS 4 AND 3,A DISTANCE OF 60.30 FEET TO THE POINT OF BEGINNING. PARCEL G: AN IRREGULAR SHAPED PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., WATERLOO, BLACK HAWK COUNTY, IOWA, ALL MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 5 IN CAPITAL PLAZA ADDITION, AN OFFICIAL PLAT, THENCE S01°14'16"E, A DISTANCE OF 113.58 FEET; THENCE 589°43'35"W, A DISTANCE OF 690.15 FEET TO THE WEST LINE OF LOT 14 IN CENTRAL HEIGHTS ADDITION, AN OFFICIAL PLAT; THENCE N01°17'13"W ALONG THE WEST LINE OF LOTS 14 THROUGH 8 INCLUSIVE, A DISTANCE OF 393.67 FEET TO THE NORTHEAST CORNER OF SAID LOT 8 AND TO THE SOUTH LINE OF LOT 6 IN SAID CENTRAL HEIGHTS ADDITION; THENCE N89°44'12"E ALONG THE SOUTH LINE OF LOT 6 THROUGH 1 INCLUSIVE IN SAID CENTRAL HEIGHTS ADDITION, A DISTANCE OF 363.23 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE N01°10'56"W ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 119.82 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 AND TO THE SOUTH RIGHT OF WAY LINE OF SAGER AVENUE AS IT IS PRESENTLY ESTABLISHED; THENCE N89°42'31"E ALONG THE SOUTH RIGHT OF WAY LINE OF SAID SAGER AVENUE, A DISTANCE OF 112.42 FEET; THENCE S01°14'13"E, A DISTANCE OF 403.48 FEET; THENCE N88°45'47"E, A DISTANCE OF 214.70 FEET TO THE POINT OF BEGINNING. SUBJECT TO AND TOGETHER WITH ANY AND ALL EASEMENTS AND RESTRICTIONS OF RECORD. CONTAINING 224,654 SQUARE FEET + OQ z w W W tin z Z 3501 104th Street, Urbandale, IA 50322 Ph: 515-276-0467 Bil PLAT OF SURVEY BOARD OF PARK COMMISSION SAGER AVENUE WATERLOO, IOWA REFERENCE NUMBER: \\`\5",55 1IO Nq 4,n0,4i =W • LARRY D. vne N: HYLER, P.L.S. ' =z,, No. 14775 V i -Ov • "4' V' '- c oov • 0 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 PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. SIGNED: PRELIMINARY LARRY D. HYLER, P.L.S. 14775 LICENSE RENEWAL DATE: DEC. 31, 2026 PAGES OR SHEETS COVERED BY THIS SEAL. DATE: DRAWN BY: TEB PROJECT NUMBER: 240103 SHEET NUMBER: 1 OF 2 1 OF 1 Page 45 of 404 SAGER AVENUE 60' R.O.W.(PUBLIC STREET -ASPHALT SURFACE) FOUND MAGNETIC NAIL NW CORNER NE1/4-NE1/4 SEC.29-T89N-R13W 29.96'M N01°25'S1 "W�L� N89°42'31 "E o112.42'M N 89' 44' 14"E 1326.11'M N89'42'31 "E 214.65'M N89'44'36"E 499.96'M LOT 7 OWNER. JOEL HOPPE ZONED R-3 LOT 8 OWNER: REGINALD D. AND SHIRLEY K. HORAK ZONED:R-3 LOT 6 OWNER. OSCAR GUERRERO ZONEO:R-3 LOT 9 OWNER. CHAD A. HERRICK ZONED:R-3 LOT 10 OWNER: KELCEV GIFFORD ZONED:R-3 LOT 11 OWNER. HEATHER J. ELDRIDGE ZONED'.R-3 LOT 12 OWNER'. KATHRYN E. ZHORNE ZONED.R-3 HEIGHT= GEN' AgDIDION LOT 13 OWNER: WARREN KAAIHUE ZONED.R-3 LOT 14 OWNER: NICOLE R. SCHMITZ ZONED:R-3 LOT 15 OWNER: CAROL A. SORENSON ZONED.R-3 LOT 5 OWNER: RYAN L. AND GABRIELLE DURNIL ZONED:R-3 L HEIGHTS CEN jpffSON LOT 4 OWNER. DENNIS L. AND MARV J. JUEL ZONED:R-3 LOT 3 OWNER: STEVE AND CATHERINEJ. WOLF ZONED.R-3 (353.23') N89'44' 12"E 363.23'M (363.23') OWNER: SHEILA M. BURT ZONED:R-3 N89°44'12"E 60.30' N89°44'12"E - 153.15' 60.30' w zo o FOUND 1/2" I 0 Io IRON ROD w \ PARCEL 'G' \ 224,654 SF 5.15 AC 1. �FOUND 5/8" IRON ROD W/OPC /22561 (S89°25'01 "E, 363.02') ._ 26.31'M N01'15'51 "W (26.42') FOUND 1" PINCH PIPE GRAPHIC SCALE 80 0 40 80 SCALE:1"= 80' \ \ 119.82'M 10'S6"W�- 0 LOT 2 0 OWNER. SEJLA SISIC N ZONED'.R-3 CCO - \ \ LOT 1 \ 63.66' S89°43'35"W \ 1 9'X9' TELECOM EASEMENT BK 2004 PG 415 FOUND 1" PINCH PIPE FOUND 1" PINCH PIPE 7.0 �co M 0 O- z FOUND 1/2" IRON ROD POB PARCEL 'F' Lb PARCEL 'F' 86,228 SF 1.97 AC c (500') LOT 8 OWNER'. NORTH STAR COMMUN SERVICES ZONED.R-D \-- FOUND 1/2" IRON ROD W/YPC /2697 LOT 7 OWNER: METRO INVESTMENTS MULTI UNIT LLC ZONED.R-D �I0plr PLAZA LOT 6 OWNER'. METRO INVESTMENTS MULTI UNIT LLC ZONED:R-4 LOT 5 OWNER. METRO INVESTMENTS MULTI UNIT LLC ZONED:R-4 (500') FOUND 5/8" IRON ROD W/OPC #22561 • 690.15'M S89°43'35"W 214.70'M S88° 45' 47 "W FOUND 1/2" IRON ROD W/YPC /2697 zo POB PARCL 'G' M (S89°25'01 "E. 327.18') OWNER'.WATERLDO COMMUNITY SCHOOL DISTRICT PARCEL 'E' SURVEY 2018-00009458 FOUND 5/8" IRON ROD W/OPC /22561 NE COR. TRACT 'B' CENTRAL HEIGHTS ADD. WATERLOO 500.06'M N89'45'17"E PART NE1/4-NE1/4 FOUND 10' WITNESS CORNERS co - co 5/8" IRON ROD c co W/YPC /14775 oN z 4/- FOUND 5/8" IRON ROD W/OPC /22561 SE CORNER PARCEL 'E' FOUND 1/2" IRON ROD W/YPC 'ILLEGIBLE' NE CORNER SEC. 29-T89N-R13W FOUND 1" PINCH PIPE IN CONCRETE NE COR. LOT1 CAPITIAL PLAZA ADD. FOUND 1/2" IRON ROD W/YPC 12697 SE COR. LOT 4 CAPITAL PLAZA ADD. 3501 104th Street, Urbandale, IA 50322 Ph: 515-276-0467 Rif PLAT OF SURVEY BOARD OF PARK COMMISSION SAGER AVENUE WATERLOO, IOWA REFERENCE NUMBER: DRAWN BY: TEB PROJECT NUMBER: 240103 SHEET NUMBER: 20F2 Page 46 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as March 17, 2025, on the proposition of the issuance of not to exceed $4,200,000.00 General Obligation Bonds, for Essential Corporate Purposes, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution fixing date Not to Exceed $4,200,000.00 General Obligation Bonds (ECP-1). NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo (176) - PDF Combined Letter of Instruction Fix Dates ECP GCP 2025C GO BONDS Page 47 of 404 2. Waterloo (176) - Fix Date Proceedings ECP-1 2025C GO BONDS 3. Waterloo (176) - ECP-1 Notice of Hearing 2025C GO BONDS Page 48 of 404 rt AHLERS COONEY ATTORNEYS February 6, 2025 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ah lerslaw.com Re: Resolution fixing date of hearings for General Obligation Bonds Dear Kelley: Included with this letter are proceedings which fix the date of the public hearings on the issuance of the above -referenced bonds. The proceedings are for the meeting on Monday, February 17, 2025. They fix the date of the hearings for Monday, March 3, 2025. These proceedings also direct publication of the notices of public hearing prior to the March 3rd meeting. Notice of this meeting must be published at least once in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. As to the Essential Corporate Purpose portion of the issuance, the date of publication is not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the bonds. As to the General Corporate Purpose portions of the issuance, the date of publication is to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of bonds. In computing time, the date of publication should be excluded. If the last day falls on Sunday, the whole of the following Monday should be excluded. We recommend you publish all notices at the same time for convenience and consistency. They should be published between February 18th and February 20th, 2025. Additionally, as to the General Corporate Purpose portion of the issuance, at any time before the date of the hearing, a petition may be filed with the Clerk requesting that the issuance of the bonds be submitted to an election. To qualify, a petition must be signed by eligible electors equal to at least ten percent of the number who voted at the last regular municipal election (but not less than ten persons). If a valid petition is filed, please notify us as soon as possible since the hearing proceedings will have to be revised to cover the action taken by the Council in either abandoning the proposal to issue the Bonds or directing the County Commissioner to call a special election upon the question of issuing the Bonds. WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 Page 49 of 404 February 6, 2025 Page 2 Appeal to District Court. Section 384.25 of the Code of Iowa, provides that any resident or property owner of the City may appeal the decision to take additional action to issue the Bonds, to the District Court of a county in which any part of the city is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the Council exceeded its authority. Please send executed electronic scans of each of the proceedings, together with the publisher's affidavits of the publication of notices of hearings. We will send proceedings for the date of hearings in advance of the March 3rd meeting. If you have any questions, please do not hesitate to either write or call. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Bridgett Wood, Finance Manager, City of Waterloo (via email w/ encl.) Kim Bahr, Financial Analyst, City of Waterloo (via email w/ encl.) Randy Bennett, Public Works Division Manager (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 11310-176 4920-1625-3975, v. 1 Page 50 of 404 ITEMS TO INCLUDE ON AGENDA FOR THE COUNCIL MEETING ON FEBRUARY 17, 2025 CITY OF WATERLOO, IOWA Not to Exceed $4,200,000 General Obligation Bonds (ECP-1) • Resolution fixing date for a meeting on the proposition to issue. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 51 of 404 February 17, 2025 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: ******** 1 Page 52 of 404 Council Member introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $4,200,000 GENERAL OBLIGATION BONDS OF THE CITY OF WATERLOO, STATE OF IOWA (FOR ESSENTIAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $4,200,000 GENERAL OBLIGATION BONDS OF THE CITY OF WATERLOO, STATE OF IOWA (FOR ESSENTIAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Waterloo, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $4,200,000, as authorized by Section 384.25, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose project(s) as hereinafter described; and WHEREAS, before the Bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the Bonds and to receive oral and/or written objections from any resident or property owner of the City to such action. 2 Page 53 of 404 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council meet in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the 3rd day of March, 2025, for the purpose of taking action on the matter of the issuance of not to exceed $4,200,000 General Obligation Bonds, for essential corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of the opening, widening, extending, grading, and draining of the right-of- way of streets, highways, avenues, alleys and public grounds, and the removal and replacement of dead or diseased trees thereon; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of traffic control devices; the acquisition, construction, improvement, and installation of street lighting fixtures, connections, and facilities; the construction, reconstruction, and repair of sidewalks and pedestrian underpasses and overpasses, and the acquisition of real estate needed for such purposes; the acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; the acquisition, construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection, treatment, and disposal of sewage and industrial waste in a sanitary manner, and for the collection and disposal of surface waters and streams; the acquisition of peace officer communication equipment and other emergency services communication equipment and systems; the acquisition, restoration, or demolition of abandoned, dilapidated, or dangerous buildings, structures or properties or the abatement of a nuisance and for the establishment or funding of programs to provide for or assist in providing for the acquisition, restoration, or demolition of housing; the rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks; the reconstruction and improvement of dams; the equipping of fire, police and street departments; the acquiring, developing, and improving of a geographic computer data base system suitable for automated mapping and facilities management; the acquisition, construction, reconstruction, and improvement of all waterways, and real and personal property, useful for the protection or reclamation of property situated within the corporate limits of cities from floods or high waters, and for the protection of property in cities from the effects of flood waters, including the construction and improvement of levees. Section 2. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Subchapter III of Chapter 384 of the Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the Code of Iowa. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. 3 Page 54 of 404 Section 4. The notice of the proposed action to issue bonds shall be in substantially the following form: 4 Page 55 of 404 (To be published between: February 18, 2025 and February 20, 2025) NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $4,200,000 GENERAL OBLIGATION BONDS OF THE CITY (FOR ESSENTIAL CORPORATE PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa, will hold a public hearing on the 3rd day of March, 2025, at .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $4,200,000 General Obligation Bonds, for essential corporate purposes, to provide funds to pay the costs of the opening, widening, extending, grading, and draining of the right-of-way of streets, highways, avenues, alleys and public grounds, and the removal and replacement of dead or diseased trees thereon; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of traffic control devices; the acquisition, construction, improvement, and installation of street lighting fixtures, connections, and facilities; the construction, reconstruction, and repair of sidewalks and pedestrian underpasses and overpasses, and the acquisition of real estate needed for such purposes; the acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; the acquisition, construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection, treatment, and disposal of sewage and industrial waste in a sanitary manner, and for the collection and disposal of surface waters and streams; the acquisition of peace officer communication equipment and other emergency services communication equipment and systems; the acquisition, restoration, or demolition of abandoned, dilapidated, or dangerous buildings, structures or properties or the abatement of a nuisance and for the establishment or funding of programs to provide for or assist in providing for the acquisition, restoration, or demolition of housing; the rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks; the reconstruction and improvement of dams; the equipping of fire, police and street departments; the acquiring, developing, and improving of a geographic computer data base system suitable for automated mapping and facilities management; the acquisition, construction, reconstruction, and improvement of all waterways, and real and personal property, useful for the protection or reclamation of property situated within the corporate limits of cities from floods or high waters, and for the protection of property in cities from the effects of flood waters, including the construction and improvement of levees. The annual increase in property taxes as the result of the issuance on a residential property with an actual value of one hundred thousand dollars is estimated not to exceed $8.28. This estimate only considers the impact on property taxes of financing authority established by this hearing for the above -described project(s). The bond may be issued in one or more series over a number of years. Finance authority established by this hearing may be combined with 5 Page 56 of 404 additional finance authority, causing the estimate for the annual increase in property taxes for the entire issuance to be greater than the estimate stated herein. Changes in other levies may cause the actual annual increase in property taxes to vary. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Waterloo, State of Iowa, as provided by Section 384.25 of the Code of Iowa. Dated this day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (End of Notice) 6 Page 57 of 404 PASSED AND APPROVED this 17th day of February, 2025. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 7 Page 58 of 404 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (SEAL) Page 59 of 404 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Waterloo, in the County of Black Hawk, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a NOTICE OF PUBLIC HEARING (Not to Exceed $4,200,000 General Obligation Bonds) (ECP-1) of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the "Waterloo Courier", a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: WITNESS my official signature this (SEAL) 11310.176 4898-5264-7191, v. 1 , 2025. day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 60 of 404 ECP-1 (To be published between: February 18, 2025 and February 20, 2025) NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $4,200,000 GENERAL OBLIGATION BONDS OF THE CITY (FOR ESSENTIAL CORPORATE PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa, will hold a public hearing on the 3rd day of March, 2025, at .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $4,200,000 General Obligation Bonds, for essential corporate purposes, to provide funds to pay the costs of the opening, widening, extending, grading, and draining of the right-of-way of streets, highways, avenues, alleys and public grounds, and the removal and replacement of dead or diseased trees thereon; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of traffic control devices; the acquisition, construction, improvement, and installation of street lighting fixtures, connections, and facilities; the construction, reconstruction, and repair of sidewalks and pedestrian underpasses and overpasses, and the acquisition of real estate needed for such purposes; the acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto; the acquisition, construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection, treatment, and disposal of sewage and industrial waste in a sanitary manner, and for the collection and disposal of surface waters and streams; the acquisition of peace officer communication equipment and other emergency services communication equipment and systems; the acquisition, restoration, or demolition of abandoned, dilapidated, or dangerous buildings, structures or properties or the abatement of a nuisance and for the establishment or funding of programs to provide for or assist in providing for the acquisition, restoration, or demolition of housing; the rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks; the reconstruction and improvement of dams; the equipping of fire, police and street departments; the acquiring, developing, and improving of a geographic computer data base system suitable for automated mapping and facilities management; the acquisition, construction, reconstruction, and improvement of all waterways, and real and personal property, useful for the protection or reclamation of property situated within the corporate limits of cities from floods or high waters, and for the protection of property in cities from the effects of flood waters, including the construction and improvement of levees. The annual increase in property taxes as the result of the issuance on a residential property with an actual value of one hundred thousand dollars is estimated not to exceed $8.28. This estimate only considers the impact on property taxes of financing authority established by this hearing for the above -described project(s). The bond may be issued in one or more series over a number of years. Finance authority established by this hearing may be combined with additional finance authority, causing the estimate for the annual increase in property taxes for the Page 61 of 404 ECP-1 entire issuance to be greater than the estimate stated herein. Changes in other levies may cause the actual annual increase in property taxes to vary. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Waterloo, State of Iowa, as provided by Section 384.25 of the Code of Iowa. Dated this day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (End of Notice) Page 62 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as March 17, 2025, on the proposition of the issuance of not to exceed $700,000.00 General Obligation Bonds, for General Corporate Purposes, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution fixing date Not to Exceed $700,000.00 General Obligation Bonds (GCP-2). NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo (176) - PDF Combined Letter of Instruction Fix Dates ECP GCP 2025C GO BONDS Page 63 of 404 2. Waterloo (176) - Fix Date Proceedings GCP-2 2025C GO BONDS 3. Waterloo (176) - GCP-2 Notice of Hearing 2025C GO BONDS Page 64 of 404 rt AHLERS COONEY ATTORNEYS February 6, 2025 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ah lerslaw.com Re: Resolution fixing date of hearings for General Obligation Bonds Dear Kelley: Included with this letter are proceedings which fix the date of the public hearings on the issuance of the above -referenced bonds. The proceedings are for the meeting on Monday, February 17, 2025. They fix the date of the hearings for Monday, March 3, 2025. These proceedings also direct publication of the notices of public hearing prior to the March 3rd meeting. Notice of this meeting must be published at least once in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. As to the Essential Corporate Purpose portion of the issuance, the date of publication is not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the bonds. As to the General Corporate Purpose portions of the issuance, the date of publication is to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of bonds. In computing time, the date of publication should be excluded. If the last day falls on Sunday, the whole of the following Monday should be excluded. We recommend you publish all notices at the same time for convenience and consistency. They should be published between February 18th and February 20th, 2025. Additionally, as to the General Corporate Purpose portion of the issuance, at any time before the date of the hearing, a petition may be filed with the Clerk requesting that the issuance of the bonds be submitted to an election. To qualify, a petition must be signed by eligible electors equal to at least ten percent of the number who voted at the last regular municipal election (but not less than ten persons). If a valid petition is filed, please notify us as soon as possible since the hearing proceedings will have to be revised to cover the action taken by the Council in either abandoning the proposal to issue the Bonds or directing the County Commissioner to call a special election upon the question of issuing the Bonds. WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 Page 65 of 404 February 6, 2025 Page 2 Appeal to District Court. Section 384.25 of the Code of Iowa, provides that any resident or property owner of the City may appeal the decision to take additional action to issue the Bonds, to the District Court of a county in which any part of the city is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the Council exceeded its authority. Please send executed electronic scans of each of the proceedings, together with the publisher's affidavits of the publication of notices of hearings. We will send proceedings for the date of hearings in advance of the March 3rd meeting. If you have any questions, please do not hesitate to either write or call. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Bridgett Wood, Finance Manager, City of Waterloo (via email w/ encl.) Kim Bahr, Financial Analyst, City of Waterloo (via email w/ encl.) Randy Bennett, Public Works Division Manager (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 11310-176 4920-1625-3975, v. 1 Page 66 of 404 ITEMS TO INCLUDE ON AGENDA FOR THE COUNCIL MEETING ON FEBRUARY 17, 2025 CITY OF WATERLOO, IOWA Not to Exceed $700,000 General Obligation Bonds (GCP-2) • Resolution fixing date for a meeting on the proposition to issue. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 67 of 404 February 17, 2025 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: ******** 1 Page 68 of 404 Council Member introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS OF THE CITY OF WATERLOO, STATE OF IOWA (FOR GENERAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS OF THE CITY OF WATERLOO, STATE OF IOWA (FOR GENERAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Waterloo, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $700,000, as authorized by Section 384.26, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out general corporate purpose project(s) as hereinafter described; and WHEREAS, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $934,570; and WHEREAS, before the Bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to issue such Bonds and the right to petition for an election. 2 Page 69 of 404 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council meet in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the 3rd day of March, 2025, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, for general corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of the construction, reconstruction, improvement, renovation, and equipping of downtown parking ramps and garages; the construction, reconstruction, improvement, renovation and equipping of public works garages and facilities; the equipping of city utilities, public improvements and city buildings, including the acquisition of vehicles and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the following form: 3 Page 70 of 404 (To be published between: February 18, 2025 and February 20, 2025) NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS OF THE CITY (FOR GENERAL CORPORATE PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa, will hold a public hearing on the 3rd day of March, 2025, at .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds, for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum, the Bonds to be issued to provide funds to pay the costs of the construction, reconstruction, improvement, renovation, and equipping of downtown parking ramps and garages; the construction, reconstruction, improvement, renovation and equipping of public works garages and facilities; the equipping of city utilities, public improvements and city buildings, including the acquisition of vehicles. At any time before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 of the Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Waterloo, State of Iowa, as provided by Section 384.26 of the Code of Iowa. Dated this day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (End of Notice) 4 Page 71 of 404 PASSED AND APPROVED this 17th day of February, 2025. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 5 Page 72 of 404 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (SEAL) Page 73 of 404 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Waterloo, in the County of Black Hawk, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a NOTICE OF PUBLIC HEARING (Not to Exceed $700,000 General Obligation Bonds) (GCP-2) of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the "Waterloo Courier", a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: WITNESS my official signature this (SEAL) 11310.176 4897-7905-0519, v. 1 , 2025. day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 74 of 404 GCP-2 (To be published between: February 18, 2025 and February 20, 2025) NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS OF THE CITY (FOR GENERAL CORPORATE PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa, will hold a public hearing on the 3rd day of March, 2025, at .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds, for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum, the Bonds to be issued to provide funds to pay the costs of the construction, reconstruction, improvement, renovation, and equipping of downtown parking ramps and garages; the construction, reconstruction, improvement, renovation and equipping of public works garages and facilities; the equipping of city utilities, public improvements and city buildings, including the acquisition of vehicles. At any time before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 of the Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Waterloo, State of Iowa, as provided by Section 384.26 of the Code of Iowa. Dated this day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (End of Notice) Page 75 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as March 17, 2025, on the proposition of the issuance of not to exceed $900,000.00 General Obligation Bonds, for General Corporate Purposes, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution fixing date Not to Exceed $900,000 General Obligation Bonds (GCP-3). NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo (176) - PDF Combined Letter of Instruction Fix Dates ECP GCP 2025C GO BONDS Page 76 of 404 2. Waterloo (176) - Fix Date Proceedings GCP-3 2025C GO BONDS 3. Waterloo (176) - GCP-3 Notice of Hearing 2025C GO BONDS Page 77 of 404 rt AHLERS COONEY ATTORNEYS February 6, 2025 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ah lerslaw.com Re: Resolution fixing date of hearings for General Obligation Bonds Dear Kelley: Included with this letter are proceedings which fix the date of the public hearings on the issuance of the above -referenced bonds. The proceedings are for the meeting on Monday, February 17, 2025. They fix the date of the hearings for Monday, March 3, 2025. These proceedings also direct publication of the notices of public hearing prior to the March 3rd meeting. Notice of this meeting must be published at least once in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. As to the Essential Corporate Purpose portion of the issuance, the date of publication is not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the bonds. As to the General Corporate Purpose portions of the issuance, the date of publication is to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of bonds. In computing time, the date of publication should be excluded. If the last day falls on Sunday, the whole of the following Monday should be excluded. We recommend you publish all notices at the same time for convenience and consistency. They should be published between February 18th and February 20th, 2025. Additionally, as to the General Corporate Purpose portion of the issuance, at any time before the date of the hearing, a petition may be filed with the Clerk requesting that the issuance of the bonds be submitted to an election. To qualify, a petition must be signed by eligible electors equal to at least ten percent of the number who voted at the last regular municipal election (but not less than ten persons). If a valid petition is filed, please notify us as soon as possible since the hearing proceedings will have to be revised to cover the action taken by the Council in either abandoning the proposal to issue the Bonds or directing the County Commissioner to call a special election upon the question of issuing the Bonds. WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 Page 78 of 404 February 6, 2025 Page 2 Appeal to District Court. Section 384.25 of the Code of Iowa, provides that any resident or property owner of the City may appeal the decision to take additional action to issue the Bonds, to the District Court of a county in which any part of the city is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the Council exceeded its authority. Please send executed electronic scans of each of the proceedings, together with the publisher's affidavits of the publication of notices of hearings. We will send proceedings for the date of hearings in advance of the March 3rd meeting. If you have any questions, please do not hesitate to either write or call. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Bridgett Wood, Finance Manager, City of Waterloo (via email w/ encl.) Kim Bahr, Financial Analyst, City of Waterloo (via email w/ encl.) Randy Bennett, Public Works Division Manager (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 11310-176 4920-1625-3975, v. 1 Page 79 of 404 ITEMS TO INCLUDE ON AGENDA FOR THE COUNCIL MEETING ON FEBRUARY 17, 2025 CITY OF WATERLOO, IOWA Not to Exceed $900,000 General Obligation Bonds (GCP-3) • Resolution fixing date for a meeting on the proposition to issue. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 80 of 404 February 17, 2025 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: ******** 1 Page 81 of 404 Council Member introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $900,000 GENERAL OBLIGATION BONDS OF THE CITY OF WATERLOO, STATE OF IOWA (FOR GENERAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $900,000 GENERAL OBLIGATION BONDS OF THE CITY OF WATERLOO, STATE OF IOWA (FOR GENERAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Waterloo, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $900,000, as authorized by Section 384.26, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out general corporate purpose project(s) as hereinafter described; and WHEREAS, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $934,570; and WHEREAS, before the Bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to issue such Bonds and the right to petition for an election. 2 Page 82 of 404 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council meet in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the 3rd day of March, 2025, for the purpose of taking action on the matter of the issuance of not to exceed $900,000 General Obligation Bonds, for general corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of the construction, reconstruction, improvement, renovation, and equipping of recreation buildings and grounds, libraries, parks, golf courses, sporting facilities, community centers, and other public buildings and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the following form: 3 Page 83 of 404 (To be published between: February 18, 2025 and February 20, 2025) NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $900,000 GENERAL OBLIGATION BONDS OF THE CITY (FOR GENERAL CORPORATE PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa, will hold a public hearing on the 3rd day of March, 2025, at .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $900,000 General Obligation Bonds, for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum, the Bonds to be issued to provide funds to pay the costs of the construction, reconstruction, improvement, renovation, and equipping of recreation buildings and grounds, libraries, parks, golf courses, sporting facilities, community centers, and other public buildings. At any time before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 of the Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Waterloo, State of Iowa, as provided by Section 384.26 of the Code of Iowa. Dated this day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (End of Notice) 4 Page 84 of 404 PASSED AND APPROVED this 17th day of February, 2025. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 5 Page 85 of 404 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (SEAL) Page 86 of 404 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Waterloo, in the County of Black Hawk, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a NOTICE OF PUBLIC HEARING (Not to Exceed $900,000 General Obligation Bonds) (GCP-3) of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the "Waterloo Courier", a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: WITNESS my official signature this (SEAL) 11310.176 4931-7519-1575, v. 1 , 2025. day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 87 of 404 GCP-3 (To be published between: February 18, 2025 and February 20, 2025) NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $900,000 GENERAL OBLIGATION BONDS OF THE CITY (FOR GENERAL CORPORATE PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa, will hold a public hearing on the 3rd day of March, 2025, at .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $900,000 General Obligation Bonds, for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum, the Bonds to be issued to provide funds to pay the costs of the construction, reconstruction, improvement, renovation, and equipping of recreation buildings and grounds, libraries, parks, golf courses, sporting facilities, community centers, and other public buildings. At any time before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 of the Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Waterloo, State of Iowa, as provided by Section 384.26 of the Code of Iowa. Dated this day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (End of Notice) Page 88 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as March 17, 2025, on the proposition of the issuance of not to exceed $600,000.00 General Obligation Bonds, for General Corporate Purposes, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution Fixing date Not to Exceed $600,000 General Obligation Bonds (GCP-4). NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo (176) - PDF Combined Letter of Instruction Fix Dates ECP GCP 2025C GO BONDS Page 89 of 404 2. Waterloo (176) - Fix Date Proceedings GCP-4 2025C GO BONDS 3. Waterloo (176) - GCP-4 Notice of Hearing 2025C GO BONDS Page 90 of 404 rt AHLERS COONEY ATTORNEYS February 6, 2025 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ah lerslaw.com Re: Resolution fixing date of hearings for General Obligation Bonds Dear Kelley: Included with this letter are proceedings which fix the date of the public hearings on the issuance of the above -referenced bonds. The proceedings are for the meeting on Monday, February 17, 2025. They fix the date of the hearings for Monday, March 3, 2025. These proceedings also direct publication of the notices of public hearing prior to the March 3rd meeting. Notice of this meeting must be published at least once in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. As to the Essential Corporate Purpose portion of the issuance, the date of publication is not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the bonds. As to the General Corporate Purpose portions of the issuance, the date of publication is to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of bonds. In computing time, the date of publication should be excluded. If the last day falls on Sunday, the whole of the following Monday should be excluded. We recommend you publish all notices at the same time for convenience and consistency. They should be published between February 18th and February 20th, 2025. Additionally, as to the General Corporate Purpose portion of the issuance, at any time before the date of the hearing, a petition may be filed with the Clerk requesting that the issuance of the bonds be submitted to an election. To qualify, a petition must be signed by eligible electors equal to at least ten percent of the number who voted at the last regular municipal election (but not less than ten persons). If a valid petition is filed, please notify us as soon as possible since the hearing proceedings will have to be revised to cover the action taken by the Council in either abandoning the proposal to issue the Bonds or directing the County Commissioner to call a special election upon the question of issuing the Bonds. WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 Page 91 of 404 February 6, 2025 Page 2 Appeal to District Court. Section 384.25 of the Code of Iowa, provides that any resident or property owner of the City may appeal the decision to take additional action to issue the Bonds, to the District Court of a county in which any part of the city is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the Council exceeded its authority. Please send executed electronic scans of each of the proceedings, together with the publisher's affidavits of the publication of notices of hearings. We will send proceedings for the date of hearings in advance of the March 3rd meeting. If you have any questions, please do not hesitate to either write or call. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Bridgett Wood, Finance Manager, City of Waterloo (via email w/ encl.) Kim Bahr, Financial Analyst, City of Waterloo (via email w/ encl.) Randy Bennett, Public Works Division Manager (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 11310-176 4920-1625-3975, v. 1 Page 92 of 404 ITEMS TO INCLUDE ON AGENDA FOR THE COUNCIL MEETING ON FEBRUARY 17, 2025 CITY OF WATERLOO, IOWA Not to Exceed $600,000 General Obligation Bonds (GCP-4) • Resolution fixing date for a meeting on the proposition to issue. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 93 of 404 February 17, 2025 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: ******** 1 Page 94 of 404 Council Member introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $600,000 GENERAL OBLIGATION BONDS OF THE CITY OF WATERLOO, STATE OF IOWA (FOR GENERAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $600,000 GENERAL OBLIGATION BONDS OF THE CITY OF WATERLOO, STATE OF IOWA (FOR GENERAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Waterloo, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $600,000, as authorized by Section 384.26, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out general corporate purpose project(s) as hereinafter described; and WHEREAS, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $934,570; and WHEREAS, before the Bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to issue such Bonds and the right to petition for an election. 2 Page 95 of 404 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council meet in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the 3rd day of March, 2025, for the purpose of taking action on the matter of the issuance of not to exceed $600,000 General Obligation Bonds, for general corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of the construction, reconstruction, enlargement, improvement and equipping of city hall, recreational buildings, fire stations, police stations, downtown parking ramps, libraries and other public buildings, including security and technology upgrades and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the following form: 3 Page 96 of 404 (To be published between: February 18, 2025 and February 20, 2025) NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $600,000 GENERAL OBLIGATION BONDS OF THE CITY (FOR GENERAL CORPORATE PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa, will hold a public hearing on the 3rd day of March, 2025, at .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $600,000 General Obligation Bonds, for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum, the Bonds to be issued to provide funds to pay the costs of the construction, reconstruction, enlargement, improvement and equipping of city hall, recreational buildings, fire stations, police stations, downtown parking ramps, libraries and other public buildings, including security and technology upgrades. At any time before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 of the Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Waterloo, State of Iowa, as provided by Section 384.26 of the Code of Iowa. Dated this day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (End of Notice) 4 Page 97 of 404 PASSED AND APPROVED this 17th day of February, 2025. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 5 Page 98 of 404 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (SEAL) Page 99 of 404 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Waterloo, in the County of Black Hawk, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a NOTICE OF PUBLIC HEARING (Not to Exceed $600,000 General Obligation Bonds) (GCP-4) of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the "Waterloo Courier", a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: WITNESS my official signature this (SEAL) 11310.176 4902-6617-9863, v. 1 , 2025. day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 100 of 404 GCP-4 (To be published between: February 18, 2025 and February 20, 2025) NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $600,000 GENERAL OBLIGATION BONDS OF THE CITY (FOR GENERAL CORPORATE PURPOSES), AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa, will hold a public hearing on the 3rd day of March, 2025, at .