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Council Packet - 3/17/2025
CITY OF �4iLTERLOO IOWA THECITY COUNCIL OF WATERLOO, IOWA Regular Session TO BE HELD AT Harold E. Getty Council Chambers Monday, March 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 549 name, address, and group affiliation, if appropriate, and speak clearly into the microphone. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes During the public comment section of the agenda. The public shall not be required to pre -register to speak during public comment. Individuals shall only speak on matters not listed on the regular agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by four o'clock (4:00) P.M. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence. Pledge of Allegiance, Nia Wilder, Ward 3 Council Member. Approval of Agenda, as proposed or amended. Approval of Minutes of the March 3, 2025, Regular Session and March 3, 2025, Work Session as proposed or amended. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. Page 2 of 549 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 award of hotel/motel tax council discretionary funds to the Waterloo Municipal Band in the amount of $23,000.00. 3. Resolution approving award of hotel/motel tax council discretionary funds to the Boys & Girls Club of the Cedar Valley in the amount of $10,900.00. 4. Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as April 17, 2025, and date of public hearing as April 21, 2025, rescinding Resolution 2025-126 in its entirety, in conjunction with the Passenger Boarding Bridge Replacement Project, No. FAA AIP 3-19-0094-057, and direct the City Clerk to publish notice. 5. Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as April 17, 2025, and date of public hearing as April 21, 2025, rescinding Resolution No. 2025-127 in its entirety, in conjunction with the Runway 18-36 Rehabilitation within Runway 12-30 Safety Area Project, No. FAA AIP 3-19-0094-0XX, and direct the City Clerk to publish notice. 6. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 27, 2025, and date of public hearing as April 7, 2025, in conjunction with Asbestos Abatement Services, Contract AB-2025-03-03P, and instruct the City Clerk to publish notice. 7. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 3, 2025, and date of public hearing as April 7, 2025, in conjunction with the FY 2026 Levee Rip Rap Spraying, Contract No. 1120, and instruct the City Clerk to publish notice. 8. Motion to approve Change Order No. 3 with Boulder Contracting, LLC, of Grundy Center, Iowa, for a net increase of $8,030.50, in conjunction with Waterloo Convention Center Parking Ramp Repairs, and authorizing the Mayor and City Clerk to execute said document. 9. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Boulder Contracting LLC, of Grundy Center, Iowa, and release of final retainage in the amount of $9,351.95, in conjunction with the Waterloo Convention Center Parking Ramp Repairs Project. 10. Resolution approving Completion of Project and Recommendation of Acceptance of Work Page 3 of 549 for work performed by Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $1,840,622.31, in conjunction with the FY 2022 Sullivan Brothers Plaza Renovation, Contract No. 1069, and receive and file a two-year maintenance bond. 11. Motion approving appointment of Sheila Combs to the position of Airport Business Manager in the Airport Department, effective March 18, 2025. 12. Motion to approve the appointment of Travis Miller from the current Civil Service List to the position of Plant Maintenance Mechanic in the Waste Management Services Dept, effective March 31, 2025. 13. Matthew Chapman, Board/Commission: Board of Electrical Examiners and Appeals, Expiration Date: November 10, 2026, [renewal]. 14. Mark Myers, Board/Commission: Board of Electrical Examiners and Appeals, Expiration Date: September 24, 2027, [renewal]. 15. Samir Sarkic, Board/Commission: Board of Electrical Examiners and Appeals, Expiration Date: September 24, 2027, [renewal]. 16. Richard Mott Jr, Board/Commission: Board of Electrical Examiners and Appeals, Expiration Date: November 10, 2026, [renewal]. 17. Ryan Vestal, Board/Commission: Board of Electrical Examiners and Appeals, Expiration Date: November 1, 2026, [renewal]. 18. Motion to approve an Exception to Burning Yard Waste Application by Waterloo Schools- Zach Kelly, to burn approximately 1.6 acres of prairie on school property, located at 812 Idaho Street, 9:00 a.m., between April and May 2025, weather permitting. 19. Motion to receive and file Airport Board minutes of January 22, 2025. 20. Motion to receive and file Leisure Services Commission Board minutes of January 7, 2025. 21. Liquor Licenses a. Amigo Mexican Restaurant, 1415 East San Marnan Drive, Class C w/Outdoor Service and Sunday Sales (New) Exp: 03/04/2026. b. Ariz's Restaurant & More, 205 West 4th Street, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 03/07/2026. c. Family Dollar Store, 1608 University Avenue, Class B w/Sunday Sales (Renewal) Exp: 03/07/2026. d. Grout Museum, Inc., 503 South Street, Class C w/Sunday Sales (Renewal) Exp: 02/23/2026. e. Hy-Vee Market Food Store 1, 2834 Ansborough Avenue, Class E w/Sunday Sales (Renewal) Exp: 03/15/2026. f. Red Carpet Golf, 5570 Washington Street, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 04/04/2026. 22. Cigarette/Tobacco/Nicotine/Vapor Device Permit Page 4 of 549 a. Smoke O's, 1509 Flammang Drive. b. Iowa RA Plus, LLC, 3620 Kimball Avenue. c. West Side Convenience, 919 W. 5th Street. PUBLIC HEARINGS 1. General Obligation Bonds - ECP-1 -The issuance of not to exceed $4,200,000.00 General Obligation Bonds for essential corporate purposes. 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 on the proposition of the issuance of not to exceed $4,200,000.00 General Obligation Bonds, for Essential Corporate Purposes. Submitted by: Bridgett Wood, Finance Director 2. General Obligation Bonds - GCP-2 - The issuance of not to exceed $700,000.00 General Obligation Bonds for general corporate purposes. 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 on the proposition of the issuance of not to exceed $700,000.00 General Obligation Bonds, for General Corporate Purposes. Submitted by: Bridgett Wood, Finance Director 3. General Obligation Bonds - GCP-3 - The issuance of not to exceed $900,000.00 General Obligation Bonds for general corporate purposes. 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 on the proposition of the issuance of not to exceed $900,000.00 General Obligation Bonds, for General Corporate Purposes. Submitted by: Bridgett Wood, Finance Director 4. General Obligation Bonds - GCP-4 - The issuance of not to exceed $600,000.00 General Obligation Bonds for general corporate purposes. 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 on the proposition of the issuance of not to exceed $600,000.00 General Obligation Bonds, for General Corporate Purposes. Submitted by: Bridgett Wood, Finance Director 5. FY 2024 Consolidated Annual Performance and Evaluation Report (CAPER). 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. Page 5 of 549 Resolution approving the FY 2024 Consolidated Annual Performance and Evaluation Report (CAPER) for CDBG and HOME program activities, for the period of July 1, 2023, to June 30, 2024, and submission to the U.S. Department of Housing and Urban Development. Submitted by: Rudy Jones, Community Development Director 6. Sale and conveyance of 406 Randall Street located within the Church Row Neighborhood. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the Sale and conveyance of City -owned property located at 406 Randall Street, to Iowa Heartland Habitat for Humanity, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity, with a grant of $5,000.00 for infill housing development for the addition of a new single- family home at 406 Randall Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 7. FY 2025 Asphalt Overlay Program, Contract No. 1115. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution approving award of bid to Aspro, Inc., of Waterloo, Iowa, in the amount of $4,908,656.32, approving the contract, bond and certificate of insurance, in conjunction with the FY 2025 Asphalt Overlay Program, Contract No. 1115, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 8. FY 2025 E./W. San Marnan Drive Reconstrution Project, Contract No. 1116. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution approving award of bid to Cedar Valley Corp., LLC, of Waterloo, Iowa, in the amount of $4,616,849.97, approving the contract, bond and certificate of insurance, in conjunction with the FY 2025 E./W. San Marnan Drive Reconstruction Project, Contract No. 1116, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 9. FY 2025 Asphalt Reconstruction Project, Contract No. 1117. Page 6 of 549 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution approving award of bid to Aspro, Inc., of Waterloo, Iowa, in the amount of $1,412,835.16, approving the contract, bond and certificate of insurance, in conjunction with the FY 2025 Asphalt Reconstruction Project, Contract No. 1117, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer RESOLUTIONS 1. Resolution authorizing the issuance of General Obligation Bonds, Series 2025, and levying a tax for the payment thereof. Submitted by: Bridgett Wood, Finance Director 2. Resolution approving construction plans for sanitary sewer serving the Dollar General Store at 4803 Sergeant Road, as submitted by Verland Engineering, LLC, Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. Submitted by: Jamie Knutson, City Engineer 3. Resolution approving a Professional Services Agreement with Foth Infrastructure and Environment, LLC, in the amount of $260,378.00, in conjunction with the FY 2026 Katoski Drive and Huntington Road Reconstruction, Contract No. 1123, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 4. Resolution approving Supplemental Agreement No. 8 with Stanley Consultants, Inc., of Des Moines, Iowa, in the amount of $153,225.00, in conjunction with the FY 2022 11th Street and Park Avenue Bridge Replacements Project, Contract No. 1013, and authorizing the Mayor to execute said document. Submitted by: Wayne Castle, PLS, PE, Assistant City Engineer 5. Resolution approving a Farm Lease Agreement, expiring December 31, 2025, with Renee Lupkes, to farm approximately nineteen acres of land for hay baling in the amount of $200.00, located west of 4862 West 4th Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 6. Resolution approving a Supplemental Agreement No. 2 with AECOM Technical Services, Inc. of Waterloo, Iowa, in the amount of $49,200.00, in conjunction with the Titus Lift Station and Force Main Project, and authorizing the Mayor to execute said document. Page 7 of 549 Submitted by: Randy Bennett, Public Works Division Manager 7. Resolution approving a Professional Services Agreement with Eocene Environmental Group, Inc., for an amount not to exceed $3,200.00, to perform a Phase I Environmental Site Assessment on land located approximately 1/4 of a mile west of 4634 Kimball Avenue, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 8. Resolution approving a contract amendment between the Iowa Economic Development Authority, Hydrite Chemical Co. and the City of Waterloo to amend project completion dates of the High Quality Jobs Program Application, and authorize the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 9. Resolution approving an amendment to the Professional Services Agreement with Invision Architecture, LLC of Waterloo, Iowa, in the amount of $442,700.00 (previously approved for $420,000.00) to perform a structural analysis of 100 E. 4th Street as part of the renovation and relocation of City Hall, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 10. Resolution approving an agreement with Kirk Gross Company of Waterloo, Iowa, in the amount of $47,000.00 for furniture design, inventory, and bid documents for the renovation and relocation of Waterloo City Hall to 100 E. 4th Street, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 11. Resolution approving a Professional Services Agreement with Align Architecture and Planning, Pa Studio of PRA, of Waterloo, Iowa, in the amount of $225,000.00, for design work for a new Police Training Facility, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director ORDINANCES 1. An ordinance amending the City of Waterloo Traffic Code by repealing and replacing Parking Meters, and Parking Ramps Sections 320 to 353. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Traffic Code by repealing and replacing Parking Meters, and Parking Ramps Sections 320 to 353, in their entirety and enacting in lieu thereof a new Parking Meters, and Parking Ramps Sections 320 to 353. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Mohammad Elahi, Traffic Operations Director OTHER COUNCIL BUSINESS Page 8 of 549 Resolution adopting one free hour of parking for both on -street and parking ramps, the rate of $1.00 per hour for on -street parking and parking ramps after the one -hour free parking, a rate of $2.00 per hour for on -street parking after four hours, and a cap of $6.00 per day in the parking ramps, effective May 1, 2025. ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 9 of 549 March 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, March 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, Waterloo Boy Scouts Pack #3025. Approval of Agenda as proposed or amended. Feuss/Wilder that the agenda as proposed be approved. Voice vote -Ayes: Seven. Motion carried. Approval of Minutes of the February 6, 2025, Special Council Session and the February 17, 2025, Regular Council Session as proposed or amended. Feuss/Wilder that the minutes of February 6, 2025, Regular Council Session, as proposed, be approved. Voice vote -Ayes: Seven. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Aaron Stacey Roberts, 411 Almond St. Nick Wertz, Director of Immigrant Refugees at LSI in Waterloo, 3640 University Ave Erin Good, 3640 University Avenue, Lutheran Services in Iowa Mary Potter, Grout Museum Trustee and Water Works Trustee David Sturch, 534 Glencoe Ave., and General Manager, MET Transit Sam Blatt, Lafayette Street Ms. Creighton -Smith commented that she wanted constituents to know that her heart is heavy and that she never thought that repealing protections would happen in the State of Iowa. She further commented that we are a nation of immigrants and that she is concerned that refugees are being denied protection and access to our country. Ms. Wilder questioned what the city can do on the local level to let people know that they are valued. Mayor Hart commented that it is important that we lead by example. We will continue to support many different activities and events for a wide range of diversities and influence. We can also Page 1 of 12 Page 10 of 549 continue to work with our state and federal legislature. Mr. Boesen commented that he wanted to recognize the passing of Mike Allen. He had the privilege of attending QPR training sponsored by the Youth City Council, which was for suicide awareness. He said it was excellent training and encouraged people to take part if they have the opportunity. Mayor Hart added to Mr. Boesen's comments regarding Mike Allen, sharing that he has known him all of his life and has stayed in touch all these years. He shared that in addition to the loss of Mike Allen, we also lost Curly Hultman, who was a Major General, and Waterloo East graduate. Mayor Hart provided details on Curly's services. Feuss/Wilder to close public comments. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Feuss/Wilder that the following items on the consent agenda be received and placed on file, including the payment of bills for February 24, 2025, in the amount of $5,489,992.55, and March 3, 2025, in the amount of $1,221,276.62, 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. 2025-120. Resolution approving the award of hotel/motel tax council discretionary funds to the Waterloo Urban Farmers Market in the amount of $15,000.00. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-121. Resolution setting date of the proposed levy public hearing as April 7, 2025, at 4:30 p.m. to approve the proposed levy rates as required by the state, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-122. Resolution setting date of public hearing as March 17, 2025, to receive public comments on the CAPER (Consolidated Annual Performance Report), and direct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-123. Resolution setting date of public hearing as April 7, 2025, to hear public comment and approval of the proposed funding recommendations set forth by the Waterloo Housing Authority on the proposed 5-year Annual plan, the 2025 Administrative Plan, and the 2025-2029 ACOP Plan, and directing the City Clerk to publish notice. Page 2 of 12 Page 11 of 549 Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-124. Resolution setting date of public hearing as March 17, 2025, for approval of a Development Agreement with Iowa Heartland Habitat for Humanity, in conjunction with the sale and conveyance of 406 Randall Street located within the Church Row Neighborhood, with a grant of $5,000.00 for infill housing development for the addition of a new single-family home, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-125. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 27, 2025, and date of public hearing as April 7, 2025, in conjunction with the Passenger Boarding Bridge Project, FAA AIP 3-19-0094-057-2025, and direct City the Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-126. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 27, 2025, and date of public hearing as April 7, 2025, in conjunction with the Runway 18-36 Rehabilitation Within the Runway 12-30 Safety Area Project, FAA AIP 3-19- 0094-0XX-2025, and direct the City Clerk to publish said notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-127. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 27, 2025, and date of public hearing as April 7, 2025, in conjunction with providing Janitorial Services at the Waterloo Regional Airport, and direct the City Clerk to publish said notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-128. Resolution approving award of bid to Cahoy Pump Service, Inc., of Sumner, Iowa, in the amount of $349,931.00, approving the contract, bond and certificate of insurance, in conjunction with the FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well, Contract No. 1066, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-129. Communication from the Street Department on the notice of the conclusion of employment of Timothy Steimel, Equipment Operator II, effective January 31, 2025 with recommendation of approval of payout of $1,745.25 for unused benefits. Communication from the Fire Department on the notice of the conclusion of employment of Doug Dahlhauser, Fire Lieutenant, effective January 30, 2025 with recommendation of approval of payout of $13,600.95 for unused benefits. Page 3 of 12 Page 12 of 549 Communication from the Leisure Services Department on the notice of the conclusion of employment of Ronald Willis, Golf Maintenance II, effective January 31, 2025 with recommendation of approval of payout of $3,321.01 for unused benefits. Liquor Licenses a. Buzz's Bar, 1016 Maynard Avenue, Class C w/Sunday Sales (Renewal) Exp:03/14/2026. b. Cedar Valley Fish Market, 218 Division Street, Class C w/Sunday Sales (Renewal) Exp:01 /25/2026. c. Crossroads Cinema, 2450 Crossroads Boulevard, Class C w/Sunday Sales (Renewal) Exp: 03/14/2026. d. El Patron Family Mexican Restaurant, 301 E. 4th Street, Class C w/Outdoor Service/Sunday Sales (Renewal) Exp: 02/28/2026. e. Jim Lind Service, 230 E. Ridgeway Avenue, Class B w/Sunday Sales (Renewal) Exp: 04/07/2026. f. King Star, 2035 Mitchell Avenue, Class B w Sunday Sales, (Renewal) Exp: 01/19/2026. g. Laid Back Social Club, 501 Independence Avenue, Class C w/Sunday Sales (Renewal) Exp: 02/21/2026. h. Local Bar Hop, 708 Jefferson Street, Class C w/Outdoor Service/Sunday Sales (Renewal) Exp: 02/21/2026. i. National Cattle Congress, 250 Ansborough Avenue, Class C w/Outdoor Service/Catering/Sunday Sales (Renewal) Exp: 02/28/2026. j. Waterloo Bucks, 850 Park Road, Class C w/Outdoor Service/Sunday Sales (Renewal) Exp: 11 /01 /2025. Cigarette/Tobacco/Nicotine/Vapor Permits a. New Star, 315 Fletcher Avenue. b. Express Mart, 2027 Falls Avenue. Jeremy Kruth, Board/Commission: Leisure Services, Expiration Date: March 3, 2028, [New]. Ellen Vanderloo, Board/Commission: Leisure Services, Expiration Date: March 3, 2028, (Renewal]. Sandie Greco, Board/Commission: Cultural and Arts Commission, Expiration Date: March 3, 2028, [Renewal]. Ras Smith, Board/Commission: Board of Adjustment, Expiration Date: March 3, 2030, fNewl. Page 4 of 12 Page 13 of 549 PUBLIC HEARINGS Sale and conveyance of City -owned property, a portion of Miriams Park, located east of 3843 Sager Avenue, to Waterloo Schools. 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. Kate Payne, Invision Architecture, shared that the request to transfer the property was driven by the expansion of the Waterloo High School project, and the drive that will go through Miriams Park is limited to buses only. Dennis Juhl, 3905 Sager Avenue, commented that much of this is to help to decongest traffic on Katoski Drive, Progress, and Sager Avenue. He further questioned if the housing developments on the edge of Cedar Falls where the communities meet have been taken into consideration to the traffic flow in this area. Mary Jo Juhl, 3905 Sager Avenue, commented on the need for green space for children and that the proposed roadway will be just a few feet from where families gather and children play. She asked the council to consider the safety of the children. Lori Wright, 4009 Mark Drive, commented on the importance of the park to the neighborhood and questioned the efficiency and safety of putting in a road. Jared Smith, 335 Cedar Street, Waterloo Community School Superintendent, commented that he appreciates the perspectives of the neighbors and the neighborhood and shared that they have explored all possible options and there is not another viable option for where those buses could go to pick up the students. He provided additional clarifying comments regarding the limited hours of operation of the controlled bus roadway. Kate Payne, Invision Architecture, commented on the traffic studies that were conducted and noted that the studies were based on the number of cars the new school would generate and not the increased traffic from future development. Connie Rummel, 4039 Sager, questioned where a parking lot would be located if a soccer field goes in. She shared that the neighbors want to see in writing that it will stay a green space after the project is completed, like they were told. She also asked for a crosswalk placed at the new roadway. Kate Payne commented that there will be a soccer field, but no additional parking will be added. Soccer event parking will be the same as is used for football games. Mayor Hart noted for the record that there are comments and a petition on file. Feuss/Nichols Page 5 of 12 Page 14 of 549 to close hearing and receive and file oral and written comments. Voice vote -Ayes: Seven. Motion carried. Feuss/Nichols Resolution authorizing 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, with the retention of an access easement and utility easement as shown on the Plat of Survey, subject to the land being deeded to Waterloo Schools for continued use as open space, as well as use for an injection well for cooling system of the adjacent school building, and new controlled - access roadway for the new high school, with any future changes to these restrictions requiring Waterloo City Council approval after request by the Waterloo Community Schools, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Six. Nays: One (Simon). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-130. Jamie Knutson, City Engineer, shared that if the schools plan to do anything different with the site, they would have to come back to the city for review. They would potentially have to look at undergrounding the storm water, which will be very expensive. He addressed the traffic study was reviewed by himself and Traffic Engineer, Mohammad Elahi. The school made changes based on the city's comments. Mr. Chiles thanked everyone for working to have dialogue and compromise. He questioned where the soccer field would be placed. Kate Payne shared that the soccer field is planned on current school property. Mr. Chiles commented on other compromises the school has made to address neighborhood concerns. Mayor Hart reiterated that the road is controlled access for school buses only and this was in response to concerns presented. Mr. Chiles provided comments as to why the school could not use the property on the south side of the school for bus access. Mr. Boesen questioned if buses would be utilized for summer school as he has seen buses in the West High parking lot during the summer. Zach Kelley, Director of Operations for Waterloo School District, commented that summer school had not been discussed but that it is likely that bus traffic would be less during summer school and therefore Huntington or Katoski could be utilized. Mr. Boesen questioned if permanent lights would be installed at Progress and Sager. Jamie Knutson shared that he would have to discuss that with Randy Bennett as it was not part of the discussion. Mr. Boesen questioned if the city would have enough time to complete the various projects we must get done prior to the opening of the school and whether there is a plan to put a round about at the intersection of Greenhill and Katoski. Page 6 of 12 Page 15 of 549 Jamie Knutson shared that he would be hiring a consultant for traffic design and would be looking at all options, including a roundabout. He further shared that the goal is to begin construction next spring and have everything completed before the school opens. Mr. Boesen questioned if we have funding in place. Jamie Knutson provided information on project funding. Mr. Feuss commented that he lives one block from West High and understands the traffic concerns. However, this conversation is about a road for fourteen buses to have access to get in and out as safely as possible. Mayor Hart commented that he would communicate with Mayor Laudick regarding the serious need to look at traffic. Mr. Simon commented that he sees a lot of issues coming in the future with the school moving to this location. He is not in favor of destroying a park that was donated. He stated that he is in favor of the new school but that he does not believe that this is well -thought-out. Ms. Wilder questioned if the neighbors would feel more at ease with the road coming in if there is a written agreement that the remaining space will stay green space. Mr. Chiles commented that the park space will remain green space. 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. Nichols/Boesen 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 affirming previous determination of an area of the City to be an area of slum and blight and an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-131. Mr. Boesen questioned how it was determined that the MidPort site was determined that it was slum and blight. Noel Anderson, Community Planning and Development Director, explained that the TIF district Page 7 of 12 Page 16 of 549 was adopted over twenty years ago, and provided information on particular homes and empty buildings that led to the decision. Mr. Boesen commented that it is his understanding that this is a non -expiring TIF. Noel Anderson confirmed. Mr. Boesen questioned what is considered a good trade-off for city investment - to jobs, financially. Noel Anderson explained that they don't normally look at the specifics of jobs in development agreements, rather the property tax base and what the repayment is. Sale and conveyance of city -owned property located at 1651 Sycamore Street. Boesen/Feuss to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Forest Dillavou, 1725 Huntington Road, commented that the developers are getting rich off of the taxpayers. Eric Poe, 1656 Sycamore Street, Crystal Distribution, shared that they are looking to invest in the neighborhood by putting the former church back onto the tax roll and potentially putting a daycare facility there for the betterment of that neighborhood. Boesen/Feuss to close hearing and receive and file oral comments. Voice vote -Ayes: Seven. Motion carried. Boesen/Feuss Resolution authorizing the sale and conveyance of city -owned property located at 1651 Sycamore Street, in the amount of $1.00 to Crystal Distribution Services, Inc., 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. 