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $600,000 General Obligation Bonds, for general corporate purposes, bearing interest at a rate of not to exceed nine (9) per centum per annum, the Bonds to be issued to provide funds to pay the costs of the construction, reconstruction, enlargement, improvement and equipping of city hall, recreational buildings, fire stations, police stations, downtown parking ramps, libraries and other public buildings, including security and technology upgrades. At any time before the date of the meeting, a petition, asking that the question of issuing such Bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City in the manner provided by Section 362.4 of the Code of Iowa, pursuant to the provisions of Section 384.26 of the Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue said Bonds. This notice is given by order of the City Council of the City of Waterloo, State of Iowa, as provided by Section 384.26 of the Code of Iowa. Dated this day of , 2025. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (End of Notice) Page 101 of 404 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 17, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as March 3, 2025, for the sale and conveyance of city - owned property located at 1651 Sycamore Street in the amount of $1.00, and to approve a Development Agreement with Crystal Distribution Services, Inc., with a Minimum Assessment Agreement of $659,060.00 for the rehab of the existing building, and construction of a 5,000 square foot maintenance shop, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to set the date of public hearing as March 3, 2025, for the sale and conveyance of city -owned property located east of 1651 Sycamore Street in the amount of $1.00, and to approve a Development Agreement with Crystal Distribution Services, Inc., with a Minimum Assessment Agreement of $659,060.00 for the rehab of the existing building, and construction of a 5,000 square foot maintenance shop, and instruct the City Clerk to publish notice. The City acquired 1651 Sycamore Street from Gift of Life Church, and Crystal Distribution would like to make improvements to the building, which include office space, employee wellness center and construct a maintenance shop of no less than 5,000 square feet. The estimated investment is approximately no less than $600,000.00. The church did not pay property taxes as it is exempt, and the current assessed value of the building and land is $86,770. The new minimum assessed value of the building and land after improvements are done are estimated to not be less than $659,060.00, and increase of $572,290.00. NEIGHBORHOOD IMPACT Transfer of this building will have a positive impact to the area and city, as rehab of the building by a private owner will put it back on the tax rolls, as well as continued investment in the Rath TIF District. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 102 of 404 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION The Northwesterly 29.75 feet of Lot 17; and Lots 18 through 21; All in Block 1, "Morning Side Addition" in Waterloo, Iowa. ATTACHMENTS 1. Development Agreement 2. Aerial Map of 1651 Sycamore St Page 103 of 404 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2024, by and between Crystal Distribution Services, Inc. (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Rath Urban Renewal and Redevelopment Area ("Urban Renewal Area"). B. Company is willing and able to finance and undertake renovation of an existing structure, construction of a new commercial building, and make related improvements on property legally described on Exhibit "A" attached hereto (the "Property") located in the Urban Renewal Area at 1651 Sycamore Street. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company in its as -is condition for the sum of $1.00 (the "Purchase Price"). Page 104 of 404 Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes. Company is responsible to conduct its own due diligence and inspections. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Improvements (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 2. Improvements by Company. Company shall (a) remove and properly dispose of all debris and unwanted furnishings, fixtures and other personal property from the Property, (b) rehabilitate the existing structure on the Property to include office space, employee wellness center and other related uses, (c) construct a maintenance shop of no less than 5,000 square feet, and (d) make other improvements to the building and grounds, including but not limited to parking, streetscaping, storm water, paving and signage improvements (collectively, the "Improvements"), at an estimated investment of no less than approximately $600,000.00. All removal and disposal of asbestos or other hazardous materials shall strictly conform to applicable law, rule or ordinance governing the handling and disposal of such materials. The Improvements shall be constructed in accordance with the terms of this Agreement and with all applicable City, state, and federal building codes, shall comply with all applicable City ordinances and other applicable law. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed, including but not limited to final permit inspections. The Property, the Improvements, and all other work to make the project site usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for 2 Page 105 of 404 review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to offer the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadline to complete. Company must obtain a building permit and begin the work no later than six (6) months after the date of this Agreement (the "Start Date") and Substantially Complete the Improvements within fourteen (14) months after the date of this Agreement (the "Project Completion Date"). For purposes of this Agreement, "Substantially Complete" means the date on which 3 Page 106 of 404 the Improvements have been completed pursuant to the Plans or Modified Plans to the extent necessary for City to issue a certificate of occupancy relating thereto and City has also verified that any Project element for which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or reverter of title. If Company does not begin the Project or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 13, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 13, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project, or to compensate Company for any value added to the City Property by any Improvements, or to refund the Purchase Price in whole or in part. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the City Property in addition to exercising any other available remedies. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 6. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $659,060.00 (the "Minimum Actual Value"), through: 4 Page 107 of 404 either; (a) willful destruction of the Property, the Improvements, or any part of (b) a request to the assessor of Black Hawk County; or (c) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 7. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. During construction of the Improvements and thereafter until the MAA termination date Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until the MAA termination date Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of 5 Page 108 of 404 the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Until the MAA termination date Company agrees that it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property conveyed to it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit, exemption or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law or City ordinance, of the taxation of real property included within the Property. 8. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 9. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It 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. B. This Agreement has been duly and validly executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding 6 Page 109 of 404 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. C. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. D. 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. E. 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. 10. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties" and each an "indemnified party") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's acquisition of the same or resulting from any defect in the Improvements, other than any grossly negligent act or omission or willful misconduct on the part of any such indemnified party with regard to the foregoing. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any negligent act or omission or willful misconduct of any person, other than any negligent act or omission or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the 7 Page 110 of 404 indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 11. 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. 12. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. (Reserved); C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) 8 Page 111 of 404 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. 13. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed 9 Page 112 of 404 as a waiver of any other or any subsequent default and shall not impair any such right or power. 14. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 15. 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. 16. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 17. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1656 Sycamore Street, Waterloo, Iowa 50703, Attention: President. 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 10 Page 113 of 404 transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 18. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 19. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 20. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 21. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 22. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 23. Governing Law; Litigation. This Agreement shall be governed by and construed and interpreted in accordance with the internal laws of the State of Iowa. The parties hereby agree and consent, with respect to any action to enforce or defend any claim, counterclaim, cross -claim, cause of action, or any matter arising from or in any way related to this Agreement or the transactions contemplated hereby, (a) to WAIVE ANY RIGHT TO A TRIAL BY JURY; (b) to submit to the exclusive jurisdiction of the Iowa District Court for Black Hawk County; and (c) to irrevocably waive, to the fullest extent possible, the defense of any inconvenient forum or improper venue to the maintenance of any such action or proceeding. 11 Page 114 of 404 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 26. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 12 Page 115 of 404 CITY OF WATERLOO, IOWA CRYSTAL DISTRIBUTION SERVICES, INC. By: By: Quentin M. Hart, Mayor Thomas J. Poe, President Attest: Kelley Felchle, City Clerk 13 Page 116 of 404 EXHIBIT "A" Legal Description of Property The Northwesterly 29.75 feet of Lot 17; and Lots 18 through 21; All in Block 1, "Morning Side Addition" in Waterloo, Iowa. Page 117 of 404 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , by and among the CITY OF WATERLOO, IOWA ("City"), Crystal Distribution Services, Inc. ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the Rath Urban Renewal and Redevelopment Plan area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $659,060.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by June 30, 2026 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. 2 Page 118 of 404 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2056. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or 3 Page 119 of 404 (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 4 Page 120 of 404 CITY OF WATERLOO, IOWA CRYSTAL DISTRIBUTION SERVICES, INC. By: By: Quentin Hart, Mayor Thomas J. Poe, President By: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK On this day of , before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public 5 Page 121 of 404 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Subscribed and sworn to before me on , by Thomas J. Poe as President of Crystal Distribution Services, Inc. Notary Public 6 Page 122 of 404 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Six Hundred Fifty -Nine Thousand Sixty and 00/100 Dollars ($659,060.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 123 of 404 Page 124 of 404 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 13, 2025, and date of public hearing as March 17, 2025, in conjunction with the FY 2025 Asphalt Overlay Program, Contract No. 1115, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Overlay list Page 125 of 404 Page 126 of 404 Street *Greenhill Road Ridgeway Avenue West Independence Avenue Walnut Street W. Parker Street Prince Street F.Y. 2025 ASPHALT OVERLAY PROGRAM To Maynard Avenue Black Hawk Creek Bridge Barclay Street R/R Tracks Ackermant Street Lamont Street From Hwy 218 West City Limits Idaho Street Barclay Street Hyw 63 Wyoming Street *Includes 300 feet of Rainbow Drive, East and West of Greenhill Road. Ward 1 1 4 4 3 4 Block(s) 400-1000 bik 2900-3900 blk 100-1200 blk 900 bik 100-400 blks 100 blk May 9, 2024 Page 127 of 404 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 6, 2025, and date of public hearing as March 17, 2025, in conjunction with the FY 2025 East and West San Marnan Drive Reconstruction Project, Contract No. 1116, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Hwy 21 to Banker's Blvd. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 128 of 404 None Page 129 of 404 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 13, 2025, and date of public hearing as March 17, 2025, in conjunction with the FY 2025 ACC Reconstruction Project, Contract No. 1117, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION STREET W. Mullan Avenue E. Orange Road W. Parker Street FROM Washington Street 1,000 ft east of Hammond Avenue Ackermant Street NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES TO Leland Aenue Hammond Avenue Broadway Street IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 130 of 404 ATTACHMENTS None Page 131 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Todd Derifield, Leisure Services Interim Director Leisure Services Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Motion to approve the appointment of Collin Widdel from the current Civil Service List to the position of Mechanic in the Leisure Services Department, effective February 26, 2025. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 132 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Communication from the Library Department on the notice of the conclusion of employment of Sherry Frost, Library Aide, effective January 31, 2025, with recommendation of approval of payout of $1,746.72 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. FROST 2.17.2025 Page 133 of 404 Page 134 of 404 CITY OF �J« �TERLOO IOWA Community of Opportunity Today's Date: 1/23/2025 Department: Library City Council Notice of Employment Severance Effective Date: 1/31/2025 Job Classification: Library Aide Employment Date: 8/30/1994 Employee Name: Sherry Frost The employment with the named City of Waterloo employee has been severed by reason of: • Retired Disability Related ❑ No C7 Yes • Resigned ❑ Termination • Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Vacation -Accrued Total Hours (x) Hourly Rate Payout 72 $ 24.26 $ 1,746.72 Vacation -Current $ Usable Sick Leave 25% $ Casual Hours $ Comp Time Pay $ Unscheduled Leave $ Other Pay Total Payment $ 1,746.72 Comments Accurals frozen on 2/9/24 Approved by /l2e 1,96. Human Resources Date Date 01/24/2025 Council Agenda Date: 2/17/2025 KMW Page 135 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Communication from the Fire Department on the notice of the conclusion of employment of Michael Gibbons, Fire Lieutenant, effective January 6, 2025, with a recommendation of approval of payout of $ 12,633.22 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. GIBBONS PAYOUT 2.17.2025 Page 136 of 404 Page 137 of 404 CITY OF %!VfATERLO0 IOWA To: City Council Members Re: Notice of Severance Department Waterloo Fire Rescue Job Title/Classification Fire Lieutenant Today's Date: 1/30/2025 Effective Date: 1/6/2025 Employment Date: 7i/52000 This is to report that the employment of Michael Gibbons with the City of Waterloo has been severed by reason of: D Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: J 4.73 $ 33.69 $ 159.50 264.00 $ 33.69 $ 8,894.16 0.00 $ 33.69 $ - $ 33.69 $ 106.25 $ 33.69 $ 3,579.56 $ 33.69 $ $ 33.69 $ - Total Payment $ 12,633.22 Approved by Human Resources /1 4C-B'& PG��2j� Date 1/30/2025 01/30/2025 Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Council Agenda Date: 2/17/2025 KMW ❑ Accruals ❑Status Q9 Page 138 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Communication from the Fire Department on the notice of the conclusion of employment of Shane Schellhorn, Fire Engineer, effective January 7, 2025, with recommendation of approval of payout of $9,584.58 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. SCHELLHORN PAYOUT 2.17.2025 Page 139 of 404 Page 140 of 404 CITY OF %94TERLO 0 To: City Council Members Re: Notice of Severance Department Waterloo Fire Rescue Today's Date: 1/3 0/225 Effective Date: 1/7/2025 Employment Date: 5/5/1997 Job Title/Classification Fire Engineer This is to report that the employment of Shane Schellhorn with the City of Waterloo has been severed by reason of: 2 Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: 5.52 $ 31.84 $ 175.86 288.00 $ 31.84 $ 9,169.92 0.00 $ 31.84 $ - $ 31.84 $ 7.50 $ 31.84 $ 238.80 $ 31.84 $ $ 31.84 $ - Total Payment $ 9,584.58 Approved by s ' ---sue . Date 01-30-2025 P4de- /. 01-30-2025 Human Resources Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Council Agenda Date: 2/17/2025 KMW ❑ Accruals ❑Status 09 Page 141 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department February 17, 2025 AGENDA ITEM TITLE Leona Middleton, Board/Commission: Community Development Board, Expiration Date: February 17, 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 - Leona Middleton Page 142 of 404 CITY OF TERLOO CITY OF WATERLOO, IOWA COihm"'"'" ppo"'"'" BOARDS & COMMISSIONS APPLICATION Date: 01 /27/2025 Leona Middleton (Name) 1 Community Development Board , request to be appointed to (state preference): 2. Home Phone: Cell Phone: 319-504-1178 Work Phone: Email Address Imidd11881@aol.com Home Address 4013 Homer Street Waterloo Employer Retired Title Deputy Zip Code 50703 Employer Address Zip Code How long have you resided in Waterloo? yrs Email address: List current membership in organizations and offices ?iDe City Church am available for meetings: A.M. P.M. Noon I am available to serve on a Board/Commission the entire year: not able to serve: T E r Qveningg Yes No If no, list months Ig f�ji 4�4 1f irYvOr lfia % W94-14Volli94N if9ra Icl@gliigAAlgtilingt(21k8R-01§06,Ate with a Degree in Business Management A,a`i t , N-iRPAg idtarrVMOMtagyWQpg Idd 4►MO it8i-MRi i 1Ai R if8YrrP by serving this position Siong Norte-Hauptly P.O. Box 104 Waterloo, la 50704 FaVg0g#l6d4uOrgurcrb4W. Donald Waterloo, la 50703 (319) 231-3601 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 trai^i^^ c^cc ^^c Thies ^nnr^^+;^„ ~Amain valid and on file for one calendar year from above date. Signature RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA Rev02/20/2020 50703 FAX 291-4286; EMAIL: mayorawaterloo-ia.org; PHONE 291-4301 Page 143 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Cultural & Arts Department February 17, 2025 AGENDA ITEM TITLE Angela Beck, Board/Commission: Cultural and Arts Commission, Expiration Date: March 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. Angela Beck Application 2025 Page 144 of 404 CITY OF / l<<.TERLOO CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION RECEIVED JAN 14 2014 Date:January 9, 2025 I Angela Beck (Name) 1.Cultural and Arts Commission , request to be appointed to (state preference): 2. Horne Phone: Cell Phone:319-939-6601 Work Phone: Email Address angbeck09@gmail.com Home Address 1994 Newell Street, Waterloo IA Zip Code 50703 Employer not employed Title educator Employer Address Zip Code How long have you resided in Waterloo? 2 yrs Email address: List current membership in organizations and offices held: Member of Friends of the Waterloo Library Waterloo Schools Foundation: Breakfast Committee Junior League of Waterloo & Cedar Falls: Community Impact Committee I am available for meetings: QA.M. 0 P.M. 0 Noon 0 Evenings I am available to serve on a Board/Commission the entire year: Yes ENo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: I have a deep apprecation for the arts. As a long-time educator, I strived to encourage creativity and engagement of students with a variety of artistic media as a part of their education and development. Additional information and comments that may not be evident from information already on this form: . References (include phone numbers):Bill Beck 319-939-6602 Dixie Jacobs, colleague 319-939-2120 Mindy Hart, colleague 319-231-6702 understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. Signature Rev 02/20/2020 or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayorAwaterloo-ia.orq; PHONE 291-4301 Page 145 of 404 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Motion to approve Change Order No. 3 with D.W. Zinser Co., Inc., of Walford, Iowa, in an amount of $168.00 per ton to load, haul, and dispose of regulated asbestos containing material (RACM), as well as a lump sum cost of $15,000.00 for use of a High Reach Demolition Excavator, and a lump sum cost of $3,200.00 for abatement by hand tool methods the west elevation low roof area, in conjunction with property located at 2127 E. 4th Street (Saint Mary's Church and School) 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 was some asbestos material in both buildings that had been missed by the asbestos testing and asbestos abatement contractors. Additional identified asbestos included pipe wrap in current demolition piles and throughout the Villa Building in what was not yet demolished portions, as well as some roof areas of the Church and School building. The asbestos material and all adjacent material/debris that had potentially been contaminated with the asbestos material has to be carefully removed as regulated asbestos containing material (RACM). On 2/3/25, Council approved Change Order No. 1, with a maximum amount not to exceed of $45,360. That change order included 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. With that change order, Zinser was able to remove RACM debris from most of the existing debris piles for the portions of both buildings that had already been demolished, but hit the maximum cap of 270 tons provided for by Change Order No. 1. In consultation with Zinser, Terracon (the asbestos expert that the City hired to monitor the demolition activity), and the DNR, it was determined that the remaining portion of the Villa building (123 E Parker Street) was not be feasible to safely abate the remaining asbestos material, therefore the remaining portion of the Villa will had to be demolished as RACM. Zinser estimated a maximum amount of 675 tons of RACM material, and the Council approved Changer Order No. 2 at a cost of $168 per ton, with a maximum amount not to exceed $113,400 based on the maximum estimated tonnage of 675 tons at a Special Council Meeting on 2/6/25. Zinser completed removal of most of the Villa building, Page 146 of 404 but has hit the 675 ton. Now Change Order No. 3 is needed to complete removal of RACM material, including remaining material from the Villa, as well as remaining RACM material from the Church and School building (2127 E 4th St). There are some rough estimation on the remaining tons of RACM material, but it is difficult to estimate, and there is a significant unknown variable that if removal of RACM material in the roof parapet capstones will cause the remaining roof to collapse. If it does, this would cause RACM material to mix with other debris, significantly increasing the amount of material that would have to go as RACM (potentially as much as 500 extra tons). Based on these uncertainties, staff is proposing that Change Order No. 3 be approved at the same $168 per ton amount as the previous change orders, but that it not include a maximum amount. Zinser and Terracon will track all RACM loads, so the actual costs would be based on the actual tonnage. The change order would also include a lump sum amount of $15,000 for use of a High Reach Demolition Excavator. The majority of the RACM material on the church/school building is on the capstone on the parapet walls, which are located higher off the ground than their standard excavators on site can reach. With a normal demolition, they just knock down the walls and don't have to worry about reaching all the way to the top, but if this was done with the RACM material, it would cause it to intermix with the other debris, and significant increase the amount that would have to be RACM (would end up being an almost entirely RACM demo). Zinser has access to a machine that can reach the top of the parapets, but it will require additional mobilization and staff time to use this machine. The change order would also include a lump sum amount of $3,200 to remove a low roof area along the west elevation that has asbestos on the roof flashing. Removal by regular demolition would likely cause RACM debris to fall approximately 15' below into a boiler room, contaminating that area and causing additional material that would have to be taken as RACM, so Zinser has agreed to remove that section of roof with more careful hand -tool methods. The proposed change order does note some estimated tonnage amounts, but as noted above, the final cost would be based on the actual amount of tonnage. But based on the estimated amounts, plus the lump sum fees, the change order would be approximately $73,640 (not including any tonnage if the roof collapses and causes RACM material to intermix with additional debris). That estimated amount, plus the amount from Changer Order No. 2 of $113,400, plus the amount of $45,360 for Change Order No. 1, this would provide for new revised (estimated) total contract amount of $572,300. This amount is above the original project estimate of $400,000 and second and third lowest bidders on the project (second lowest bidder was $468,000 and third lowest bidder was $516,274), however the project was bid as non-RACM based on the buildings having been tested and abated for asbestos, so other bidders would also not have known that asbestos would be present, so change orders would have been unavoidable with other bidders as well. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES HUD funds and TIF funds Page 147 of 404 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Change Order 3 02-13-25 2. DW Zinser Co - Demolition Contract D-2024-10-02P - 12-2-2024 3. St. Marys additional asbestos testing 4. Change Order 1 01-30-25 5. Change Order 2 02-05-25 Page 148 of 404 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. 3 Date: February 13, 2025 Mr. Aric Schroeder City Of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa RE: St. Mary's Demolition Contract No. D-2024-10-02P Aric, Pursuant to our phone conversations, I am providing information regarding consideration for change order #3 that would provide for cleanup and loading, hauling and disposal of additional RACM materials encountered during the demolition process. D.W. Zinser Company will load, haul and dispose of identified asbestos material to the Black Hawk County Landfill, at a cost of $168 per ton. This change order shall not have a maximum amount, and the City's third party demolition monitor (Terracon Consultants, Inc.) shall verify the eligible tonnage amount that is RACM material under this Change Order. D.W. Zinser Company shall not load any material determined by Terracon to be non- RACM material in a load with RACM material, or any such load will not qualify for the $168 per ton fee provided for in this Change Order. Estimated amounts of the known RACM material include: 1. Villa Building -250 ton 2. Main Building Previous pile- 30 ton 3. Main Building Perimeter Parapets — 50 ton Above quantities are estimates based on current visual observations, but billing will be based on actual tonnage from landfill tickets as approved by Terracon. It is understood that further demolition could create collapse and cause RACM material to mix with other debris and increase quantities significantly (potentially as much as 500 ton). After discussing methodology with Rob Bergman and Brandon Zinser, we feel the best approach to removing the materials that are hard to reach would be to mobilize our High Reach Demolition Excavator so as to better control the process and attempt to segregate the materials in a manner that will minimize the amount of debris rather than undermining walls and having the collapsed materials become mingled with RACM. I have included a line item for mobilization, run time and de -mobilization of this machine as well. 1. High ReachMachine $ 15,000.00 - Lump Sum Page 149 of 404 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 Additionally, we would abate the lower west elevation roof by hand methods and dispose of the material properly. The cost for this work would be $ 3,200.00 - Lump Sum It is understood that should we encounter additional materials not previously identified as asbestos containing material throughout the remainder of the demolition process, would add to the estimated quantities. Respectfully, David Zinser President Page 150 of 404 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 151 of 404 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 152 of 404 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 153 of 404 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 154 of 404 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 155 of 404 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 156 of 404 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 157 of 404 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 158 of 404 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 159 of 404 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: n1 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 160 of 404 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 161 of 404 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 162 of 404 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 163 of 404 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 164 of 404 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 165 of 404 CARP0678-003 05/01/2024 Rates Fringes Page 166 of 404 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 167 of 404 TEAM0238-002 05/01/2024 Fringes 17.53 TRUCK DRIVER Dump Truck Rates Fringes $32.66 17.17 Page 168 of 404 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 169 of 404 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 170 of 404 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 171 of 404 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 172 of 404 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 173 of 404 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 174 of 404 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 175 of 404 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 176 of 404 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 177 of 404 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 178 of 404 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 179 of 404 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 180 of 404 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 181 of 404 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 182 of 404 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 183 of 404 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 184 of 404 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 185 of 404 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 186 of 404 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. 2 Date: February 5th, 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 $113,400 (based on an estimated maximum of 675 tons). The above estimated cost is for the Villa Building (123 E Parker). This estimated tonnage does not include concrete related to basement and footings. We will clean up site and have a determination if that specific material can go as Non -ACM per DNR. I feel 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 ACM 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 continue work immediately upon approval by the City of Waterloo. David Zinser President D.W. Zinser Company Inc. Page 187 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Leisure Services Department February 17, 2025 AGENDA ITEM TITLE Leisure Services Commission Board minutes of December 10, 2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board Minutes 12-10-2024 Page 188 of 404 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, December 10, 2024 300 Jefferson Street The meeting was held in the Cedar Valley SportsPlex Multipurpose Room at 300 Jefferson Street. The meeting was called to order at 7:30. Present: Council Liaison Dave Boesen, Ellen Vanderloo, Tom Christensen, Allison Richter, Tom Powers, Tim Moses, Lauri Wright Staff: JB Bolger, Todd Derifield, Chris Dolan, Bob Etringer, Travis Nichols Absent: Council Liaison Nia Wilder, Jessica Rucker, Robert Welch Tom Christensen called for approval of the agenda. Ellen Vanderloo motioned to approve the agenda, second by Tom Powers. Ayes: All Nays: None Tom Christensen called for motion for the approval of the November 12, 2024 meeting minutes. Ellen Vandertoo motioned to approve the meeting minutes, second by Tom Powers. Ayes: All Nays: None REVIEW OF BILLS Tom Christensen called for approval of the bills. Questions were answered. Motion by Ellen Vanderloo to approve November 2024 bills, Tim Moses made a second. Ayes: All Nays: None MIRIAM'S PARK Lauri Wright — Neighbor of Miriam's Park - was present to express her concerns of the new school and the park losing green space. Lauri brought a list of concerns from the neighborhood. See attached. Staff answered Lauri's questions and concerns. Further discussion about the school will come in upcoming meetings. PROPOSED 2025 SPORTS &AQUATIC RATES Bob Etringer presented information on pricing of new rates. He presented the new rates for 2025. See attached. Allison Richter made a motion to approve the rate changes as submitted, seconded by Tim Moses. STAFF UPDATES Sports and SportsPlex — Bob Etringer Current sports are Youth Basketball 5th 6th Boys and 4tn-6th Girls— 12 teams (115 players) they are meeting every Monday evening and Saturday morning at Central Middle School. This runs December 2 through February 14. Tumbling and Dance which has participants from ages 8 to 14. 45 kids meet Tuesday and Thursday evenings at SportsPlex. The SportsPlex is busy with weekend youth sports tournaments. A tournament was held on December 7 for 16 Basketball teams. Another one will be held on the 21st. There is an event scheduled every weekend in January and February. The advertising push for new memberships with On Media started this month. Rentals for CV Soccer and volleyball will also start this month. Page 189 of 404 Construction, Projects — Travis Nichols The construction crew continues to do winter garbage route, park inspections and general maintenance for those inspections. The Gates Project is into free days based on the IDOT working days schedule. They will have approximately 15-20 working days left in the spring to complete the project. They are pushing for a substantial completion punch list next week. Byrnes Pool Project is moving along with a lot of concrete pours happening with a large pour yesterday for the zero -entry portion of the pool. The pump house foundation is completed, and we should be seeing block stacked for walls soon. Sulentic is completed and stabilized for the winter with finish grading and seed coming in the spring. Greenbelt Lake is at a standstill as we will work on signage to complete the project. Golf and Downtown Area — JB Bolger City Council approved a $20,800 proposal with Levi Architecture to design our new maintenance building at South Hills Golf Course. We are conducting interviews for full time Golf maintenance II position later this week. We are hoping to fill this position early February. Interviews for full time Mechanic will follow in a couple months. We closed the golf courses for the season Wednesday November 27th. The end of year golf report was passed around and it recorded 86,569 rounds or 7,072 more than last year and this is the most rounds at our courses since 2012. Young Arena — Chris Dolan The Waterloo Black Hawks are on break until December 28. they are currently in 4th place in the West Division. Waterloo Warriors host the Des Moines Oak Leafs Friday December 13. The Cedar Valley Figure Skating Club Winter Gala will take place on Sunday December 15. The set up for the Battle of Waterloo Wrestling tournament will take place on Wednesday December 18, with wrestling starting on December 19 with the Girls tournament 24 teams will be competing. The Boys 32 team division will wrestle on Friday December 20 and Saturday December 21. The next regular Leisure Services Commission Meeting will be held Tuesday, January 7, 2024. Tom Powers made a motion to adjourn the meeting, second by Ellen Vanderloo. Tom Christensen adjourned the meeting at 8:40. Rio Jessica Rucker Date , Secretary Page 190 of 404 To the Leisure Services Commission Board: RE Miriam's Park - Road December 10, 2024 Please consider these citizen concerns when reviewing updated or final proposals from the school: • Safety- road crossing and traffic both in and out of the park • Width of the road • Noise from vehicles • Pollution from vehicles • How much enjoyable green space will remain out of the initial 17.5 acres? • Negative effects to park experience -traffic causes stress not reduces it. • Concern of the future of the entire park as per BOA minutes. • Traffic count and how it will be minimized (controlled) a How come nobody knows about this? • is ninety acres not enough? • Already traded ten acres. • There is a huge concern about increased traffic outside of the park on Sager/Greenhill/Progress as new development takes place intersection. (Planners and Engineering Depts) Please consider these benefits to the neighborhood and community: a Environmental benefits of more trees and vegetation • A pollution free park • A noise free park • Health and wellness benefits in a time when this is so important • Economic benefits - Grow Cedar Valley • Less traffic and safety concerns • 700 + households call Miriam's Park their neighborhood park • Preserving this historic park and Miriam's name Miriam's Park should be preserved to provide environmental and health benefits and happiness to the neighborhood and the community. Miriam's Park is the only neighborhood park and green space within walking and biking distance for our neighbors, and a nice park for the entire community to visit. The City of Waterloo has been supportive of the WCSD, providing resources and improvements to accommodate the expanded school. Perhaps the school can find a way to adjust for the community that has been supportive of them. Please consider preserving this beautiful, historic green space. Thank you for your time! Page 191 of 404 2025 PROPOSED MEMBER RATE a 0 Lfi m in 0 0 o co {fl• NA 0 0 Ln r` 0 0 vi m in 0 0 o d• in. 0 0 Lrl 't {r)• CD 0 o Ln tf} 0 0 vi m tf>• NA 0 o ui m th 0 a o 4 (Pr NA 0 o vi N. tf1. 0 0 vi co to 0 0 Lei tf), 0 0 o 4 VI- 0 0 0 4 {f} 0 0 o co if)- $ 65.00 0 a if co tf> I $45.00 0 o O t {f? 0 0 O m {f) 0 0 O 4 tfl• 0 0 Q d' {f} 2025 PROPOSED NONMEMBER RATE $45.00 $75.00 0 0 o `-i v-it C. 0 O Ol ). $45.00 I 0 0 O Ln tn. 0 0 Lei in to 0 0 Lfi co tn. 0 0. lflif' d- tf)- Q N v $45.00 00 0 O Ln VI- a Ln N {n $90.00 0 o 0 00 to 0 0 0 00 tf} 0 0 Q Ln tf} 0 0 o in {f)- 0 0 Lfi N tf- 0 0 0 00 V1- 0 0 0 00 tf)_ 0 0 LA Lr) to 0 0 O V) tn. 0 0 Lfl m tfa r $45.00 $45.00 CURRENT MEMBER RATE $30.00 0 0 Ln Lr1 in- NA 0 0 lfl n tn- 0 ul v--1 m tf} 0 0 N m t ). 0 0 N d' in. $45.00 I 0 Ln c-1 m 1-1.1• NA 0 in c-i m V} 0 in r1 m if} NA $68.00 0 0 N co {J)• 0 0 N 00 t/} $35.00 0 0 co m 14- 0 0 4 u1 AA- 0 0 00 Ln {f} 0 o 00 Ln 'IA 0 O N m -VI 0 0 LA m ill 0 0 Lfi rV tf)• 0 0 Lrl N {f} 0 0 O Ln {f} CURRENT NONMEMBER RATE 0 0 Ln m tf} 0 0 O upc ins 0 0 Lei {f} 0 0 tri r� tf} 0 0 Lri m {n. 0 0 Q 4Ln tf} $45.00 0 0 0 111. Cr 0 Ln m IA 00 u1 N ,U 0 0 L i m {f} 0 0 Ln m {f} O 0 o cV in- $75.00 $70.00 0 0 0 N {/} 0 0 0 d' tn. 0 0 0 -Ln-'L!} 0 0 Q LD 0 0 Lri 00 tn- 0 0 Lei 00 tf? $45.00 0 0 O d' tn. 0 0 0 m in. 0 0 O m tf} 0 0 Vl ul {t} SPRING 2025 SPORTS & AQUATICS PROPOSED RATES TO GO INTO EFFECT FEBRUARY 10, 2025 Flag Clinic IFlag Football Adult Vollebyall Fall/Spring sa U 0 n (Youth Basketball 1st - 3rd 2 sessions (Youth Basketball 3rd & 4th Boys 2 sessions Youth Basketball 4th - 6th Girls 5th & 6th Boys Indoor Soccer USSSA League (per team) IT -Ball 2 Sessions IA Ball 2 Sessions Mayor's More Than Basketball League Optimist ML Optimist AAA I Optimist AA (Sports Sampler Tennis Quick Start 'Tennis NJTL (Tennis Junior Team Tennis Tournament Group Youth Swim Lessons Preschool Lessons (Toddler/infant Lessons U C p 00 c E H a 00 Lfj Ln of m tr1. INCREASED REVENUE "ESTIMATE BASED ON AVG RATE INCREASE OF 19% FOR ALL ACTIVITIES Page 192 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department February 17, 2025 AGENDA ITEM TITLE Liquor Licenses a. Casey's General Store #2866, 51 E Tower Park Drive, Class E Retail Alcohol w/Sunday Sales (Renewal) Exp: 02/28/2026. b. Dollar General #10073, 3815 University Avenue, Class B Retail Alcoohol w/Sunday Sales (Renewal) Exp: 02/28/2026. c. Doughy Joeys Peetza Joynt, 300 W. 4th Street, Class C Retail Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 02/07/2026. d. Fairfield Inn & Suites, 2134 LaPorte Road, Class B Retail Alcohol w/Sunday Sales (Renewal) Exp: 02/12/2026. e. The Loft, 710 Jefferson Street, Class C Retail Alcohol w/Sunday Sales (Renewal) Exp: 01/30/2026. f. Sam's Club #6514, 210 E, Tower Park Drive, Class E Retail Alcohol w/Sunday Sales (Renewal) Exp:02/28/2026 RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 193 of 404 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 194 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department February 17, 2025 AGENDA ITEM TITLE Cigarette/Tobacco/Nicotine/Vapor Permits a. Dollar General Store #30998, 5570 Washington Street. 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 195 of 404 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 17, 2025 AGENDA ITEM TITLE Request by Levi Architecture, on behalf of Troy's Sandwiches, for a Site Plan Amendment 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 N/A Page 196 of 404 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 197 of 404 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 198 of 404 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 199 of 404 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 200 of 404 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 201 of 404 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 202 of 404 City of Waterloo Planning, Programming and Zoning Commission February il, 2025 0 CC E• W CC U R=1 /4pTIONAL--DR R-1 ,C-Z 11 =—n—W RIDGEWAY AVE c 0 N Q Gz 0 CC m J 0 U 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 7(1Z of An 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 Pr nr 9na of an 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 205 of 404' 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 206 of 474 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 207 of 474 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 PDaQ208 of 404 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department AGENDA ITEM TITLE Terminal Security Upgrades Project, Contract No. 5819. RECOMMENDED COUNCIL ACTION MEETING DATE February 17, 2025 SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES IDOT CSVI Grant(s) FY-24 and FY-25 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Bid Tab - Access Control System (ACS) 2. Bid Tab- Surveillance Camera Upgrades (CCTV) 3. Bid Tabs Secured Door Upgrades (SDU) Page 209 of 404 4. Engineer's Letter of Recommendation (ACS) 5. K&W Contract (ACS) 6. Engineer's Bid Tabulation (ACS) 7. K&W Bonds (ACS) 8. K&W-Electric Certificate of Liability Insurance (ACS) 9. K&W Electric - Quote - Contract (CCTV) 10. Engineer's Bid Tab (CCTV) 11. K&W Bonds (CCTV) 12. Engineer's Letter of Recommendation (CCTV) 13. K&W-Electric Certificate of Liab Ins (CCTV) 14. Peters Construction Contract (SDU) 15. Engineer's Bid Tab (SDI) 16. Engineer's Letter of Recommendation (SDU) 17. Peters Construction Certificate of Liab Ins (SDU) Page 210 of 404 BID SUMMARY SHEET WATERLOO REGIONAL AIRPORT TERMINAL SECURITY UPGRADES (2024) ACCESS CONTROL SYSTEM IDOT CSVI PROJECT NO. 91240ALO200 IDOT CONTRACT NO. CNTRT-00005819 AECOM PROJECT NO. 60734402 ENGINEER'S ESTIMATE $290,000.00 Bid Opening - February 6, 2025 Bidder Bid Security Addendum 1 Base Bid KW Electric, Inc. Cedar Falls, Iowa 5% $ $220,456.00 Page 211 of 404 BID SUMMARY SHEET WATERLOO REGIONAL AIRPORT TERMINAL SECURITY UPGRADES (2024) ACCESS CONTROL SYSTEM IDOT CSVI PROJECT NO. 91240ALO200 IDOT CONTRACT NO. CNTRT-00005819 AECOM PROJECT NO. 60734402 ENGINEER'S ESTIMATE $290,000.00 Bid Opening - February 6, 2025 Bidder Bid Security Addendum 1 Base Bid KW Electric, Inc. Cedar Falls, Iowa 5% $ $220,456.00 Page 212 of 404 QUOTE SUMMARY SHEET WATERLOO REGIONAL AIRPORT TERMINAL SECURITY UPGRADES (2024) SURVEILLANCE CAMERA UPGRADES IDOT CSVI PROJECT NO. 91240ALO200 IDOT CONTRACT NO. CNTRT-00005819 AECOM PROJECT NO. 60734402 ENGINEER'S ESTIMATE $105,000.00 Bid Opening February 6, 2025 Bidder Bid Security Addendum Quote KW Electric, Inc. Cedar Falls, Iowa N/A $126,121.00 Page 213 of 404 QUOTE SUMMARY SHEET WATERLOO REGIONAL AIRPORT TERMINAL SECURITY UPGRADES (2024) SURVEILLANCE CAMERA UPGRADES IDOT CSVI PROJECT NO. 91240ALO200 IDOT CONTRACT NO. CNTRT-00005819 AECOM PROJECT NO. 60734402 ENGINEER'S ESTIMATE $105,000.00 Bid Opening February 6, 2025 Bidder Bid Security Addendum Quote KW Electric, Inc. Cedar Falls, Iowa N/A $126,121.00 Page 214 of 404 QUOTE SUMMARY SHEET WATERLOO REGIONAL AIRPORT TERMINAL SECURITY UPGRADES (2024) SECURED DOOR UPGRADES IDOT CSVI PROJECT NO. 91240ALO200 IDOT CONTRACT NO. CNTRT-00005819 AECOM PROJECT NO. 60734402 ENGINEER'S ESTIMATE $46,000.00 Bid Opening February 6, 2025 Bidder Bid Security Addendum 1 Quote Peters Construction Corporation Waterloo, Iowa N/A $73,740.00 Page 215 of 404 QUOTE SUMMARY SHEET WATERLOO REGIONAL AIRPORT TERMINAL SECURITY UPGRADES (2024) SECURED DOOR UPGRADES IDOT CSVI PROJECT NO. 91240ALO200 IDOT CONTRACT NO. CNTRT-00005819 AECOM PROJECT NO. 60734402 ENGINEER'S ESTIMATE $46,000.00 Bid Opening February 6, 2025 Bidder Bid Security Addendum 1 Quote Peters Construction Corporation Waterloo, Iowa N/A $73,740.00 Page 216 of 404 A ECOM Imagine it. AECOM Delivered. 500 SW 7th Street Des Moines IA, 50309 USA aecom.com February 14, 2025 Mr. Steven Kjergaard Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Terminal Security Upgrades (CCTV) Waterloo Regional Airport Waterloo, Iowa CSVI Project No. 91210AL0200 Contract No. CNTRT-00005819 AECOM Project No. 60734402 Dear Mr. Kjergaard: We have reviewed the bid received by the City of Waterloo on February 6, 2025, for the above - mentioned project. A copy of the bid summary is attached. One (1) bid was received. Several plans' holders held bidding documents for this project with only one responding. The bid received from K&W Electric Inc.in the amount of $220,456.00 was below the Engineer's Estimate of Probable Construction Cost by $69,544.00. We recommend that the bid be accepted and awarded to K&W Electric Inc. in the amount of $220,456.00. If you have any questions or require additional information, please feel free to contact our office at your convenience. Yours sincerely, ra 1 David B. Hughes, P.E. Project Manager aecom.com 1/1 Page 217 of 404 CONTRACT FOR TERMINAL SECURITY UPGRADES (ACS) AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA THIS AGREEMENT, made and entered into this day of , 2025, by and between the Waterloo Regional Airport for the City of Waterloo, Black Hawk County, Iowa, hereinafter referred to as the "Owner" and K&W Electric Inc., 1127 Lincoln Street, Cedar Falls, IA 50613, a corporation organized and existing under the laws of the State of Iowa, hereinafter referred to as the "Contractor." WITNESSETH: That the Contractor for and in consideration of Two Hundred Twenty Thousand Four Hundred Fifty Six and No/100 Dollars ($220,456.00), based on the unit bid prices payable as set forth in the Specifications constituting a part of this Contract as shown on the attached Exhibit A, hereby agrees to construct in accordance with the Plans and Specifications therefore, and in the location designated on the Plans, the various items of work awarded said Contractor on the day of , 2025, as follows, being numbered as shown in schedule of prices bid in the attached Proposal which is a part of this Contract. Said Specifications and Plans are hereby made a part of and the basis of this Agreement and a true copy of said Plans and Specifications is now with the Waterloo Regional Airport in the office of the Director of Aviation, Waterloo, Iowa, under date of January 7, 2025. That in consideration of the foregoing, the Owner hereby agrees to pay the Contractor promptly and according to the requirements of the Specifications, the amounts set forth, subject to the conditions as set forth in the Specifications. 2. That it is understood that the parties named herein are the only persons interested in this Contract and principals. 3. That the Contractor has examined the site of the proposed work, Plans, Specifications, and Contract Documents in order that he might become familiar with the character, quality, and quantity of the work to be performed, the materials to be furnished and the requirements of the Specifications, and Contract Documents. 4. It is hereby further agreed that any reference herein to the "Contract" shall include all "Contract Documents" for the Waterloo Regional Airport, IDOT CSVI Project No. 9I240AL0200, Contract No. CNTRT-00005819 Terminal Security Upgrades (ACS) and said "Contract Documents" are hereby made a part of this agreement as fully as if set out at length herein, and that this contract is limited to the items in the proposal as signed by the "Contractor" and included in the "Contract Documents." 5. That in the event any surety upon any bond furnished in connection with this Contract becomes unacceptable to the Owner, or if any such surety shall fail to furnish reports as to his financial condition from time to time as requested by the Owner, the Contractor agrees to furnish promptly such additional security as may be required from time to time to protect the interests of the Owner or of persons supplying labor or materials in the prosecution of the work contemplated by the Contract. 6. That the Contractor shall not commence any work to be performed under this Contract until he has obtained from responsible insurance companies, all insurance required, as set forth in the General Provisions and that the Contractor shall maintain this insurance in full force and effect until the work to be performed under this Contract has been accepted by the Owner. 7. That the Contractor shall not start working on any alterations requiring a supplemental agreement until the agreement setting forth the adjusted price shall be executed by the Owner and the Contractor. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 C-1 CONTRACT Terminal Security Upgrades (ACS) AECOM 60734402 Page 218 of 404 8. That the Contractor, at all times, shall observe and comply with all federal, state, territory or possession and local laws, codes, ordinances and regulations in any manner affecting the conduct of the work, and the Contractor and his surety shall indemnify and save harmless the Owner and all his officers, Engineer, agents and servants against claims or liability arising from or based on the violation of any such law, ordinance, deregulation, order or decree, whether by himself or his employees. 9. That it is further understood and agreed by the parties to this Contract that the above work shall be commenced within 10 days after "Notice to Proceed" and shall be completed according to the terms of the entire contract within seventy-five (75) calendar days from the date established in the Notice to Proceed. Failure to complete within the allotted time will result in assessment of liquidated damages in the amount of $500.00 per calendar day for each day in excess of the authorized contract time. 10. The Contractor and Owner understand and agree that time is of essence for completion of the Work and that the Owner will suffer additional expense and financial loss if said work is not completed within the authorized Contract Time. Furthermore, the Contractor and Owner recognize and understand the difficulty, delay, and expense in establishing the exact amount of actual financial loss and additional expense. Accordingly, in place of requiring such proof, the Contractor expressly agrees to pay the Owner as liquidated damages the non -penal sum of $500.00 per day for each calendar day required in excess of the authorized Contract Time for the overall contract. Furthermore, the Contractor understands and agrees that: a. the Owner has the right to deduct from any moneys due the Contractor, the amount of said liquidated damages. b. the Owner has the right to recover the amount of said liquidated damages from the Contractor, Surety, or both. 11. It is further understood that any action in court against the Contractor or sureties on his bond because of damage to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the Specifications, or on account of the failure of said Contractor to fully comply with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 12. Second Party shall maintain all work done hereunder in good order for a period of 12 months from and after the date it is accepted by the Waterloo Regional Airport, City of Waterloo, Iowa, which maintenance shall be without expense to First Party or the abutting property. In the event of the failure or default of Second Party to remedy any or all defects appearing in said work within a period of 12 months from the date of its acceptance by said Board and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said City, addressed to said Contractor at the address herein given, then First Party may proceed to remedy such defects and the cost and expenses thereof may be recovered from said Second Party and the sureties on its bond by action brought in any court of competent jurisdiction, but such suit may be brought in the District Court of Black Hawk County, Iowa. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-2 CONTRACT Terminal Security Upgrades (ACS) AECOM 60734402 Page 219 of 404 IN WITNESS WHEREOF, the parties hereto have set their hands for the purpose herein expressed to this and three other instruments of like tenor, as of the day of , 20 . ATTEST: Secretary CITY OF WATERLOO By Mayor CONTRACTOR hC�W Efecio c_ Tic, By Firm Name 1177 %firesIciet-4— Signature Title C'edevr 5vl,13 Business1Address Witness Witness IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-3 CONTRACT Terminal Security Upgrades (ACS) AECOM 60734402 Page 220 of 404 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, K&W Electric Inc., 1127 Lincoln Street, Cedar Falls, IA 50613, as PRINCIPAL, also referred to as CONTRACTOR, and as SURETY, are held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of Two Hundred Twenty Thousand Four Hundred Fifty Six and No/100 Dollars ($220,456.00) for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above -bound Principal has entered into a contract with the OWNER dated the day of _ , 20 , for improvements at the Waterloo Regional Airport, which includes: The IDOT CSVI Project, Contract No. CNTRT-00005819, Terminal Security Upgrades (ACS) project consists of an upgrade to the existing door Access Control System at and within the Waterloo Regional Airport terminal building. The Access Control system will allow control of the Security Identification Display Area (SIDA) Line as well as controlling access to the Secured and Sterile areas. This control system upgrade will have door contacts allowing the monitoring personnel to know the status of each door upon a glance. Access controls for the automated exterior gates will also receive upgrades. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW, THEREFORE, the conditions of this obligation are such that if the above -bound PRINCIPAL shall faithfully and fully comply with the terms and conditions of said contract, including, but not limited to, any obligations created by way of warranties and/or guarantees for workmanship and materials which warranty and/or guarantee may extend for a period of time beyond completion of said contract, and such alternations or additions as may be made therein or in the plans and specifications, and shall indemnify and save the OWNER harmless against any claims for using any form of material, process, composition or anything which is patented, and likewise indemnify and save the OWNER harmless against all claims for damages by reason or any default or negligence, want of skill or care on the part of said PRINCIPAL or Agents in and about the performance of said contract, and shall comply with all laws pertaining to said work, and shall comply with and perform any and all warranties and/or guarantees provided for in said contact, then this obligation shall be void; otherwise of full force and effect. PROVIDED, further than upon either the default of the PRINCIPAL, or the failure of the said PRINCIPAL to promptly and efficiently prosecute said Work, in any respect, in accordance with the Contract Documents, the above bound SURETY shall either remedy the default of the PRINCIPAL or shall take charge of said Work and complete the Contract at his own expense, pursuant to its terms, receiving, however, any balance of the funds in the hands of said OWNER due under said contract. It shall be the duty of the SURETY to give an unequivocal notice in writing to the OWNER within ten (10) days after receipt of a declaration of default of the SURETY'S election either to remedy the default or defaults promptly or to perform the contract promptly, time being of the essence. In said notice of election, the SURETY shall indicate the date on which the remedy or performance will commence, and it shall be the duty of the SURETY to give prompt notice in writing to the OWNER immediately upon completion of (a) the remedy and/or correction of each default, (b) the remedy and/or correction of each item of condemned work, (c) the furnishings of each omitted item of work, and (d) the performance of the contract. The SURETY shall not asset solvency of its PRINCIPAL as justification for its failure to promptly remedy the default or defaults or perform the contract. In the event said PRINCIPAL shall fail or delay the prosecution and completion of said Work and said SURETY shall also fail to act promptly as hereinabove provided, then the OWNER shall cause ten (10) days' notice of such failure to be given, both to said PRINCIPAL and SURETY, and at the expiration of said ten (10) days, if said PRINCIPAL or SURETY do not proceed promptly to execute said Contract, the OWNER shall have the authority to cause said Work to be done and when the same is completed and the cost thereof estimated, the said PRINCIPAL and SURETY shall and hereby agree to pay any excess in the cost of said Work above the agreed price to be paid under said Contract. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-4 CONTRACT Terminal Security Upgrades (ACS) AECOM 60734402 Page 221 of 404 Upon completion of said Contract pursuant to its terms, if any funds remain due on said Contract, the same shall be paid to said PRINCIPAL and SURETY. The said PRINCIPAL and SURETY further agree as part of this obligation to pay all such damages of any kind to person or property that may result from a failure in any respect to perform and complete said Contract including, but not limited to, all repair and replacement costs necessary to rectify construction error, architectural and engineering costs and fees, all (but not limited to) consultant fees, all testing and laboratory fees, and all legal fees and litigation costs incurred by the OWNER. The decision of the OWNER, upon any disputed question connected with the execution of said Contract, or any failure or delay in the prosecution of the Work by said PRINCIPAL or SURETY, shall be final and conclusive. The SURETY agrees that, other than as is provided in this bond, it may not demand of the OWNER the OWNER shall (a) perform any thing or act, (b) give any notice, (c) furnish any clerical assistance, (d) render any service, (3) furnish any papers or documents, or (f) take any other action of any nature or description which is not required of the OWNER to be done under the contract documents. IN WITNESS WHEREOF, the SURETY and PRINCIPAL have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. IN THE PRESENCE OF: Witness PRINCIPAL: By: SURETY: Witness By: NOTE: (a) Where the Performance Bond is executed by an attorney -in -fact, there shall be attached to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. (b) Each copy of the Bond shall be countersigned by an authorized agent of the bonding company licensed to do business in the State of Iowa. The title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding company shall be attached to each copy of the bond. (d) The Contractor's signature on the bond shall correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution (which may be combined with the corporate resolution granting the signing officer authority to execute contracts) granting the corporate officer who executes the Bond the authority to do so. (f) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Iowa. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-5 CONTRACT Terminal Security Upgrades (ACS) AECOM 60734402 Page 222 of 404 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, K&W Electric Inc., 1127 Lincoln Street, Cedar Falls, IA 50613, as PRINCIPAL, also referred to as CONTRACTOR, and , as SURETY, are held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of Two Hundred Twenty Thousand Four Hundred Fifty Six and No/100 Dollars ($220,456.00), for the use and protection of said OWNER and all subcontractors and all persons supplying labor, materials, machinery and equipment for the performance of the work provided for in the contract hereinafter referred to, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above -bound Principal has entered into a contract with the OWNER dated the day of , 20, for improvements at the Waterloo Regional Airport, which includes: The IDOT CSVI Project, Contract No. CNTRT-00005819, Terminal Security Upgrades (ACS) project consists of an upgrade to the existing door Access Control System at and within the Waterloo Regional Airport terminal building. The Access Control system will allow control of the Security Identification Display Area (SIDA) Line as well as controlling access to the Secured and Sterile areas. This control system upgrade will have door contacts allowing the monitoring personnel to know the status of each door upon a glance. Access controls for the automated exterior gates will also receive upgrades. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW, THEREFORE, the condition of this obligation is such that if the above -bound PRINCIPAL shall promptly make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of the work provided for in said Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following conditions: 1. The said SURETY to this bond, for value received, hereby stipulates and agrees that no change or changes, extension of time or extensions of time, alteration of alterations or addition or additions to the terms of the contract or to the work to be performed thereunder, or the specifications or drawings accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change or changes, extension of time or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work or to the specifications or drawings. 2. A claimant is defined as any subcontractor and any person supplying labor, materials, machinery, or equipment in the prosecution of the work provided for in said contract. Signed and sealed this day of , 20. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-6 CONTRACT Terminal Security Upgrades (ACS) AECOM 60734402 Page 223 of 404 IN THE PRESENCE OF: Witness Witness PRINCIPAL: By: SURETY: By: NOTE: (a) Where the Payment Bond is executed by an attorney -in -fact, there shall be attached to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. (b) Each copy of the Bond shall be countersigned by an authorized agent of the bonding company licensed to do business in the State of Iowa. The title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding company shall be attached to each copy of the bond. (d) The Contractor's signature on the bond shall correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution (which may be combined with the corporate resolution granting the signing officer authority to execute contracts) granting the corporate officer who executes the Bond the authority to do so. (f) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Iowa. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 C-7 CONTRACT Terminal Security Upgrades (ACS) AECOM 60734402 Page 224 of 404 Waterloo Regional Airport .2790 Livingston Lane Waterloo, IA 50703 All: . .The utdersigned, being a Corporation existing under the laws of the State oil TO i t7_ a Partnership consisting of the following partners,__.... j ,E- E ec4Y c..._ .W r...._._._._......._......., having familiarized (himself) (themselves) (itself) with the existing conditions on the p oject area affecting the cost of the work, and with all thecontract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this Terminal Security Upgrades (ACS), Contract No. CNTR'I'-00005819, all in accordance with the above -listed docunteins and for the unit prices for work in place for the following items and quantities: EXHIBIT A PROPOSAL FORM FOR • ..TERMINAL SECURITY UPGRADES (ACS) AT THE • WATERLOO REGIONAL AIRPORT . WATERLOO, IOWA 2. The extent of the work involved is as follows. This II)O'I' CSVI Project No. 9I240AL0200, Contract No, CN'1'RT.00005819 project consists of an upgrade to the existing door Access Control System at and within the Waterloo Regional Airport terminal building. The Access Control system will allow control of the Security Identification Display Area (S1DA) Line as well as controlling access to the Secured and Sterile areas. This control system upgrade will have door contacts allowing the monitoring personnel to know the status of each door upon a glance. Access controls for the automated exterior gates will also receive upgrades. 3. The undersigned, in compliance with your invitation for Bids dated I `7, 1,AS- ._., hereby proposes to do the work called for in saki Contract and Specifications and shown on said Plans and Addendum Nos, and to furnish all materials, tools, labor and alt appliances and appurtenances necessary for the said work at the following rates and prices: !um CSVI Project No. 91240AL0200 CONTRACT NO.5819 P-1 PROPOSAL FORM Terminal Security Upgindes (ACS) A1iC0M 60734402 Page 225 of 404 ITEMIZED PROPOSAL WATERLOO REGIONAL AIRPORT WATERLOO, IOWA PROJECT: • TERMINAL SECURITY UPGRADES (ACS) 1DO'1' CSVI Project, Contract No. CN'I'RT-00005819 ITEM NO, DESCRIPTION UNIT ESTIMATED QUANF1'1'7' UNIT BID PRICE '1'OTAI, BID PRICE BASE BID I Li VMGS'fON AVIATION BLDG (ACS) LS 1 $ Pi j I//Ix " $ / t `7 y/ 2 EXTERIOR GATES (ACS) LS 1 $ 4761 e(o'yr's 44; /0 j,L! L 3 ACCESS CONTROL (ACS) LS I $ f 5 ? SI $ /,5r' 't art 4 '- TOTAL 131D $ ,aeL Lis-6) 4. The Airport reserves the right to award the contract based on the Total Bid. 5. The undersigned understands that the above quantities of work to be done are approximate only and are intended principally to serve as a guide in evaluating the bids. All quantities are subject to increase or decrease and are to be performed at the unit prices stipulated herein. 6. 1t is understood that the schedule of minimum wage rates, as established by the Secretary of Labor and included in the Specifications, are to govern on this project, and the undersigned certifies that he has examined this schedule of wage rates and that the prices bid are based on such established wage rates. 7. The undersigned certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The undersigned certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities arc maintained. The undersigned agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and Nvashrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, trtmsportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or any other reason. The undersigned agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files, 8. The undersigned agrees, upon written notice of the acceptance of this bid, within thirty (30) days after the opening of the bids, that he will execute the Contract in accordance with the bid as accepted and give Contract (Performance and Payment) bond on attached forms within five (5) days after the prescribed forms are presented for signature. 9. The undersigned further agrees that if awarded the Contract, he will commence the work within ten (10) calendar days after the receipt of a "Notice to Proceed" and that he will substantially complete all work according to the terms of the entire contract within Seventy -Five (75) calendar days from the date established in the Notice to Proceed. An extension of time may be allowed when extra or additional work is ordered by the Engineer. 10. The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, IDOT CSVI Project No. 91240AL0200 CONT'tACT NO. 5819 P-2 PROPOSAL FORM 'Terminal Security Upgrades (ACS) AECOM 60734402 Page 226 of 404 contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify this statement, it shall attach an explanation to this solicitation/proposal. 11. As evidence of good faith in submitting this Proposal, the undersigned encloses bid security in the amount of five (5) percent of the bid which, in case he refuses or fails to accept an award and to enter into a Contract and file the required bonds within the prescribed time, shall be forfeited to the Waterloo Regional Airport as liquidated damages. 12. The undersigned hereby declares that the only parties interested in this Proposal are named herein, that this Proposal is made without collusion with any other person, firm, or corporation, that no member of the Council, Waterloo Regional Airport or agent of the City of Waterloo, Iowa, is directly or indirectly financially interested in this bid. 13. In submitting this bid, it is understood that the right to reject any and all bids has been reserved and that this bid may not be withdrawn for a period of thirty (30) days from the opening thereof, 14. Contractor certifies that all employees employed by Contractor or oily subcontractor working on behalf of the Contractor are in compliance with the Immigration Reform Control Act of 1986 CIRCA) and indemnifies the Owner and holds harmless Owner for any violations of IRCA as a result of the Contractor's employees or his subcontractor's employees working on behalf of the Contractor on the Owner's project. 15. Attachment to This Bid. The following documents are attached to and made a part of this Bid: a. I3id Guaranty in the form of (aid, BONA b. Non -Collusion Affidavit of Prime Bidder. e. Statement of Intent --- Non -Discrimination and Equal Opportunity Statement. d. Bidder's information Sheet. e. Synopsis of Experience Record. (IDOT Certification may be substituted.) 16. The Bidder shall indicate whether the bid is submitted by a/an: ❑ Individual, Sole Proprietorship ❑ Partnership Corporation ❑ Joint -venture: all parties must ,join -in and execute all documents ❑ Other Respectfully submitted, Bidder ByBr`%Lt ►� b r V v eS Sikh tune ,ldr atr.,..*- 'I'itle I12.7___J v., CO Address Ca% F& tS 0 t3 (Include Zip Code).. 3I" — -77- oN 15" Telephone No. IDOTCSVI Project No. 91240ALO20D CONTRACT NO. 5819 P-3 PROPOSAL FORM Terminal Security Upgrades (ACS) AECOM G073,1,102 Page 227 of 404 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of AW O. ) tt )ss County of ,thC., tt^t1►•u&) Be' t eV e3 that: , being first duly sworn, deposes and says (1) He is (Owner, Partnetrfficer epresentative, or Agent) of __ ! +'t4) el-eciesk. T*KGr , the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid. (3) Such bid is genuine and is not a collusive or sham bid. (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me this ,dayof_ L��GI r , 2i) is 4 25 4 p c.v, MC. h.c.(�ec. Title I PI My Commission Expires r,b, rvct PI ,,2 , 20 (Signed) Title fires iote.,,'" IDOT CSVi Project No, 91240AL0200 CONTRACT NO. 5819 P-4 PROPOSAL FORM Terminal Security Upgrades (ACS) AECOM G0734402 Page 228 of 404 . STATEMENT OF INTENT NONDISCRIMINATION ANI) EQUAL OPPORTUNITY STATEMENT • The Contractor does hereby certify to The 'Waterloo Regional Airport, that no person shall, in any way, be favored or discriminated against because of his race, political or religious opinions and affiliations, national origins, sex, age, sexual orientation, gender identity, disability, color, creed, marital status, employee union or association membership or office • herein. If selected as the successful bidder, this contractor hereby agrees to file either a nondiscrimination and equal opportunity statement and/or an Affirmative. Action Program. . improvements to the Waterloo Regional Airport consisting of TERMINAL SECURITY UPGRADES (ACS) Il)OT CSVI Project, Contact No. CNTRT-000058I9 -... ± .__eL efri c COMPANY tr1e.w. Ar•N'i EX.I CU'1'IVfa OFP'1CI R AFFIRMATIVE ACTION OFFICER ADDRESS OF THE AFFIRMATIVE ACTION OFFICER Cedar •FeLlis, Tot.._ ..13 PHONE NUMBER a !-....- 0 q IDOT CS\'I Project No. 9I240A1.0200 CONTRACT NO. 58t9 P_S PROPOSAL. FORM Terminal Security Upgrades (ACS) AIiCOM 60734402 Page 229 of 404 Page 230 of 404 Form 730007WP 7-97 1.1 40 (1) C 0 (To Be Completed By All Bidders per the Current Contract Provision) 0 (0 .c 0 -a 1.5 0 a) 0 o >-. co c u. .c .E - :0- a) 3 0 0 a) -o (0 13 E co .0 tn (a) cc ti x m I— gi E 0 -E as a) .c o c o 0) 45 -o m < a) .c Tts cm c ,u) .0 E *t. co M e t- .v I 0 e) 0 as a) a) I— ..c > a) '5 0 0 o co cli ..... 0)c ..C..) iii f_f? c 0 -3- 0 W 0 a. < o a) 0 .c .c (0i- (') a) cc z E:)) o Ill 0 E 5 a) 0 0 8 P. c in u) 0 oo- (r) 1.5 al v; 0 0 z 0 0 a) u) c „ 9 a) 0) o Jo a) i Z .ta- -ki) E m to -ca) 1-6 1--5 z n .:9: 4-• 0 E o' c lb; E 46 0 5 :1 0 E .9.. (..) -0 e) _a . r4 5 m Ct 0 0 c 0 0) , 0 a la. • E 13 >, , c co c 0 U_ (0 -r, a.) CO C 0 (9 .-- (... i3) -0 c 0 0 1 t 111 o .0 —I< 1— z 03 E al c as as o M E ,_ 0)o ea u) ts 6 ru E 73-10 'C-) S) , _5,-) ( 0 •,-3 D *u) 'Er a cp -2 , .0 0 > .6 s.) 0. 0 a 0)— ,... a.) — -Ei a (() Hu) o a) ,1_) 'if 0 8 ....v.; .c a) " (1) 0 13 E 13 0 ...., =• (-13 .th Ca (4 E LP c E.t... o 0 u 0 `t@ •-.(I2, -0 :P (I) al c a ta Ig 43 E .2 t .,....E a 0 13 -E a.) Ii (0 -0 , o E a) a ,_ vo as fh >, o 0 W a) 111 ';,... 1.- tF, I— -I) 0 0 (LI .E9 Z QUOTATION USED IN BID DOLLAR AMT. PROPOSED TO BE SUBCONTRACTED -0 0 I-U Z >- QUOTES RECEIVED DATES CONTACTED C)3 in 0 >- Z DATES CONTACTED m u) I- „....., ... SUBCONTRACTOR At" LItt1/2 I MIAAMineel_t +0 es.. ) ) ), r) Q 0. 0 m 4-4 -o a) 0 0 :3 tn 1-3 (1.1 g n 0 0.) 2 -° 0. 0 c(I) E o (13 E c >. (f) -6 E "0 a) D Page 231 of 404 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 196.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515-725-3132) or from its website at: https://www.iowa.gov/tsb/index.php/home. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB fimis on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms In the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on-line at: http://www.dot.state.ia.us/local_systems/pubiscations/tsb_contract provision,pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. TSB-5 Page 232 of 404 Bidder Status Form To be completed by ail bidders Part A Please answer "Yes" or "No" for each of the following: 56 Yes ❑ No Ds] Yes D No g Yes ❑ No ® Yes ❑ No Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine if your company Is authorized, please review the worksheet on the next page). My company has an office to transact business in Iowa. My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa duringrithe past 3 years at the following addresses: t°li3� to - Prrl l Address* U .1 L„f in C vt. ,S4. Dates: 3 / Dates: / / to / Dates: / / to You may attach additional sheet(s) if needed. City, State, Zip* Ce4t- mils) TA 50(oi3 / Address: City, State, Zip: / Address: City, State, Zip: To be completed by nonresident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2, Does your company's home state or foreign country offer preferences to resident bidders, resident labor ❑ force preferences or any other type of preference to bidders or laborers? Yes ❑ No 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) If needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: K4-'0 E(t°'G4-,', G T & Signature: Date: .21 61 $` You tnust submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 166. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) BF-1 Page 233 of 404 Worksheet: Authorization to Transact Business This worksheet may be used to help complete PartA of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor. ❑ Yes RI No ❑ Yes [ij No Yes No 0 Yes No ❑ Yes lANo ❑ Yes I No ❑ Yes E No ❑ Yes ►d No ❑ Yes qjNo ❑ Yes [X No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. My business is a limited liability company whose certificate of organization is filed In a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 r09.1 9 BF-2 Page 234 of 404 /'":41.14.1AlkilADOT GETTING YOU THERE». April 24, 2024 I< & W ELECTRIC, INC. 1127 LINCOLN ST. P.O. BOX 967 CEDAR FALLS, IA 50613-0000 kwe@k-welectric.com; shovenga@k-welectric.com Dear Contractor: We acknowledge receipt of your CPA Audited Financial -Experience -Equipment Statement for the period closing December 31, 2023. This statement will serve to place you on our list of qualified bidders for construction and maintenance work offered by the Iowa Department of Transportation. This statement expires on June 30, 2025. Your maximum pre -qualification for all incomplete work is $82,846,473. Your prequalification categories on file with this office are listed on the enclosed page. We acknowledge receipt of your Bidder Status Form dated April 22, 2024. We will retain this form on file. Each time you submit an electronic bid on a non-federal aid proposal you will certify the accuracy of this information. You are required to submit a new form whenever the information that you have supplied changes or whenever you submit a Contractors Financial Experience Equipment Statement (Form 650004). Unless otherwise specified in the contract documents, bidder status forms must be on file in this office by noon the day prior to the letting in order to be approved as a valid bidder. Sincerely, 944-mp 7e4112A, Jason Miller Prequalification Analyst NOTE: Iowa Code Chapter 91C requires that all contractors register with the Iowa Division of Labor - Contractor Registration before performing any construction work in the state of Iowa. If your business provides any type of plumbing, mechanical, HVAC, refrigeration, sheet metal or hydronic systems services, you are required to obtain a license with the Plumbing & Mechanical Systems Board before applying with contractor registration. Inquiries should be directed to: Iowa Division of Labor - Contactor Registration Phone: 515-242-5871 I Fax: 515-725-2427 contractor.registrationdt1wd.iowa.eov I www.iowacontractor.aov <.I (515-239-1414] © I (dot.contracts@iowadot.us] www.iowadot.gov Address: (800 Lincoln Way, Ames, IA 50010] Page 235 of 404 PREQUALIFICATION CATEGORIES Approved per Article 1102.01, Competency and qualification of Bidders, as of April 24, 2024 for (K.100) 1< & W ELECTRIC, INC. TRAFFIC SAFETY : (T3) LIGHTING/TRAFFIC SIGNALS (T5) SIGNING MISCELLANEOUS : (M1) MISCELLANEOUS Page 1 of 1 Page 236 of 404 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, K & W Electric, Inc. as Principal, and Westfield Insurance Company as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER." In tl,e pewit sum Five percent of amount bid Dollars ($ 5% ) lawful money of the United States, for the payment of which sum will and truly be made, we hind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the 6th day of bebruary , 2025, for Terminal Security Upgrades (ACS) Waterloo Regional Airport NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, 'Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated, By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide die bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety tmd its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such I3id or execute such contract; and said Surety does hereby waive notice of any such extension, IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this 6th day of February A.D. 2025. Contract No, CNTRT-5819 Bid Bond K & W Electric, Inc. (Seal) Principal BY �ri2►..,p�U Pr.es(-4 pt7 Westfield Insurance Company (Seat) Surety • By��'( Joseph I. Schm Attorney -in -fact nB-t of 1 Tcnninnt Security Upgrades (ACS) Waterloo Regional Airport —60734402 Page 237 of 404 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 08120122, FAR ANY PERSON OR PERSONS NAMED BELOW, General POWER NO. 1429172 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio CERTIFIED COPY Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having Its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint JOSEPH I. SCHMIT, JEFFREY R. BAKER, GREG T, LAMAIR, E. A. VONHARZ, BRANDON HORBACH, JOINTLY OR SEVERALLY of WEST DES MOINES and State of IA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred In its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship In any penal itmit. - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE • GUARANTEE, OR BANK DEPOSITORY BONDS. • and to bind any of the Companies thereby as fully and to the same extent as If such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -In -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFOELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity 3c Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for .and on behalf of the Company subject to the following provisions: The Attorney -in -Fact, may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as it signed by the President and sealed and attested by the Corporate Secretary,' "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shaft be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surely Leader and Senior Executive and their corporate seals to be hereto affixed this 20th day of JUNE A.D., 2022 . Corporate •' $wits ��3ilii,t�t�' a Affixed Oil 'tea �t Zeas r State of Ohio County of Medina ss.: ��rltJttLi4 SE WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY L, By: Gary W. tamper, Nationa'Surety Leader and Senior Executive On this 2oih day of JUNE A.D., 2022 , before me personally came Gary W. Stamper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above Instrument; that he knows the seals of said Companies; that the seals affixed to said Instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Nataflal �,,. Htlkbty Seat o c( I A L Affixed Q State of Ohio County of Medina ss David A. Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 6th day of twebfttaly A,D, 2025 wwt cif: (`@ c*i? �:'LLJ: • t1f♦'i, rt T ':S ' •�t 111,,1 1 • 3 . ,.� J/.d�{! t i up i : �: �i at aim : m = ems' x ! r f ' ,6�Ialffity { •.... •• .• '�a Frank A. Canino, Secretary vgarriaaia'.. 'l••t,,t,,,••'A 1,,..,1 r,��rillltlllfl„It•t•,•, a, BPOAC2 (combined) (03.22) Page 238 of 404 TABULATION OF BIDS WATERLOO REGIONAL AIRPORT TERMINAL SECURITY UPGRADES (ACCESS CONTROL SYSTEM) IDOT CSVI PROJECT NO. 91240AL0200 IDOT CONTRACT NO. CNTRT-00005819 AECOM PROJECT NO. 60734402 Februrary 6, 2025 Engineer's Estimate K&W Electric Inc. Cedar Falls, IA ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST 1 LIVINGSTON AVIATION BLDG (ACS) LS 1 $ 15,000.00 $ 15,000.00 $ 14,941.00 $ 14,941.00 2 EXTERIOR GATES (ACS) LS 1 $ 25,000.00 $ 25,000.00 $ 46,664.00 $ 46,664.00 4 ACCESS CONTROL (ACS) LS 1 $ 250,000.00 $ 250,000.00 $ 158,851.00 $ 158,851.00 BASE BID TOTAL $ 290,000.00 $ 220,456.00 Tabulated by: 3 AECOM Page 240 of 404 Bond Number: 455079N PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, K&W Electric Inc., 1 127 Lincoln Street, Cedar Falls, IA 50613, as PRINCIPAL, also referred to as CONTRACTOR, and Westfield Insurance Company , as SURETY, are held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of Two Hundred Twenty Thousand Four Hundred Fifty Six and No/100 Dollars (S220,456.00) for the payment of which, well and tnily to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above -bound Principal has entered into a contract with the OWNER dated the day of_ 20 , for improvements at the Waterloo Regional Airport, which includes: The IDOT CSVI Project, Contract No. CNTRT-00005819, Terminal Security Upgrades (ACS) project consists of an upgrade to the existing door Access Control System at and within the Waterloo Regional Airport terminal building. The Access Control system will allow control of the Security Identification Display Area (SIDA) Line as well as controlling access to the Secured and Sterile areas. This control system upgrade will have door contacts allowing the monitoring personnel to know the status of each door upon a glance. Access controls for the automated exterior gates will also receive upgrades. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW, THEREFORE, the conditions of this obligation are such that if the above -bound PRINCIPAL shall faithfully and fully comply with the terms and conditions of said contract, including, but not limited to, any obligations created by way of warranties and/or guarantees for workmanship and materials which warranty and/or guarantee may extend for a period of time beyond completion of said contract, and such alternations or additions as may be made therein or in the plans and specifications, and shall indemnify and save the OWNER harmless against any claims for using any form of material, process, composition or anything which is patented, and likewise indemnify and save the OWNER harmless against all claims for damages by reason or any default or negligence, want of skill or care on the part of said PRINCIPAL or Agents in and about the performance of said contract, and shall comply with all laws pertaining to said work, and shall comply with and perform any and all warranties and/or guarantees provided for in said contact, then this obligation shall be void; otherwise of full force and effect. PROVIDED, further than upon either the default of the PRINCIPAL, or the failure of the said PRINCIPAL to promptly and efficiently prosecute said Work, in any respect, in accordance with the Contract Documents, the above bound SURETY shall either remedy the default of the PRINCIPAL or shall take charge of said Work and complete the Contract at his own expense, pursuant to its terms, receiving, however, any balance of the funds in the hands of said OWNER due under said contract. It shall be the duty of the SURETY to give an unequivocal notice in writing to the OWNER within ten (10) days after receipt of a declaration of default of the SURETY'S election either to remedy the default or defaults promptly or to perform the contract promptly, time being of the essence. In said notice of election, the SURETY shall indicate the date on which the remedy or performance will commence, and it shall be the duty of the SURETY to give prompt notice in writing to the OWNER immediately upon completion of (a) the remedy and/or correction of each default, (b) the remedy and/or correction of each item of condemned work, (c) the furnishings of each omitted item of work, and (d) the performance of the contract. The SURETY shall not asset solvency of its PRINCIPAL as justification for its failure to promptly remedy the default or defaults or perform the contract. In the event said PRINCIPAL shall fail or delay the prosecution and completion of said Work and said SURETY shall also fail to act promptly as hereinabove provided, then the OWNER shall cause ten (10) days' notice of such failure to be given, both to said PRINCIPAL and SURETY, and at the expiration of said ten (10) days, if said PRINCIPAL or SURETY do not proceed promptly to execute said Contract, the OWNER shall have the authority to cause said Work to be done and when the same is completed and the cost thereof estimated, the said PRINCIPAL and SURETY shall and hereby agree to pay any excess in the cost of said Work above the agreed price to be paid under said Contract. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5S19 C-4 CONTRACT Terminal Security Upgrades (ACS) AECOM 60734402 Page 241 of 404 Upon completion of said Contract pursuant to its terms, if any funds remain due on said Contract, the same shall be paid to said PRINCIPAL and SURETY. The said PRINCIPAL and SURETY further agree as part of this obligation to pay all such damages of any kind to person or property that may result from a failure in any respect to perform and complete said Contract including, but not limited to, all repair and replacement costs necessary to rectify construction error, architectural and engineering costs and fees, all (but not limited to) consultant fees, all testing and laboratory fees, and all legal fees and litigation costs incurred by the OWNER. The decision of the OWNER, upon any disputed question connected with the execution of said Contract, or any failure or delay in the prosecution of the Work by said PRINCIPAL or SURETY, shall be final and conclusive. The SURETY agrees that, other than as is provided in this bond, it may not demand of the OWNER the OWNER shall (a) perform any thing or act, (b) give any notice, (c) furnish any clerical assistance, (d) render any service, (3) furnish any papers or documents, or (f) take any other action of any nature or description which is not required of the OWNER to be done under the contract documents. IN WITNESS WHEREOF, tile SURETY and PRINCIPAL have executed this instrument under their several seals this NA- day of '.P ,n�a, el , 2tj , the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. IN THE PRESENCE OF: Witness PRINCIPAL: K&W Electric, Inc. By: SURETY: By: e tfr Insur no Company E. A. von Harz, Attorney-iri c( (a) Where the Performance Bond is executed by an attorney -in -fact, there shall be attached to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. (b) Each copy of the Bond shall be countersigned by an authorized agent of the bonding company licensed• to do business in the State of Iowa. The title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding company shall be attached to each copy of the bond. (d) The Contractors signature on the bond shall correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution (which may be combined with the corporate resolution granting the signing officer authority to execute contracts) granting the corporate officer who executes the Bond the authority to do so. (t) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Iowa. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-5 CONTRACT Terminal Security Upgrades (ACS) AECOM 60734402 Page 242 of 404 Bond Number: 455079N PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, K&W Electric Inc., 1127 Lincoln Street, Cedar Falls, IA 50613, as PRINCIPAL, also referred to as CONTRACTOR, and Westfield Insurance Company , as SURETY, are held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of Two Hundred Twenty Thousand Four Hundred Fifty Six and No/100 Dollars (S220,456.00), for the use and protection of said OWNER and all subcontractors and all persons supplying labor, materials, machinery and equipment for the performance of the work provided for in the contract hereinafter referred to, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above -bound Principal has entered into a contract with the OWNER dated the day of , 20 , for improvements at the Waterloo Regional Airport, which includes: The IDOT CSVI Project, Contract No. CNTRT-00005819, Terminal Security Upgrades (ACS) project consists of an upgrade to the existing door Access Control System at and within the Waterloo Regional Airport terminal building. The Access Control system will allow control of the Security Identification Display Area (SIDA) Line as well as controlling access to the Secured and Sterile areas. This control system upgrade will have door contacts allowing the monitoring personnel to know the status of each door upon a glance. Access controls for the automated exterior gates will also receive upgrades. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW, THEREFORE, the condition of this obligation is such that if the above -bound PRINCIPAL shall promptly make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of the work provided for in said Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following conditions: The said SURETY to this bond, for value received, hereby stipulates and agrees that no change or changes, extension of time or extensions of time, alteration of alterations or addition or additions to the terms of the contract or to the work to be performed thereunder, or the specifications or drawings accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change or changes, extension of time or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work or to the specifications or drawings. 2. A claimant is defined as any subcontractor and any person supplying labor, materials, machinery, or equipment in the prosecution of the work provided for in said contract. Signed and sealed this 14IM day of k-eL Nickel , 20 IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-6 CONTRACT Terminal Security Upgrades (ACS) A1iCOM 60734402 Page 243 of 404 IN THE PRESENCE OF: PRINCIPAL: K&W Electric, Inc. By: SURETY: By: Westfield Insurance mpany von �arz A orne . A. y-in NOTE: (a) Where the Payment Bond is executed by an attorney -in -fact, there shall be attached to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. (b) Each copy of the Bond shall be countersigned by an authorized agent of the bonding company licensed to do business in the State of Iowa. The title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding company shall be attached to each copy of the bond. (d) The Contractors signature on the bond shall correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution (which may be combined with the corporate resolution granting the signing officer authority to execute contracts) granting the corporate officer who executes the Bond the authority to do so. (f) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Iowa. IDOT CSV t Project No. 91240AL0200 CONTRACT NO. 5819 C-7 CONTRACT Terminal Security Upgrades (ACS) AECOM G0734402 Page 244 of 404 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 06/20122, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 1429172 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio CERTIFIED COPY Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint JOSEPH I. SCHMIT, JEFFREY R. BAKER, GREG T. LAMAIR, E. A. VONHARZ, BRANDON HORBACH, JOINTLY OR SEVERALLY of WEST DES MOINES and State of IA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other Instruments ar contracts of suretyship in any penal limit. LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-In-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). in Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 20th day of JUNE A.D., 2022 . State of Ohio County of Medina ss.: Corporate ar' �yilflifa,s Seats or................. tck Affixed /Ay '+� ~ ° SEAL �4u,µl+li•�- 3��yF 1 \n.f..enp.1 ;u SEAL :: WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY By: Gary W. /t tumper, Nationar Surety Leader and Senior Executive On this 20th day of JUNE A.D., 2022 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides In Medina, OH; that he Is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal Affixed State of Ohio County of Medina ss.: �agnunneyff ;•ck'AL.s ti David A. I otnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is stilt in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of A.D., • ..k Frank A. Carrino, Secretary Secretary BPOAC2 (combined) (03.22) Page 245 of 404 / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) E(MM/D /Y 25 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AssuredPartners Great Plains, LLC 4200 University Ave., Suite 200 West Des Moines IA 50266-5945 CONTACT NAME:J°di Messer PHONE FAX (A/C, No, Ext): 515-237-0149 (A/C, No): 515-237-0149 ADDRESS: jodi.messer@assuredpartners.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Accident Fund Ins Co of America 10166 INSURED K&WELEC-02 K&W Electric, Inc. 1127 Lincoln St Cedar Falls IA 50613 INSURER B : Middlesex Insurance Company 23434 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 917759119 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD DDL NSD SWUBR VD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DDIYYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y A0174644 7/15/2024 7/15/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE RETED PREMISESO(Ea occurrence) $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES jE X PER: LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED x SCHEDULED AUTOS NON -OWNED AUTOS ONLY A0174644 7/15/2024 7/15/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE A0174644 7/15/2024 7/15/2025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENT ON $ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A WCP100044467 7/15/2024 7/15/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 B Professional Liability A0174644 7/15/2024 7/15/2025 Per Occurance General Agregate 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) WO 7399 Project: TERMINAL SECURITY UPGRADES (ACS) Waterloo Regional Airport is an Additional Insured - Any Person or Organization you are Performing Work For; Lessor of Leased Equipment; Lessor or Leased Land; Managers or Lessors or Premises; Owners, Lessees or Contractors; State or Political Subdivisions; when required in a written contract, agreement or permit on a primary and non-contributory basis with respects to the General Liability policy per form CG7021 (06/18) CERTIFICATE HOLDER CANCELLATION Waterloo Regional Airport 2790 Livingston Ln Waterloo IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE • ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 246 of 404 CONTRACT FOR TERMINAL SECURITY UPGRADES (CCTV) AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA THIS AGREEMENT, made and entered into this day of , 20 , by and between the Waterloo Regional Airport for the City of Waterloo, Black Hawk County, Iowa, hereinafter referred to as the "Owner" and K&W Electric Inc., 1127 Lincoln Street, Cedar Falls, IA 50613, a corporation organized and existing under the laws of the State of Iowa, hereinafter referred to as the "Contractor." WITNESSETH: That the Contractor for and in consideration of One Hundred Twenty -Six Thousand One Hundred Twenty One Dollars and No Cents ($ 126,120.00), based on the unit bid prices payable as set forth in the Specifications constituting a part of this Contract as shown on the attached Exhibit A, hereby agrees to construct in accordance with the Plans and Specifications therefore, and in the location designated on the Plans, the various items of work awarded said Contractor on the day of ,2025, as follows, being numbered as shown in schedule of prices bid in the attached Proposal which is a part of this Contract. Said Specifications and Plans are hereby made a part of and the basis of this Agreement and a true copy of said Plans and Specifications is now with the Waterloo Regional Airport in the office of the Director of Aviation, Waterloo, Iowa, under date of January 7, 2025. 1. That in consideration of the foregoing, the Owner hereby agrees to pay the Contractor promptly and according to the requirements of the Specifications, the amounts set forth, subject to the conditions as set forth in the Specifications. 2. That it is understood that the parties named herein are the only persons interested in this Contract and principals. 3. That the Contractor has examined the site of the proposed work, Plans, Specifications, and Contract Documents in order that he might become familiar with the character, quality, and quantity of the work to be performed, the materials to be furnished and the requirements of the Specifications, and Contract Documents. 4. It is hereby further agreed that any reference herein to the "Contract" shall include all "Contract Documents" for the Waterloo Regional Airport, IDOT CSVI Project No. 9I240AL0200, Contract No. CNTRT-00005819 Terminal Security Upgrades (CCTV) and said "Contract Documents" are hereby made a part of this agreement as fully as if set out at length herein, and that this contract is limited to the items in the proposal as signed by the "Contractor" and included in the "Contract Documents." 5. That in the event any surety upon any bond furnished in connection with this Contract becomes unacceptable to the Owner, or if any such surety shall fail to furnish reports as to his financial condition from time to time as requested by the Owner, the Contractor agrees to furnish promptly such additional security as may be required from time to time to protect the interests of the Owner or of persons supplying labor or materials in the prosecution of the work contemplated by the Contract. 6. That the Contractor shall not commence any work to be performed under this Contract until he has obtained from responsible insurance companies, all insurance required, as set forth in the General Provisions and that the Contractor shall maintain this insurance in full force and effect until the work to be performed under this Contract has been accepted by the Owner. 7. That the Contractor shall not start working on any alterations requiring a supplemental agreement until the agreement setting forth the adjusted price shall be executed by the Owner and the Contractor. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-1 CONTRACT Terminal Security Upgrades (CCTV) AECOM 60734402 Page 247 of 404 8. That the Contractor, at all times, shall observe and comply with all federal, state, territory or possession and local laws, codes, ordinances and regulations in any manner affecting the conduct of the work, and the Contractor and his surety shall indemnify and save harmless the Owner and all his officers, Engineer, agents and servants against claims or liability arising from or based on the violation of any such law, ordinance, deregulation, order or decree, whether by himself or his employees. 9. That it is further understood and agreed by the parties to this Contract that the above work shall be commenced within 10 days after "Notice to Proceed" and shall be completed according to the terms of the entire contract within seventy-five (75) calendar days from the date established in the Notice to Proceed. Failure to complete within the allotted time will result in assessment of liquidated damages in the amount of $250.00 per calendar day for each day in excess of the authorized contract time. 10. The Contractor and Owner understand and agree that time is of essence for completion of the Work and that the Owner will suffer additional expense and financial loss if said work is not completed within the authorized Contract Time. Furthermore, the Contractor and Owner recognize and understand the difficulty, delay, and expense in establishing the exact amount of actual financial loss and additional expense. Accordingly, in place of requiring such proof, the Contractor expressly agrees to pay the Owner as liquidated damages the non -penal sum of $250.00 per day for each calendar day required in excess of the authorized Contract Time for the overall contract. Furthermore, the Contractor understands and agrees that: a. the Owner has the right to deduct from any moneys due the Contractor, the amount of said liquidated damages. b. the Owner has the right to recover the amount of said liquidated damages from the Contractor, Surety, or both. 11. It is further understood that any action in court against the Contractor or sureties on his bond because of damage to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the Specifications, or on account of the failure of said Contractor to fully comply with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 12. Second Party shall maintain all work done hereunder in good order for a period of 12 months from and after the date it is accepted by the Waterloo Regional Airport, City of Waterloo, Iowa, which maintenance shall be without expense to First Party or the abutting property. In the event of the failure or default of Second Party to remedy any or all defects appearing in said work within a period of 12 months from the date of its acceptance by said Board and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said City, addressed to said Contractor at the address herein given, then First Party may proceed to remedy such defects and the cost and expenses thereof may be recovered from said Second Party and the sureties on its bond by action brought in any court of competent jurisdiction, but such suit may be brought in the District Court of Black Hawk County, Iowa. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-2 CONTRACT Terminal Security Upgrades (CCTV) AECOM 60734402 Page 248 of 404 IN WITNESS WHEREOF, the parties hereto have set their hands for the purpose herein expressed to this and three other instruments of like tenor, as of the day of , 2025. ATTEST: Secretary CITY OF WATERLOO By Mayor CONTRACTOR I{�- £ I eC ,rl c Z ►� c.- By Finn Name ►^ia De / ' .) Signature 112,7 %,lam l Title F 111 TA— 58.613 Business Address Witness IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-3 CONTRACT Terminal Security Upgrades (CCTV) AECOM 60734402 Page 249 of 404 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, K&W Electric Inc., 1127 Lincoln Street, Cedar Falls, IA 50613, as PRINCIPAL, also referred to as CONTRACTOR, and , as SURETY, are held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of One Hundred Twenty -Six Thousand One Hundred Twenty One Dollars and No Cents ($ 126,120.00) for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above -bound Principal has entered into a contract with the OWNER dated the day of_ 2025, for improvements at the Waterloo Regional Airport, which includes: The IDOT CSVI Project, Contract No. CNTRT-00005819, Terminal Security Upgrades (CCTV) project consists of an expansion of the existing surveillance system at the remote exterior gates, at the SIDA doors, baggage belts, and other unmonitored areas. The existing Salient System will be relocated to a dedicated, secured room as part of this project. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW, THEREFORE, the conditions of this obligation are such that if the above -bound PRINCIPAL shall faithfully and fully comply with the terms and conditions of said contract, including, but not limited to, any obligations created by way of warranties and/or guarantees for workmanship and materials which warranty and/or guarantee may extend for a period of time beyond completion of said contract, and such alternations or additions as may be made therein or in the plans and specifications, and shall indemnify and save the OWNER harmless against any claims for using any form of material, process, composition or anything which is patented, and likewise indemnify and save the OWNER harmless against all claims for damages by reason or any default or negligence, want of skill or care on the part of said PRINCIPAL or Agents in and about the performance of said contract, and shall comply with all laws pertaining to said work, and shall comply with and perform any and all warranties and/or guarantees provided for in said contact, then this obligation shall be void; otherwise of full force and effect. PROVIDED, further than upon either the default of the PRINCIPAL, or the failure of the said PRINCIPAL to promptly and efficiently prosecute said Work, in any respect, in accordance with the Contract Documents, the above bound SURETY shall either remedy the default of the PRINCIPAL or shall take charge of said Work and complete the Contract at his own expense, pursuant to its terms, receiving, however, any balance of the funds in the hands of said OWNER due under said contract. It shall be the duty of the SURETY to give an unequivocal notice in writing to the OWNER within ten (10) days after receipt of a declaration of default of the SURETY'S election either to remedy the default or defaults promptly or to perform the contract promptly, time being of the essence. In said notice of election, the SURETY shall indicate the date on which the remedy or performance will commence, and it shall be the duty of the SURETY to give prompt notice in writing to the OWNER immediately upon completion of (a) the remedy and/or correction of each default, (b) the remedy and/or correction of each item of condemned work, (c) the furnishings of each omitted item of work, and (d) the performance of the contract. The SURETY shall not asset solvency of its PRINCIPAL as justification for its failure to promptly remedy the default or defaults or perform the contract. In the event said PRINCIPAL shall fail or delay the prosecution and completion of said Work and said SURETY shall also fail to act promptly as hereinabove provided, then the OWNER shall cause ten (10) days' notice of such failure to be given, both to said PRINCIPAL and SURETY, and at the expiration of said ten (10) days, if said PRINCIPAL or SURETY do not proceed promptly to execute said Contract, the OWNER shall have the authority to cause said Work to be done and when the same is completed and the cost thereof estimated, the said PRINCIPAL and SURETY shall and hereby agree to pay any excess in the cost of said Work above the agreed price to be paid under said Contract. Upon completion of said Contract pursuant to its terms, if any funds remain due on said Contract, the same shall be paid to said PRINCIPAL and SURETY. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-4 CONTRACT Terminal Security Upgrades (CCTV) AECOM 60734402 Page 250 of 404 The said PRINCIPAL and SURETY further agree as part of this obligation to pay all such damages of any kind to person or property that may result from a failure in any respect to perform and complete said Contract including, but not limited to, all repair and replacement costs necessary to rectify construction error, architectural and engineering costs and fees, all (but not limited to) consultant fees, all testing and laboratory fees, and all legal fees and litigation costs incurred by the OWNER. The decision of the OWNER, upon any disputed question connected with the execution of said Contract, or any failure or delay in the prosecution of the Work by said PRINCIPAL or SURETY, shall be final and conclusive. The SURETY agrees that, other than as is provided in this bond, it may not demand of the OWNER the OWNER shall (a) perform any thing or act, (b) give any notice, (c) furnish any clerical assistance, (d) render any service, (3) furnish any papers or documents, or (f) take any other action of any nature or description which is not required of the OWNER to be done under the contract documents. IN WITNESS WHEREOF, the SURETY and PRINCIPAL have executed this instrument under their several seals this day of , 2025, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. IN THE PRESENCE OF: Witness Witness PRINCIPAL: By: SURETY: By: NOTE: (a) Where the Performance Bond is executed by an attorney -in -fact, there shall be attached to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. (b) Each copy of the Bond shall be countersigned by an authorized agent of the bonding company licensed to do business in the State of Iowa. The title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding company shall be attached to each copy of the bond. (d) The Contractor's signature on the bond shall correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution (which may be combined with the corporate resolution granting the signing officer authority to execute contracts) granting the corporate officer who executes the Bond the authority to do so. (f) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Iowa. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-5 CONTRACT Terminal Security Upgrades (CCTV) AECOM 60734402 Page 251 of 404 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, K&W Electric Inc., 1127 Lincoln Street, Cedar Falls, IA 50613, as PRINCIPAL, also referred to as CONTRACTOR, and , as SURETY, are held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of One Hundred Twenty -Six Thousand One Hundred Twenty One Dollars and No Cents ($ 126,120.00), for the use and protection of said OWNER and all subcontractors and all persons supplying labor, materials, machinery and equipment for the performance of the work provided for in the contract hereinafter referred to, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above -bound Principal has entered into a contract with the OWNER dated the day of , 2025, for improvements at the Waterloo Regional Airport, which includes: The IDOT CSVI Project, Contract No. CNTRT-00005819, Terminal Security Upgrades (CCTV) project consists of an expansion of the existing surveillance system at the remote exterior gates, at the SIDA doors, baggage belts, and other unmonitored areas. The existing Salient System will be relocated to a dedicated, secured room as part of this project. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW, THEREFORE, the condition of this obligation is such that if the above -bound PRINCIPAL shall promptly make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of the work provided for in said Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following conditions: 1. The said SURETY to this bond, for value received, hereby stipulates and agrees that no change or changes, extension of time or extensions of time, alteration of alterations or addition or additions to the terms of the contract or to the work to be performed thereunder, or the specifications or drawings accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change or changes, extension of time or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work or to the specifications or drawings. 2. A claimant is defined as any subcontractor and any person supplying labor, materials, machinery, or equipment in the prosecution of the work provided for in said contract. Signed and sealed this IN THE PRESENCE OF: day of , 2025. Witness Witness PRINCIPAL: By: SURETY: By: IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-6 CONTRACT Terminal Security Upgrades (CCTV) AECOM 60734402 Page 252 of 404 NOTE: (a) Where the Payment Bond is executed by an attorney -in -fact, there shall be attached to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. (b) Each copy of the Bond shall be countersigned by an authorized agent of the bonding company licensed to do business in the State of Iowa. The title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding company shall be attached to each copy of the bond. (d) The Contractor's signature on the bond shall correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution (which may be combined with the corporate resolution granting the signing officer authority to execute contracts) granting the corporate officer who executes the Bond the authority to do so. (f) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Iowa. 1DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-7 CONTRACT Terminal Security Upgrades (CCTV) AECOM 60734402 Page 253 of 404 PROPOSAL FORM FOR TERMINAL SECURITY UPGRADES (CCTV) AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 All: EXHIBIT A ]. The undersigned, being a Corporation existing under the laws of the State of TOWA , a Pa►tne►ship consisting of the following partners: K-ALAI LEIeGfrlC. , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this Terminal Security Upgrades, Contract No. CNTRT- 00005819, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: 2, The extent of the work involved is as follows. This IDOT CSVI Project No. 91240AL0200, Contract No. CNTRT-00005819 project portion consists of an expansion of the existing surveillance system at the remote exterior gates, at the SIDA doors, baggage belts, and other unmonitored areas, The existing Salient System will be relocated to a dedicated, secured room as part of this project. 3. The undersigned, in compliance with your Invitation for Bids dated 1 7125 , hereby proposes to o the work n called for in said Contract and Specifications and shown on said Plans ad Addendum Nos. and to furnish all materials, tools, labor and all appliances and appurtenances necessary for the said work at tie following rates and prices: IDOT CSVI Project No. 91240AL0200 CONTRACT NO, 5819 P_1 PROPOSAL FORM Terminal Security Upgrades (CCTV) ATiCOM 60734402 Page 254 of 404 ITEMIZED PROPOSAL WATERLOO REGIONAL AIRPORT WATERLOO, IOWA PROJECT: • TERMINAL SECURITY UPGRADES IDOT CSVI Project, Contract No. CNTRT-00005819 ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT QUOTE PRICE TOTAL QUOTE PRICE BASE QUOTE l EXTERIOR CAMERA WORK. LS 1 $ 75- I' 1 . $ q3:$c) q ® 4 -$ 77g77 0 $ .,,5S0 - 2 INTERIOR CAMERA WORK LS 1 $ .77 977 $ '.A3b - 3 SERVER RELOCATION LS I TOTAL QUOTE $ 12 , j ,A j 4. The Airport reserves the right to award the contract based on the Total Bid. 5. The undersigned understands that the above quantities of work to be done are approximate only and are intended principally to serve as a guide in evaluating the bids. All quantities are subject to increase or decrease and are to be performed at the unit prices stipulated herein. 6. It is understood that the schedule of minimum wage rates, as established by the Secretary of Labor and included in the Specifications, are to govern on this project, and the undersigned certifies that he has examined this schedule of wage rates and that the prices bid are based on such established wage rates. 7. The undersigned certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The undersigned certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, tinder his control, where segregated facilities are maintained. The undersigned agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or any other reason. The undersigned agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files. 8. The undersigned agrees, upon written notice of the acceptance of this bid, within thirty (30) days after the opening of the bids, that he will execute the Contract in accordance with the bid as accepted and give Contract (Performance and Payment) bond on attached forms within five (5) days after the prescribed forms are presented for signature. 9. The undersigned further agrees that if awarded the Contract, he will continence the work within ten (10) calendar days after the receipt of a "Notice to Proceed" and that he will substantially complete all work according to the terms of the entire contract within Seventy -Five (75) calendar days from the date established in the Notice to Proceed. An extension of time may be allowed when extra or additional work is ordered by the Engineer. 10. The contractor, by submission of this offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States trade Representative (USTR). !DOT CSVi Project No. 91240AL0200 CONTRACT NO. 5819 P-2 PROPOSAL FORM Terminal Security Upgrades (CCTV) AECOM 60734402 Page 255 of 404 b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign county on said list or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign cottony on the said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 11. The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify this statement, it shall attach an explanation to this solicitation/proposal. 12. The undersigned hereby declares that the only parties interested in this Proposal are named herein, that this Proposal is made without collusion with any other person, firm, or corporation, that no member of the Council, Waterloo Regional Airport or agent of the City of Waterloo, Iowa, is directly or indirectly financially interested in this bid. 13. In submitting this bid, it is understood that the right to reject any and all bids has been reserved and that this bid may not be withdrawn for a period of ninety (90) days from the opening thereof. !DOT CSVi Project No. 91240AL0200 CONTRACT NO. 5819 P-3 PROPOSAL FORM Terminal Security Upgrades (CCTV) AECOM 60734402 Page 256 of 404 14. Attachment to This Bid. The following documents are attached to and made a part of this Bid: a. Non -Collusion Affidavit of Prime Bidder. b, Statement of Intent —Non -Discrimination and Equal Opportunity Statement. c. Targeted Small Business, 15. The Bidder shall indicate whether the bid is submitted by a/an: ❑ Individual, Sole Proprietorship ❑ Partnership $� Corporation ❑ Joint -venture: all parties must join -in and execute all documents ❑ Other Respectfully submitted, Bidder By Sm'ety., toeVr'ie Signature p res t`.{earr- Title t.nee l►k. Si-. Address Cedar- tea {fss it=} 4104 LI (Include Zip Code) 31j— 271•- D141S Telephone No. 1DOT CSV1 Project No, 91240AL0200 CONTRACT NO. 5819 P-4 PROPOSAL FORM Terminal Security Upgrades (CCTV) AECOM 60734402 Page 257 of 404 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of '1O )ss County of ttjk &K t4 a1 K- ) that: (1) He is epjexy, 1J Uri s , being first duly sworn, deposes and says Owner, Partner fficei)Rem'esentative or Age►rt of , the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid. (3) Such bid is genuine and is not a collusive or sham bid. (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before inc this 1,day of reito ry ,'-Yt , 20,25 cL- Title My Cantnissio❑ Expires T/lr✓e. rvi (Z5, 200 ID0'1' CSVI Project No, 91240AL0200 CONTRACT NO, 5819 (Signed) Title Presi dec + P-5 PROPOSAL FORM Terminal Security Upgrades (CCTV) AECOM 60734402 Page 258 of 404 STATEMENT OF INTENT NONDISCRIMINATION AND EQUAL, OPPORTUNITY STATEMENT The Contractor does hereby certify to the Waterloo Regional Airport, that no person shall, in any way, be favored or discriminated against because of his race, political or religious opinions and affiliations, national origins, sex, age, sexual orientation, gender identity, disability, color, creed, marital status, employee union or association membership or office herein, If selected as the successful bidder, this contractor hereby agrees to file either a nondiscrimination and equal opportunity statement and/or an Affirmative Action Program, Improvements to the Waterloo Regional Airport consisting of TERMINAL, SECURITY UPGRADES (CCTV) 1DOT CSVI Project, Contract No. CNTRT-00005819 IDOT CSVI Project No. 91240AL0200 CONTRACT No. 5819 164-141 £1 toc+r c Tv4 ( COMPANY 18rict U. D.Ve- e EXECUTIVE OFFICER AFFIRMATIVE ACTION OFFICER ADDRESS OF THE AFFIRMATIVE ACTION OFFICER //a 7 L.l1t.C'U 1tk -t) ►� PHONE NUMBER 1 - ;z.'7 °y _ 0111 P•6 PROPOSAL FORM Terminal Security Upgrades (CCTV) AECOM 60734402 Page 259 of 404 Form 730007WP 7-97 $ / \ 0 m z /R - (� m mu_ \0 n< 2 /q \\ eth a (To Be Completed By All Bidders per the Current Contract Provision) $ ._ c k �o .c u) \ \ o cr m m cs E ® m \ k / « E al j / % 2 • % m < 2 z \ 7 k ® \ f / \ 2 90 t as F- ƒ $ o ƒ k \ o £ 2 3 $ • o • b ƒ to / 2 m E • co j \ / # c c o 2 % E $ ®u; ® o c r7 E 2 o oo c co - 0 ( \ f % ƒ - L. c 3 \ E9 ( \ \ \\ 3 a eLe %\ >' E a so °g • = ij . f 0 a/ 2\ \k q @= cm '• Q $ me 0 CO 7\ 3m R 02 =E oo / c-o • m k / �io �k Q. 1-6 � \ @ 2 to� _\ �� R� J= • o °= c .� ƒ f / S / »§ ±/ ®▪ \ ƒE —¥ o o §± sa e & -0 . o . /( )/ .— e$ ® ©• a® /§ \% 3/ // // 1/ 3Q aR zS QUOTATION USED IN BID YES/ DOLLAR AMT. PROPOSED NO TO BE SUBCONTRACTED QUOTES RECEIVED DATES CONTACTED >-k SUBCONTRACTOR TSB DATES s CONTACTED Am lead i -- 1Jl c TOTG f T5I `S "Cd i I M 'S / el 2 k c 08 d7 CD at oc «§ o • (0 k\ \ E k \ \/ /f / � m / Page 260 of 404 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Econornic Development Authority (515-725-3132) or from its website at: https://www.iowa.gov/tsb/index.php/home. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work, 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on-line at: http://www.dot.state.ia.us/Iooai_systems/publications/tsb contract_provision.pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. TSB-5 Page 261 of 404 Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: Yes ❑ No V]Yes No J Yes ❑ No IA Yes ❑ No ($a Yes ❑ No My company is authorized to transact business in lowa. (To help you determine If your company Is authorized, please review the worksheet on the next page). My company has an office to transact business in lowa. My company's office in Iowa is suitable for more than receiving mall, telephone calls, and e-mail. My company has been conducting business in lowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder, Please complete Parts 13 and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa durin the past 3 years at the following addresses: trt- Dates: 3 / IP.1 to / r �s / 02 / Address' 1127 ay. co bi v+. City, State, Zip* Ced4r Fa.i I sI T44 S0613 Dates: / / to / / Address' City, State, Zip: Dates: / / to / / Address' You may attach additional sheet(s) if needed. City, State, Zip:. To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor ❑ force preferences or any other type of preference to bidders or laborers? Yes ❑ No 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) If needed. To be completed by all bidders Part D 1 certify that the statements made on this document are true and complete to the best of my knowledge and 1 know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: g4- 41 6/cu.-irk k Signature: Date: . J4 / 2 5— You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309.6001 (09-15) BF-1. Page 262 of 404 Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor. 0 Yes No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. ❑ Yes RI Yes ❑ No No My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. My business Is an active corporation with the lowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. ❑ Yes fJ No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. ❑ Yes Ex! No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. ❑YesNo My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. ❑ Yes 0 No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. 0 Yes [J No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. 0 Yes ► No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. ❑ Yes No My business is a limited liability company whose certificate of organization Is filed in a state other than lowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309.6001 (09-i' BF-2 Page 263 of 404 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, K & W Electric Inc. as Principal, and Westfield Insurance Company as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER." In the penal sum Five percent of amount bid Dollars ($ 5% ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the 6th day of February , 2025, for Terminal Security Upgrades (CCTV) Waterloo Regional Airport NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as heroin stated, By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such I3id or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this 6th day of February , A,D. 2025. W fncss .743/17 Witness . Contract No, CNTRT-5819 Bid Bond z K & W Electric, Inc. (Seal) Principal By , /ria» b YiCAIXTitie) Pire4 ; aevat— Westfield Insurance Company (Seal) Surety By Joseph I. S Attorney -in -fact BB-1 of 1 Terminal Security Upgrades (ACS) Waterloo Regional Airport — 60734402 Page 264 of 404 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 06/20/22, FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Attorney CERTIFIED COPY POWER NO. 1429172 00 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know Alt Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company' and collectively as 'Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint JOSEPH 1. SCHMIT, JEFFREY R. BAKER, GREG T. LAMAiR, E. A. VONHARZ, BRANDON HORBACH, JOINTLY OR SEVERALLY of WEST DES MOINES and State of IA its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred in Its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship in any penal limit. - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do In the premises. Said appointment Is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: `Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-ln-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -In -Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary.' 