2025-132. Mr. Boesen questioned where the 5,000-square-foot addition would go, if there would be adequate parking and if current zoning would allow for a daycare facility. Eric Poe commented that it would go on the west side of the building and that he believed that there is adequate parking. Noel Anderson, Community Planning and Development Director, confirmed that the zoning would allow for a daycare facility. Mr. Chiles questioned when the work would begin. Eric Poe shared their current plan. Page 8 of 12 Page 17 of 549 Boesen/Feuss Resolution approving a Development Agreement with Crystal Distribution Services, Inc., with a Minimum Assessment Agreement of $659,060.00 for the rehabilitation of the existing building, and construction of a 5,000-square-foot maintenance shop, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-133. FY2025 CIP Pipelining Phase V, Contract No. 1118. Creighton-Smith/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. Creighton-Smith/Nichols to close the hearing. Voice vote -Ayes: Seven. Motion carried. Creighton-Smith/Nichols Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-134. Creighton-Smith/Nichols to receive, file, and instruct the City Clerk to read the bids. Voice vote -Ayes: Seven. Motion carried. Engineer's Estimate: Base Bid: $1,023,489.20 - Alt 1: $148,253.75 - Alt 2: $126,367.38 Insituform Technologies USA, LLC - Chesterfield, MO - 5% - Base: $1,425,239.41 - Alt 1: $159,972.70 - Alt 2: $156,352.00 National Power Rodding, Chicago, IL - 5% - Base: $1,330,109.70 - Alt 1: $192,066.50 - Alt 2: $164,670.75 Hydro-Klean, LLC, Des Moines, IA - 5% - Base: $913,987.03 - Alt 1: $128,166.65 - Alt 2: $108,519.75 Municipal Pipe Tool, Hudson, IA - 5% - Base: $839,160.75 - Alt 1: $142,325.75 - Alt 2: $120,432.25 Creighton-Smith/Nichols Resolution approving award of bid to Municipal Pipe Tool Co., LLC of Hudson, Iowa in the amount of $981,486.50, approving the contract, bonds, and certificate of insurance, in conjunction with the FY2025 CIP Pipelining Phase V, Contract No. 1118, 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. 2025-135. RESOLUTIONS Page 9 of 12 Page 18 of 549 Resolution approving a Purchase Agreement with KnowBe4, Inc., in the amount of $31,414.50, for three years of security awareness and compliance training software and support, and authorizing the Mayor to execute said document. Nichols/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2025-136. Resolution approving an amendment to the Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $438,900.00 (previously approved for $425,900.00), in conjunction with the Rehabilitate Runway 18/36 Design, and authorizing the Mayor and City Clerk to execute said document. Nichols/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2025-137. Resolution approving a contract with Black Hawk Sprinklers, Inc., of Waterloo, Iowa, in the amount of $27,430.00, in conjunction with the server room dry foam sprinkler system, and authorizing the Mayor to execute said document. Nichols/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2025-138. Mr. Boesen requested clarification on the item. Chris Youngblut, IT Director, shared that the move to dry foam as opposed to traditional sprinklers is due to the large amount of data center technology in the facility. Resolution approving Addendum No. 3 to the EN Communications Contract with EN Engineering, LLC of Warrenville, Illinois, in the amount of $459,592.00 plus $4,000.00 per month for inspectors' travel expenses, in conjunction with the EN Communications Contract - City of Waterloo Iowa - Project Management, Construction Management, Construction Inspection and Engineering Support Services 2025, and authorizing the Mayor to execute said document. Feuss/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2025-139. Resolution approving a Development Agreement with Crystal Distribution Services, Inc., with a Minimum Assessment Agreement of $24,538,570.00, seventy percent property tax rebates for fifteen years, and a $137,000.00 economic development grant, for the construction of a 42,000 square foot expansion, located at 1650 Sycamore Street, and authorizing the Mayor and City Clerk to execute said document. Feuss/Wilder Roll Call vote -Ayes: Five. Nays: Two (Boesen and Simon). Motion carried. Resolution adopted and upon approval by Mayor assigned No.2025-140. Mr. Boesen questioned how the tax rebates were decided. Page 10 of 12 Page 19 of 549 Noel Anderson, Community Planning and Development Director, explained that the incentives are based on project size. Mr. Boesen shared his concerns surrounding this project. Request by A&D Auto Sales, LLC for an appeal of the City Engineer to allow automobiles to be parked in the city -owned right-of-way, located between the street and property line of 721-727 Birmingham Avenue in the "M-1" Light Industrial District. Feuss/Wilder Roll Call vote -Nays: Seven. Motion failed. Resolution No.2025-141. Mr. Nichols requested an overview of the item. Jamie Knutson, City Engineer, provided an overview of the item. Resolution approving Supplemental Agreement No. 3 with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $199,700.00, in conjunction with the FY 2023 Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Project, Contract No. 1062, and authorizing the Mayor to execute said document. Boesen/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2025-142. Mr. Boesen questioned if the agreement also includes the engineering to re-route the sanitary sewer. Jamie Knutson, City Engineer, confirmed. Resolution approving_ a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, in the amount not to exceed $41,000.00 in conjunction with the FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well, Contract No. 1066, and authorizing the Mayor and City Clerk to execute said document. Boesen/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2025-143. Resolution approving an Construction Agreement with the Iowa Department of Transportation, in conjunction with the FY2023 Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Project,Contract No. 1062, and authorizing the Mayor and City Clerk to execute said document. Boesen/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2025-144. ADJOURNMENT Feuss/Boesen Page 11 of 12 Page 20 of 549 that the council adjourn at 7:22 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 12 of 12 Page 21 of 549 March 3, 2025 COUNCIL WORK SESSION Harold E. Getty Council Chambers 4:15 p.m. Roll Call. Members present: Mayor Quentin Hart in the Chair. Mr. Boesen, Mr. Nichols, Mr. Simon and Mr. Feuss. Ms. Wilder arrived at 4:22 p.m., Ms. Creighton -Smith arrived at 4:40 p.m. and Mr. Chiles were absent. Agenda, as proposed or amended. Boesen/Nichols that the agenda as proposed be approved. Voice vote -Ayes: Four. Motion carried. Approval of Minutes of the February 17, 2025, as proposed or amended. that the minutes of February 17, 2025 as proposed, be approved. Voice vote -Ayes: Four. Motion carried. Discussion of FY2026 budget. Bridgett Wood, Finance Director, gave a presentation on the FY2026 proposed levy rates. She explained that the proposed rates are preliminary only and will continue to be reviewed for opportunities to reduce expenses and increase revenue within each department prior to the second meeting in April 2025 when the budget will be certified. She shared a link to access the newly created Budget Simulator and noted that it would be added to the city's website so that anyone could submit suggestions for expense reductions and revenue ideas and provided an overview of how the simulator works. Bridgett Wood discussed the proposed levy rates with the council members and Mayor Hart. ADJOURNMENT Feuss/Boesen that the council adjourn at 4:45 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 1 of 1 Page 22 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Finance Department March 17, 2025 AGENDA ITEM TITLE Resolution approving award of hotel/motel tax council discretionary funds to the Waterloo Municipal Band in the amount of $23,000.00. 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. HMT Application - Municipal Band 2. Municipal Band W-9 Page 23 of 549 } CITY OF�r' l ,' ,tt TERLO 0 Community of Opportunity Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Municipal Band Name of facility/project Waterloo Municipal Band concert series Contact person Julie Anderson Email jannra56@gmail.com Address of organization or person completing application: Street 4308 Granite Ridge Road City Cedar Falls State IA Zip 50613 Phone 319-239-3686 Fax: Page 24 of 549 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. h) Please be specific how the grant monies will be used in the overall project. The Waterloo Municipal Band presents a series of free outdoor band concerts each week in June and July at the Waterloo RiverLoop Amphitheater. (In case of inclement weather conerts are held inside at the Waterloo Center for the Arts.) Our organization includes 48 musicians and a conductor/music director. Our one hour concerts include classic band literature, pop and broadway selections, marches, guest artists from the Cedar Valley that celebrate our culture and heritage. Our tentative schedule for 2025 is: June 5 - Concert Series Opener/ My Waterloo Days June 12 - Flag Retirement Ceremony with the American Legion June 18 - (Wednesday concert due to Juneteenth holiday) June 26 - Sturgis Falls connections July 3 - Patriotic Tribute July 10 - TBA July 17 - Iowa Trombones July 26 - Irish Fest/Ragbrai tributes The monies that we recieve from the city will be used for: musician compensation conductor compensation instrument repair and needs music rental for office space at Waterloo Center for the Arts set-up and take down for rehearsals and concerts website mangement tootsie pops for audience members photographer and videographer services accounting services membership to Concert Bands of America uniforms (polo shirts) office supplies Page 25 of 549 3. What is the mission of your organization? The Waterloo Municipal Band celebrates the tradition of community bands by engaging local musicians to present a series of free outdoor performaces within Waterloo, Iowa. 4. How long has your organization been in existence? Our organization has been in existence for 99 years. It began in 1926. 5. How many staff members and/or volunteers are involved in this organization and the project? Our organization includes 48 band members, conductor, band manager, music librarians and 11 board members, videographer, and photographer. Our concerts are video taped and available on youtube and broadcast on local cable channels. 6. Please indicate all the catenaries that your projects supports: Category 1 — Supports tourism and heads on beds Category 2 --- Supports and assists community events Category 3 — Brings people downtown Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. Through its efforts the Waterloo Municipal Band -promotes appreciation for band music among a diverse public - provides opportunities for professional musicians to perform locally - supports businesses in the downtown area during concert series -supports quality of life by providing entertaining and educational music programs; - encourages a sense of community and civic pride. The Waterloo Municipal Band is committed to enhance the life of our community through our outdoor concert series. Our project promotes the arts in our community by providing an annual series of free outdoor public band performances. We invite guest artiests within our community to perform. We connect with other organizations - i.e. Waterloo Legion, Iowa Trombones, Cedar Falls Symphony, Iowa Irish Fest, Cedar Fails Municipal Band, etc. Page 26 of 549 8. If your project has or will continue for more than one year, please explain your plans for financial sustaioability Because the concerts are free for all audience members, no money is generated. We do solicit a small amount of donations at each of our concerts. In Iowa, municipal/community concert bands are funded through the cities. While we are frugal and save money for emergency situations, we rely on the city to fund our concert series. 9. Give an estimate of how you plan to measure the success of the project — The size and growth of our audience — The enthusiasm within the community for our concerts. — The involvement and commitment of our band members. — Social media following 10. Describe specifically how the proposed project will be marketed. Waterloo Center for the Arts, Electronic signboards, posters, public announcements, website, social media, connections with local school band directors and students. For our 2025 season we are focusing on our social media presence. Page 27 of 549 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. Total Project Cost 8 concerts at a cost of approxiamtely $3130/concert. $25,040 48 players per concert @ $60 per player 1 conductor @ $250/concert Rehearsal/concert space at Center for the Arts. $ 1,000 Includes set up and tear down for each conert Office space Other operating costs. $ 1,790 purchase of equipment/music equipment repair accounting services printing/office expenses website operation costs ASCAP membership Hotel Motel Tax Grant Request $27,830 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a Month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details, • How were the funds spent? Please be specific. **************R,****************************************RR R***********************R** BUDGET SUMMARY: Total Project Cost Additional Funding Sources In -Kind Services Hotel/Motel Tax Grant Request $ $27,830 $ Donations - $1000 $ $ $27,830 Please note: Additional Funding Sources, Iin-Kind Services and HotellMote1 Tax Grant Request Huts/equal Total Project Cost. 1 have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds arc to be used for the express purpose as stated in the Grant Application. 1, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. Si 1 pTcant tore of ei � Page 28 of 549 R. .. (Rev. November2017) Department of the Treasury internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.fre.gov/FortmW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. Print or type. 1 See Specific Instructions on page 3. 1 Name (as shown on your Income tax return). Name Is required on this line; do not leave this Ilne blank. Waterloo Community Concert Band 2 Business named€sregarded entity name, if different from above 3 Check appropriate box for federal tax following seven boxes. ❑ Individual/sole proprietor or single -member LLC classification of the person whose name is entered on line 1. Check only one of the a C Corporation S Corporation 0 Partnership 0 Trust/estate 4 Exemptions (codes apply only to certain entitles, not individuate; see instructions on page 3): Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) Note: Check the appropriate box in the Ilne above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC Is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that Exemption from FATCA reporting code (if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑✓ Other (see instructions) ). µppros to soownts (mint sined ovIdde the usf 5 Address (number, street, and apt. or suite no.) See Instructions. 