'Be It Further Resolved, that the signature of any such destgnated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached" (Each adopted at a meeting held on February 8, 2000). in Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 20th day of JUNE A.D., 2022 . Corporals .,,,,N11111Ingo, ` 00!"!4ty' Seals e0 f•.....�'44 Affixed J. kyr la. p Must •ro Ilk 41/4 State of Ohio�� County of Medina ss.: vo totJgt isG.. '"•SEAL WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHiO FARMERS INSURANCE COMPANY By: Gary W. tumper, ('tationar"Surety Leader and Senior Executive On this 20th day of JUNE A,D., 2022 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above Instrument; that he knows the seals of said Companies; that the seals affixed to said Instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seat Affixed State of Ohio County of Medina ss.: cx\Ai • Avearia. David A. Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are In full force and effect. In Witness Wherepf, I have hereunto set my hand and affixed the seats of said Companies at Westfield Center, Ohio, this 6th day of February A�D•, 2025 • ,,,N•Pu/r/Mly, ,,, ,,un,,,., ,,.PnWnllllryi. r`' Ial i ,,, �pNA( ttpifr `�h 1') d ZSEALQ ; m e es: ** Secretary "•40,00I ''rgggn .t11.N•d,,,,` iq•yinnfn••",,,J, BPOAC2 (combined) (03-22) Frank A. Carrino, Secretary Page 265 of 404 TABULATION OF QUOTES WATERLOO REGIONAL AIRPORT TERMINAL SECURITY UPGRADES (CCTV) IDOT CSVI PROJECT NO. 91240AL0200 IDOT CONTRACT NO. CNTRT-00005819 AECOM PROJECT NO. 60734402 February 6, 2024 Engineer's Estimate K&W Electric Inc. Cedar Falls, IA ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST 1 EXTERIOR CAMERA WORK LS 1 $ 40,000.00 $ 40,000.00 $ 45,594.00 $ 45,594.00 2 INTERIOR CAMERA WORK LS 1 $ 62,000.00 $ 62,000.00 $ 77,977.00 $ 77,977.00 3 SERVER RELOCATION LS 1 $ 3,000.00 $ 3,000.00 $ 2,500.00 $ 2,550.00 BASE BID TOTAL $ 105,000.00 $ 126,121.00 Tabulated by: AECOM Page 267 of 404 °l,L Bond Number: 455079M PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, K&W Electric Inc., 1 127 Lincoln Street, Cedar Falls, IA 50613, as PRINCIPAL, also referred to as CONTRACTOR, and Westfield Insurance Company , as SURETY, are held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of One Hundred Twenty -Six Thousand One Hundred Twenty One Dollars and No Cents ($ 126,120.00) for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above -bound Principal has entered into a contract with the OWNER dated the day of _ , 2025, for improvements at the Waterloo Regional Airport, which includes: The IDOT CSVI Project, Contract No. CNTRT-00005819, Terminal Security Upgrades (CCTV) project consists of an expansion of the existing surveillance system at the remote exterior gates, at the SIDA doors, baggage belts, and other unmonitored areas. The existing Salient System will be relocated to a dedicated, secured room as part of this project. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW, THEREFORE, the conditions of this obligation are such that if the above -bound PRINCIPAL shall faithfully and fully comply with the terms and conditions of said contract, including, but not limited to, any obligations created by way of warranties andlor guarantees for workmanship and materials which warranty and/or guarantee may extend for a period of time beyond completion of said contract, and such alternations or additions as may be made therein or in the plans and specifications, and shall indemnify and save the OWNER harmless against any claims for using any form of material, process, composition or anything which is patented, and likewise indemnify and save the OWNER harmless against all claims for damages by reason or any default or negligence, want of skill or care on the part of said PRINCIPAL or Agents in and about the performance of said contract, and shall comply with all laws pertaining to said work, and shall comply with and perform any and all warranties and/or guarantees provided for in said contact, then this obligation shall be void; otherwise of full force and effect. PROVIDED, further than upon either the default of the PRINCIPAL, or the failure of the said PRINCIPAL to promptly and efficiently prosecute said Work, in any respect, in accordance with the Contract Documents, the above bound SURETY shall either remedy the default of the PRINCIPAL or shall take charge of said Work and complete the Contract at his own expense, pursuant to its terms, receiving, however, any balance of the funds in the hands of said OWNER due under said contract. It shall be the duty of the SURETY to give an unequivocal notice in writing to the OWNER within ten (10) days after receipt of a declaration of default of the SURETY'S election either to remedy the default or defaults promptly or to perform the contract promptly, time being of the essence. In said notice of election, the SURETY shall indicate the date on which the remedy or performance will commence, and it shall be the duty of the SURETY to give prompt notice in writing to the OWNER immediately upon completion of (a) the remedy and/or correction of each default, (b) the remedy and/or correction of each item of condermied work, (c) the furnishings of each omitted item of work, and (d) the performance of the contract. The SURETY shall not asset solvency of its PRINCIPAL as justification for its failure to promptly remedy the default or defaults or perform the contract. In the event said PRINCIPAL shall fail or delay the prosecution and completion of said Work and said SURETY shall also fail to act promptly as hereinabove provided, then the OWNER shall cause ten (10) days' notice of such failure to be given, both to said PRINCIPAL and SURETY, and at the expiration of said ten (10) clays, if said PRINCIPAL or SURETY do not proceed promptly to execute said Contract, the OWNER shall have the authority to cause said Work to be done and when the same is completed and the cost thereof estimated, the said PRINCIPAL and SURETY shall and hereby agree to pay any excess in the cost of said Work above the agreed price to be paid under said Contract. Upon completion of said Contract pursuant to its terms, if any funds remain due on said Contract, the same shall be paid to said PRINCIPAL and SURETY. MOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 C-4 CONTRACT Terminal Security Upgrades (CCTV) AECOM 60734402 Page 268 of 404 The said PRINCIPAL and SURETY further agree as part of this obligation to pay all such damages of any kind to person or property that may result from a failure in any respect to perform and complete said Contract including, but not limited to, all repair and replacement costs necessary to rectify construction error, architectural and engineering costs and fees, all (but not limited to) consultant fees, all testing and laboratory fees, and all legal fees and litigation costs incurred by the OWNER. The decision of the OWNER, upon any disputed question connected with the execution of said Contract, or any failure or delay in the prosecution of the Work by said PRINCIPAL or SURETY, shall be final and conclusive. The SURETY agrees that, other than as is provided in this bond, it may not demand of the OWNER the OWNER shall (a) perform any thing or act, (b) give any notice, (c) furnish any clerical assistance, (d) render any service, (3) furnish any papers or documents, or (f) take any other action of any nature or description which is not required of the OWNER to be done under the contract documents. IN WITNESS WHEREOF, tje SURETY and PRINCIPAL have executed this instrument under their several seals this )L day of W'4"M►`vc.r4 , 2025, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. IN THE PRESENCE OF: Witn PRINCIPAL: K&W Electric, Inc. By: /v SURETY: By: Wetf djInsurance Company E. ,�. von Harz, Altornect NOTE: (a) Where the Performance Bond is executed by an attorney -in -fact, there shall be attache to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. (b) Each copy of the Bond shall be countersigned by an authorized agent of the bonding company licensed to do business in the State of Iowa. The title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding company shall be attached to each copy of the bond. (d) The Contractor's signature on the bond shall correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution (which may be combined with the corporate resolution granting the signing officer authority to execute contracts) granting the corporate officer who executes the Bond the authority to do so. (f) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Iowa. 1DOT CSVI Project No. 91240AL0200 CONTRACT NO.5819 C-5 CONTRACT Terminal Security Upgrades (CCTV) AECOM 60734402 Page 269 of 404 Bond Number: 455079M PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, K&W Electric inc., 1 127 Lincoln Street, Cedar Falls, IA 50613, as PRINCIPAL, also referred to as CONTRACTOR, and Westfield Insurance Company , as SURETY, are held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of One Hundred Twenty -Six Thousand One Hundred Twenty One Dollars and No Cents ($ 126,120.00), for the use and protection of said OWNER and all subcontractors and all persons supplying labor, materials, machinery and equipment for the performance of the work provided for in the contract hereinafter referred to, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above -bound Principal has entered into a contract with the OWNER dated the day of , 2025, for improvements at the Waterloo Regional Airport, which includes: The !DOT CSVI Project, Contract No. CNTRT-00005819, Terminal Security Upgrades (CCTV) project consists of an expansion of the existing surveillance system at the remote exterior gates, at the SIDA doors, baggage belts, and other unmonitored areas. The existing Salient System will be relocated to a dedicated, secured room as part of this project. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW, THEREFORE, the condition of this obligation is such that if the above -bound PRINCIPAL shall promptly make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of the work provided for in said Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following conditions: I. The said SURETY to this bond, for value received, hereby stipulates and agrees that no change or changes, extension of time or extensions of time, alteration of alterations or addition or additions to the terms of the contract or to the work to be performed thereunder, or the specifications or drawings accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change or changes, extension of time or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work or to the specifications or drawings. 2. A claimant is defined as any subcontractor and any person supplying labor, materials, machinery, or equipment in the prosecution of the work provided for in said contract. Signed and sealed this / Zl day of _)Ais.,624_ , 2025. IN THE PRESENCE OF: PRINCIPAL: K&W Electric, Inc. By: SURETY: WestfieIn By: .41 urance uo pany A. von Harz, Attorney -in - I IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 Terminal Security Upgrades (CCTV) C-6 CONTRACT AECOM 6073002 Page 270 of 404 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 06/20/22, FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Attorney CERTIFIED COPY POWER NO. 1429172 00 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duty organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint JOSEPH I. SCHMIT, JEFFREY R. BAKER, GREG T. LAMAIR, E. A. VONHARZ, BRANDON HORBACH, JOINTLY OR SEVERALLY of WEST DES MOINES and State of IA its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship in any penal limit. LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). !n Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE CQMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 20th day of JUNE A.D., 2022 . Corporate "'a%tUAA,w a Seals • .C. Affixed j f1":' •iL, �s p All State of Ohio County of Medina ss.: ellrpr• r „.1t MITERFj : a 1848ar WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY By: Gary W. UG tumper, Nationa; Surety Leader and Senior Executive On this 20th day of JUNE A.D., 2022 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides In Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal Affixed State of Ohio County of Medina ss.: Azearia. David A. Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of A.D., 0141TEAt'p°q l �. 1848 it, tate t Frank A. Carrino, Secretary 5ccrctary DPOAC2 (combined) (03-22) Page 271 of 404 A ECOM Imagine it. AECOM Delivered. 500 SW 7th Street Des Moines IA, 50309 USA aecom.com February 14, 2025 Mr. Steven Kjergaard Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Terminal Security Upgrades (CCTV) Waterloo Regional Airport Waterloo, Iowa CSVI Project No. 91210AL0200 Contract No. CNTRT-00005819 AECOM Project No. 60734402 Dear Mr. Kjergaard: We have reviewed the quote received by the City of Waterloo on February 6, 2025, for the above - mentioned project. A copy of the quote summary is attached. One (1) quote was received. Quote packages were provided to multiple CCTV/Electrical contractors with only one responding. The quote received from K&W Electric Inc.in the amount of $126,121.00 exceeded the Engineer's Estimate of Probable Construction Cost by $21,121.00. We have determined that some items that we had included in our Engineer's Estimate for the Access Control System were included in this pricing and not in the other package We recommend that the quote be accepted and awarded to K&W Electric Inc. in the amount of $126,121.00. If you have any questions or require additional information, please feel free to contact our office at your convenience. Yours sincerely, David B. Hughes, P.E. Project Manager aecom.com 1/1 Page 272 of 404 / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) E(MM/D /Y 25 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AssuredPartners Great Plains, LLC 4200 University Ave., Suite 200 West Des Moines IA 50266-5945 CONTACT NAME:J°di Messer PHONE FAX (A/C, No, Ext): 515-237-0149 (A/C, No): 515-237-0149 ADDRESS: jodi.messer@assuredpartners.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Accident Fund Ins Co of America 10166 INSURED K&WELEC-02 K&W Electric, Inc. 1127 Lincoln St Cedar Falls IA 50613 INSURER B : Middlesex Insurance Company 23434 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 577113653 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD DDL NSD SWUBR VD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DDIYYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y A0174644 7/15/2024 7/15/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE RETED PREMISESO(Ea occurrence) $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES jE X PER: LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED x SCHEDULED AUTOS NON -OWNED AUTOS ONLY A0174644 7/15/2024 7/15/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE A0174644 7/15/2024 7/15/2025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENT ON $ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A WCP100044467 7/15/2024 7/15/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 B Professional Liability A0174644 7/15/2024 7/15/2025 Per Occurance General Agregate 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) WO 7396 Project: TERMINAL SECURITY UPGRADES (CCTV) Waterloo Regional Airport is an Additional Insured - Any Person or Organization you are Performing Work For; Lessor of Leased Equipment; Lessor or Leased Land; Managers or Lessors or Premises; Owners, Lessees or Contractors; State or Political Subdivisions; when required in a written contract, agreement or permit on a primary and non-contributory basis with respects to the General Liability policy per form CG7021 (06/18) CERTIFICATE HOLDER CANCELLATION Waterloo Regional Airport 2790 Livingston Ln Waterloo IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE • ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 273 of 404 CONTRACT FOR TERMINAL SECURITY UPGRADES (SDU) AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA THIS AGREEMENT, made and entered into this day of , 2025, by and between the Waterloo Regional Airport for the City of Waterloo, Black Hawk County, Iowa, hereinafter referred to as the "Owner" and Peters Construction Corporation, 901 Black Hawk Road, Waterloo, Iowa 50701, a corporation organized and existing under the laws of the State of Iowa hereinafter referred to as the "Contractor." WITNESSETH: That the Contractor for and in consideration of Seventy three thousand seven hundred forty and no/100 dollars ($73,740.00), based on the unit bid prices payable as set forth in the Specifications constituting a part of this Contract, hereby agrees to construct in accordance with the Plans and Specifications therefore, and in the location designated on the Plans, the various items of work awarded said Contractor on the day of , 2025, as follows, being numbered 1 and 2 as shown in schedule of prices bid in the attached Proposal labeled Exhibit A which is a part of this Contract. Said Specifications and Plans are hereby made a part of and the basis of this Agreement and a true copy of said Plans and Specifications is now with the Waterloo Regional Airport in the office of the Director of Aviation, Waterloo, Iowa, under date of January 7, 2025. 1. That in consideration of the foregoing, the Owner hereby agrees to pay the Contractor promptly and according to the requirements of the Specifications, the amounts set forth, subject to the conditions as set forth in the Specifications. 2. That it is understood that the parties named herein are the only persons interested in this Contract and principals. 3. That the Contractor has examined the site of the proposed work, Plans, Specifications, and Contract Documents in order that he might become familiar with the character, quality, and quantity of the work to be performed, the materials to be furnished and the requirements of the Specifications, and Contract Documents. 4. It is hereby further agreed that any reference herein to the "Contract" shall include all "Contract Documents" for the Waterloo Regional Airport, IDOT CSVI Project No. 9I240AL0200, Contract No. CNTRT-00005819 Terminal Security Upgrades (SDU) and said "Contract Documents" are hereby made a part of this agreement as fully as if set out at length herein, and that this contract is limited to the items in the proposal as signed by the "Contractor" and included in the "Contract Documents." 5. That in the event any surety upon any bond furnished in connection with this Contract becomes unacceptable to the Owner, or if any such surety shall fail to furnish reports as to his fmancial condition from time to time as requested by the Owner, the Contractor agrees to furnish promptly such additional security as may be required from time to time to protect the interests of the Owner or of persons supplying labor or materials in the prosecution of the work contemplated by the Contract. 6. That the Contractor shall not commence any work to be performed under this Contract until he has obtained from responsible insurance companies, all insurance required, as set forth in the General Provisions and that the Contractor shall maintain this insurance in full force and effect until the work to be performed under this Contract has been accepted by the Owner. 7. That the Contractor shall not start working on any alterations requiring a supplemental agreement until the agreement setting forth the adjusted price shall be executed by the Owner and the Contractor. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 C-1 CONTRACT Terminal Security Upgrades (SDU) AECOM 60734402 Page 274 of 404 8. That the Contractor, at all times, shall observe and comply with all federal, state, territory or possession and local laws, codes, ordinances and regulations in any manner affecting the conduct of the work, and the Contractor and his surety shall indemnify and save harmless the Owner and all his officers, Engineer, agents and servants against claims or liability arising from or based on the violation of any such law, ordinance, deregulation, order or decree, whether by himself or his employees. 9. That it is further understood and agreed by the parties to this Contract that the above work shall be commenced within 10 days after "Notice to Proceed" and shall be completed according to the terms of the entire contract within seventy-five (75) calendar days from the date established in the Notice to Proceed. Failure to complete within the allotted time will result in assessment of liquidated damages in the amount of $250.00 per calendar day for each day in excess of the authorized contract time. 10. The Contractor and Owner understand and agree that time is of essence for completion of the Work and that the Owner will suffer additional expense and financial loss if said work is not completed within the authorized Contract Time. Furthermore, the Contractor and Owner recognize and understand the difficulty, delay, and expense in establishing the exact amount of actual financial loss and additional expense. Accordingly, in place of requiring such proof, the Contractor expressly agrees to pay the Owner as liquidated damages the non -penal sum of $250.00 per day for each calendar day required in excess of the authorized Contract Time for the overall contract. Furthermore, the Contractor understands and agrees that: a. the Owner has the right to deduct from any moneys due the Contractor, the amount of said liquidated damages. b. the Owner has the right to recover the amount of said liquidated damages from the Contractor, Surety, or both. 11. It is further understood that any action in court against the Contractor or sureties on his bond because of damage to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the Specifications, or on account of the failure of said Contractor to fully comply with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 12. Second Party shall maintain all work done hereunder in good order for a period of 12 months from and after the date it is accepted by the Waterloo Regional Airport, City of Waterloo, Iowa, which maintenance shall be without expense to First Party or the abutting property. In the event of the failure or default of Second Party to remedy any or all defects appearing in said work within a period of 12 months from the date of its acceptance by said Board and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said City, addressed to said Contractor at the address herein given, then First Party may proceed to remedy such defects and the cost and expenses thereof may be recovered from said Second Party and the sureties on its bond by action brought in any court of competent jurisdiction, but such suit may be brought in the District Court of Black Hawk County, Iowa. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 C-2 CONTRACT Terminal Security Upgrades (SDU) AECOM 60734402 Page 275 of 404 IN WITNESS WHEREOF, the parties hereto have set their hands for the purpose herein expressed to this and three other instruments of like tenor, as of the day of , 2025. ATTEST: Secretary CITY OF WATERLOO By Mayor CONTRACTOR Peters Construction Corporation Firm Name Signature President Title 901 Black Hawk Rd Waterloo IA 50701 Business Address IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 C-3 CONTRACT Terminal Security Upgrades (SDU) AECOM 60734402 Page 276 of 404 Bond Number: 54261950 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Peters Construction Corporation, 901 Black Hawk Road, Waterloo, Iowa 50701, as PRINCIPAL, also referred to as CONTRACTOR, and United Fire & Casualty Company , as SURETY, are held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of Peters Construction Corporation, 901 Black Hawk Road, Waterloo, Iowa 50701, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above -bound Principal has entered into a contract with the OWNER dated the 17th day of _ February , 2025, for improvements at the Waterloo Regional Airport, which includes: The IDOT CSVI Project, Contract No. CNTRT-00005819, Terminal Security Upgrades (SDU) project consists of replacing exterior doors, hardware and frames, installing interior doors, hardware and frames, cutting/patching CMU walls, and rendering existing doors, both overhead and personnel, inoperable. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW, THEREFORE, the conditions of this obligation are such that if the above -bound PRINCIPAL shall faithfully and fully comply with the terms and conditions of said contract, including, but not limited to, any obligations created by way of warranties and/or guarantees for workmanship and materials which warranty and/or guarantee may extend for a period of time beyond completion of said contract, and such alternations or additions as may be made therein or in the plans and specifications, and shall indemnify and save the OWNER harmless against any claims for using any form of material, process, composition or anything which is patented, and likewise indemnify and save the OWNER harmless against all claims for damages by reason or any default or negligence, want of skill or care on the part of said PRINCIPAL or Agents in and about the performance of said contract, and shall comply with all laws pertaining to said work, and shall comply with and perform any and all warranties and/or guarantees provided for in said contact, then this obligation shall be void; otherwise of full force and effect. PROVIDED, further than upon either the default of the PRINCIPAL, or the failure of the said PRINCIPAL to promptly and efficiently prosecute said Work, in any respect, in accordance with the Contract Documents, the above bound SURETY shall either remedy the default of the PRINCIPAL or shall take charge of said Work and complete the Contract at his own expense, pursuant to its terms, receiving, however, any balance of the funds in the hands of said OWNER due under said contract. It shall be the duty of the SURETY to give an unequivocal notice in writing to the OWNER within ten (10) days after receipt of a declaration of default of the SURETY'S election either to remedy the default or defaults promptly or to perform the contract promptly, time being of the essence. In said notice of election, the SURETY shall indicate the date on which the remedy or performance will commence, and it shall be the duty of the SURETY to give prompt notice in writing to the OWNER immediately upon completion of (a) the remedy and/or correction of each default, (b) the remedy and/or correction of each item of condemned work, (c) the furnishings of each omitted item of work, and (d) the performance of the contract. The SURETY shall not asset solvency of its PRINCIPAL as justification for its failure to promptly remedy the default or defaults or perform the contract. In the event said PRINCIPAL shall fail or delay the prosecution and completion of said Work and said SURETY shall also fail to act promptly as hereinabove provided, then the OWNER shall cause ten (10) days' notice of such failure to be given, both to said PRINCIPAL and SURETY, and at the expiration of said ten (10) days, if said PRINCIPAL or SURETY do not proceed promptly to execute said Contract, the OWNER shall have the authority to cause said Work to be done and when the same is completed and the cost thereof estimated, the said PRINCIPAL and SURETY shall and hereby agree to pay any excess in the cost of said Work above the agreed price to be paid under said Contract. Upon completion of said Contract pursuant to its terms, if any funds remain due on said Contract, the same shall be paid to said PRINCIPAL and SURETY. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 C-4 CONTRACT Terminal Security Upgrades (SDU) AECOM 60734402 Page 277 of 404 The " "d DP NCTRAT .art gTTRriTY fiyrther starer. as art of this nhligntinn to pny all Filch damages of any kind to person or property that may result from a failure in any respect to perform and complete said Contract including, but not limited to, all repair and replacement costs necessary to rectify construction error, architectural and engineering costs and fees, all (but not limited to) consultant fees, all testing and laboratory fees, and all legal fees and litigation costs incurred by the OWNER. The decision of the OWNER, upon any disputed question connected with the execution of said Contract, or any failure or delay in the prosecution of the Work by said PRINCIPAL or SURETY, shall be final and conclusive. The SURETY agrees that, other than as is provided in this bond, it may not demand of the OWNER the OWNER shall (a) perform any thing or act, (b) give any notice, (c) furnish any clerical assistance, (d) render any service, (3) furnish any papers or documents, or (f) take any other action of any nature or description which is not required of the OWNER to be done tinder the contract documents. IN WITNESS WHEREOF, the SURETY and PRINCIPAL have executed this instrument under their several seals this 17th day of February , 2025, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. IN THE PRESENCE OF: ges? 4454' Witness PRINCIPAL: Peters Construction Corporation By: (7L SURETY: United Fire & Casualty Company By: CA' Of � E. A. von Harz, Attorney -in -Fact NOTE: (a) Where the Performance Bond is executed by an attorney -in -fact, there shall be attached to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. (b) Each copy of the Bond shall be countersigned by an authorized agent of the bonding company licensed to do business in the State of Iowa. The title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding company shall be attached to each copy of the bond. (d) The Contractor's signature on the bond shall correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution (which may be combined with the corporate resolution granting the signing officer authority to execute contracts) granting the corporate officer who executes the Bond the authority to do so. (f) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Iowa. IDOT CSVI Project No. 9I240AL0200 CONTRACT NO. 5819 C-5 CONTRACT Terminal Security Upgrades (SDU) AECOM 60734402 Page 278 of 404 Bond Number: 54261950 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, Peters Construction Corporation, 901 Black Hawk Road, Waterloo, Iowa 50701, as PRINCIPAL, also referred to as CONTRACTOR, and United Fire & Casualty Company , as SURETY, are held and firmly bound unto Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50703 as OWNER, in the full sum of Peters Construction Corporation, 901 Black Hawk Road, Waterloo, Iowa 50701, for the use and protection of said OWNER and all subcontractors and all persons supplying labor, materials, machinery and equipment for the performance of the work provided for in the contract hereinafter referred to, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above -bound Principal has entered into a contract with the OWNER dated the 17th day of February , 2025, for improvements at the Waterloo Regional Airport, which includes: The IDOT CSVI Project, Contract No. CNTRT-00005819, Terminal Security Upgrades (SDU) project consists of replacing exterior doors, hardware and frames, installing interior doors, hardware and frames, cutting/patching CMU walls, and rendering existing doors, both overhead and personnel, inoperable. This work and all other incidentals shall be performed as shown on the Drawings and described in the Specifications. NOW, THEREFORE, the condition of this obligation is such that if the above -bound PRINCIPAL shall promptly make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of the work provided for in said Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following conditions: 1. The said SURETY to this bond, for value received, hereby stipulates and agrees that no change or changes, extension of time or extensions of time, alteration of alterations or addition or additions to the terms of the contract or to the work to be performed thereunder, or the specifications or drawings accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change or changes, extension of time or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work or to the specifications or drawings. 2. A claimant is defined as any subcontractor and any person supplying labor, materials, machinery, or equipment in the prosecution of the work provided for in said contract. Signed and sealed this 17th day of February , 2025. IN THE PRESENCE OF: fitness 445J-1' Witness By: PRINCIPAL: Peters ConstructionCorporation By: �"`�� SURETY: United Fire & Casualty Company E. A. von Harz, Attorney -in -Fact IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-6 CONTRACT Terminal Security Upgrades (SDU) AECOM 60734402 Page 279 of 404 ufgt� NCE INSURA UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX FINANCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES, CA CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401 KNOW r PERSONS TY TT-IESL PRESF,NTC T1,at T J„iced Fire & Casualty Connally_ a rnruoratinnn duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint GREG T. LA MAIR, JEFFREY R. BAKER, JOSEPH I. SCHMIT, E. A. VON HARZ, BRANDON HORBACH, COURTNEY MEYER, JULIANA BARTLETT, DANIEL M. MOLYNEAUX, LAURA J. ADAMS, LORI S. BURROUGHS, PAMELA K. MATTISON, KAREN S. HARTSON, LAUREN MOSER, ERIC DESOUSA, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $ 100 , 000 , 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire & Casualty Company, United Fire & Indemmnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by then- signature and execution of any suchnisttuments and to attach the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact, IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its W"'E is"u� vicepresident and its corporate seal to be hereto affixed this QLANk nP 16th day of July, 2024 UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY ti=r.k1s:x�s� By: State of Iowa, County of Lima, ss: Vice President On 16th day of July, 2024, before me personally came Kyanna M. Saylor to me known, who being by me duly sworn, did depose and say; that she resides in Cedar Rapids, State of Iowa; that she is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that she knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that she signed her name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Patti Waddell Iowa Notarial Seal Commission number 713274 My Commission Expires 10/26/2025 Notary Public My commission expires: 10/26/2025 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 17th day of February , 20 25 Assistant Secretary, UF&C & OF&I & FPIC BPOA0049 1217 Page 280 of 404 NOTE: (a) Where the Payment Bond is executed by an attorney -in -fact, there shall be attached to each copy of the Bond a certified copy of Power of Attorney properly executed and dated. (b) Each copy of the Bond shall be countersigned by an authorized agent of the bonding company licensed to do business in the State of Iowa. The title of the person countersigning the Bond shall appear after his or her signature. (c) The seal of the bonding company shall be attached to each copy of the bond. (d) The Contractor's signature on the bond shall correspond with the signature in the contract. (e) The bond shall be accompanied by a corporate resolution (which may be combined with the corporate resolution granting the signing officer authority to execute contracts) granting the corporate officer who executes the Bond the authority to do so. (f) Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Iowa. IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 C-7 CONTRACT Terminal Security Upgrades (SDU) AECOM 60734402 Page 281 of 404 Exhibit A PROPOSAL FORM FOR TERMINAL SECURITY UPGRADES (SDU) AT THE WATERLOO REGIONAL AIRPORT WATERLOO, IOWA Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 All: I . The undersigned, being a Corporation existing under the laws of the State of Iowa , a Partnership consisting of the following partners: Bradley F Best - President of S Corp , having familiarized (hitnself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this Terminal Security Upgrades, Contract CNTRT- 00905819, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: 2. The extent of the work involved is as follows. This IDOT CSVI Project No. 9I240ALO200, Contract No. CNTRT-000058I9 project portion consists of replacing exterior doors, hardware and frames, installing interior doors, hardware and frames, cutting/patching CMU walls, and rendering existing doors, both overhead and personnel, inoperable. 3. The undersigned, in compliance with your Invitation for Bids dated 1/7/2025 , hereby proposes to do the work called for in said Contract and Specifications and shown on said Plans and Addendum Nos. 1, 1/30/2025 and to furnish all materials, tools, labor and all appliances and appurtenances necessary for the said work at the following rates and prices: IDOT CSVI Project No. 9I240AL0200 CONTRACT NO, 5819 P-1 PROPOSAL FORM Terminal Security Upgrades (SDU) AFCOt 1 60734402 Page 282 of 404 ITEMIZED PROPOSAL WATERLOO REGIONAL AIRPORT WATERLOO, IOWA PROJECT: • TERMINAL SECURITY UPGRADES IDOT CSVI Project, Contract No. CNTRT-00005819 ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT QUOTE PRICE TOTAL QUOTE PRICE BASE QUOTE 1 DOORS, HARDWARE, FINISHES LS 1 $ 65,359.00 $ 65,359.00 2 RENDERING DOORS INOPERABLE LS 1 $ 8,381,00 $ 8,381.00 TOTAL QUOTE $ 73,740.00 4. The Airport reserves the right to award the contract based on the Total Bid. 5. The undersigned understands that the above quantities of work to be done are approximate only and are intended principally to serve as a guide in evaluating the bids. All quantities are subject to increase or decrease and are to be performed at the unit prices stipulated herein. 6. It is understood that the schedule of minimum wage rates, as established by the Secretary of Labor and included in the Specifications, are to govern on this project, and the undersigned certifies that he has examined this schedule of wage rates and that the prices bid are based on such established wage rates. 7. The undersigned certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The undersigned certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The undersigned agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or any other reason. The undersigned agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files. 8. The undersigned agrees, upon written notice of the acceptance of this bid, within thirty (30) days after the opening of the bids, that he will execute the Contract in accordance with the bid as accepted and give Contract (Performance and Payment) bond on attached forms within five (5) days after the prescribed forms are presented for signature. 9. The undersigned further agrees that if awarded the Contract, he will commence the work within ten (10) calendar days after the receipt of a "Notice to Proceed" and that he will substantially complete all work according to the terms of the entire contract within Seventy -Five (75) calendar days from the date established in the Notice to Proceed. An extension of time may be allowed when extra or additional work is ordered by the Engineer. 10. The contractor, by submission of this offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States trade Representative (USTR). IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 P-2 PROPOSAL FORM Terminal Security Upgrades (SDU) AECOM 60734402 Page 283 of 404 b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign country on said list or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 11. The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify this statement, it shall attach an explanation to this solicitation/proposal. 12. The undersigned hereby declares that the only parties interested in this Proposal are named herein, that this Proposal is made without collusion with any other person, firm, or corporation, that no member of the Council, Waterloo Regional Airport or agent of the City of Waterloo, Iowa, is directly or indirectly financially interested in this bid. 13. In submitting this bid, it is understood that the right to reject any and all bids has been reserved and that this bid may not be withdrawn for a period of ninety (90) days from the opening thereof. 14. Attachment to This Bid. The following documents are attached to and made a part of this Bid: a. Non -Collusion Affidavit of Prime Bidder. b. Statement of Intent — Non -Discrimination and Equal Opportunity Statement. c. Targeted Small Business. IDOT CSV1 Project No. 91240AL0200 CONTRACT NO. 5819 P-3 PROPOSAL FORM Tenainal Security Upgrades (SI]U) AECOM 60734402 Page 284 of 404 15. The Bidder shall indicate whether the bid is submitted by a/an: ❑ Individual, Sole Proprietorship ❑ Partnership ® Corporation ❑ Joint -venture: all parties must join -in and execute all documents ❑ Other Respectfully submitted, By Bidder Signature President, Peters Construction Corporation Title 901 Black Hawk Rd Address Waterloo, Iowa 50701 (Include Zip Code) (319) 236-2003 Telephone No. !DOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 P-4 PROPOSAL FORM Terminal Security Upgrades (SDU) AECOM 60734402 Page 285 of 404 STATEMENT OF INTENT NONDISCRIMINATION AND EOUAL OPPORTUNITY STATEMENT The Contractor does hereby certify to the Waterloo Regional Airport, that no person shall, in any way, be favored or discriminated against because of his race, political or religious opinions and affiliations, national origins, sex, age, sexual orientation, gender identity, disability, color, creed, marital status, employee union or association membership or office herein. If selected as the successful bidder, this contractor hereby agrees to file either a nondiscrimination and equal opportunity statement and/or an Affirmative Action Program. Improvements to the Waterloo Regional Airport consisting of TERMINAL SECURITY UPGRADES (SDU) IDOT CSVI Project, Contract No. CNTRT-00005819 Peters Construction Corporation _ COMPANY Bradley F Best EXECUTIVE OFFICER Gabe Berger AFFIRMATIVE ACTION OFFICER ADDRESS OF THE AFFIRMATIVE ACTION OFFICER 901 Black Hawk Rd Waterloo, IA 50701 PHONE NUMBER 319-236-2004 IDOT CSVI Project No. 91240AL0200 CONTRACT NO. 5819 P-6 PROPOSAL FORM Terminal Security Upgrades (SDU) AECOM 60734402 Page 286 of 404 Form 730007WP 7-97 t k / 0 § k Q 0 c 0 91240AL0200 / CNTRT-00005819 0 E Black Hawk / k (To Be Completed By All Bidders per the Current Contract Provision) .0 % .R o 2 o \ 0 _ \ ) \ ° as - 5 0 \ / 2 E so o \ o \ ƒ k 0) \ w E / \ ® 2 f / 0 j P. o £ / / 2 \ § 2 _ £ 3 3 m \ E ƒ \ / / co m/ E c ) L 0 o f = R O 4-m 2 co m % c P\ E Z c kK ' /� = 5 IZ §� ® m/ - a« \ Z° 2 oI \ E\ _a 22 \ C0 ] EC$ o_ @© c0 0_ o0 �/ �k /� E@ & . \cC f $£ b O / 0 0 0) \ / 2/ •° / H 2 — E G § >0 %% m= a E- $2 // m/ 0n c0 kk �� 4- /2 EP\ ¥k e® @% us -o ° R ® o 3 \ / / ) m 9 -o 0 n 2 [ c• 7 f E c o c c o 0 o: _ ± ID £ W( _a E/0 — 0 La 2ƒ • /\ /0 —C )§ oR c, ±m >E c1 \\ $ g ¢ 2 & Q \. %f « ok £# 0/ _cua £2 z£ QUOTATION USED IN BID DOLLAR AMT. PROPOSED TO BE SUBCONTRACTED 62 LZ » QUOTES RECEIVED DATES CONTACTED \O »Z / ON DATES CONTACTED 1/30/25 § § § § / x k x SUBCONTRACTOR Clearline Carpentry Cortez Commercial Services LLC ANQ Construction, LLC \ m S o. k 0 co \ \ 8 ., .01 ƒ 2f \0 (2 /\ (a) DE ( / k\ \f eQ 2a/ 40 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of Iowa ) )ss County of Black Hawk Bradley F Best , being first duly sworn, deposes and says that: (1) He is (Owner, Partner, Officer, Representative, or Agent) of Peters Construction Corporation the Bidder that has submitted the attached Bid: (2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid. (3) Such bid is genuine and is not a collusive or sham bid. (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title President Subscribed and sworn to before me l this 1$ day of fifir an/ , 20 .5 f4(,h%1O Pv- Title My Commission Expires V C,TOb-Gle" ,rJ , 20c1.5 li.);4 a' * RACHR COMMISSIONAELBNO.76v2ENDEN i2 MY?8,,, lgIOSi PIRES IDOT CSV1 Project No. 91240ALO200 CONTRACT NO. 5819 P-5 PROPOSAL FORM Terminal Security Upgrades (SDU) AECOM 60734402 Page 288 of 404 TABULATION OF QUOTES WATERLOO REGIONAL AIRPORT TERMINAL SECURITY UPGRADES - SECURITY DOOR UPGRADES IDOT CSVI PROJECT NO. 91240ALO200 IDOT CONTRACT NO. CNTRT-00005819 AECOM PROJECT NO. 60734402 February 6, 2025 Engineer's Estimate Peters Construction Corporation ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST 1 DOORS, HARDWARE, FINISHES LS 1 $ 41,000.00 $ 41,000.00 $ 65,359.00 $ 65,359.00 2 RENDERING DOORS INOPERABLE LS 1 $ 5,000.00 $ 5,000.00 $ 8,381.00 $ 8,381.00 BASE BID TOTAL $ 46,000.00 $ 73,740.00 Tabulated by:-`- AECOM Page 289 of 404 A ECOM Imagine it. AECOM Delivered. 500 SW 7th Street Des Moines IA, 50309 USA aecom.com February 14, 2025 Mr. Steven Kjergaard Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Terminal Security Upgrades (Security Door Upgrades) Waterloo Regional Airport Waterloo, Iowa CSVI Project No. 91210AL0200 Contract No. CNTRT-00005819 AECOM Project No. 60734402 Dear Mr. Kjergaard: We have reviewed the quote received by the City of Waterloo on February 6, 2025, for the above - mentioned project. A copy of the quote summary is attached. One (1) quote was received. Quote packages were provided to three (3) general contractors with only one responding. The quote received from Peters Construction Inc. exceeded the Engineer's Estimate of Probable Construction Cost by $27,740. We have discussed the amount and have determined that there was concern on schedule and coordination with other contractors. We recommend that the quote be accepted and awarded to Peters Construction Inc. with the intention to negotiate a change order after award to reduce the work elements. If you have any questions or require additional information, please feel free to contact our office at your convenience. Yours sincerely, David B. Hughes, P.E. Project Manager aecom.com 1/1 Page 290 of 404 / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) E(MM/D /Y 25 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AssuredPartners Great Plains, LLC 4200 University Ave., Suite 200 West Des Moines IA 50266-5945 License#: 1001000272 CONTACT NAME: Jordanne Oleson PHONE FAX (A/C, No, Ext): 515-453-9366 (A/C, No): 515-453-9366 ADDRESS: jordanne.oleson@assuredpartners.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Nautilus Insurance Company 17370 INSURED PETECON-01 Peters Construction Corporation 901 Blackhawk Road Waterloo IA 50701 INSURER B : Middlesex Insurance Company 23434 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1290374450 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD DDL NSD SWUBR VD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DDIYYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y A0253600 8/1/2024 8/1/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE RETED PREMISESO(Ea occurrence) $ 500,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES jE X PER: LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED x SCHEDULED AUTOS NON -OWNED AUTOS ONLY A0253600 8/1/2024 8/1/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE A0253600 8/1/2024 8/1/2025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED RETENT ON $ $ g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A A0253600 8/1/2024 8/1/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liability Pollution Liability CPP2032596-13 8/1/2024 8/1/2025 Occurrence/Aggregate Occurrence/Aggregate 2.000.000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: IDOT CSVI Project # 91240AL0200, Contract # CNTRT-00005819 Terminal Security Upgrades (SDU) City of Waterloo, Iowa is an Additional Insured - Owners, Lessees or Contractors; State or Political Subdivisions; Lessor of Leased Equipment; Owners of Leased Land; Manager or Lessor of Premise; Mortgagee, Assignee, or Receiver; Controlling Interest; Co-owner of Insured Premises; Executors, Administrators, Trustees or Beneficiaries; Vendors; Grantor of Franchises; when required in a written contract, agreement or permit on a primary and non-contributory basis with respects to the General Liability policy per form CG7125 (06/22) CERTIFICATE HOLDER CANCELLATION City of Waterloo, Iowa 2790 Livingston Lane Waterloo IA 50701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE , ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 291 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well, Contract No. 1066. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Bid Tab FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well, Contract No. 1066 2. ENGINEERING BID TAB Page 292 of 404 FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well, Contract No. 1066 Engineer's Estimate $300,000.00 Bid Opening February 13, 2025 Bidder Bid Security Bid Amount Northway Well and Pump Company Marion, IA ° 5 /o $444,750.00 The Cahoy Group Sumner, IA 5% $349,931.00 Page 293 of 404 FY 2024 HAWTHORNE AVENUE STORM SEWER LIFT STATION RELIEF WELL BID TAB CONTRACT NO. 1066 BID OPENING DATE: FEBRUARY 13, 2025 ITEM NO. ITEM DESCRIPTION EST. QTY. UNITS ENGINEER'S EST. UNIT COST ENGR'S. EST. ITEM PRICE NORTHWAY WELL UNIT PRICE NORTHWAY WELL ITEM PRICE CAHOY GROUP UNIT PRICE CAHOY GROUP ITEM PRICE 1 INSTALL NEW RELIEF WELL 1.0 LS $ 275,000.00 $ 275,000.00 $ 415,000.00 $ 415,000.00 $ 315,100.00 $ 315,100.00 2 DEMO & PLUG EXISTING RELIEF WELL 1.0 LS $ 25,000.00 $ 25,000.00 $ 29,750.00 $ 29,750.00 $ 34,831.00 $ 34,831.00 $ 300,000.00 $ 444,750.00 $ 349,931.00 Page 294 of 404 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 17, 2025 AGENDA ITEM TITLE 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. The incentive is $5,000 per home more than is typically provided to offset the costs of having the two homes moved to the new sites. 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 Page 295 of 404 SOURCE OF EXPENDITURES 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 296 of 404 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 297 of 404 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 298 of 404 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 299 of 404 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 300 of 404 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 301 of 404 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 302 of 404 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 303 of 404 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 304 of 404 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 305 of 404 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 306 of 404 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 307 of 404 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 308 of 404 EXHIBIT "A" Legal Description of Property Lots 6 and 7, Block 16, Downing Place, City of Waterloo. Iowa. Page 309 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Quentin Hart, Mayor February 17, 2025 Mayor Department AGENDA ITEM TITLE Resolution establishing dates of fireworks use for July 4th and July 5th, 2025. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 310 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Rob Duncan, Chief of Police Police Department AGENDA ITEM TITLE Resolution establishing pet license fees. RECOMMENDED COUNCIL ACTION MEETING DATE February 17, 2025 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. Animal Control dog cat fees resolution 2025 Page 311 of 404 Prepared by: LeAnn Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. 319-291-4323. RESOLUTION NO. RESOLUTION APPROVING DOG AND CAT LICENSE FEE SCHEDULE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the dog and cat fee schedule is hereby approved as follows: Annual license fee, altered $ 1 5 Annual license fee, unaltered .$25 License late fee .$5 Duplicate license fee $5 Convenience fee per transaction .$2 PASSED AND ADOPTED this day of , 2025. ATTEST: Kelley Felchle City Clerk Quentin Hart, Mayor Page 312 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Rob Duncan, Chief of Police Police Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Resolution approving a software agreement with Docupet, in the amount of $3,995.00, in conjunction with pet licensing services, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo IA DocuPet Corp. 2025 Final Page 313 of 404 [b DocuPet Pet Licensing Services Agreement This Pet Licensing Services Agreement (this "Agreement"), is entered into this day of 2025 (the "Effective Date") by and between DocuPet Corp., a Delaware corporation with offices at 15 Technology Place Suite 1, East Syracuse, NY 13057 ("DocuPet"), and the City of Waterloo, IA, a municipal corporation whose primary place of business is 715 Mulberry St, Waterloo, IA 50703, USA (the "Organization"). Background DocuPet has developed and operates a program for providing pet licensing services. The Organization wishes to engage DocuPet to perform certain pet licensing services for the Organization and its residents. FOR GOOD AND VALUABLE CONSIDERATION (the receipt and sufficiency of which is hereby acknowledged by both parties), the Organization hereby engages DocuPet to perform, and DocuPet agrees to perform, those certain services described in Schedule A to this Agreement subject to and in accordance with the terms and conditions contained in Schedule B to this Agreement. Schedules A, B, and C are attached and incorporated into this Agreement by reference and form a part of this Agreement. The documents comprising this Agreement and their order of precedence in case of conflict are: (1) this covering Agreement, (2) Schedule A - DocuPet Service Deliverables (3) Schedule B - DocuPet General Terms and Conditions (4) Schedule C - Pet License Fees The foregoing documents together constitute the entire and final Agreement of the parties with respect to the subject matter of this Agreement. DOCUPET CORP. ORGANIZATION By: Name: Grant Goodwin Title: Chief Executive Officer By: Name: Title: By: Name: Title: 1 Page 314 of 404 CONTACT INFORMATION FOR THE ORGANIZATION Contact Name and Title: Address: Phone: Email: Fax: CONTACT INFORMATION FOR DOCUPET Contact Name and Title: Grant Goodwin, Chief Executive Officer Address: 15 Technology Place East Syracuse, NY 13057 Phone: 1-855-249-1370 Email: grant.goodwin@docupet.com Fax: 613-547-5529 2 Page 315 of 404 SCHEDULE A to Pet Licensing Services Agreement SERVICE DELIVERABLES 1. DEFINITIONS a. Unless otherwise defined in this Schedule A, capitalized terms used in this Schedule A shall have the meaning given to those terms in Schedules B and C to this Agreement. 2. SERVICES a. During the Term, DocuPet will provide to the Organization the pet registration services described in this Schedule A (collectively, the "Services") subject to and in accordance with the terms set out in this Agreement. DocuPet may also provide additional Optional Services (as defined in Schedule B below) to Pet Owners which are not part of this Agreement but which may be offered through the Website (as defined below) or through any other medium or in any other manner. b. Website i. Organization -branded Pet Owner Portal 1. Applications for Pet Registrations a. Pet Owners shall have the option of applying for Pet Registrations electronically through the DocuPet Website. b. Pet Owners may apply for pet registration through the DocuPet Website by providing the following information and/or such other information as DocuPet and the Organization may agree ("Registration Information"): i. Name ii. Email iii. Address iv. Telephone - day and evening v. Name of pet vi. Species (Dog or Cat) vii. Breed and description (sex, color, age, etc.) viii. Spayed or neutered ix. Microchipped x. Rabies vaccination and date xi. Alternate contact information xii. Pet Date of Birth 3 Page 316 of 404 2. Payment of Pet License Fee a. At the time of Registration made via the Website, each Pet Owner shall pay a Pet License Fee for each Pet based on the rates set out in Schedule C (the "Pet License Fee"). The Pet License Fee for each Pet Registration shall be paid through the Website by credit card, debit card or other payment method (as determined by DocuPet at its discretion). Pet Owners may be charged an Online Processing Fee for purchases made via the Website. ii. Administrative Portal 1. Pet Registrations a. The Organization may allow their employees, volunteers and contractors/designates to accurately input Pet Registration Information into the application on the Website. DocuPet shall have no responsibility for verifying the accuracy or completeness of any Registration Information or for any errors therein. 2. Data Upload and Download a. DocuPet agrees to provide for the uploading of Pet Registration Information that is provided to DocuPet in its standardized format. b. DocuPet agrees to provide for the downloading of Pet Registration Information. Downloaded Pet Registration Information will be provided in DocuPet's standardized format. 3. Reporting a. DocuPet agrees to provide its standard reporting tools to the Organization including those providing record and financial information related to Pet Registrations. b. Specialized or customized reports may be subject to additional fees. 4. Community Canvassing 4 Page 317 of 404 a. DocuPet will provide its Community Canvassing module allowing for Organization users to map zones and log visit inputs in the Software. iii. Data Storage 1. All Registration Information that is inputted through the Website will be stored within the Software so that the Registration Information may be accessed by the Organization, DocuPet Personnel and other persons authorized by the Pet Owner. iv. Website Support 1. DocuPet agrees to provide to the Organization ongoing support and maintenance of the Website, including updates and access to future versions of the Website. Support and maintenance for the Website includes: ongoing problem identification, resolution services, and correction of programming errors. 2. Should the Organization request customizations to DocuPet's Website functionality, additional fees may apply. The Organization will be notified in advance if such fees are to be incurred and work will not begin until a total sum for the customization(s) has been agreed upon. DocuPet reserves the right to refuse Website functionality customization requests. c. Account Support i. DocuPet will be responsible for: 1. Overseeing and managing DocuPet's obligations under this Agreement; 2. Conducting the necessary tasks to implement the Services outlined in this Agreement; and 3. Answering the Organization's queries and cooperating with the Organization to address issues relating to the Services deemed urgent by the Organization. ii. Training 1. DocuPet agrees to provide the Organization with training regarding the usage of the Website via Video Conference -based sessions prior to the launch of the Services. 2. Training videos and online help content will be provided via the Administrative Portal. 5 Page 318 of 404 d. Customer Service i. DocuPet will provide all technical and other customer support for Pet Owners with respect to the Website and the Services, with support being provided during normal business operation hours of 9:OOAM to 8:OOPM EST Monday to Friday, holidays excepted. e. Ordinance Awareness i. DocuPet may design marketing collateral including a brochure, two postcards, a poster, and up to two additional pieces at the time of the launch of the Services. The Organization will be responsible for producing these materials and may, for an additional fee, request that DocuPet produce these materials. ii. Additional marketing collateral designs or productions may be requested by the Organization. A pricing rate card for all materials can be provided to the Organization at any time. Additional fees for this work will apply. iii. DocuPet may endeavor to promote awareness of the Organization's ordinances and regulations relating to pet registration and responsible pet ownership in various ways. f. Pet Tags i. DocuPet agrees to provide Pet Tags for each Pet Registration where a Pet Tag is required. g. Pet Tag Mailings i. Unless delivered physically by the Organization at the time of purchase, DocuPet shall send applicants confirmation of their Pet Registration number, a Pet Tag if required, and other information or documents related to the Services, the Organization and DocuPet h. License Compliance Notifications i. Emailed License Compliance Notifications 1. At the direction of the Organization, DocuPet shall prepare and deliver License Compliance Notifications ("License Compliance Notifications") via e-mail. ii. Mailed License Compliance Notifications 6 Page 319 of 404 1. At the direction of the Organization, DocuPet shall prepare and deliver License Compliance Notifications via regular mail. iii. Standard Templates 1. DocuPet will provide the Organization with its standard License Compliance Notification template and timing cadence. i. Data Handling i. DocuPet personnel shall add or edit Registration Information via the Website. This information may be added via any of the following methods: 1. Mailed -in Application Form Processing; 2. Formatting pet data provided by third parties; 3. Returned Mail Processing for letters returned to DocuPet offices; 4. Hand -keying information when a Pet Owner has contacted DocuPet's Customer Service team. j. Donation Collection i. DocuPet will collect contributions on behalf of the Organization, or the Organization's designated local animal shelter, at the time of license payment. k. Optional Services i. Optional services provided by DocuPet for the Organization may include the following or others as determined from time to time by DocuPet: 1. HomeSafe Program - 24/7 lost pet service at no additional cost. 2. Option for pet owners to personalize their license tags or upgrade to an alternative tag style with additional charge to pet owner. 3. Option for pet owners to purchase GPS Pet Tracker/Health Monitoring Device with additional charge to pet owner. 4. Option for pet owners to utilize mobile app platform at no additional cost. DOCUPET PLATFORM STANDARDS I. Connectivity i. The Organization acknowledges and agrees that access to the Website and the Software require Internet connectivity and use of a latest -version web browser and that DocuPet is not responsible for the inability of the 7 Page 320 of 404 Organization, Pet Owners or potential Pet Owners to access the Website or the Software as a result of failures of any of their applicable internet access provider or use of outdated or non -current versions of software. m. Backup and Disaster Recovery i. DocuPet shall provide such back-up, disaster recovery and storage capabilities as typically provided in its industry so as to provide reasonable availability of the Services during an event that would otherwise affect the delivery of the Services. n. PCI Compliance i. DocuPet shall comply with payment card industry (PCI) security standards. DocuPet shall utilize a payment processing company (Stripe, or a competitor(s) of Stripe) for processing payments received through the Website. o. Data Protection i. DocuPet shall ensure that the platform and all services are in compliance with applicable Laws relating to data protection. For clarity, this includes personal information gathering, use and disclosure whether in the form of Registration Information or Organization Data. DocuPet shall maintain a log -in account and password that permits access to Pet Owner's accounts and Registration Information for the purposes of providing the services as outlined in this agreement. DocuPet will promptly notify the Organization upon its becoming aware that any of its passwords have been stolen, leaked or otherwise compromised. The Organization will promptly notify DocuPet upon its becoming aware that any of its passwords have been stolen, leaked or otherwise compromised. p. Location i. The servers hosting the Licensed Software shall be under United States legal jurisdiction and that the data in their possession shall be collected, managed and stored in accordance with any applicable privacy Laws. q. Backup 8 Page 321 of 404 i. DocuPet will ensure there are offsite backups performed each day. DocuPet will, as a minimum on a monthly basis, ensure the backups are sufficient and can restore/regenerate the system in the event of a server failure. On request, the Organization will be allowed to review architecture and ability to meet performance obligations. r. Service Level i. The Website is engineered to be available 24 hours a day, 7 days a week, 52 weeks a year. The Website shall meet industry standard accessibility service levels and shall operate on all major modern browser platforms. Due to various factors, users may experience system unavailability (unscheduled downtime). In the event that unscheduled downtime exceeds 4 hours a month, during normal business operation hours (9:OOAM to 5:OOPM EST Monday to Friday, holidays excepted), or unscheduled downtime exceeds 8 hours outside normal business hours (9:OOAM to 5:OOPM EST Monday to Friday, holidays included), DocuPet will provide the Organization with a remediation plan. Three consecutive months of greater than 4 hours of downtime, during normal business operation hours (9:OOAM to 5:OOPM EST Monday to Friday, holidays excepted), or 8 hours outside of normal business hours, will be grounds for immediate contract termination. Unscheduled downtime instances will be reported to the Organization on demand and quarterly. s. Control of Website i. The Website and all content on the Website shall at all times be under the control and at the discretion of DocuPet. 9 Page 322 of 404 SCHEDULE B to Pet Licensing Services Agreement DOCUPET GENERAL TERMS AND CONDITIONS 1. DEFINITIONS a. Defined Terms as used in this Agreement: "Confidential Information" means all confidential Information (including confidential, proprietary, trade secret, scientific, technical or business know-how or Information of a Party) which is disclosed by or at the direction of one Party to the other Party in connection with this Agreement. "DocuPet Owned Work" means any and all materials, information, inventions, methods, procedures, technology, know-how, data and other Intellectual Property Rights owned or developed by DocuPet whether prior to, during or after the Term, including the Website, the Software and all information and data relating to the Optional Services. "DocuPet Personnel" means partners, employees and independent contractors of DocuPet and its approved subcontractors assigned to perform the Services pursuant to this Agreement. "Including" and its derivatives (such as "include" and "includes") mean including without limitation. This term is as defined, whether or not capitalized in this Agreement. "Intellectual Property Rights" means, on a worldwide basis, any and all: • Rights associated with works of authorship, including copyrights, moral rights and mask -works; • Marks; • Trade secret rights; • Patents, designs, algorithms and other industrial property rights; • Other intellectual and industrial property rights of every kind and nature, however designated, whether arising by operation of law, contract, or otherwise; and • Registrations, initial applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force (including any rights in any of the foregoing). "Law" means: • Any statute, regulation, by-law, ordinance or subordinate legislation in force from time to time to which a Party is subject, including but not limited to data protection and privacy laws; • The common law and the laws of equity as applicable to the Parties from time to time; 10 Page 323 of 404 • Any binding order, judgement, decree, direction, policy, or rule including from a governmental authority; or • Any applicable industry code, policy or standard enforceable by law. "License Compliance Notifications" shall mean any communication sent to a Pet Owner with information regarding the requirement to purchase a Pet Registration for a particular Pet. "Losses" shall mean all losses, liabilities, damages and claims, and all related costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties). "Marks" means all trademarks, service marks, trade names, trade dress, symbols, logos, designs, and other source identifiers. "Material" means all systems, software, technology, documentation, reports, notes, tools, methods, methodologies, processes, procedures, workflows, inventions, forms, data, data formats, data compilations, program names, designs, drawings, videos and other material created, furnished or made available in connection with this Agreement "Organization Engagement Officer" has the meaning given to that term in Section 3(a). "Organization Data" means any and all information provided by Organization to DocuPet pursuant to or in connection with this Agreement, directly or indirectly, and whether in printed, electronic, magnetic, optical or other form, but, for certainty, excludes any DocuPet Owned Work and Registration Information. "Optional Services" means additional products and services that are provided by DocuPet to registered Pet Owners directly and not through this Agreement. "Parties" means DocuPet and the Organization and "Party" means any one of them. "Pet" means a dog or cat or any other animal that can be registered in accordance with the Organization's by-laws, ordinances or regulations. "Pet License Fee" means the Pet License Fee described in Schedule C. "Pet Owner" means the person applying for the Pet Registration for an applicable Pet. "Pet Registration" means the registration issued or renewed according to the Organization's by-laws, ordinances or regulations to a Pet Owner for a particular period. "Pet Tag" means a metal identification tag to be worn by a Pet that is marked with required information related to a Pet Registration. 11 Page 324 of 404 "Postage" means costs incurred by DocuPet in packaging and delivering material to Pet Owners in connection with the Services including labor. "Services" has the meaning given to that term in Schedule A. "Software" means the software application provided through the Website, which among other things, stores the Registration Information and provides authorized access thereto through the Internet. "Standard Fees" has the meaning given to that term in Schedule C. "Term" has the meaning given to that term in Section 5. "Website" means the Internet website "www.DocuPet.com" and associated web pages. b. Other Terms. i. Other terms used in this Agreement are defined where those are used and have the meanings there indicated. ii. Those terms, acronyms and phrases utilized in the IT services industry or other pertinent business context shall be interpreted in accordance with their generally understood meaning in such industry or business context. 2. DOCUPET SERVICES a. Provision of Services. During the Term, DocuPet will perform the Services in a competent, careful and professional manner in accordance with the terms and conditions of this Agreement and shall ensure that all of its employees, representatives and subcontractors delivering Services act in a professional and businesslike manner appropriate for the provision of a public service. b. Use of Subcontractors i. DocuPet shall not be entitled to delegate or subcontract any of its obligations under this Agreement without the Organization's prior written approval which shall not be unreasonably withheld. Notwithstanding DocuPet's use of subcontractors, the Organization's sole point of contact regarding the Services shall remain DocuPet. c. Facilities and Assets Except as otherwise specified, or as otherwise mutually agreed, all of the Services shall be provided from DocuPet facilities. DocuPet shall be responsible for providing all office space and associated utilities, office furniture and supplies, and workstation equipment and software, as required to perform such Services. In the event that DocuPet is required to 12 Page 325 of 404 visit an Organization's facility, the Organization shall provide a safe workspace that has computer access and Internet connectivity and access to such Organization personnel as DocuPet reasonably requires to accomplish the work to be performed at the Organization's facilities. d. DocuPet Methodologies, Tools and Training i. DocuPet hereby reserves to itself all rights to use such languages, tools, methodologies and practices as it determines in its sole discretion to make, have made, use, copy, display, operate, maintain, develop, support, modify, enhance and prepare derivative works relating to the DocuPet Owned Work and any other existing or future systems, software or technology owned, or operated by or on behalf of DocuPet. For certainty, DocuPet may add features, upgrades and content to the Website, Software or other DocuPet Owned Work, consistent with the terms and intent of this Agreement and without the consent of the Organization. 3. ORGANIZATION RESPONSIBILITIES a. Organization Engagement Officer i. The Organization will assign an officer who will serve as the Organization's primary point of contact with DocuPet for all matters pertaining to the launch of the Services (the "Organization Engagement Officer"). The Organization Engagement Officer will be responsible and authorized to make decisions as required. ii. The Organization Engagement Officer will be responsible for ensuring that all Organization staff or authorized contractors are fully trained regarding the use of the DocuPet Website after the launch of the Services. iii. The Organization Engagement Officer will be responsible for ensuring that all Organization staff or authorized contractors attend all scheduled meetings and provide all necessary information and materials to ensure the Services can be launched on schedule. b. DocuPet Policies i. The Organization agrees to abide by all reasonable use, security and other policies in respect of the Services, including policies that apply to the access of the Website and the Software as established and amended by DocuPet from time to time. The Organization shall also train and require its employees, contractors and volunteers to abide by such policies and oversee compliance. c. Data Provision 13 Page 326 of 404 i. The Organization shall provide no less than three years' of Pet Registration data at least six weeks prior to the launch of the Services in a formatted manner acceptable to DocuPet. ii. The Organization shall also provide complete GIS address data, including latitude and longitude information, for the geographic region that it serves. This data must be provided at least six weeks prior to the launch of the Services. iii. The Organization will be required to review data once added to the Software prior to the launch of the Services for accuracy and completeness prior to the launch of the Services. iv. The Organization shall provide any Pet Registration data created or altered in the weeks leading up to the launch of the Services in a formatted manner acceptable to DocuPet that is exclusive to these records only within 10 days after the launch of the Services. v. Any Pet Registration data provided by the Organization at any time that is determined to be inaccurate by DocuPet must be rectified by the Organization at its own cost within 10 days of notice by DocuPet. 4. FINANCIAL MATTERS a. Pet Registration Fees and Standard Fees i. DocuPet shall be entitled to receive from the Organization the standard fees set out in Table 1.2 in Schedule C (the "Standard Fees"). b. Collection and Allocation of Fees i. Fees under this Agreement shall be collected as follows: 1. The Organization and other Organization contractors may collect Pet License Fees through "offline" transactions; and 2. DocuPet may collect the Pet License Fees through the Website. ii. Pet License Fees shall be allocated between the Parties as follows: 1. DocuPet shall pay the Organization all Fees collected through the Website, less all Standard Fees payable to DocuPet, which will be paid to the Organization by DocuPet coinciding with the issuing of the monthly invoice contemplated by Section 4(d). 14 Page 327 of 404 2. The Organization shall pay DocuPet any Standard Fees associated with the Organization's or any Organization contractor's sale of Pet Registrations. iii. Except as contemplated in this Section 4(b), the Organization shall not be entitled to any payments of any kind from DocuPet. c. Invoicing and Payment of Fees Within 15 days of the end of each calendar month, DocuPet shall render in arrears a single invoice for the aggregate amount of the Standard Fees (and all applicable taxes on the foregoing) deducted from the Pet License Fees collected by DocuPet through the Website during the month just ended. Each such invoice shall include: 1. All Pet License Fees collected by DocuPet for the month; 2. The aggregate number of Pet Registrations applied for through the Website for the month; 3. The aggregate amount of the Standard Fees (and taxes), retained by DocuPet for the month; and 4. The aggregate amount paid to the Organization as a result of the sale of Pet Registrations on the Website during the applicable month. ii. Within 10 days of receipt of the invoice set out in 4(c), the Organization shall review the invoice and reply, via email, that the invoice is accurate and valid. In the event that the invoice requires revision the Organization will communicate this, via email, to DocuPet. If DocuPet is in agreement with the suggested revisions a revised invoice will be issued for review and approval by the Organization iii. Statements for Standard Fees and all applicable taxes shall be paid at the time of issuance of the invoice provided for in Section 4(c) out of the Pet License Fees collected by DocuPet. In the event that the revenues collected by DocuPet through the Website are insufficient to cover the amounts payable to DocuPet by the Organization in any given month, the outstanding amount set out in the invoice shall be payable no later than 601days following the date of the applicable invoice. d. Accountability DocuPet shall maintain complete and accurate records of the Services provided and supporting documentation for the amounts billed to and payments made by the Organization in connection with this Agreement. DocuPet agrees to provide the Organization with documentation and other 15 Commented [MP1]: City finance procedures require more time. Page 328 of 404 information with respect to each invoice as may be reasonably requested by the Organization to verify accuracy and compliance with the provisions of this Agreement. ii. All records relating to the provision of the Services pursuant to this Agreement shall be retained for a minimum of 24 months or in accordance with legislative requirements, whichever is longer. These records shall be made available to the Organization upon reasonable request. 5. TERM a. The term of this Agreement will commence on the Effective Date and, unless terminated earlier in accordance with this Agreement, shall continue for an initial period of three (3) years (the "Term"). Thereafter, the Term will automatically renew for successive one (1) year periods (each a "Renewal Period"), but not to exceed five (5) years in the aggregate, subject to the Organization's and DocuPet's right to terminate at the end of the initial Term or any Renewal Period by providing the other party with not less than 90 days prior written notice. b. INTELLECTUAL PROPERTY a. Organization IP i. Nothing herein transfers to DocuPet any right, title, or interest of Organization in or to any Organization Data or Confidential Information. DocuPet agrees that as between DocuPet and Organization, all right, title and interest in Organization Data and other Confidential Information of Organization including Intellectual Property Rights therein will remain with the Organization. b. DocuPet IP i. As between DocuPet and Organization, DocuPet or its licensors own and reserve all right, title and interest in and to the DocuPet Owned Work, DocuPet Marks, the Services and all hardware, Software and other items used to provide the Services, other than such rights to use those as may be explicitly granted to Organization in this Agreement. No title to or ownership of any DocuPet Owned Work or proprietary rights related to the Services is transferred to Organization pursuant to this Agreement or any transaction contemplated by this Agreement. All rights not explicitly granted to the Organization are reserved by DocuPet. c. Use of Marks i. During the Term, DocuPet shall be entitled to include the Organization's name and logo on (a) the Website; and (b) DocuPet's promotional materials; provided that DocuPet shall comply with all reasonable written usage policies communicated by the Organization to DocuPet from time to time, 16 Page 329 of 404 including the use of proper notices and legends. 7. CONFIDENTIALITY a. Duties of Confidentiality Each Party agrees to maintain the confidentiality of the other Party's Confidential Information and to use such Confidential Information only as expressly authorized under this Agreement. For the purposes of this Section 7(a), the Party providing Confidential Information shall be referred to as the "Disclosing Party" and the Party receiving Confidential Information shall be referred to as the "Recipient". ii. Without limiting the generality of the foregoing and subject to the provisions of applicable Laws, the Recipient shall, both during the Term and at any time thereafter, (a) not disclose any of the Disclosing Party's Confidential Information to any person other than for the express purposes set out in this Agreement, without the Disclosing Party's prior written consent, (b) not disclose the Disclosing Party's Confidential Information to any person other than its affiliates and its and their consultants, professional advisors, independent contractors, outsourcers and other service providers for the purpose of providing them, or any of them, services or who have a need to know, (c) not reproduce all or any part of the Disclosing Party's Confidential Information or make any derivative work based upon or derived from the Disclosing Party's Confidential Information without the prior written consent of the Disclosing Party, (d) comply with all of the Disclosing Party's policies, standards, requirements and specifications that are provided to the Recipient in writing in relation to the use and storage of Confidential Information disclosed to the Recipient; (e) not remove, alter, cover or obfuscate any proprietary notice, including any Intellectual Property Right legend on any of the Disclosing Party's Confidential information. b. Excluded Information The obligations of confidentiality of the Recipient in Section 7(a) shall not extend to information that the Recipient can establish by written evidence, (a) is or becomes publicly known through no wrongful act of the Recipient; (b) is properly made available to the Recipient without confidential or proprietary restriction from a source other than the Disclosing Party; (c) the Recipient can show was rightfully in its possession without obligation of confidentiality; (d) the Information was approved by the Disclosing Party for disclosure in a written document signed by a senior officer of the Disclosing Party; (e) is required to be disclosed by Law, provided that Recipient will take all available reasonable means not to disclose any Confidential Information of the Disclosing Party without its consent or prior disclosure to the Disclosing Party, unless precluded by Law from doing so, and will only disclose the minimum amount of Confidential Information compelled by law; or (f) is independently developed. 17 Page 330 of 404 c. Privacy In addition to DocuPet's confidentiality obligations under Section 7(a), DocuPet will collect, use, store, disclose and dispose of and otherwise handle personal information collected or accessible to DocuPet in accordance with all applicable privacy Laws and ensure that personal information is not handled other than as permitted hereunder or as otherwise agreed to by the Parties in writing. ii. Notwithstanding the foregoing, DocuPet shall be entitled to disclose or use Registration Information to the extent that the individual who provided the Registration Information has consented to such use and disclosure in accordance with all applicable Laws. d. Acknowledgement The Recipient acknowledges and agrees that any violation of the provisions of this Section 7 may cause irreparable damage or injury to the Disclosing Party, the exact amount of which may be impossible to ascertain, and that, for such reason, the Disclosing Party shall be entitled to obtain interim, interlocutory, and final injunctive relief restraining Recipient from breaching, and requiring Recipient to comply with, its obligations under this Section 7. Recipient hereby acknowledges the importance to Disclosing Party of the strict compliance with the provisions of this Section 7 and acknowledges that the Disclosing Party's interest in the strict enforcement thereof will outweigh the balance of convenience or harm which Recipient may suffer as a result of the strict enforcement of this section. e. Reporting i. Each Party will promptly report to the other Party any actual or suspected violation of the terms of this Section 7 and will take all reasonable further steps requested by the other Party to prevent, control or remedy any such violation. 8. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY a. Warranties i. DocuPet represents and warrants that: 1. it is competent to perform the Services; 2. it has the necessary qualifications, including knowledge, skill and experience to perform the Services, together with the ability to use those qualifications effectively for that purpose; 3. the Software used in connection with the performance of the 18 Page 331 of 404 Services, does not infringe any Intellectual Property Right of any third -party, or contain confidential or proprietary material misappropriated by DocuPet from any third -party. The foregoing warranty will not apply to the extent infringement is caused by (a) modifications of the Software or the Website by a party other than DocuPet or its subcontractors, agents or representatives, (b) the combination of the Software with software or other items or products not provided or recommended by DocuPet, or (c) designs, specifications or instructions provided by or at the direction of the Organization (as opposed to the manner in which such designs, specifications or instructions are implemented by DocuPet). ii. The Organization represents and warrants to DocuPet that this Agreement is binding and enforceable in accordance with its terms under the Laws of the jurisdiction in which the Organization is located. b. Warranty Disclaimer i. OTHER THAN AS PROVIDED IN THIS AGREEMENT, THERE ARE NO EXPRESS WARRANTIES AND THERE ARE NO IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. c. Limitation of Liability i. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF THE OTHER PARTY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED UPON CONTRACT, TORT, BREACH OF WARRANTY OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ii. DOCUPET TOTAL LIABILITY TO THE ORGANIZATION IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, SHALL BE LIMITED TO THE TOTAL FEES PAID TO DOCUPET UNDER THIS AGREEMENT. THE LIMITATIONS SET FORTH IN THIS SECTION 8(c) SHALL NOT APPLY WITH RESPECT TO: (A) DAMAGES OCCASIONED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY, (B) DAMAGES OCCASIONED BY THE IMPROPER OR WRONGFUL TERMINATION OF THIS AGREEMENT; or (C) DAMAGES OCCASIONED BY A PARTY'S BREACH OF SECTION 6 OR SECTION 7. 9. TERMINATION a. Either party may terminate this agreement at any time with ninety (90) days written notification to the other party. b. Should either party be in breach of its covenants or undertakings under this 19 Page 332 of 404 Agreement, which remains un-rectified for a period of 30 days following written notification of such breach (or if such breach cannot be remedied within 30 days, the party in breach has not diligently commenced steps to remedy the breach within 30 days), the party not in breach may, at its option and without prejudice to any other rights or remedies it might have, immediately terminate this Agreement. c. Organization Data and Registration Information, including all copies thereof, shall be returned to the Organization within thirty (30) days following the termination of this Agreement. The Organization Data will be made available to the Organization for download in a commonly accessible file format such as comma separated value format (.csv). DocuPet shall also eliminate all Organization Data and Registration Information otherwise retained in the system maintained for the Organization under this Agreement in a manner satisfactory to the Organization. 10. FORCE MAJEURE a. Neither Party shall be liable for any default or delay in the performance of its obligations under this Agreement: i. if and to the extent such default or delay is caused by fire, flood, earthquake, elements of nature or acts of God, riots, terrorism, civil disorders, rebellions or revolutions in any country, or any other cause beyond the reasonable control of such Party; and ii. provided the non -performing Party is without fault in causing such default or delay, and such default or delay could not have been prevented by reasonable precautions and cannot be circumvented by the non -performing Party through the use of commercially reasonable alternate sources, work- around plans or other means. b. The affected Party will promptly notify the other Party of the circumstances causing its delay or failure to perform and of its plans and efforts to implement a work -around solution. For as long as such circumstances prevail, the Party whose performance is delayed or hindered will continue to use all commercially reasonable efforts to recommence performance without delay. 11. INSURANCE AND INDEMNITIES a. Insurance i. Notwithstanding paragraph 8, DocuPet shall at its own expense obtain and maintain during the Term the following insurance: 1. Commercial general liability insurance on an occurrence basis for an amount of not less than Two Million Dollars ($2,000,000) with respect to DocuPet's operations, acts and omissions relating to its obligations under this Agreement. 20 Page 333 of 404 2. Automobile liability insurance for an amount not less than Two Million Dollars ($2,000,000) covering all vehicles hired or leased by DocuPet and used in any manner in connection with the performance of the Services. 3. Cyber-liability Insurance with a minimum limit of $5,000,000 each and every claim and in the aggregate throughout the term of this Agreement for financial loss resulting or arising from acts, errors, or omissions, in rendering technology/professional services or in connection with the specific services described in this Agreement. No cyber terrorism exclusion. Such coverage must include technology/professional liability including breach of contract, privacy and security liability, privacy regulatory defense and payment of civil fines, payment of credit card provider penalties, and breach response costs. Policy must provide coverage for wrongful acts, claims, and lawsuits anywhere in the world. ii. The Organization shall be named as an additional insured in the commercial general liability policy and Cyber-liability policy. A copy of the certificate of insurance will be provided to the Organization. DocuPet shall be entirely responsible for the cost of any deductible that is maintained in any insurance policy. iv. DocuPet shall not commence work under this Agreement until such time as it has obtained insurance in accordance with Section 11(a)(i). Upon the request of the Organization, DocuPet shall provide the Organization with evidence of the policies DocuPet is required to maintain under 11(a)(i). v. If DocuPet fails to maintain insurance as required by this Agreement, the Organization shall have the right to provide and maintain such insurance and give evidence to DocuPet. DocuPet shall pay the cost thereof to the Organization on demand. b. Indemnity By DocuPet i. Notwithstanding paragraph 8, DocuPet will indemnify, defend and hold harmless the Organization its officers, directors, employees, agents, representatives, successors, and assigns, from any and all Losses arising from any of the following: 1. Any third -party claim resulting from the wrongful or negligent acts or omissions of DocuPet, its representatives, contractors or agents; and 2. Any breach of any representation, warranty or covenant of DocuPet set out in this Agreement; and 21 Page 334 of 404 3. To the degree to which any losses or allegations relate to actions or omissions of DocuPet, which are proven in a court having jurisdiction over such matters, or mediation. /. c. Indemnity By the Organization i. The Organization will indemnify, defend and hold harmless DocuPet, its officers, directors, employees, agents, representatives, successors, and assigns, from any and all Losses arising from any of the following: 1. Any third -party claim resulting from the wrongful or negligent acts or omissions of the Organization, its representatives, contractors or agents; and 2. Any breach of any representation, warranty or covenant of the Organization set out in this Agreement; and 3. To the degree to which any losses or allegations relate to actions or omissions of the Organization which are proven in a court having jurisdiction over such matters. 12. DISPUTE RESOLUTION a. Any dispute between the Parties arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement and with respect to the performance by DocuPet or the Organization, shall be resolved as provided in this Section 12. Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their dispute informally, as follows: i. Upon the written request of a Party, each Party shall appoint a designated representative whose task it will be to meet for the purpose of endeavoring to resolve such dispute. The designated representatives shall meet as often as the Parties reasonably deem necessary in order to gather and furnish to the other all information with respect to the matter in issue which the Parties believe to be appropriate and germane in connection with its resolution. The representatives shall discuss the problem and attempt to resolve the dispute without the necessity of any formal proceeding. During the course of discussion, all reasonable requests made by one Party to another for non -privileged information, reasonably related to this Agreement, shall be honored in order that each of the Parties may be fully advised of the other's position. The specific format for the discussions shall be left to the discretion of the designated representatives. b. Formal proceedings for the resolution of a dispute may not be commenced until the earlier of: 22 Page 335 of 404 i. the designated representatives concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or ii. thirty (30) days after the initial written request to appoint a designated representative pursuant to Section 12(a) above (this period shall be deemed to run notwithstanding any claim that the process described in this Section 12 was not followed or completed). c. This Section 12 shall not be construed to prevent a Party from instituting, and a Party is authorized to institute, formal proceedings earlier to (a) avoid the expiration of any applicable limitations period, (b) preserve a superior position with respect to other creditors, or (c) obtain a temporary restraining order or other injunctive relief. d. Each Party agrees to continue performing its obligations under this Agreement while any dispute is being resolved unless and until such obligations are terminated by the termination or expiration of this Agreement. 13. GENERAL a. Governing Law i. The Agreement and performance under it will be governed by and construed in accordance with the Laws of the jurisdiction in which the Organization is located. b. Relationship of the Parties i. DocuPet is performing the Services as an independent contractor. DocuPet has the sole right and obligation to supervise, manage, direct, and perform all work to be performed by its personnel under this Agreement. Persons who perform the Services are employees of DocuPet (or its subcontractors) and DocuPet will be solely responsible for payment of compensation to such persons and for any injury to them in the course of their employment. DocuPet will assume full responsibility for payment of all taxes, withholdings and contributions required in respect of its employees. c. No Waiver of Default i. No waiver will be effective unless in writing signed by an authorized representative of the Party against which enforcement of the waiver is sought. Neither the failure of either Party to exercise any right of termination, nor the waiver of any default will constitute a waiver of the rights granted in this Agreement with respect to any subsequent or other default. d. Remedies Cumulative 23 Page 336 of 404 i. All remedies specified in this Agreement will be cumulative and in addition to any other remedies available under this Agreement or at Law or in equity. e. Assignment i. DocuPet may not assign, transfer or otherwise convey or delegate any of its rights or duties under this Agreement to any other Party without the prior written consent of the Organization, such consent not to be unreasonably withheld. This Agreement shall be binding upon the respective successors and permitted assigns of the Parties. f. Notices i. All notices, requests and demands, other than routine communications under this Agreement, will be in writing and will be deemed to have been duly given when delivered, or when transmitted by fax or email (with a copy provided by another means specified in this Section 13(f)), or one (1) business day after being given to an overnight courier with a reliable system for tracking delivery, or five (5) business days after the day of mailing, when mailed by mail, registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: 1. In the case of DocuPet, to: a. 15 Technology Place Suite 1 East Syracuse, NY 13057 Attention: Chief Executive Officer Email: grant.goodwin@docupet.com 2. In the case of the Organization, to the address set out on page 2 of this Agreement. ii. Either Party may from time to time change the individual(s) to receive notices under this Section 13(f) and its address for notification purposes by giving the other prior written notice of the new individual(s) and address and the date upon which the change will become effective. g. Interpretation i. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders. References to articles and sections shall be references to articles and sections of this Agreement, unless otherwise specifically stated. ii. The section headings in this Agreement are intended to be for reference purposes only and shall in no way be construed to modify or restrict any of the terms or provisions of this Agreement. 24 Page 337 of 404 h. Counterparts i. The Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which will together constitute one and the same agreement. i. Severability i. If any provision of this Agreement is held invalid by a court with jurisdiction over the Parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable Law, and the remainder of this Agreement will remain in full force and effect. j. Survival i. Any provision of this Agreement, which contemplates performance subsequent to any termination or expiration of this Agreement, will survive any termination or expiration of this Agreement and continue in full force and effect. k. Entire Agreement; Amendments i. This Agreement (including any Schedules referred to herein and attached hereto) contains the entire agreement of the Parties and supersedes all prior agreements and representations, whether written or oral, with respect to the subject matter of this Agreement. Modification or amendment of this Agreement, or any part of this Agreement, may be made only by a written instrument executed by authorized representatives of both Parties. I. Compliance with Law i. Each party shall fully comply with all applicable Laws including those Laws regarding data protection, public corruption, non-discrimination in employment, occupational health and safety, accessibility, and environmental protection. m. Cooperative Purchasing Agreements and Use of Terms i. Where Organization may hold a Cooperative Purchasing Agreement with other entities that administer pet licensing, this agreement shall allow those entities, with the approval of DocuPet, to purchase their requirements under the terms and conditions of this Agreement. It is the responsibility of the non -Organization entity to perform its own due diligence on the acceptability of the Agreement under its applicable procurement rules, processes, and procedures. ii. Where a Cooperative Purchasing Agreement is not required, other entities that administer pet licensing may utilize this Agreement if it meets their 25 Page 338 of 404 individual requirements. These entities may enter into a separate Agreement with DocuPet to meet their own requirements. Organization is not a party to any uses of this contract by other entities. CITY OF WATERLOO, IOWA DocuPet Corp. By: Quentin Hart, Mayor By: Kelley Felchle,City Clerk By: Title: Date: Date: 26 Page 339 of 404 Schedule C 1. PET LICENSE FEES Table 1.1 outlines the current Pet License Fee schedule for dogs and cats within the Organization in the local currency of the Organization. Pet License Fees are set by the Organization and are subject to change at any time at the direction of the Organization. Pet License Fee changes require time for implementation, testing, and communications updates. As such, 45 days' notice is required for Pet License Fee changes. Table 1.1 - Pet License Fee Schedule for the Organization Registration Type Duration Cost Altered Dog 1 Year $5.00 Unaltered Dog 1 Year $10.00 Altered Cat 1 Year $5.00 Unaltered Cat 1 Year $10.00 Replacement Tags NA $2.00 Processing Convenience Fee NA TBD Direct Donation NA Variable 27 Page 340 of 404 2. STANDARD FEES The Standard Fees set out in Table 1.2 are to be paid to DocuPet without the prior written approval of the Organization. Table 1.2 - Listing of DocuPet's Standard Fees ITEM FEE PAYABLE BY THE ORGANIZATION (in $USD funds) Start -Up Fee $3,995.00/one time (reduced from $4,995 with introduction of the '365 System. One time payment due at the launch of a program that covers the DocuPet labor involved in developing and implementing the solution. Monthly Fee $0.00/month Monthly fee for provision of the Services. Online Credit Card Processing Fee (applicable for all Pet Registrations 2.65% of the Pet License Fees in each transaction plus $0.25 for each transaction including at least one Pet License Fee sold via the Website) Variable or Optional Fees Mailed License Compliance Notification Fee $1.10 per mailing • This includes all mailed License Compliance Notifications. 28 Page 341 of 404 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 17, 2025 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Tyler Technologies, in an amount not to exceed $3,510.00, in conjunction with implementation and training of the New World Purchase Order Module, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Requesting approval of resolution. SUMMARY STATEMENT AND BACKGROUND INFORMATION Implementation and training of the New World Purchase Order Module for Public Works. This module will allow Public Works to track purchases within New World, to earmark/reduce corresponding line items, and make budget tracking easier. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Operating budget. 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Vs ss ro 3 (FD 0 -C 3' 0 Fs- m (o r+ c ro Fs' CD 0 CD (D ((D 0 0 Cu onul e;ep pal_ianuoa r. o ro 0 x' ro - 0 0. roc n o p0 o c 3 N 0 o' 0 v -0 C f� 0, fp. o ro c szvs ro c c 3 (D OCL O (D 7' w m a ro cr C 5 ro ' O OO ro o_ ro O 0 o c 0 to 0 m 3 sz 0- ro Cr o C ro rom z � �r O 0 -0 3 0. U'c c 0 n (o' n ro s7; (D 0 0 sv Q r+ m Practice Recommendations, by module, and 5O% upon Page 346 of 404 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Resolution approving a Levee Improvement Fund Grant application to the State of Iowa, in conjunction with the FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well Project, Contract No. 1066, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Cost share is 50% and is currenity being funded by GO Bonds. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Relief Well Levee Improvement Program Application Page 347 of 404 I ^WA Homeland Security and Emergency Management 7900 Hickman Rd, Ste 500 Windsor Heights, IA 50324 Iowa Levee Improvement Program Application District/Project Name: F.Y. 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well, Contract #1066 Intent The intent of the Levee Improvement Program is that three state level entities (Office of Levee Safety, Iowa Geological Survey, and the Flood Mitigation Board) will work together to deliver financial assistance to those local levee districts with the most at -risk levees to reduce the chances of a hazardous event occurring. Process Eligible Projects must support the improvement, rehabilitation, maintenance, or repair of a levee to support flood protection in accordance with Levee Certification Standards. This includes funding for engineering, design, inspection, construction, and/or consolidation. Overview This application is designed to capture the necessary information to meet program requirements. 1) Description of the projects and how the project supports the repair, improvement, or maintenance of a levee. 2) Description of financial assistance need through the Iowa Levee Improvement Program. 3) Description of necessary expense. 4) Details on any additional funds to be applied to the project. Eligibility 1) An eligible applicant is a approved Levee (Drainage) District in the State of Iowa. 2) A project may consist of one or more phases of construction or reconstruction that are contracted for separately if the larger project, of which the project is a part, otherwise meets the requirement of this sub -rule. Required Documentation/Process: 1) Complete detailed levee financials (revenue, expense, itemized reports) for current fiscal year and previous year. 2) Recent Inspection Report (if available). 3) Completed IGS Survey (Performed by the Iowa Geological Survey). Those without a completed survey can be added to a list for expedited survey. Funding Process 1) Office of Levee Safety reviews the application and evaluates the request criteria. 2) Office of Levee Safety submits the request to the Flood Mitigation Board for their review. 3) Flood Mitigation Board will either Approve, Defer, or Deny the application. 4) There is a 50% cost share by the District. The Office of Levee Safety will consider all of the following 1) deficiencies in construction, maintenance, and operation of each levee in a levee district 2) the amount of capital expenditures required for the repair or reconstruction for each levee in a levee district 3) payment obligations creating legal indebtedness incurred by the levee district, including those evidenced by bonds, warrants, certificates, contracts, or judgments 4) the current total revenue collected by the levee district, and the budgeted revenue ceiling of the levee district based on a maximum assessment rate for classified lands used to maintain the levee as apportioned to each owner of such land. 5) Projects in 4 main categories: a) Inspection (funding to have an inspection completed by a certified engineer or USACE) b) Engineering and/or Design c) Brick and Mortar/Construction/Modification (projects such as levee improvements, repair, modifications, rehabilitation, etc.) d) Consolidation (funding towards steps to consolidate levees segments/systems/sponsorship, this includes umbrella associations) Iowa Levee Improvement Program Project Application Page 1 Page 349 of 404 ^WA.. Homeland Security and Emergency Management Iowa Levee Improvement Program Project Application I. Applicant Information A. Applicant/Community Name B. Address City, State, Zip Code City of Waterloo 715 Mulberry Street Waterloo, IA 50703 C. Point of Contact (POC) Name for Project POC Title POC Agency POC Email Jamie Knutson City Engineer City of Waterloo jamie.knutson@waterloo-ia.org Alternate POC Name or Authorized Representative Alt POC Title Alt POC Agency Alternate POC Email Wayne Castle Assistant City Engineer City of Waterloo wayne.castle@waterloo-ia.org Alt POC PO Box and Zip Code Alt POC Street Address Alt POC City, State, Zip Code Alt POC Phone 50703 715 Mulberry Street Waterloo, IA 50703 319-291-4312 D. Federal Tax ID # / FEIN E. County Name 42-6005327 Black Hawk F. Levee Rating ** ** Leave this blank and this will be filled in by the Office of Levee Safety Iowa Levee Improvement Program Project Application Page 2 Page 350 of 404 II. Project Cost Information A. Identify the requested funding source: B. Project Budget Summary Engineering/Contractual Services Iowa Levee Improvement Program Estimated costs Engineering PE (Geotechnical, well cleaning, well testing) $115,000.00 Construction $400,000.00 Engineering CE $45,000.00 'Total Project Budget Summary $ 560,000.00 C. Project Funding Source Identify all anticipated funding sources for the project and the amounts. State that you have applied for and/or received approved federal, state and/or local financial assistance. Identify source Appl1Qd/ Federal $ State $ Local $ TOTAI. Received GO Bonds Received 280,000 $ 280 - State Applied 280,000 $ 280 - $ 0 - $ 0 - $o - $o - $o - $o _ $o _ $o _ $o - $o _ $o - $o $o _ $ o _ $o _ $o _ $o _ 280 560 Total Project Funding Source $ 0 $ 280 _ $ _ $ _ D. Total Project Cost Identify total cost of levee improvement project (if project cost is more than requested amount above.) Engineering/Contractual Services Cost Estimate 'Total Improvement Cost Estimate (if more than requested) 0 Iowa Levee Improvement Program Project Application Page 3 Page 351 of 404 III. Project Plan Summary A. Provide a brief description of the project. This project will replace the existing north relief well and complete required flow testing of the south relief well at the Hawthorne Avenue storm water lift station. Rehabilitation efforts to the north well proved ineffective and the Army Corps of Engineers is requiring the well to be replaced. Concurrent flow testing of the south well would allow both wells to be on the same required 5-year testing cycle. B. Provide a brief description of the financial assistance need. Repairs to the levee system are mandated by the Corps of Engineers to maintain levee accreditation. The City is able to provide some annual funding for levee maintenance but the anticipated costs for this work will hamper our ability to meet other levee maintenance needs. This funding will help the City stretch our limited funding. C. Explain how financial assistance through the Levee Improvement Program is essential to meet the necessary expenses or serious needs of the applicant. Levee improvements fund will help supplement the City general obligation bond funds for this project. Current funding requests outstrip available dollars as other needed critical projects (i.e. public safety equipment and major road projects) have received priority funding status. D. Provide details of any additional funds that can be applied to the project. No other applicable funding sources have been identified. E . Description of Project Location The relief wells are located adjacent to the Hawthorne Avenue storm water lift station, approximately 1,500 feet east of the La Porte Road & Hawthorne Avenue intersection. They are located on the west toe of the levee prism. Iowa Levee Improvement Program Project Application Page 4 Page 352 of 404 IV. Work Schedule A. List the major milestones for this project. Task Months/Years from Award Total Months Responsible Party Start Complete Engineering PE iGeote=hnlczl, well cleaning, well testln 07/01/2021 04/19/2024 34 City of Waterloo Construction 03/01/2025 10/30/2026 19 City of Waterloo Engineering CE 03/01/2025 12/30/2026 21 City of Waterloo Total Project Duration: 40 months V. Certifications To the best of my knowledge and belief, I certify that all data in this application packet is complete, true and correct. The governing body of the applicant has duly authorized this document and hereby applies for assistance as documented in this application. The applicant understands that the project shall not proceed until Flood Mitigation Board approval is granted. Jamie Knutson Digitally signed by Jamie Knutson Date: 2025.02.03 11:40:15 -06'00' Signature of the Chief Executive Officer Signature of the Authorized Representative Quentin Hart Jamie Knutson Name of the Chief Executive Officer Name of Authorized Representative Mayor City Engineer Title Title City of Waterloo Organization Date 319-291-4301 City of Waterloo Organization 02/03/2025 Date 715 Mulberry Street Phone Number PO Eox / Street Address Waterloo, IA 50703 City, State and Zip Code 319-291-4312 Phone Number jamie.knutson@waterloo-ia.org Email Address Iowa Levee Improvement Program Project Application Page 5 Page 353 of 404 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE February 17, 2025 AGENDA ITEM TITLE Resolution approving an application to the Black Hawk County Metropolitan Planning Organization (MPO) for Transportation Alternatives Set -Aside Program Funding (TASA) for the Cedar Prairie Trail Replacement Project and directing the execution of said application by the Mayor and City Clerk. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This is the resolution that is needed for an application to INRCOG for the TASA (transportation alternatives set -aside) funding. This is just a resolution that will allow the City to apply for funding. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 354 of 404 1. Draft Resolution For Tap Page 355 of 404 A RESOLUTION OF THE City of Waterloo APPROVING AN APPLICATION TO THE BLACK HAWK COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO) FOR TRANSPORTATION ALTERNATIVES SET- ASIDE PROGRAM FUNDING FOR THE Cedar Prairie Trail Replacement PROJECT AND DIRECTING THE EXECUTION OF SAID APPLICATION BY THE Waterloo City Council. WHEREAS the City of Waterloo is a full member in good standing of the Black Hawk County Metropolitan Planning Organization (MPO); and WHEREAS, the MPO provides Transportation Alternatives Set -Aside Program funds, on a competitive basis, for eligible projects to provide choice across all modes, accommodate new and emerging technologies, make the network sustainable and resilient, ensure the network is more equitable, and create a modern transportation network safe for all users; and WHEREAS it is in the best interest of the City of Waterloo to avail itself of financial assistance through the Transportation Alternatives Set -Aside Program as administered by the Black Hawk County MPO. NOW, THEREFORE BE IT RESOLVED BY THE City Council OF THE City of Waterloo AS FOLLOWS: 1) The Transportation Alternatives Set -Aside Program application for the Cedar Prairie Trail Replacement project is hereby approved and endorsed by the Waterloo City Council. 2) The improvements provided for in this application will be dedicated to public use and adequately maintained by the City of Waterloo for a minimum of 20 years. 3) The City of Waterloo assures the Black Hawk County Metropolitan Planning Organization that funds for the local match have been or will be committed to the Transportation Alternatives Set - Aside Program project. 4) The Mayor is hereby designated as the official representative of the City of Waterloo and is further hereby directed and authorized to affix their signature to said application on behalf of the Waterloo City Council. PASSED AND ADOPTED THIS day of , 2025 Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 356 of 404 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 17, 2025 AGENDA ITEM TITLE Resolution approving the Iowa Certified Local Government 2024 Annual Report, and authorizing the Mayor and Community Planning and Development Director to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION As a Certified Local Government, the City of Waterloo needs to file a report annually to the State of Iowa and the United States Department of the Interior. The benefit of being a Certified Local Government: • Access to special funding • Recognized by State and Federal Agencies • Technical Assistance for the State Historic Preservation Office • Information Excahnge This year the Historic Preservation Commission has accomplished: • Work on collaborations with other interested organizations. • Provided homeowners information and suggestions for projects on historic homes. • Explored options for the Dunsmore House. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Historic Preservation IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A Page 357 of 404 ALTERNATIVE ACTION Denial, which would cause the City of Waterloo to no longer be designated as a Certified Local Government. LEGAL DESCRIPTION ATTACHMENTS 1. CLG Report 2025 Page 358 of 404 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 17, 2025 AGENDA ITEM TITLE Resolution approving an acquisition contract with Emily D. and Arturo S. Miranda to acquire approximately 0.20 acres of land in the amount of $22,095.00 and a financial processing fee of $250.00, for a total amount of $22,345.00, located north of 611 Jane Street, in conjunction with the Delane Creek Drainage Improvements Project, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to approve an acquisition contract with Emily D. and Arturo S. Miranda to acquire approximately 0.20 acres of land in the amount of $22,095.00 and financial processing fee of $250.00, for a total amount of $22,345.00, located at north of 611 Jane Street, in conjunction with the Delane Creek Drainage Improvements Project, and authorizing the Mayor and City Clerk to execute said document. The property shown in Exhibit A is needed in order to make drainage improvements to Delane Creek, which will help alleviate runoff issues that have occurred in this area for many years. The creek channel will be cleaned and regarded creating more volume for the conveyance of runoff in times of heavy rains, and this project has been in the Capital Improvements Program for many years. Plans are to begin this project in 2026. NEIGHBORHOOD IMPACT The project will have a positive impact on drainage in the area, which will reduce flooding that occurs in the area during heavy rainfall. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Staff has met with the property owner and they are in favor of the project. Page 360 of 404 SOURCE OF EXPENDITURES Storm Water. ALTERNATIVE ACTION LEGAL DESCRIPTION Lot 1, Messenger's Replat of Tract A in the First Addition to Martin Heights, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Acquisition Contract 2. Exhibit A Page 361 of 404 ACQUISITION CONTRACT Parcel No.: 8913-33-406-033 - EmiIy D. and Arturo S. Miranda PROJECT: Delane Creek Drainage Improvements Project - 611 Jane Street THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of 2024 by and between Emily D. and Arturo S. Miranda ("Seller"), and City of Waterloo, Iowa, ("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate interests (the "Property"), described as: See attached Exhibit "A", in the City of Waterloo, Black Hawk County, Iowa. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 22,095.00 (See Attached Exhibit "B"). The Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. City will cover costs of mortgage release fee of the Seller's financial institution in the amount of $250.00 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur at a mutually agreeable date and time within sixty (60) days after the date this Contract is approved by the city council, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seiler shall be set off against any expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (a) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title, continued by the Buyer, to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Buyer agrees to pay costs of abstract continuation, or creation, as necessary. Buyer agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. in case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. Page 362 of 404 to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to § 1033 of the Internal Revenue Code. 11. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities. Within 30 days after Seller's execution of this Contract, Seller shall disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 12. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHEREFORE, the parties have entered this Acquisition Contract as oft 1.. e t forth above. yQ Emily D. Ilrlira da SELLER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWK COUNTY, ss: iranda Acknowledge e m o Aviapel•Z f r '6 5 , by Emily D. Miranda and Arturo S. Miranda Notary Public APPROVAL RECOMMENDED BY: TIM ANDERA COMMISSION NO. 772518 MY COMMISSION EXPIRES APRIL 11, 2027 City Planning Staff (Date) APPROVED BY: ATTEST: (Mayor) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: (City Clerk) Acknowledged before me on by Quentin Hart and Kelley Felchie as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public Page 363 of 404 EXHIBIT "B„ Acres Price Fee title acquisition 0.20 $22,095.00 (per appraisal) Financial Processing Fee - Partial Release of Mortgage $250.00 TOTAL $22,345.00 3 Page 364 of 404 Exhibit "A" - Plat of Acquisition Lot 1, Messenger's Replat of Tract "A" in the First Addition to Martin Heights City of Waterloo, Black Hawk County, Iowa KID \,O �°� ,` vO \��& LOT 27 coe t O -9 �%L� ry0 b6 ,,w 41) 'SS LOT 2 40'PERMANENT DRAINAGE EASEMENT (PLATTED) Ny5e02q/„ /20.77. IN LOT 26 MARTIN HEIGHTS 43 5' () LOT 1 000'Q 0� N yet °°j ba ,6 9� F.,'\ LOT 3 0 z MESSENGER'S REPLAT OF TRACT "A" IN THE FIRST ADDITION TO MARTIN HEIGHTS W _ Zv M M 0 I UNPLATTED SE 1/4, ' SEC. 33, T89N, R 13W \ I �� � N N O — o Z N20' SANITARY SEWER EASEMENT \ (EXISTING) \ \ \ \ \ \ \ \ \ 0 25 50 Survey Notes: Distances shown Messenger's Replat 1. No field survey was conducted. The Bearings and on this plat and used are from the Final Plat for of Tract "A" in the First Addition to Martin Heights. Scale: finch = 50 feet City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 50' Field Work Date: -- Date Drawn: 11-18-2024 Sheet No. 1 of 1 — nnr L An 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 17, 2025 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Eocene Environmental Group, Inc., in an amount not to exceed $3,800.00, to perform a Phase I Environmental Site Assessment for 100 East 4th Street, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted herewith is a request to approve a Professional Services Agreement with Eocene Environmental Group, Inc., in an amount not to exceed $3,800.00, to perform Phase I Environmental Site Assessment for 100 East 4th Street, and authorizing the Mayor to execute said document. The project scope includes the following components. 1. The Records Review will include obtaining and reviewing records that will help identify RECs in connection with the property. 2. The reconnaissance will include a visit to the property to collect information and make observations to help identify RECs. 3. Interviews with past and present owners, operators, and occupants will obtain information about current and past features, uses, activities, and conditions at the property in support of identifying RECs. 4. Interviews with state and/or local government officials will obtain commonly known information or records about the environmental condition of the property or surrounding area. 5. The Evaluation and Report Preparation will report the findings and conclusions of the Phase I ESA, supported by the Environmental Professional's opinions and appropriate documentation to support the findings. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 366 of 404 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Downtown Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. PSA_Waterloo_Phase_IESA 100East 4thSt Page 367 of 404 AGREEMENT (PSA) Project: Phase I Environmental Site Assessment PROFESSIONAL SERVICES Eocene- - Environmental Group Property: 100 East 4th Street, Waterloo, IA 50703 Client: City of Waterloo Contact: Noel Anderson Address: 715 Mulberry Street City/State/Zip: Waterloo, IA 50703 Phone: 319-291-4366 Email: noel.anderson@waterloo-ia.org AGREEMENT made this 10th of February 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: complete a Phase I Environmental Site Assessment (ESA) of the site described below in Section 1 (the "Property"). WHEREAS, Eocene agrees to provide said services pursuant to the terms of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Project Eocene will complete the Phase I ESA report in accordance with ASTM E1527-21, the Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (the "ASTM E1527-21 Standard Practice") for the Property defined below: Property Address(es): 100 East 4th Street, Waterloo, IA 50703 Parcel ID(s): Black Hawk County Assessor's Office parcel 8913-25-108-005 Property Acreage: 1.0 acres 2. Scope of Services This Project scope includes preparing a Phase I ESA report in general accordance with the ASTM E1527-21 Standard Practice for the purpose of identifying recognized environmental conditions (RECs) in connection with the Property, at least to the extent feasible pursuant to the processes described in the referenced practice. An 8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com 09-24 PAGE 1 OF 5 Page 368 of 404 Environmental Professional, as defined by 40 CFR §312.10(b), will oversee and/or conduct all elements of this Project scope and provide opinions in the Phase I ESA report. The Project scope also includes documenting the results of an inquiry per United State Environmental Protection Agency's All Appropriate Inquiries Rule, or AAI (as promulgated by 40 CFR §312). In conducting this Project scope, Eocene will utilize the Phase I ESA elements and methods outlined in Sections 7 through 12 of the ASTM E1527-21 Standard Practice. This includes the following components: • The Records Review will include obtaining and reviewing records that will help identify RECs in connection with the Property. • The Reconnaissance will include a visit to the Property to collect information and make observations to help identify RECs. • Interviews with Past and Present Owners, Operators, and Occupants will obtain information about current and past features, uses, activities, and conditions at the Property in support of identifying RECs. • Interviews with State and/or Local Government Officials will obtain commonly known information or records about the environmental condition of the Property or surrounding area. • The Evaluation and Report Preparation will report the findings and conclusions of the Phase I ESA, supported by the Environmental Professional's opinions and appropriate documentation to support the findings. 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 both unrestricted access to the Property for Eocene to perform the reconnaissance and a knowledgeable representative who will be available to provide access to any structure interiors and answer questions relating to the use of the Property and its operations; II. Provide contact information for the Property's owner and occupants, as well as any former owners, operators, or occupants that are reasonably known to the Client; and III. Provide copies of any previously environmental assessments or other reports or commonly known information that may be pertinent to the environmental condition of the Property. 5. Schedule The Project will commence immediately upon receipt of the executed Professional Services Agreement (PSA) from the Client. Eocene anticipates being able to prepare the Phase I ESA report within approximately four weeks of receiving the signed PSA. 6. Project Cost, Payment and Termination The Client shall pay Eocene the lump sum cost of Three Thousand, Eight Hundred Dollars ($3,800.00) for the performance of this Agreement. Direct costs such as communications, postage, routine printing and copying are not invoiced separately but are included with the lump sum to streamline the accounting process and reduce overhead costs. 8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com 09-24 PAGE 2 OF 5 Page 369 of 404 Tasks Cost Phase I Environmental Site Assessment $ 3,800.00 Total $ 3,800.00 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. 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. 8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com 09-24 PAGE 3 OF 5 Page 370 of 404 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 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. *NOTE FOR PHASE 1 ESA PROJECTS: For the Client (or User of the Phase I ESA report, if different) to qualify for innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (i.e., the landowner liability protections, or LLPs), the Client must also return a completed User Questionnaire prior to the final report (see Attachment 1 of this Professional Services Agreement). 