225 Commercial Street Requester's name and address (optional) 6 City, state, and ZIP code Waterloo, IA 50701 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a Social secu Ity number - - TIN, later. Note: if the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. or Employer Identification number 4 2 1 4 2 3 4 5 3 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service ORS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. f am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out Item 2 above if you have been noted by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), end generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. Seethe Instructions for Part II, later. Sign Here Signature of U.S. person 11. Date General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and Its instructions, such as legislation enacted after they were published, go to www.frs.govlFormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-e (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1 098 (home mortgage Interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (Including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Farm W-9 (Rev. 11-2017) Page 29 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Finance Department March 17, 2025 AGENDA ITEM TITLE Resolution approving award of hotel/motel tax council discretionary funds to the Boys & Girls Club of the Cedar Valley in the amount of $10,900.00. 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. Boys and Girls Club - Application 2. B&G Club W-9 3. B&G Club tax exempt letter Page 30 of 549 Page 31 of 549 amrr�rsi i / 0f �;t e dta.r� t Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Boys & Girls Clubs of the Cedar Valley Name of facility/project Lime St Club Revitalization Contact person Hector Salamanca Arroyo Email hectorCccedarvalteyclubs.org Address of organization or person completing application: Street 515 Lime St City Waterloo State Iowa Zip 50703 Phone 5154471186 Fax: Page 32 of 549 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. b) Please be specific how the grant monks will be used in the overall project. Since 1967, Boys & Girls Clubs of the Valley has called the North side of Waterloo, known as the "East side", home. As part of Mainstreet Waterloo, our non-profit has worked to embody the resiliency of Waterloo, in providing a safe and caring environment for youth within Waterloo and the Cedar Valley, by offering free after school programming with free meals. As a community focused nonprofit, our playground at 515 Lime St, Waterloo, IA 50703 has seen frequent usage from both club members, and the community since 1978. Our project would focus on revitalizing our playground, one of only a handful within the 50703 zip code. In addition, our club is centrally located, allowing for neighborhood club members to utilize the playground on the weekend and past club hours. Grant monies awarded will go directly towards purchasing blue mulch to refill the playground in accordance with Boys & Girls Clubs of America Safety Assessment. Page 33 of 549 3. What is the mission of your organization? Boys & Girls Clubs of The Cedar Valley enables all young people, especially those who need us most, to reach their full potential as productive, caring, responsible citizens. 4. How long has your organization been in existence? We have been in existence since 1967. 5. How many staff members and/or volunteers are involved in this organization and the project? 10 staff members and 15 volunteers. 6. Please indicate all the categories that your projects supports: IICategory 1 — Supports tourism and heads on beds Category 2 — Supports and assists community events Category 3 Brings people downtown Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. The Boys & Girls Clubs of the Cedar Valley is committed to providing a safe and engaging environment foryouth in our community. The playground at the Lime Street Club is a vital space where children can play, socialize, and develop important physical and social skills. However, the existing mulch has deteriorated over time, reducing the effectiveness of its cushioning properties and increasing safety risks. This project aims to remulch the playground at the Lime Street Club to ensure compliance with safety standards and provide a soft, protective surface that reduces the risk of injuries. The project will Involve: Removing old, compacted mulch. Installing a new layer of high -quality, impact -absorbing mulch. Conducting a safety inspection post -installation to ensure compliance with playground safety guidelines. By completing this project, we will enhance the safety, accessibility, and overall quality of the playground, benefiting the children who use it daily. Page 34 of 549 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability Safety Improvements Pre- and Post -Installation Inspections: A certified safety inspection will be conducted before and after the remulching process to assess the condition of the playground surface and confirm compliance with safety standards. Reduction in Playground Injuries: We will track and compare the number of playground -related injuries reported before and after the project. A decrease in incidents, particularly those related to falls, will indicate success. Playground Usability and Engagement Observation of Play Behavior: Staff will monitorwhether children are using the playground more frequently and engaging in active play with confidence. Feedback from Staff, Parents, and Kids: We will collect informal feedback through conversations and surveys to gauge satisfaction 9. Give an estimate of how you plan to measure the success of the project Increased Playground Usage Observation & Attendance Records: Monitor the number of children using the playground before and after the project to determine if the improved surface encourages more active play. Feedback from Children, Parents, and Staff: Conduct informal surveys or discussions to gather perceptions on the quality and safety of the playground post-remulching. Durability & Maintenance Mulch Retention Over Time: Schedule follow-up inspections at 3, 6, and 12 months to assess mulch displacement, compaction, and overall maintenance needs. Visual and Structural Improvements: Use before -and -after photos to document the enhancement of the playground's appearance and condition. Community Impact 10. Describe specifically how the proposed project will be marketed. Pre -Project Awareness Campaign Social Media Announcements: Posts on Boys & Girls Clubs of the Cedar Valley's Facebook, Instagram, and Linkedln pages to share the project's goals, emphasizing child safety and community improvement. Email Newsletters: Inform current supporters, parents, and stakeholders about the upcoming project, inviting them to be part of the transformation. Local Media Outreach: Issue a press release to local news outlets to raise awareness about the playground upgrade and its impact on youth safety and development. Page 35 of 549 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. b ` f \ dre1S . ajv F.r C.v�",GarA- �� �e r Y cinS D'• n �.�1 D3,:aCy De\,vevl� �'c.e. - � GQY ,,-tu\( \\r. . ukt;h 1S�c'3�Lak t,r ho'�c- % 00 4�tece;ar- �� Ola iNAC,V\ en�or�1 - ly \e\oc,r 1-NoLis and vc� cu`� rteavN 2c�v i larler�� re.14ca\-Ili'200 /C.� ziho. r _ `i 00•. t tti,�eXS 00 - ale\ s s��,+ ka,n r,v\�r, de0\-N 'ancl �, ever,\ s cls?\ace �et^ g3xr,Zr rrc. ro $�5Q- AucgA \o:rx) Icerw� vY coS�r. 53 QA.+ lr.s�e0c,U1 1nsr- .:fir, l'�> moo^, \�ar1(Le - 3 ��- Grvou .S C6G—CR [ // love-Cas\rx �aa qb �� '- 50 - C. o r K a rya Ce ss J�� ti o o\S _ �ISC,.i,�1`C�Y1C'.O'.Sj a�lp�� 1��" Si 1 +� iN& 'Sci."6 N v\ V'ciz,- \ neio C,on\j-cr yync\l k‘,naCvrelTtLkeA Cos\�-- 111 Oc E,Y.s+-1'-e.s "at)C , ;l;ky expt y-N5e-s 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. BUDGET SUMMARY: Total Project Cost Additional Funding Sources In -Kind Services Hotel/Motel Tax Grant Request $ (}i7CU $ C7 $ C-7 Please note: Additional Funding Sources, In -Kind Ser., ices and Hotelntiotel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. igtiaature of Appli Date Page 36 of 549 Farm W.9 (Rev. October 20161 Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.frs.gov/FormW9 for Instructions and the latest information. Give Form to the requester. Do not send to the IRS. Print or type. See Specific Instructions on page 3. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this Ilne blank. Boys & Girls Clubs of the Cedar Valley 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal lax classification of the person whose name is entered on tine 1. Check only one of the following seven boxes. IndividdaVsole proprietor or ril C Corporation S Corporation ❑ Partnership ❑ Trost/estate single -member LLC 4 Exemptions (codes apply only to certain entities, not individuals: see instructions on page 3): Exempt payee code lif any) Il Limited liability company. Enter the tax classification {C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box In the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is another LLC that is not disregarded from the owner for U.S. federal tax Otherwise, a single -member LLC that Exemption from FATCA reporting code (if any) purposes. Is disregarded from the owner should check the appropriate box for the. tax classification of its owner. 111 Other (see instructions) II. (rwyesma.c«-,,;r Irriatedansaef6eus) s Address (number, street, and apt. or suite no) See instructions. 515 Lime Street Requester's name and address (optional) 6 City, slate, and ZIP code Waterloo, IA 50703 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If You do not have a number, see How to per a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. or Employer identification number 4 2 6 0 8 3 7 2 3 Part II Certification Under penalties of perjury, I certify that: 1, The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report ail interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured pro r erty, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, ye : required to sign the certification, but you must provide your correct TIN. See the Instructions for Part II, later. Sign Here Signature of U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its Instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to fife an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-TNT (interest earned or paid) Date ► 9 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and Third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cal. No. 10231X Form W-9 (Rev. 10-20181 Page 37 of 549 Internal Revenue Service Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Date: December 11, 2002 Person to Contact: Kimberly Mahan 3107530 Customer Service Specialist Boys and Girls Clubs of Black Hawk Toll Free Telephone Number: County inc. 8:00 a.m. to 6:30 p.m. EST 515 Lime St. 877-829-5500 Waterloo, IA 50703 Fax Number: 513-263-3758 Federal Identification Number: 42-6083723 Dear Sir or Madam: This letter is in response to your letter dated November 14, 2002 for a name change. We have updated our records to reflect the name change above. This letter will take the place of the copy you requested. Our records indicate that a determination letter issued in October 1965 granted your organization exemption from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. Based on information subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in sections 509(a)(1) and 170(b)(1)(A)(vi). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from income Tax, only if its gross receipts each year are normally more than $25,000. if a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period, The raw imposes a penalty of $20 a day, up to a maximum of $10,000, when a return Is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (F UTA), Organizations that are not private foundations are riot subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Page 38 of 549 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Airport Department March 17, 2025 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as April 17, 2025, and date of public hearing as April 21, 2025, rescinding Resolution 2025- 126 in its entirety, in conjunction with the Passenger Boarding Bridge Replacement Project, No. FAA AIP 3-19-0094-057, and direct 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. Notice of Public Hearing - ALO PBB - Rev 1 Page 39 of 549 2. Notice to Bidders - ALO PBB - Rev 1 Page 40 of 549 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the PASSENGER BOARDING BRIDGE FAA #3-19-0094-057-2025 AT THE WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 17th day of April 2025, until 1:00 p.m. for the Passenger Boarding Bridge replacement as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the Harold E. Getty Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 17th day of April 2025, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. The bid opening will be livestreamed on YouTube and made available on the City website. PRE -BID MEETING A mandatory pre -bid meeting for this project will be held on April 2nd, 2025, at 2:00 p.m. in the Airport Conference Room on the 2nd Floor at the Waterloo Regional Airport. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on April 21, 2025, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on the 7th day of April 2025, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo website at http://ci.waterloo.ia.us/ FAA AIP #3-19-0094-057-2025 NPH-1 AECOM #60747501 Waterloo Regional Airport Passenger Boarding Bridge Page 41 of 549 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 3) Plan Room Websites: Master Builders of Iowa website: www.mbionline.com Dodge Lead website: http://dodgeprolects.construction.com/ Reed Const. Data Lead website: http://www.cmdgroup.com/project-leads/ SCOPE OF WORK The project for the improvements at the Waterloo Regional Airport, Waterloo, Iowa, consists of: • Replacement of the existing passenger boarding bridge • Removal and replacement of pavement marking on aircraft parking apron • Provide portable passenger boarding bridge Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of , 2025. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk FAA AIP #3-19-0094-057-2025 NPH-2 AECOM #60747501 Waterloo Regional Airport Passenger Boarding Bridge Page 42 of 549 NOTICE TO BIDDERS For the Taking of Construction Bids for the PASSENGER BOARDING BRIDGE FAA #3-19-0094-057-2025 AT THE WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 17th day of April 2025, until 1:00 p.m. for the Passenger Boarding Bridge replacement as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the Harold E. Getty Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 17th day of April 2025, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. The bid opening will be livestreamed on YouTube and made available on the City website. PRE -BID MEETING A mandatory pre -bid meeting for this project will be held on April 2, 2025, at 2:00 p.m. in the Airport Conference Room on the 2nd Floor at the Waterloo Regional Airport. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above - described improvement project at 5:30 p.m. on April 21, 2025, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The project for the improvements at the Waterloo Regional Airport, Waterloo, Iowa, consists of: • Replacement of the existing passenger boarding bridge • Removal and replacement of pavement marking on aircraft parking apron • Provide portable passenger boarding bridge BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and shall be completed according to the terms of the entire contract within four hundred twenty (420) 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. FAA AIP #3-19-0094-057-2025 NTB-1 of 7 AECOM #60747501 Waterloo Regional Airport Passenger Boarding Bridge Page 43 of 549 METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed, and materials delivered, and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Complete digital Plans and Specifications are available at www.questcdn.com. You may download the digital documents free of charge from Questcdn by inputting Questcdn Project #9553527 on the website's Project Search page. Please contact Questcdn.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading and working with this digital project information. Optional paper copies of the Plans and Specifications are available from AECOM, 501 Sycamore Street, Suite 222, Waterloo, Iowa, upon receipt of a $30.00 deposit (CHECK ONLY). Deposits are fully refundable if the plans and specifications are returned in usable condition (i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Waterloo AECOM office listed above by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor, or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City and consultinq_engineer to verify eligibility for the refundable deposit. Please DO NOT obtain Bid Documents from any source other than Questcdn.com or through the AECOM office as listed above. Obtaining documents through any other source could prevent Bidder from being included on the official AECOM Plan Holders List which, in turn, may cause the Bidder to not receive addenda or other time -sensitive / bid -critical documents. The City has the right to reject any bids that do not have current bidding documents included in the proposal. Upon award of project, the prime contractor, subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. FAA AIP #3-19-0094-057-2025 NTB-2 of 7 AECOM #60747501 Waterloo Regional Airport Passenger Boarding Bridge Page 44 of 549 Bids may be held by the City of Waterloo, Iowa, for a period not to exceed ninety (90) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa and preference will be given to local domestic labor in the construction of the improvements. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer -generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer -generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer -generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. FAA AIP #3-19-0094-057-2025 NTB-3 of 7 AECOM #60747501 Waterloo Regional Airport Passenger Boarding Bridge Page 45 of 549 A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the overall contract period of 270 calendar days, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per calendar day, for each calendar day, as further described herein, in excess of the authorized time. Calendar days beyond the specified overall contract period of 270 calendar days for which Liquidated Damages will be charged will be calendar days that the contractor does or could have worked. -Partial working days will be considered as a full working day. Calendar days chargeable for Liquidated Damages will include rain days, weekends, and legal holidays. Calendar days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work, the Contractor shall submit to the Engineer in writing a request that calendar days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non- Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid a Resident Bidder Certification or a Non -Resident Bidder Certification in the form(s) herein provided. FAA AIP #3-19-0094-057-2025 NTB-4 of 7 AECOM #60747501 Waterloo Regional Airport Passenger Boarding Bridge Page 46 of 549 SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. SITE INSPECTION Bidders are expected to visit the locality of the work and to make their own estimate of the facilities needed and the difficulties attending the execution of the proposed Contract, including local conditions. TIME FOR RECEIVING BIDS Bids received prior to the time of opening will be securely kept, unopened. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will attach to an officer for the premature opening of a bid not properly addressed and identified. Unless specifically authorized, telegraphic bids will not be considered, but modifications by telegraph of bids already submitted will be considered if received prior to the hour set for opening. All proposals must be received at the address indicated herein above prior to the time and date specified for receipt of bids. Bids received after the specified time and date will be returned unopened. The City of Waterloo shall not be held responsible or accountable for delays in the delivery of any proposal by the U.S. Postal Service or other courier service. WITHDRAWAL OF BIDS Bids may be withdrawn on written or telegraphic request received from Bidders prior to the time fixed for opening. Negligence on the part of the Bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. ERRORS IN BID Bidders or their authorized agents are expected to examine the Maps, Drawings, Specifications, Circulars, Schedule and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the Bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. MINIMUM WAGE RATES If the wage determination of the Department of Labor incorporated in the advertised specifications does not include rates for classifications deemed appropriate by the bidder, the bidder is responsible for ascertaining the rates payable for such use in accomplishing the work. No inference concerning practice is to be drawn from their omission. Further, the omission does not, per se, establish any liability to the Government for increased labor costs resulting from the use of such classifications. FAA AIP #3-19-0094-057-2025 NTB-5 of 7 AECOM #60747501 Waterloo Regional Airport Passenger Boarding Bridge Page 47 of 549 EQUAL EMPLOYMENT OPPORTUNITY — EXECUTIVE ORDER 11246 AND 41 CFR PART 60 The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. The successful Bidder shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. GOALS FOR MINORITY AND FEMALE PARTICIPATION — EXECUTIVE ORDER 11246 AND 41 CFR PART 60 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables: Goals for minority participation for each trade 4.7% Goals for female participation in each trade 6.9% These goals are applicable to all of the contractor's construction work (whether or not it is Federal or federally -assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and non -federally involved construction. CERTIFICATION OF NONSEGREGATED FACILITIES — 41 CFR PART 60 A certification of Nonsegregated Facilities must be submitted prior to the award of a federally - assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving federally assisted construction contract awards exceeding $10,000, which are not exempt from provisions of the Equal Opportunity Clause, will be required to provide for the forwarding of the notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. The penalty for making false statements in offers in prescribed is 18 U.S.C. 1001. DISADVANTAGED BUSINESS ENTERPRISE — 49 CFR PART 26 The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contracts. In accordance with 49 CFR Part 26.45, the sponsor has established a contract goal of eight and four tenths (8.4) percent participation for small business concerns owned and controlled by certified socially and economically disadvantaged enterprise (DBE). The bidder shall make and document good faith efforts, as defined in Appendix A of 49 CFR Part 26, to meet this established goal. FAA AIP #3-19-0094-057-2025 NTB-6 of 7 AECOM #60747501 Waterloo Regional Airport Passenger Boarding Bridge Page 48 of 549 DAVIS-BACON ACT, AS AMENDED — 29 CFR PART 5 The Contractor is required to comply with wage and labor provisions and to pay minimum wages in accordance with the current schedule of wage rates established by the United States Department of Labor. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION — 49 CFR PART 29 The bidder certifies, by submission of a proposal or acceptance of a contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Individuals or companies listed in the General Services Administration's "Excluded Parties Listing System" will not be considered for award of contract. FOREIGN TRADE RESTRICTION — 49 CFR PART 30 The Bidder and Bidder's subcontractors, by submission of an offer and/or executive of a contract, is required to certify that it: 1. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); 2. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one of more citizens or nationals of a foreign country on said list; 3. 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. BUY AMERICAN CERTIFICATE — AVIATION SAFETY AND CAPACITY ACT OF 1990 This contract is subject to the "Buy American Preferences" of the Aviation Safety and Capacity Act of 1990. Per Title 49 U.S.C. Section 50101, all steel and manufactured products installed under an AIP assisted project must be produce in the United States unless the Federal Aviation Administration has granted a formal waiver. As a condition of bid responsiveness, Bidders must complete and submit as part of their proposal the enclosed Buy American certification. Bidder must indicate whether it intends to meet Buy America preferences by only installing steel and manufactured products produced with the United State of America; or if it intends to seek a permissible waiver to the Buy America requirements. MARKING AND MAILING BIDS Envelopes containing bids must be sealed and addressed to the City Clerk, 715 Mulberry Street, Waterloo, IA 50703; and marked in the upper left-hand corner as follows: Bid of (Name and Address of Contractor) for Passenger Boarding Bridge, FAA Project No. 3-19-0094-057-2025 Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA FAA AIP #3-19-0094-057-2025 NTB-7 of 7 AECOM #60747501 Waterloo Regional Airport Passenger Boarding Bridge Page 49 of 549 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as April 17, 2025, and date of public hearing as April 21, 2025, rescinding Resolution No. 2025-127 in its entirety, in conjunction with the Runway 18-36 Rehabilitation within Runway 12-30 Safety Area Project, No. FAA AIP 3-19-0094-0XX, and direct 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 Page 50 of 549 1. Notice of Public Hearing - Rwy 18-36 Inside RSA-Wloo ALO - Rev 1 2. Notice to Bidders - Rwy 18-36 Inside RSA-Wloo ALO - Rev 1 Page 51 of 549 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the RUNWAY 18-36 REHABILITATION WITHIN RUNWAY 12-30 SAFETY AREA FAA #3-19-0094-0XX-2025 AT THE WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 17' day of April, 2025, until 1:00 p.m. for Runway 18-36 Rehabilitation within Runway 12- 30 Safety Area, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the Harold E. Getty Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 17th day of April 2025, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. The bid opening will be livestreamed on YouTube and made available on the City website. PRE -BID MEETING A pre -bid meeting for this project will be held on April 2, 2025, at 10:00 a.m. in the Airport Conference Room on the 2' Floor at the Waterloo Regional Airport. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on the 21' day of April, 2025, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo website at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 FAA AIP #3-19-0094-0XX-2025 NPH-1 AECOM #60747512 Waterloo Regional Airport Runway 18-36 Rehab within RSA Page 52 of 549 3) Plan Room Websites: Master Builders of Iowa website: www.mbionline.com Dodge Lead website: http://dodgeprojects.construction.com/ Reed Const. Data Lead website: http://www.cmdgroup.com/project-leads/ SCOPE OF WORK The work to be performed in this project shall include the following described improvements at the Waterloo Regional Airport, Waterloo, Iowa: • Rehabilitation of Runway 18/36 and Runway 12-30 intersection with 4-inch mill and overlay of the pavement within the Runway Safety Areas. • Grooving of the new runway pavement. • Pavement marking for the new pavement. • Restoration along the edge of the new pavement. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of , 2025. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk FAA AIP #3-19-0094-0XX-2025 NPH-2 AECOM #60747512 Waterloo Regional Airport Runway 18-36 Rehab within RSA Page 53 of 549 NOTICE TO BIDDERS For the Taking of Construction Bids for the Runway 18-36 Rehabilitation within Runway 12-30 Safety Area FAA #3-19-0094-0XX-2025 AT THE WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 17th day of April, 2025, until 1:00 p.m. for Runway 18-36 Rehabilitation within Runway 12-30 Safety Area, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the Harold E. Getty Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 17th day of April 2025, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. The bid opening will be livestreamed on YouTube and made available on the City website. PRE -BID MEETING A pre -bid meeting for this project will be held on April 2, 2025, at 10:00 a.m in the Airport Conference Room on the 2nd Floor at the Waterloo Regional Airport. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on April 21, 2025, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The project for the improvements at the Waterloo Regional Airport, Waterloo, Iowa, consists of: • Rehabilitation of Runway 18/36 and Runway 12-30 intersection with 4-inch mill and overlay of the pavement within the Runway Safety Areas. • Grooving of the new runway pavement. • Pavement marking for the new pavement. • Restoration along the edge of the new pavement. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and shall be completed according to the terms of the entire contract within sixty (60) calendar days from the date established in the Notice to Proceed. Failure to complete within the allotted time will result in assessment of liquidated damages in the amount of $500.00 per calendar day for each day in excess of the authorized contract time. In addition, the Runway 18/36 closure for Phase 1 work shall be limited to ten (10) calendar days. Failure to complete Phase 1 work and re -open Runway 18-36 and Runway 12-30 to traffic within the allotted time will result in assessment of liquidated damages in the amount of $500 per calendar day for one (1) to four (4) calendar days, $5,000 per calendar day for five (5) to nine (9) calendar days and $10,000 per calendar day for ten (10) or more calendar days allotted in the contract. It is anticipated that construction will start in the Fall of 2025. FAA AIP #3-19-0094-0XX-2025 NTB-1 of 7 AECOM #60747512 Waterloo Regional Airport Runway 18-36 Rehab within RSA Page 54 of 549 METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed, and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Complete digital Plans and Specifications are available at www.questcdn.com. You may download the digital documents free of charge from Questcdn by inputting Questcdn Project #9553528 on the website's Project Search page. Please contact Questcdn.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading and working with this digital project information. Optional paper copies of the Plans and Specifications are available from AECOM, 501 Sycamore Street, Suite 222, Waterloo, Iowa, upon receipt of a $30.00 deposit (CHECK ONLY). Deposits are fully refundable if the plans and specifications are returned in usable condition (i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Waterloo AECOM office listed above by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor, or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City and consulting engineer to verify eligibility for the refundable deposit. Please DO NOT obtain Bid Documents from any source other than Questcdn.com or through the AECOM Waterloo office as listed above. Obtaining documents through any other source could prevent Bidder from being included on the official AECOM Plan Holders List which, in turn, may cause the Bidder to not receive addenda or other time - sensitive / bid -critical documents. The City has the right to reject any bids that do not have current bidding documents included in the proposal. Upon award of project, the prime contractor, subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed ninety (90) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa and preference will be given to local domestic labor in the construction of the improvements. FAA AIP #3-19-0094-0XX-2025 NTB-2 of 7 AECOM #60747512 Waterloo Regional Airport Runway 18-36 Rehab within RSA Page 55 of 549 PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer -generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer -generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer -generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the overall contract period of 60 calendar days, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per calendar day, for each calendar day, as further described herein, in excess of the authorized time. FAA AIP #3-19-0094-0XX-2025 NTB-3 of 7 AECOM #60747512 Waterloo Regional Airport Runway 18-36 Rehab within RSA Page 56 of 549 Calendar days beyond the specified overall contract period of 60 calendar days for which Liquidated Damages will be charged will be calendar days that the contractor does or could have worked. -Partial working days will be considered as a full working day. Calendar days chargeable for Liquidated Damages will include rain days, weekends, and legal holidays. Liquidated damages will be assessed for work that is not completed within ten (10) calendar days from the date work commences in the Phase 1 work area at a rate of $500 per calendar day for one (1) to four (4) calendar days over, $5,000 per calendar day for five (5) to nine (9) calendar days over and $10,000 per calendar day for ten (10) or more calendar days over the allotted time in the contract. Calendar days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work, the Contractor shall submit to the Engineer in writing a request that calendar days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid a Resident Bidder Certification or a Non -Resident Bidder Certification in the form(s) herein provided. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. SITE INSPECTION Bidders are expected to visit the locality of the work and to make their own estimate of the facilities needed and the difficulties attending the execution of the proposed Contract, including local conditions. TIME FOR RECEIVING BIDS Bids received prior to the time of opening will be securely kept, unopened. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will attach to an officer for the premature opening of a bid not properly addressed and identified. Unless specifically authorized, telegraphic bids will not be considered, but modifications by telegraph of bids already submitted will be considered if received prior to the hour set for opening. All proposals must be received at the address indicated herein above prior to the time and date specified for receipt of bids. Bids received after the specified time and date will be returned unopened. The City of Waterloo shall not be held responsible or accountable for delays in the delivery of any proposal by the U.S. Postal Service or other courier service. FAA AIP #3-19-0094-0XX-2025 NTB-4 of 7 AECOM #60747512 Waterloo Regional Airport Runway 18-36 Rehab within RSA Page 57 of 549 WITHDRAWAL OF BIDS Bids may be withdrawn on written or telegraphic request received from Bidders prior to the time fixed for opening. Negligence on the part of the Bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. ERRORS IN BID Bidders or their authorized agents are expected to examine the Maps, Drawings, Specifications, Circulars, Schedule and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the Bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. MINIMUM WAGE RATES If the wage determination of the Department of Labor incorporated in the advertised specifications does not include rates for classifications deemed appropriate by the bidder, the bidder is responsible for ascertaining the rates payable for such use in accomplishing the work. No inference concerning practice is to be drawn from their omission. Further, the omission does not, per se, establish any liability to the Government for increased labor costs resulting from the use of such classifications. EQUAL EMPLOYMENT OPPORTUNITY — EXECUTIVE ORDER 11246 AND 41 CFR PART 60 The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. The successful Bidder shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. GOALS FOR MINORITY AND FEMALE PARTICIPATION — EXECUTIVE ORDER 11246 AND 41 CFR PART 60 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables: Goals for minority participation for each trade 4.7% Goals for female participation in each trade 6.9% These goals are applicable to all of the contractor's construction work (whether or not it is Federal or federally -assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and non -federally involved construction. FAA AIP #3-19-0094-0XX-2025 NTB-5 of 7 AECOM #60747512 Waterloo Regional Airport Runway 18-36 Rehab within RSA Page 58 of 549 CERTIFICATION OF NONSEGREGATED FACILITIES — 41 CFR PART 60 A certification of Nonsegregated Facilities must be submitted prior to the award of a federally -assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving federally assisted construction contract awards exceeding $10,000, which are not exempt from provisions of the Equal Opportunity Clause, will be required to provide for the forwarding of the notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. The penalty for making false statements in offers in prescribed is 18 U.S.C. 1001. DISADVANTAGED BUSINESS ENTERPRISE — 49 CFR PART 26 The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT - assisted contracts. In accordance with 49 CFR Part 26.45, the sponsor has established a contract goal of 8.4 percent participation for small business concerns owned and controlled by certified socially and economically disadvantaged enterprise (DBE). The bidder shall make and document good faith efforts, as defined in Appendix A of 49 CFR Part 26, to meet this established goal. DAVIS-BACON ACT, AS AMENDED — 29 CFR PART 5 The Contractor is required to comply with wage and labor provisions and to pay minimum wages in accordance with the current schedule of wage rates established by the United States Department of Labor. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION — 49 CFR PART 29 The bidder certifies, by submission of a proposal or acceptance of a contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Individuals or companies listed in the General Services Administration's "Excluded Parties Listing System" will not be considered for award of contract. FOREIGN TRADE RESTRICTION — 49 CFR PART 30 The Bidder and Bidder's subcontractors, by submission of an offer and/or executive of a contract, is required to certify that it: 1. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); 2. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one of more citizens or nationals of a foreign country on said list; 3. 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. BUY AMERICAN CERTIFICATE — AVIATION SAFETY AND CAPACITY ACT OF 1990 This contract is subject to the "Buy American Preferences" of the Aviation Safety and Capacity Act of 1990. Per Title 49 U.S.C. Section 50101, all steel and manufactured products installed under an AIP assisted project must be produce in the United States unless the Federal Aviation Administration has granted a formal waiver. As a condition of bid responsiveness, Bidders must complete and submit as part of their proposal the enclosed Buy American certification. Bidder must indicate whether it intends to meet Buy America preferences by only installing steel and manufactured products produced with the United State of America; or if it intends to seek a permissible waiver to the Buy America requirements. FAA AIP #3-19-0094-0XX-2025 NTB-6 of 7 AECOM #60747512 Waterloo Regional Airport Runway 18-36 Rehab within RSA Page 59 of 549 MARKING AND MAILING BIDS Envelopes containing bids must be sealed and addressed to the City Clerk, 715 Mulberry Street, Waterloo, IA 50703; and marked in the upper left-hand corner as follows: Bid of (Name and Address of Contractor) for Runway 18-36 Rehabilitation within Runway 12-30 Safety Area, FAA Project No. 3-19-0094-0XX-2025 Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA FAA AIP #3-19-0094-0XX-2025 NTB-7 of 7 AECOM #60747512 Waterloo Regional Airport Runway 18-36 Rehab within RSA Page 60 of 549 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as March 27, 2025, and date of public hearing as April 7, 2025, in conjunction with Asbestos Abatement Services, Contract AB-2025-03-03P, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The properties in question were acquired by the City or Iowa Heartland Habitat for Humanity, and include: 1402 Mulberry St (City property), and 512 Almond St and 222 Randall St (Habitat owned properties). The City of Waterloo has an agreement with Habitat to complete demolition activities for the properties. The properties are being abated of asbestos in preparation of demolition. NEIGHBORHOOD IMPACT The action is in preparation for demolition, which will remove blighted buildings in several neighborhoods. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Estimate: $60,000. To be paid from Nuisance Abatement bonds and/or TIF funds. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 61 of 549 ATTACHMENTS 1. RFB Asbestos Abatement Services Contract AB-2025-03-03P 2. Exhibit B Part 1 1402 Mulberry St ACM Report 3. Exhibit B Part 2 512 Almond St ACM Report 4. Exhibit B Part 3 222 Randall St ACM Report 5. Exhibit C Asbestos Abatement Services Contract AB-2025-03-03P Page 62 of 549 CITY OF WATERLOO, IOWA OF WA TF V rt/// op a fill O Request for Bid ASBESTOS ABATEMENT SERVICES March 2025 RFB Asbestos Abatement Services Contract AB-2025-03-03P 1402 Mulberry St (City owned property), and 512 Almond St, and 222 Randall St (Habitat owned properties) City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 63 of 549 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for asbestos abatement services Contract AB- 2025-03-03P — 1402 Mulberry St (City owned property), as well as 512 Almond St, and 222 Randall St (Habitat owned properties). All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday March 27, 2025 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container should be marked as noted below, and include the name of the company submitting the bid. 1.1 RFB Timeline Name of the Bid: Notice of RFB Date: Mandatory Walk Thru: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: E-mail Address: Phone: Asbestos Abatement Services Contract AB-2025-03-03P March 5, 2025 There will be a mandatory walk thru for 512 Almond Street on Thursday, March 13, 2025 at 9:00 a.m. Bidders that do not have a representative in attendance at this walk thru are NOT eligible to bid on this contract. There will not be a mandatory walk thru for the other properties, and bidders are advised/ encouraged to make their own inspections prior to bid submittal. See Section 4.5 for additional details. Thursday, March 27, 2025 at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR ASBESTOS ABATEMENT SERVICES CONTRACT AB-2025-03-03P City of Waterloo City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Aric Schroeder, City Planner/Project Manager (City's Representative) aric.schroeder@waterloo-ia.org Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2025-03-03P Page 2 of 11 Page 64 of 549 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4 Bids will be opened on Thursday March 27, 2025, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's YouTube Channel. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the award. The awarding of the contract could be as early as the City Council meeting on Monday April 7, 2025 at 5:30 p.m. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the proposal evaluators, is the most responsive and responsible bid, that offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City will select a Bidder based on knowledge of experience and qualifications, and past experience with Bidder, cost will not be the sole determining factor. A Bidder's submittal of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used in the evaluation. Evaluation criteria may include, but are not limited to: Satisfactory experience in the timely completion of work; ii. Bidder's reputation and financial status; Past experience and service provided by the Bidder; iv. Bidder's ability to meet the insurance and bonding requirements; and v. Bidders ability to immediately fully staff the project with certified, licensed staff. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence and $2,000,000 general aggregate combined single limit, for Personal Injury, Bodily Injury and Property Damage is required. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo and Iowa Heartland Habitat for Humanity as additional insured. Also requires is Pollution Liability Insurance, which shall be True Occurrence, not Claims Made. The Contractor shall obtain and maintain coverage for claims arising from bodily injury, property damage, and the use of owned, hired, or leased autos. The insurance shall cover all asbestos and hazardous materials liability aspects of the project, including the project site, during transportation from the project site to the disposal site, and during unloading operations at the disposal site. Additionally, coverage shall include all costs of the cleanup of any releases to the environment of any asbestos -containing materials or hazardous materials during project RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2025-03-03P Page 3 of 11 Page 65 of 549 abatement, and transportation for disposal. Such coverage shall have limits of no less than $1,000,000 per occurrence and $2,000,000 per project aggregate. 2.2 A bid guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. The successful Bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the Contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the Contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of the Contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". 2.6 The Bidder hereby agrees to conform with all provisions of the Federal Civil Rights Act; The Code of Iowa, Chapter 216 Civil Rights Commissions rules and regulations; and conform to provisions set for in Iowa Code 692A.11. The Bidder certifies that they are permitted by the Iowa Workforce Development to conduct asbestos abatement in the State of Iowa. The Bidder hereby agrees that they will comply with all federal and state affirmative action/equal employment opportunity requirements concerning fair employment and will not discriminate between or among by reason of race, color, religion, sex, national origin, or physical handicap. The Bidder hereby agrees that they will make any and all supervisors and workers assigned to duties on the project for which this bid has been submitted aware of their duties under the Contract Documents, including these Project Specifications, and other documents presented as part of this project and all federal, state, and local laws and regulations. 2.7. The Bidder shall call to the City's attention, prior to signing a contract, any omissions or errors noted in the Specifications or Scope of Work that are at odds with the intent of the bid documents, the project, or any federal, state, or local laws or regulations. The Bidder, by submitting a bid and bid security, acknowledges that they forfeit the bid security upon failure to enter into such contract. RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2025-03-03P Page 4 of 11 Page 66 of 549 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for approximately two (2) months anticipated to be from April 7, 2025, to June 6, 2025. 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2025-03-03P Page 5 of 11 Page 67 of 549 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.1.5 Emergency Stoppage of Public Contracts. The Contract may be terminated as provided by Iowa Code Chapter 573A when construction or work thereon is stopped because of a national emergency. The provisions of Chapter 573A shall be binding upon all parties hereto, including subcontractors and sureties upon any Bond given or filed in connection therewith. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and be submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.4 All work is to be done in strict compliance with this RFB. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 1402 Mulberry Street (City owned property), as well as 512 Almond Street and 222 Randall Street (Habitat owned properties). The City of Waterloo is working jointly with the Iowa Heartland Habitat for Humanity (Habitat) to complete asbestos abatement work on the two noted properties owned by Habitat. The City has a separate agreement with Habitat to provide the authorization for the City to proceed with the work. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Bidder shall be responsible to familiarize itself with the specifications included in this RFB and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2025-03-03P Page 6 of 11 Page 68 of 549 The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources, and requirements of the Occupational Safety and Health Administration (OSHA). The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos surveys included as Exhibit "B". Assess and reasonably ascertain if there is any ACM that was not identified in the asbestos surveys included as Exhibit "B". Removal of any non -identified ACM will be done by change order amendment to the Contract. Costs associated with this Contract shall be "lump sum". If the abatement Contractor requires additional inspection and testing, if it is based on it being missed by the survey contractor or not sufficiently identified by the survey contractor (as determined by the City's Representative), then the costs associated with the additional inspection and testing shall not be the responsibility of the abatement Contractor. However, if the re-inspection(s) and testing are required for failure of the asbestos abatement Contractor to remove all ACM, and missed ACM was clearly identified in the survey (as determined by the City's Representative), the abatement Contractor shall be responsible for payment to the survey contractor for any reinspection and testing fees as part of the "lump sum" costs of this Contract. 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager upon request. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the asbestos abatement project. 4.1.7 Provide clearance certification that the structure(s) are clear of ACM and ready for demolition. The Contractor shall investigate the environmental condition, including the presence, location, and condition of ACM. Any failure of the Contractor to acquaint themselves with available information will not relieve them from the responsibility for determining the difficulty or cost of successfully performing the work. No increase in Contract cost will be considered due to the Bidder's failure to physically verify all site attributes affecting the work, or other materials specified by the Contract Documents. The City is not responsible for any conclusions or interpretations made by the Bidder on the basis of the information made available by the City. The Contractor may have to demolish materials to gain access to some ACM. These items may include, but are not limited to interior walls (consisting of wood paneling, tile, block, drywall, plaster, brick, non-structural concrete, etc.), ceiling and floor demolition (acoustical ceiling tile, grid, electrical wiring, piping, glue pods and/or glued on ceiling tiles, floor tiles or RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2025-03-03P Page 7 of 11 Page 69 of 549 other flooring, mechanical items, etc.); cabinets, shelves, dividers/cubicles/desks, furniture, piping, utilities, base boards, built-up roofing, etc. 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 The contractor that conducted asbestos surveys is eligible to perform asbestos abatement on the same properties, and therefore is eligible to bid on this RFB. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within the Contract Term (anticipated to be June 6). If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 4.5 A mandatory walk thru will be required for 512 Almond Street on Thursday, March 13, 2025 at 9:00 a.m. Bidders that do not have a representative in attendance at this walk thru are NOT eligible to bid on this contract. 512 Almond Street is an abandoned commercial property, and has a sizable amount of debris in the building, and significant amounts of ACM to be abated. There will not be a mandatory walk thru for the other properties, but bidders are advised/encouraged to make their own inspections prior to bid submittal. The Planning Department is not in possession of a key to 1402 Mulberry Street or 222 Randall Street. They should be accessible (possibly by removing plywood, please replace any plywood when you are done). For 512 Almond Street, Habitat has placed a coded lock box as a padlock. Prospective bidders can call the Planning Department to get the code (if doing any additional inspection outside of the mandatory walk thru). Please re -install any boards you remove at any of the properties to attempt to maintain security. Please Note: Some of the properties are in very poor condition, and may require careful methods (such as an extension ladder) to reach basements or upper levels. Use caution when entering the properties. Enter at your own risk. SECTION V GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2025-03-03P Page 8 of 11 Page 70 of 549 will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice and all necessary supporting documentation. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2025-03-03P Page 9 of 11 Page 71 of 549 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. 1402 Mulberry Street (City owned property), as well as 512 Almond Street and 222 Randall Street (Habitat owned properties). Total "lump sum" bid: $ Total bid in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of ninety (90) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2025-03-03P Page 10 of 11 Page 72 of 549 Our "not to exceed" bid price for each property is: Property Address (City owned properties) Per Property Cost (bid) Total 1402 Mulberry Street $ Property Address (Habitat owned properties) 512 Almond Street $ 222 Randall Street $ Total Proposed Lump Sum Contract Amount: $ RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2025-03-03P Page 11 of 11 Page 73 of 549 ASBESTOS INSPECTION REPORT INSPECTION ADDRESS: City of Waterloo 1402 Mulberry Street Waterloo, IA 50703 Project #: 24-29398A SUBMITTED TO: City of Waterloo Community Planning & Development 715 Mulberry Street Waterloo, IA 50703 Attn: Aric Schroeder, City Planner Page 74 of 549 ASBESTOS INSPECTION yn, Inspecto 12/03/2024 Date 24-11702 Inspector # 04/10/2025 License Expiration date Page 75 of 549 TABLE OF CONTENT 1. INTRODUCTION 2. DEFINITIONS 3. GENERAL BUILDING OBSERVATIONS 4. REPORT DATA a. METHOD b. REPORT DATA 5. PROJECT SUMMARY a. POSITIVE ASBESTOS SAMPLE LIST b. CONCLUSIONS AND RECOMMENDATIONS LIST OF APPENDICES APPENDIX A - SAMPLE INVENTORY LIST & LAB ANALYSIS APPENDIX B - INSPECTOR LICENSE AND CERTIFICATION APPENDIX C - PICTURES Page 76 of 549 SECTION 1 INTRODUCTION For each area of the building, the inspector performing the inspection did the following: 1. Visually inspected the area(s) to identify the locations of all suspect Asbestos Containing Building Materials. 2. Identify all homogeneous areas of friable and non -friable suspected asbestos. 3. Assume, if necessary, that some or all of the homogeneous area(s) are Asbestos Containing Material (ACM)* and for each homogeneous area that is not assumed to be ACM, collect and submit bulk samples for analysis. Page 77 of 549 SECTION 2 DEFINITIONS: HOMOGENEOUS AREA An area which appears similar throughout in terms of color, texture, and date of material application SURFACING MATERIAL Material in a building that is sprayed -on, troweled -on, or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes. THERMAL SYSTEM INSULATION Means material applied to pipes, fittings, boilers breeching, tanks ducts, or other interior structural components to prevent heat loss or gain, or water condensation, or other purposes. MISCELLANEOUS MATERIAL Interior building material on structural components, structural members or fixtures, such as floor and ceiling tiles, and does not include surfacing material or thermal system insulation. SAMPLING AND ANALYSIS All samples to be analyzed by Polarized Light Microscopy (PLM). Analysis was performed in accordance with EPA 40 CFR, Part 763, Appendix A to Subpart F. A homogeneous area was considered not to contain Asbestos Containing Material (ACM) only if the results of all samples collected from the area showed asbestos in the amounts of one (I) percent (%) or less L1 %). A homogeneous area contains ACM when one or more samples collected from that area shows greater than one (1) percent (%) asbestos (>1%). FRIABLE Any material containing more than one (1) percent (%) asbestos that, when dry can be crumbled, pulverized, or reduced to a powder by hand pressure. NON -FRIABLE (CATEGORY I) Asbestos containing packings, gaskets, resilient floor covering, and asphalt roofing products, containing more than one (1) percent (%) asbestos. NON -FRIABLE (CATEGORY II) Any excluding Non -Friable (Category I) Asbestos Containing Material, containing more than one (1) percent (%) asbestos. Page 78 of 549 SECTION 3 General Building Inspection Observations The building inspection is conducted by a qualified and State of Iowa licensed Asbestos Inspector. The purpose of a building inspection is to identify existing building materials that are asbestos containing materials (ACM). If the inspection is conducted in an occupied building, the Inspector is sometimes denied accessibility to building areas and materials; i.e., the Inspector may not be allowed to cut through floor coverings or walls, remove quarry tiles, etc. There are many situations where ACM are concealed in wall cavities and other non -accessible areas, such as tunnels, crawl spaces, above ceilings, pipe chases, behind wall coverings, beneath debris piles, under various floor coverings, etc. When these situations occur in construction, renovation, andlor demolition, etc., materials in these areas shall be treated as ACM and handled as such by qualified and licensed asbestos personnel. If suspect asbestos containing material is discovered or damaged during the course of any activities, the material shall be considered and treated as ACM to diminish further fiber release. In addition, the Inspector uses an independent laboratory that analyzes the bulk building material samples using Polarized Light Microscopy (PLM). PLM analysis technique may not be as accurate as more expensive analysis techniques for certain building materials. It remains the Building Owner and/or Representative(s)' responsibility to address this issue and consider analyzing suspect building material using different analysis techniques prior to disturbing the material(s). The following are areas that may not be inspected. 