8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com 09-24 PAGE 4 OF 5 Page 371 of 404 CITY OF WATERLOO Accepted by: Printed/Typed Name: Title: Date: EOCENE ENVIRONMENTAL GROUP, INC. Accepted by: 6 f1i11 Printed/Typed Name: Steve Prideaux Title: Project Manager II Date: 2/10/2025 8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com 09-24 PAGE 5 OF 5 Page 372 of 404 ATTACHMENT 1 Phase I Environmental Site Assessment User Questionnaire (modeled from Appendix X.3 of the ASTM E1527-21 Standard Practice) A. Purpose: To qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2001 (the "Brownfields Amendments"), the User must conduct the following inquiries (Section C, below) required by 40 C.F.R. §$312.25, 312.28, 312.29, 312.30, and 312.31. These inquiries must also be conducted by EPA Brownfield Assessment and Characterization grantees. The User should provide to the environmental professional the following information for the property subject to the Phase I ESA (the "Property"). Failure to conduct these inquiries could result in determination that "all appropriate inquiries" is not complete. B. User and Property Information: 1. Name / Organization of User 2. Date User Questionnaire was completed 3. Property Address(es) (please provide Property map or other records, if necessary, to identify all parcels and boundaries) C. Results of Property Inquiries: This section is to be completed by the User of the Phase / Environmental Site Assessment (ESA) report. Please include any lengthy responses on a separate sheet and refer to the number or letter of the item from this page. 1. Environmental liens that are filed or recorded against the Property (40 CFR §312.25). Did a search of land title records (or judicial records* where appropriate) identify any environmental liens filed or recorded against the Property under federal, tribal, state, or local law? 2. Activity and use limitations that are in place on the Property or that have been filed or recorded against the Property (40 CFR §312.25). Did a search of land title records (or judicial records* where appropriate) identify any activity and land use limitations (AULs), such as engineering controls, land use restrictions, or institutional controls that are in place at the Property and/or have been filed or recorded against the Property under federal, tribal, state, or local law? *In certain jurisdictions, federal, tribal, state, or local statutes, or regulations specify that environmental liens and AULs be filed in judicial records rather than in land title records. In such cases judicial records shall be searched for environmental liens and AULs. 8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com ASTM E1527-21 User Questionnaire PAGE 1 OF 3 Page 373 of 404 3. Specialized knowledge or experience of the person seeking to qualify for the LLP (40 CFR §312.28). Do you have any specialized knowledge or experience related to the Property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the Property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business? 4. Relationship of the purchase price to the fair market value of the Property if it were not contaminated 40 CFR §312.29). Does the purchase price being paid for this Property reasonably reflect the fair market value of the Property? If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the Property? 5. Commonly known or reasonably ascertainable information about the Property (40 CFR §312.30). Are you aware of commonly known or reasonably ascertainable information about the Property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example (summarize details, if known): (a.) Do you know the past uses of the Property? (b.) Do you know of specific chemicals that are present or once were present at the Property? (c.) Do you know of spills or other chemical releases that have taken place at the Property? (d.) Do you know of any environmental cleanups that have taken place at the Property? 8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com ASTM E1527-21 User Questionnaire PAGE 2 OF 3 Page 374 of 404 6. The degree of obviousness of the presence or likely presence of contamination at the Property, and the ability to detect the contamination by appropriate investigation [40 CFR §312.31). Based on your knowledge and experience related to the Property, are there any obvious indicators that point to the presence or likely presence of releases at the Property? D. Additional Information to Support the Phase I ESA: This information is intended to assist the environmental professional in competing the Phase I ESA report, but it is not necessarily required to qualify for one of the LLPs as part of "all appropriate inquiries." 1. State the reason(s) the User is performing this Phase I ESA. 2. Describe the current use and occupancy of the Property subject to this Phase I ESA. 3. Summarize any other knowledge or experience with the Property that may be pertinent to the environmental condition of the Property or useful to the environmental professional completing the Phase I ESA report. This could include prior environmental assessment reports, compliance reports, or other documents or correspondence. Provide copies of reports or correspondence, where possible. 8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com ASTM E1527-21 User Questionnaire PAGE 3 OF 3 Page 375 of 404 VBeaconinn Black Hawk County, IA Parcel ID 891325108005 Sec/Twp/Rng n/a Property Address 100 E 4TH ST WATERLOO 940001 District Alternate ID n/a Class C Acreage n/a Overview Legend Owner Address FDP CD LLC 201 N HARRISON ST APT 402 DAVENPORT, IA 52801 Brief Tax Description ORIGINAL PLAT WATERLOO EAST LOT 9 BLK 3 SELY 55 FT LOT 10 BLK 3 & ALL THAT PART OF A TRACT OF LAND IN THE FRACT BLK OPPO (Note: Not to be used on legal documents) Date created: 2/7/2025 Last Data Uploaded: 2/6/2025 11:25:23 PM Developed b p Yr, SCHNEIDER � GEOSPATIAL Page 376 of 404 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 17, 2025 AGENDA ITEM TITLE Resolution approving the Development Agreement between Waterloo Development Corporation (WDC) and the City of Waterloo for the development of the Hard Courts Project on the Tech Works site, including grant of $4,000,000 with payments over 3 years, and conveyance of WDC owned properties to the City of Waterloo, and authorize the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo and WDC have been working towards infill development on the Tech Works Campus Outlots. The Hard Courts project will be a regional draw for many youth activities and sports to help bring additional activities, revenues, and visitors to Downtown Waterloo. The Development Agreement will authorize the City of Waterloo to help fund the Cedar Valley Hard Courts project with a $4 million grant with payments over a 3-year period. In exchange, the WDC will move toward construction of the $35 million Hard Courts project, plus convey $1,195,000 in properties previously acquired in the downtown area to the City of Waterloo for development, and agree to acquire an additional $1,800,000 in acquisitions in the near future to help with Downtown development. This exchange of services between the two entities will help the Hard Courts project move ahead now, help for further downtown development now and into future, and help continue the positive relationship for downtown development that was envisioned with the creation of the WDC through the original Gaming license approval. To date, the WDC and City of Waterloo have partnered to create the Sportsplex site, parking area, Expo Plaza area, as well as other portions of the Cedar Valley Riverfront Renaissance project that created the Amphitheatre area, inflatable dam system, Riverloop trail, Art Bloc development, and Youth Pavilion project. These projects have resulted in over $40 million in investment in Downtown Waterloo alone, and the partnership continues to work towards redevelopment in expanding areas of the Downtown in Waterloo. NEIGHBORHOOD IMPACT This project will have a positive impact on the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 377 of 404 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES TIF Funds ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. WDC Development Agreement Page 378 of 404 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 between Waterloo Development Corporation (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City have an established history of collaborating on special, high -impact community development projects, often involving the acquisition and preparation of slum, blight or functionally obsolete properties, with such efforts concentrated primarily on the larger downtown Waterloo area, being a part of the Downtown Waterloo Urban Renewal and Redevelopment Area ("Urban Renewal Area"). B. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in the Urban Renewal Area. C. The parties desire to continue their joint efforts, on the terms set forth herein, with a significant objective of providing funding for Company's development of a portion of the Cedar Valley TechWorks campus depicted on Exhibit "A" attached hereto (the "Property") for the construction of a hard -court sports facility (the "Project") to benefit the City of Waterloo and surrounding communities. The Project will fulfill long-range plans to repurpose and develop the TechWorks campus from its former use as a heavy manufacturing site and is expected to stimulate significant economic activity for local benefit from sports tourism. 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 379 of 404 requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Company's Ancillary Activities. A. The parties acknowledge that, prior to the date of this Agreement, Company has acquired or has entered into contracts to acquire the following properties in Waterloo, Iowa (the "Company Properties"), at the value shown opposite each address: (1) 118 Sycamore Street (2) 128 Sycamore Street and parcel across the street (3) 100 Commercial Street (4) Parcel next to 100 Commercial Street (5) 315 E. 4th Street $275,000.00 $185,000.00 $210,000.00 $125,000.00 $400,000.00 B. The parties acknowledge that Company will hereafter pursue acquisition of other properties in Waterloo, Iowa about which the parties shall mutually agree. The value attributed to such future acquisitions is no less than $1,800,000.00. Company shall exercise commercially reasonable efforts to acquire such additional properties. C. The parties agree that the completed and anticipated property acquisitions set forth above have a total value of no less than $2,995,000.00. 2. Conveyances of Company Properties. With respect to each and any of the Company Properties and other properties described in paragraphs A or B of Section 1 above, Company shall convey same to City by general warranty deed, free and clear of all encumbrances arising by or through Company except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the property conveyed; and (c) restrictions imposed by the City zoning ordinances and other applicable law. Except as expressly set forth herein, Company conveys each of the Company Properties in its "AS IS" condition, makes no representation or warranty as to the condition of the Company Properties or their suitability for City's purposes, and hereby disclaims any such representations or warranties, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose. City is responsible to conduct its own due diligence and inspections. City shall prepare, at its own expense, an updated abstract of title for each property for its review, which shall become City's property upon closing. Company shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to City, and if Company does not remedy or remove such objectionable 2 Page 380 of 404 matters in timely fashion following written notice of such objections from City, then City may terminate this Agreement as to a given property, without further obligation, and shall return the abstract of title to Company. 3. Development of Company Properties. After City receives title to any of the Company Properties, City shall confer with Company in good faith before City issues or executes any request for proposals (RFP), request for qualifications (RFQ), letter of intent, term sheet, development agreement, or other solicitation, proposal or agreement concerning the development or use of any of the Company Properties. Company shall have the right to approve any such instrument, provided that Company's approval shall not be unreasonably withheld, conditioned or delayed. Nothing in this section is intended to impose a time table on City for development of the Company Properties, which shall occur on a mutually agreeable schedule to be determined by the parties hereafter. 4. Lease of Property. Subject to the terms hereof, at a date to be mutually agreed by the parties, City and Company shall enter into a long-term ground lease (the "Lease") of the Property with a term of ninety-nine (99) years, at a rental rate of $1.00 per year, and including such other terms and conditions to which the parties may agree. The Property shall be free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City 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. City shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 5. Property Condition. Except as expressly set forth herein, City sells the Property "AS IS," makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes, and hereby disclaims any such representations or warranties, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose. Company is responsible to conduct its own due diligence and inspections. Exhibit "B," Exhibit "C" and Exhibit "D" attached hereto is each hereby incorporated herein as representations of City with respect to the Property and shall be attached to the Lease as exhibits. Company may, at Company's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes, and may have further Phase I or Phase II environmental assessment or study completed. City shall cooperate in providing reasonable access to Company's inspectors and engineers. City shall provide to Company a copy of any report or information in City's possession with respect to environmental assessment, investigation, testing or remediation. If 3 Page 381 of 404 hazardous materials, substances, or wastes are discovered on the Property, Company's obligation hereunder shall, unless waived by Company, be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Company. However, in the event City is required to expend any sum in excess of $10,000 to remove any hazardous materials, substances, conditions or wastes before Company commences construction, City shall have the option to cancel this Agreement and declare it null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by City, subject to City's right to cancel this transaction as provided above. 6. Project Improvements. Company shall construct a sports facility of a size and scope described in the plans that have been submitted to the City and/or as may be further developed hereafter (the "Plans"), as well as related landscaping, storm water detention, paving, signage and parking improvements (collectively, the "Improvements"), all such features to be constructed in accordance with the Plans. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban renewal plan applicable to the Property, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. 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." The Project shall be constructed on a schedule to be agreed by the parties hereafter. 7. Construction Plans. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as 4 Page 382 of 404 detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 8. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property. Company will be responsible for payment of any associated connection fees other than water connection fees, which will be paid by City. 9. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees to maintain the following insurance coverages, as applicable, during construction of the Improvements: 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. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 5 Page 383 of 404 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. City Incentives. As compensation to Company for assembling the properties described in paragraphs A and B of Section 1 above, and to provide cost support to facilitate Company's construction of the Improvements, City agrees to make the following grant payments to Company: $2,000,000.00 no later than May 1, 2025 $1,000,000.00 no Iaterthan May 1, 2026 $1,000,000.00 no Iaterthan May 1, 2027 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in 6 Page 384 of 404 conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or bylaws of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. F. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any Toss or damage to property or any injury to or death of any person occurring at or about the Property, unless arising from the negligent acts or omissions or willful misconduct of an indemnified party. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. 7 Page 385 of 404 C. 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. Nothing in this Section shall be deemed as a restriction on Company's ability to mortgage the Property if necessary for construction financing or later conversion of same to permanent financing. 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 in violation of the terms of this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) 8 Page 386 of 404 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. E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 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. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 9 Page 387 of 404 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 term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 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. 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 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 360 Westfield Avenue, Suite 300, Waterloo, Iowa 50701, 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. 10 Page 388 of 404 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 of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent defau It. 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. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 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. 11 Page 389 of 404 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 forth above. [signatures on next page] 12 Page 390 of 404 CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 13 WAT QQ DEVELOPMENT. C Title: �c� - ;,;-es'74/7/- Page 391 of 404 EXHIBIT "A" Property Depiction See attached. Legal description will be prodded when the Property has been surveyed. Page 392 of 404 EXHIBIT "B" Environmental Matters B-1. Seller Representations. Seller states that it has provided the environmental reports, agreements, orders, documents and records associated with the Property listed on Exhibit "C" attached hereto (the "Environmental Records"). Seller makes no representation or warranty regarding the accuracy or completeness of any Environmental Record prepared by third parties. Except as disclosed in the Environmental Records or Section B-2 below, to Seller's knowledge, formed without additional inquiry beyond the Environmental Records, the Property is not contaminated with, nor threatened with contamination from outside sources by, any chemical, material or substance to which exposure is prohibited, limited or regulated by any federal, state, county, local or regional authority having jurisdiction over the Property and that Seller has not used the Property as a landfill or dumpsite, or for storage of hazardous substances, or has not otherwise done anything to contaminate the Property with hazardous wastes or substances. Except as disclosed in the Environment Records or Section B-2, to Seller's knowledge, formed without additional inquiry beyond the Environmental Records, the Property is not subject to any local, state or federal judicial or administrative action, investigation or order, as the case may be, regarding wells or underground storage tanks, solid waste disposal sites, or hazardous wastes or substances. The representations and warranties provided in this Section B-1 shall survive the delivery of the Deed. In addition, concurrently with delivery of the Deed, Seller shall transfer, convey, deliver and assign to Buyer of all Seller's right, title and interest in and to any and all indemnity and hold harmless agreements and other like agreements between Seller and any third -party pertaining to any environmental matters or issues pertaining to the Property, to the full extent that such agreements are assignable by Seller. B-2. Environmental Conditions. B-2.1. Pre-existing Environmental Conditions. Buyer acknowledges that prior to the purchase of the Property by Seller, the Property had been utilized as a heavy manufacturing facility for almost a century. Environtnental conditions upon the Property are partially described in the Environmental Records, and include but are not limited to the presence of polyaromatic hydrocarbons in fill material throughout the Property, the possible presence of used oil and petroleum products, and the possible presence of abandoned underground storage tanks. B-2.2. RCRA Permit. The Property is subject to a US Environmental Protection Agency ("USEPA") Permit for a Hazardous Waste Management Facility (the "RCRA Permit") and to a Declaration of Environmental Covenants (the "Covenants"). The management of existing environmental conditions on the Property may include the implementation of institutional controls and engineered barriers as reasonably necessary to protect human health, safety and welfare. Buyer shall be responsible for the performance of the conditions of the RCRA Permit and Covenants and for maintaining and protecting institutional controls and/or engineered barriers as required by the RCRA Permit and Covenants to the extent that said conditions, institutional controls, and/or engineered barriers relate to the Condo Units and such implementation, compliance, and/or maintenance is reasonably within the control of Buyer. Buyer shall maintain records of any activities relating to the movement or displacement of soil or groundwater done by it or on its behalf, including but not limited to removal, replacement, fill or disposal. Buyer shall maintain a file of all records regarding environmental matters or improvements to the Property. Such records shall be readily available for review upon request by Seller, Deere and Company ("Deere"), USEPA and/or Iowa Department of Natural Resources ("IDNR"). Seller shall be permitted to copy and retain copies of any such records, in its sole discretion. Buyer shall maintain all records relating to environmental matters on the Property for a period of five (5) years after expiration or termination of any restrictive covenant and/or condition of rernediation imposed by USEPA or IDNR. Page 393 of 404 Seller agrees to release Buyer of obligations required by the RCRA Permit and the Covenants if Buyer obtains its own RCRA Permit and both USEPA and IDNR release Seller and Deere of its obligations relating to the property covered by the new RCRA Permit of Buyer. The agreements and covenants contained in this Section B-2.2 shall survive the delivery of the Deed. As a condition to delivery of the Deed, Buyer will execute and deliver to Seller the Acknowledgement and Acceptance of Environmental Covenants attached to the Purchase Agreement as Exhibit "D." 2 Page 394 of 404 EXHIBIT "C" Environmental Records The following constitute the "Environmental Records": 1. Declaration of Environmental Covenants recorded in Black Hawk County, Iowa on or about November 13, 2006 as Document No. 2007-10811 2. United States Environmental Protection Agency Permit for a Hazardous Waste Management Facility. Permittee: Deere & Company. Facility Identification Number: 1AD005289806 (the RCRA Permit) 3. Letter from USEPA to James Kalina and Fredrick Van Schepen Re: Environmental Issues Relative to Construction Activities at the John Deere Waterloo Works Facility, EPA I.D. No. IAD005289806 (dated November 3, 2006) 4. Letter from USEPA to James Kalina Re: Final RCRA Hazardous Waste Management Permit and Response to Comments Final Remedy Decision for SWMU 19A and Southeast AOC 1 and Response to Comments for John Deere Waterloo Works Facility, 400 Westfield Avenue, Waterloo Iowa, EPA RCRA ID No. IAD005289806 (dated October 24, 2006) 5. Letter from Weston Solutions, Inc. to USEPA Re: Addendum No. 2, Subsurface Vapor Intrusion Pathway Evaluation, Technical Memorandum, SWMU 19A and Southeast AOC-I, Cedar Valley TechWorks Facility, Waterloo, Iowa (dated November 21, 2006) 6. Focused Corrective Measures Study Report, Solid Waste Management Unit 19A, John Deere Waterloo Works, Waterloo, Iowa. Prepared by Weston Solution, Inc. (dated May 2006) 7. Revised Technical Memorandum, Human Health Risk Evaluation for the Cedar Valley TechWorks Facility. Prepared by Weston Solutions, Inc. (dated April 2006) 8. Letter from Weston Solutions, Inc. to USEPA Re: Addendum No. 1, Revised Technical Memorandum, Human Health Risk Evaluation for the Cedar Valley TechWorks Facility, Waterloo, Iowa (dated November 16, 2006) 9. Focused Corrective Measures Study Report, Solid Waste Management Unit 19A, John Deere Waterloo Works, Waterloo, Iowa (Revision 2). Prepared by Weston Solutions, Inc. (dated June 2006) 10. Indoor Air Assessment, John Deere Waterloo Works Area of Contamination -A, Waterloo, Iowa (Revision 0). Prepared by Weston Solutions, Inc. (dated June 16, 2008) 11. Letter from USEPA to James Kalina Re: EPA I.D. No. 1AD005289806 (approving Focused Corrective Measures Study Report, Solid Waste Management Unit 19A, John Deere Waterloo Works, Waterloo, Iowa (Revision 2). (dated July 3, 2006) 12. USEPA Memorandum from Jeremy Johnson to Randy Rohrman Re: Revised Technical Memorandum Human Health Risk Evaluation for the Cedar Valley TechWorks Facility, John Deere Waterloo Works, Waterloo, Iowa (dated May 15, 2006) 13. USEPA Fact Sheet Re: Proposed Hazardous Waste Permit Renewal and Proposed Cleanup Plan Released for Public Comment, John Deere Waterloo Works, Waterloo, Iowa (dated July 2006) 14. Letter from Weston Solutions, Inc. to USEPA Re: Addendum to Corrective Measures Implementation Work Plan, SWMU 19A and Southeast AOC-1 — Revision 1, March 2008, John Deere Museum and TechWorks Campus Development, 13lackhawk County -- Waterloo, Iowa (dated October 25, 2012) Page 395 of 404 15. Letter from USEPA to Joseph Ruiz Re: EPA Review of Revised Addendum to Corrective Measures Implementation Work Plan — SWMU 19A and Southeast AOC-1, John Deere Waterloo Works, Waterloo, Iowa, EPA I.D. No. 1AD005289806 (date January 29, 2013) 16. Letter from Weston Solutions, Inc. to USEPA Re: Addendum to Corrective Measures Implementation Work Plan - Revised, SWMU 19A and Southeast AOC-1 — Revision 1, March 2008, John Deere Museum and TechWorks Campus Development, Blackhawk County -- Waterloo, Iowa (dated December 21, 2012) 17. Pre -Renovation Asbestos, Lead -Based Paint and Hazardous Materials Assessment Report. Prepared by ATC Associates (dated August 10, 2012) 18. Letter from Cardno ATC to Jennifer Kakert Re: Follow-up Asbestos Containing Building Materials, Lead - Based Paint, and Hazardous Materials Re -Surveys (dated November 12, 2015) 19. Letter from ATC Associates Inc. to Bryce Henderson Re: Pre -Renovation Abatement Cost Estimates (dated August 10, 2012) 20. Corrective Measures Implementation Work Plan & Construction Quality Assurance Plan, SWMU 19A and Southeast AOC 1, John Deere Waterloo Works, Waterloo, Iowa, Facility ID No.: 1AD005289806. Prepared by Weston Solutions, Inc. (dated May 2007) 21. Site Specific Health and Safety Plan, Special Provisions for Construction at Former John Deere RCRA Facility. Prepared by Weston Solutions, Inc. (dated May 2007) 22. Non -Destructive Asbestos and Hazardous Material Survey Report. Prepared by Liesch Companies (dated August 2005) 23. John Deere Cedar Valley TechWorks Limited Site Investigation Work Plan. Prepared by Terracon (dated September 28, 2006) 24. Phase I Environmental Site Assessment, John Deere Waterloo Cedar Valley TechWorks. Prepared by Terracon (dated November 6, 2006) 25. Corrective Measures implementation Report SWMU I9A and Southeast AOC I, John Deere Museum and TechWorks Campus Development, Blackhawk County — Waterloo, Iowa. Prepared by Weston Solutions, Inc. (dated November 2015) 26. Asbestos and Hazardous Materials Survey Report. Prepared by Liesch Companies (dated October 2005) 27. Non -Destructive Asbestos and Hazardous Materials Survey Report. Prepared by Liesch Companies (dated October 2005) 28. Phase I Environmental Site Assessment, John Deere Waterloo Cedar Valley TechWorks. Prepared by Terracon (dated November 8, 2006) 29. Environmental Covenant recorded in Black Hawk County, Iowa on or about April 25, 2023 as Document No. 2023-14277 2 Page 396 of 404 EXHIBIT "D" Assignment and Assumption of Environmental Conditions This Acknowledgement and Acceptance of Environmental Covenants is entered into as of , by and between City of Waterloo, Iowa ("City") and Waterloo Development Corp. ("WDC"). WHEREAS, a Declaration of Environmental Covenants was filed in the office of the Recorder of Black Hawk County, Iowa on or about November 13, 2006 and recorded as Doc. No. 2007-10811, and an additional Environmental Covenant was filed in said office on or about and recorded as Doc. No. _ (collectively, the "Environmental Covenants") ; and WHEREAS, City desires to take title to a portion of the Facility (as described in the Environmental Covenants) and to undertake responsibility for compliance with the Environmental Covenants. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, parties agree as follows: 1. City Acknowledgement and Acceptance of Environmental Covenants. City hereby acknowledges receipt of a copy of the Environmental Covenants and agrees to comply with and perform all obligations thereunder as if the Grantor. City agrees to require any subsequent transferee of the Facility, or any portion thereof, to accept and comply with terms of the Environmental Covenants as provided herein and therein. 2. General. This Acknowledgement and Acceptance of Environmental Covenants is entered into pursuant to the terms of the Development Agreement by and between City and WDC dated , 2025. Capitalized terms used herein but not otherwise defined shall have the meaning set forth in said Agreement and/or the Environmental Covenants. IN WITNESS WHEREOF, the parties have entered into this Assignment and Assumption of Environmental Conditions by their duly authorized representatives as of the date first set forth above. WA T O TDEVELOPMENT CORP. Title: %GG-�Sid�T CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk Page 397 of 404 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Rob Duncan, Chief of Police Police Department AGENDA ITEM TITLE An ordinance amending the dog and cat licensing regulations. RECOMMENDED COUNCIL ACTION MEETING DATE February 17, 2025 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. Animal Control 2025 2. Final Ord. Dog Cat 2025 Page 398 of 404 5-1A-2: LICENSES REQUIRED: A. Annual License: The owner of all dogs and cats six (6) months old or older, whether service animals or otherwise, shall annually obtain a license therefor as hereinafter provided. B. Application By Owner: The owner of a dog or cat, for which a license is required, shall on or before January 1 of each yc\ar apply to the police department , or it's designee city clerk for a license for each dog or cat owned by said owner. Such application or license may be made after the expiration of any current licenseJanuary 1, and within thirty (30) days after at any time, for a dog or cat which has comes into the possession or ownership of the applicant, or which has reached the age of six (6) months after said date. C. Form Of Application: Subject Aapplications shall be in a form writing on blanks provided by the police department , or it's designee city clerk, and shall state the breed, sex, age, color, markings and name, if any, of the dog or cat, and the address of the owner and be signed by said owner. Such application shall also state the date of the most recent rabies vaccination, the type of vaccine administered and the date the dog or cat shall be revaccinated. D. License Fees: 1. The annual license fee for each dog or cat shall be determined from time to time by resolution of the city council. Fees shall be paid when the application is submittedby March 31 or within nincty (90) days after thc date on which any dog or cat that is not licensed first becomes subject to licensure under subsection B of this section. Any fee not paid by thc due date shall increase to an amount determined from time to time by resolution of the city council. 2. Duplicate licenses shall be issued at a cost determined from time to time by resolution of the city council. 3. The city license fee shall be waived for all dogs or cats if thc owner of said dogs or cats has a valid license issued by the state of Iowa that allows the keeping of such animals. 34. The owner of all dogs or cats six (6) months old or older must comply with all the provisions of this article, including, but not limited to, the obtaining of rabies vaccination and license tag, even if the license fee has been waived. A written certificate from a licensed veterinarian shall be required to prove that a dog or cat is incapable of breeding and has been vaccinated for rabies. E. Term Of License: All licenses shall expire on January 1 of the one year following the date of issuance, and a license tag issued for one dog or cat shall not be transferable to another dog or cat. Page 399 of 404 F. Transfer Or Change Of Ownership: When the permanent ownership of a dog or cat is transferred, the license for the same may be transferred by the police department city clerk by the notation on the license record giving name and address of the new owner. G. Implied Consent: The application for and the receipt of a license as required herein shall include an implied consent by the owner to permit an inspection of both real and personal property under his control for the purpose of carrying out the provisions of this article, including inspection for cruelty to animals or an inspection of sanitary conditions. H. Delinquent Licenses: All license fees for dogs or cats become delinquent thirty (30) dayson April 1 in thc y ar in which after they are due and payable, and a penalty shall be added to each unpaid license on or after said date in an amount determined from time to time by resolution of the city council. the like amount of thc annual license fcc as hcrci bcforc sct out i "ub cctio D of thisccction. Delinquent penalties may be waived upon a finding of good cause by the police department. (Ord. 5204, 3-10-2014; axmmd. Ord. 5684, 1-17-2023) 5-1A-3: EXCEPTIONS TO LICENSE REQUIREMENTS: The foregoing requirements for licenses for dogs or cats shall not apply to dogs or cats that are under the control of the owners or handlers while in transit or to be exhibited or to nonresidents of the city if they are in the state for less than thirty (30) days or which are assigned to a research institution or like facility. The license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid state license for said dogs or cats. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023) 5-1A-4: RABIES VACCINATION REQUIRED: A. Required: Every owner of a dog or cat shall obtain a rabies vaccination for such animal. It shall be unlawful for any person to own or have a dog in his possession six (6) months of age or over which has not been vaccinated against rabies. B. Type Of Vaccine: The rabies vaccination required by subsection A of this section shall be an injection of anti -rabies vaccine approved by the Iowa state department of agriculture, and the frequency of revaccination necessary for approved vaccination shall be as established by subject department. The vaccine shall be administered by a licensed veterinarian and shall be given as approved by the Iowa state department of agriculture. Evidence of said rabies vaccination shall be a certificate of vaccination signed by a licensed veterinarian, and the certificate shall show that the vaccination does not expire within six (6) months from the effective date of the dog or cat license. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023) C. Whenever a veterinarian inoculates an animal for rabies the veterinarian shall complete a rabies vaccination report which shall be forwarded to the police department, or it's designee. The report shall contain the following information: The name. age. sex and a Page 400 of 404 general description of the animal; the current vaccination date and revaccination date; the vaccination tag number assigned to the animal; the name and address of the animal's owner or custodian. 5-1A-5: LICENSE TAGS: A. Required: The police department, or it's designee city clerk, Animal Control officers and Humane Socicty shall, upon receipt of application, payment of license fee and proof of rabies vaccination, provide to the applicant a license which shall be in the form of a metal tag. B. Use Of License Tag: Said license tag shall be attached by the owner of a dog or cat to a substantial collar or harness and during the term of license shall be at all times kept on the dog or cat for which the license is issued. On the expiration of the license, the owner shall remove said tag from the dog or cat. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023) Page 401 of 404 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY REPEALING SECTIONS 2, 3, 4 AND 5, OF SECTION 1A, DOGS AND CATS, OF CHAPTER 5, ANIMAL CONTROL, TITLE 5, POLICE REGULATIONS, AND ENACTING IN LIEU THEREOF NEW SECTIONS 2, 3 , 4 AND 5 OF SECTION 1A , DOGS AND CATS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That Sections 2,3,4 and 5, of Section 1A, Dogs and Cats, are hereby repealed and new Sections 2,3,4 and 5, of Section 1A, Dogs and Cats, are enacted in lieu thereof as follows: 5-1A-2: LICENSES REQUIRED: A. Annual License: The owner of all dogs and cats six (6) months old or older, whether service animals or otherwise, shall annually obtain a license therefor as hereinafter provided. B. Application By Owner: The owner of a dog or cat, for which a license is required, shall apply to the police department , or it's designee for a license for each dog or cat owned by said owner. Such application or license may be made after the expiration of any current license, and within thirty (30) days after a dog or cat which comes into the possession or ownership of the applicant, or which has reached the age of six (6) months . C. Form Of Application: Applications shall be in a form provided by the police department , or it's designee , and shall state the breed, sex, age, color, markings and name, if any, of the dog or cat, and the address of the owner and be signed by said owner. Such application shall also state the date of the most recent rabies vaccination, the type of vaccine administered and the date the dog or cat shall be revaccinated. D. License Fees: 1. The annual license fee for each dog or cat shall be determined from time to time by resolution of the city council. Fees shall be paid when the application is submitted. . 2. Duplicate licenses shall be issued at a cost determined from time to time by resolution of the city council. 3. The owner of all dogs or cats six (6) months old or older must comply with all the provisions of this article, including, but not limited to, the obtaining of rabies vaccination and license tag. A written certificate from a licensed veterinarian shall be required to prove that a dog or cat is incapable of breeding and has been vaccinated for rabies. E. Term Of License: All licenses shall expire one year following the date of issuance, and a license tag issued for one dog or cat shall not be transferable to another dog or cat. F. Transfer Or Change Of Ownership: When the permanent ownership of a dog or cat is transferred, the license for the same may be transferred by the police department by the notation on the license record giving name and address of the new owner. G. Implied Consent: The application for and the receipt of a license as required herein shall include an implied consent by the owner to permit an inspection of both real and personal property under his control for the purpose of carrying out the provisions of this article, including inspection for cruelty to animals or an inspection of sanitary conditions. H. Delinquent Licenses: All license fees for dogs or cats become delinquent thirty (30) days after they are due and payable, and a penalty shall be added to each unpaid license on or after said date in an amount determined from time to time by resolution of the city council. . Delinquent penalties may be waived upon a finding of good cause by the police department. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023) 5-1A-3: EXCEPTIONS TO LICENSE REQUIREMENTS: Page 402 of 404 Ordinance No. Page 2 The foregoing requirements for licenses for dogs or cats shall not apply to dogs or cats that are under the control of the owners or handlers while in transit or to be exhibited or to nonresidents of the city if they are in the state for less than thirty (30) days or which are assigned to a research institution or like facility. The license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid state license for said dogs or cats. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023) 5-1A-4: RABIES VACCINATION REQUIRED: A. Required: Every owner of a dog or cat shall obtain a rabies vaccination for such animal. It shall be unlawful for any person to own or have a dog in his possession six (6) months of age or over which has not been vaccinated against rabies. B. Type Of Vaccine: The rabies vaccination required by subsection A of this section shall be an injection of anti -rabies vaccine approved by the Iowa state department of agriculture, and the frequency of revaccination necessary for approved vaccination shall be as established by subject department. The vaccine shall be administered by a licensed veterinarian and shall be given as approved by the Iowa state department of agriculture. Evidence of said rabies vaccination shall be a certificate of vaccination signed by a licensed veterinarian, and the certificate shall show that the vaccination does not expire within six (6) months from the effective date of the dog or cat license. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023) C. Whenever a veterinarian inoculates an animal for rabies the veterinarian shall complete a rabies vaccination report which shall be forwarded to the police department, or it's designee. The report shall contain the following information: The name, age, sex and a general description of the animal; the current vaccination date and revaccination date; the vaccination tag number assigned to the animal; the name and address of the animal's owner or custodian. 5-1A-5: LICENSE TAGS: A. Required: The police department, or it's designee shall, upon receipt of application, payment of license fee and proof of rabies vaccination, provide to the applicant a license which shall be in the form of a metal tag. B. Use Of License Tag: Said license tag shall be attached by the owner of a dog or cat to a substantial collar or harness and during the term of license shall be at all times kept on the dog or cat for which the license is issued. On the expiration of the license, the owner shall remove said tag from the dog or cat. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023) Section 2. If any section, provision or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. INTRODUCED: , 2024 PASSED 1st CONSIDERATION: , 2024 PASSED 2nd CONSIDERATION: , 2024 PASSED 3rd CONSIDERATION: , 2024 PASSED AND ADOPTED this day of , 2024. Quentin Hart, Mayor ATTEST: Page 403 of 404 Ordinance No. Page 3 Kelley Felchle City Clerk Page 404 of 404