1. Tunnels and Crawl Spaces: During the inspection process, the Inspector attempts to check tunnels and crawl spaces for ACM and the degree of damage to the materials. In most cases, quantification of ACM in these areas is impossible due to the inaccessibility to these areas. In addition, these areas may fall under: "Confined Space Regulations". Due to the congestion in tunnels and crawl spaces, obtaining an accurate quantification for mudded joints, pipe wrap, etc. is almost impossible. The Inspector will quantify ACM only in accessible tunnels and crawl spaces, and estimate the quantities in the inaccessible areas. Some reasons for inaccessibility are as follows: flooded areas, pipe congestion, asbestos and other debris, electrical hazards, confined spaces, unknown gas emissions, low ceilings, etc. 2. Boilers and Thermal System Insulation: Interior portions of boilers, heaters, storage tanks, etc. are not always accessible. Materials in these areas will be treated as ACM. Areas of concern are packing inside boiler doors and liners. Use extreme care and properly trained personnel when handling these types of materials. Some boilers have insulated metal jackets over fiberglass or ACM. Thermal system insulation can be found in many different forms; i.e., air cell, preformed magnesium block, millboard, etc. All fiberglass materials are excluded as suspect ACM. 3. Debris: In areas where damaged ACM may be found there may and usually will Page 79 of 549 be ACM debris in the general area of the damaged material. These areas shall be treated with the utmost care even during the inspection and quantification process. The Inspector considers any exposure to this type of material as a health threat. 4. State of Quantification: As a general rule, individual rooms or areas of estimation contain inherently more probability of an error than those groups of rooms or areas or an entire building. In other words, the aggregate tends to be more accurate than the sums of the individual parts. Therefore, when designing response actions (measurements, air samples, etc.), the project designer and the asbestos abatement contractor's attention shall be given to ensure that quantification of materials and proper methods are followed through careful analysis of the site. If materials are quantified, the asbestos abatement contractor or owner, owner representatives or third parties are responsible for verifying the quantities. 5. The Inspector may take some latitude in the presentation of the Inspection Report. When the Inspector has found floor tiles, linoleum, and/or carpeting listed he/she may or may not have adhesives listed. Adhesives have been known to contain asbestos and therefore, although not mentioned, it may be presumed to be ACM, listed or not. Testing of the adhesive prior to disturbing is recommended. The same is true for adhesives or mastics used to adhere linoleum to floors or counter tops. All toweled -on and/or sprayed -on surfacing materials; i.e., floor mastics, wall and ceiling surfacing, etc. are either suspected or presumed ACM unless sampled and analyzed to indicate that they are not ACM. 6. In the Inspection Report, certain items such as mudded joints (MJ) or metal doors (MD), etc. are listed as units or number of units; i.e. 10 MJ, 3 Damaged, which is an indication of count rather than square feet or linear feet. Most materials listed in the assessment are either listed as square feet or linear feet with these noted exceptions. 7. In the Assessment Process, there are additional codes such as ME and MG; ME representing miscellaneous electrical and MG representing miscellaneous gasket materials. Both of these codes are used to indicate materials that are unusual to the normal course of an assessment of the building. Miscellaneous electrical materials include old electrical wiring, switchboards, transite panels, etc. Miscellaneous gasket materials can be found between (thermal) valves, on boiler doors, between fittings, between molds, etc. These codes give the Inspector the ability to qualify materials, which sometimes may not be considered as ACM. 8. An Asbestos Code Sheet is included with the Inspector's inspection report, which informs the client as to the Homogeneous Codes used during the inspection process. Page 80 of 549 9. Caution- Regarding Inspection results- Floor tiles, adhesives, and drywall (mud) found to not contain asbestos should be re -analyzed under the "Chatfield Method" of TEM analysis. Many times the results from having these materials analyzed under PLM results in false positives or false negatives. After reviewing your report, please notify the inspector if you want these samples analyzed under the "Chatfield Method". 10. Any sample less than 10% asbestos may be Point Counted. Point counting is a more accurate method of analyzing of bulk samples. The results of the point counting are the results that will determine if the material will be treated as asbestos. 11. Asbestos inspections are performed based on current understanding of the regulations. As new interpretations of the regulations are made aware of by the EPA, DNR, and Iowa Division of Labor. Advanced Environmental Testing and Abatement Inc. will adapt their inspections to comply with these new procedures. If additional sampling is required by the different agencies, Advanced Environmental will do the additional sampling. The owner is responsible for the additional cost for these samples as well as labor. 12. Advanced Environmental shall not be responsible for any cost of abating any additional asbestos discovered in any renovation or demolition activities. Any additional items discovered shall be tested when they become accessible. For example, old adhesive may be under new floor tiles and adhesive. Additional materials may be concealed in walls, under multi layers of flooring, etc. 13. All amounts listed are estimates. It is up to other contractors to field verify any amounts that are listed within this report. 14. All material that looks similar should be treated as asbestos containing materials. 15. Asbestos Material containing <1%. Some material tested for asbestos may contain trace amounts of asbestos and be below the threshold for asbestos contain material according to both the Iowa DNR and Iowa State Code.. However, the Federal Occupational Safety and Health Administration still have some regulations that contractors must follow under 29 CFR 1926.1101. Contractors working with asbestos material with <1% asbestos must still produce a negative and initial exposure assessment, completed by a "competent person". Contractors must follow 29 CFR 1926. 1101 (g)(1)(ii) and (iii) and 29 CFR 1926. 1101(g)(3)(i), (ii), and (iv). Please contact Advanced Environmental Testing and Abatement, Inc. for consultation on how to handle material with <1% asbestos. 16. Flat roofs: If any layer of a flat roof tests positive for asbestos, all layers should be considered asbestos and removed as such. Advanced Environmental makes every effort to core roof samples through all layers. Page 81 of 549 ASBESTOS CODES A = Assumed ADH = Adhesive APW = Air Cell Pipe Wrap BP = Boiler Plaster C = Ceiling CAPS = Stair Treads CQ = Can't Quantify CT = Ceiling Tiles CT/12 = 12" Ceiling Tiles DAM. = Damaged DEB = Debris DW = Drywall F = Friable FE = Furnace Exhaust FT = Floor Tiles GASK = Gaskets GYM = Gypsum HOMO = Homogeneous LINO = Linoleum MISC = Miscellaneous Non Friable MAC = Metal Asbestos Chimney MATL DESC = Material Description MD = Metal Door ME = Miscellaneous Electrical MF = Miscellaneous Friable MJ = Mudded Joint NC = Nose Cap NF = Non Friable NSM = Not Suspect Material P or PH = Previous History PP = Patched Plaster/Drywall PSA = Sand Plaster PSM = Smooth Plaster S = Sample/Samples/Sampled SCT = Suspended Ceiling Tile SR = Sample Result ST = Storage Tank SUR = Surfacing T = Thermal Thermal Pipe Measurement = Linear Ft TR = Transite TSI = Thermal System Insulation VC = Vibration Cloth VDW = Vinyl Covered Drywall W = Walls WD = Wood Door N = North S = South E = East W = West 1. All Metal Doors are listed by quantities, example 3 = 3 metal doors. 2. All Mudded Joints are listed by quantities of MJ, not sizes. 3. All Pipe Wrap materials are listed in linear feet. 4. All other measurements are square feet unless stated elsewhere. 5. Sample Results: N = Not Considered Asbestos Containing Material Y = Considered Asbestos Containing Material P or PH = Previous History N/A = Not Analyzed <1 % = Contains less than 1% Asbestos Containing Material >1 % = Contains more than 1% Asbestos Containing Material 6. All Adhesives are considered Asbestos Containing Material (ACM) which can't be quantified - Non Friable ACM. 7. All Seals and Gaskets are considered Asbestos Containing Material (ACM) which can't be quantified — Non Friable ACM. Page 82 of 549 SECTION 4 REPORT DATA BUILDING NAME: Residence — 1402 Mulberry Street — Waterloo, IA INSPECTION AREAS: Throughout CLIENT CONTRACT: City of Waterloo — Aric Schroeder METHOD: All samples are sent to EMC LABS, INC in Phoenix, Arizona. EMC LABS is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP accreditation (NVLAP #: 101926-0). Sampling was completed by a State of Iowa licensed asbestos inspector. Sampling methods were based on National Emission Standards for Hazardous Air Pollutants (NESHAPS) protocols. Bulk samples of suspect asbestos containing material were analyzed by Polarized Light Microscopy (PLM) using EPA Method 600-R93-116. OVERVIEW: An asbestos inspection was conducted at the residence located at 1402 Mulberry Street in Waterloo, IA on November 25th, 2024. The house had a fire recently. The house has two stories. At the time of inspection, a total of twenty-one samples were analyzed with forty-four layers analyzed for asbestos content. Each sample is broken down by layers if necessary (I.e. floor tile and mastic). Samples can be categorized by miscellaneous, surfacing, and thermal. The following samples were taken of each: Miscellaneous samples tested include: Window glazing Wall coating 9" x9" floor tile & mastic (on felt paper) Black felt paper on floor Chimney coating Surfacing samples included: Plaster /skim coat Thermal samples include: Duct paper Refractory cement Pipe patch Sheet flooring Wall tile adhesive Roof shingles on felt paper White caulk on chimney Attic Insulation Page 83 of 549 POSITIVE SAMPLE RESULTS: The following samples tested positive (>1%) for asbestos: 4) Duct paper basement & wall cavities 6) Refractory cement — Basement — east side of chimney (soft) 20) Black coating on roof chimney 21) Black coating on roof chimney SECTION 5 85% Chrysotile 5% Chrysotile 5% Chrysotile 5% Chrysotile The inspection was to identify asbestos containing materials prior to demolition. The Inspection entailed a visual assessment of the property for suspect asbestos containing materials, collection, and submittal of bulk samples for analysis. In the State of Iowa, asbestos is regulated by the Iowa Department of Natural Resources and the Iowa Division of Labor. CONCLUSIONS AND RECOMMENDATIONS This house was involved in a fire. There is a lot of debris throughout this house to the duct paper in the basement. Positive samples 1) l saw 2-3 locations in the basement under metal cover on ceilings (may be more). I only saw one cavity wall with asbestos but there should be 1 or 2 more locations. There is approximately 50 sq. ft. of this material. More if discovered in other wall cavities 2) There is a soft insulation on the basement chimney, east side. Approximately 1 sq. ft. 3) The chimney has a black coating — I assume all of the brick will have to be removed in order to complete the removal. There is approximately 20-25 sq. ft. of this material There is a rough drawing of the locations that were spotted in the house. Page 84 of 549 APPENDIX A SAMPLE INVENTORY LIST, LAB ANALYSIS Page 85 of 549 Facility Name/Site Location Inspected By: Jay Llewellyn 11/25/2024 S7 3 m CC e o C] ee o e 0 o e= o .m y e' C..)o at0 in m e o 0%,5% Chrysotile 1 a 0 e 0 e o oe 4 �e C) e o e �e 0 i o e 0 a o e o a 0 e o of 00 �e C] e Coe e 0 e o e a so e CI ai o ei o e CI e C7 i 0 oe 0 5% Chrysotile,0% 5% Chrysotile , 0% Current Condition good good good 1 good 1 good some damage some damage damaged 01 l0 to MI E 0 engo 01 l9 co 'CI E O some damage of f6 E I13 0 E 0 w damaged damaged good some damage some damage good good "0 0 G rgood City of Waterloo - Residence 1402 Mulberry Street Waterloo, IA 50703 Location I O G 3 v 0 Throuhgout - sample from stairwelll wall Throughout - sample from SW entry area Sample from wall cavity Basement - West side on west side of shower Basement - in chimney exhaust on east side Basement walls - sample from NE comer Basement walls - sample from North wall Laying on floor 2nd floor at the top of stairs - landing+-60 sq. ft 2nd floor - SE Bedroom +-120 sq. ft. 2nd floor - NW bedroom +- 220 sq. ft. 2nd floor bathroom - South wall +-100 sq. ft. 2nd floor - Sample from NW bedroom ceiling 2nd floor - Sample from hallway ceiling 2nd floor - SW bedroom (under carpeting) +-120 sq. ft. Basement windows Exterior at base of wall 2 layers of roof shingles - New grey over old grey 2 layers of roof shingles - New brown over old grey • Roof - Coating chimney (over brick) - caulk near top Roof - Coating chimney (over brick) Color a) Z grey / white _ grey 1 white white -grey grey a a;ch L 3 grey grey co c O 3 1 grey / black / black grey / black 1 black Yellowish 1 grey grey - white 1 white grey - white 1 white black . # 1 grey Grey 1 black 1 black Brown 1 black 1 black d E. r s.) to black - grey 1 white _ Material al c rn 3 o Plaster / skim coat Plaster / skim coat I 0. u Pipe patch Refractory cement Wall coating Wall coating Wall attic insulation Sheet flooring 9" x 9" floor tile / mastic / felt 9" x 9" floor tile / mastic / felt Wall adheisve on plaster Plaster / skim coat over drywall Plaster / skim coat over drywall Felt paper al C la 3 o c Wall coating Roof shingles (2 layers) / felt Roof shingles (2 layers) / felt Chimney coating / caulk Chimney coating 1 caulk 1 0 z m Q. E A N e- N t�I Iff 1p h @ O1 r r r e.- ersd m r I20 _ N 86 of 549 Client: Address: Collected: Project Name: Address; EMC LABS, INC. 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/25/2024 CITY OF WATERLOO-1402 MULBERRY STREET -WATERLOO, IA Job# 1 P.O. #: Date Received: Date Analyzed: Date Reported: Submitted By: Collected By: EPA Method: 24-29398 B 11/26/2024 11/27/2024 12/02/2024 JAY LLEWELLYN Laboratory Report 0322762 App.E to Sub.E of 40 CFR Part 763 and EPA16001R-93 Lab ID Client ID Sample Layer Name / Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322762-001 1 Window Glazing, WhteiGray No None Detected Carbonates Quartz Non -Fibrous BinderlFiller 100% 0322762-002 THROUGHOUT- 2 SAMPLE FROM STAIRWELL LAYER 1 Plaster, Gray No None Detected LAYER 2 No None Detected Skim Coat, White LAYER 3 Texture/Paint, White/Blue Note Layer is mainly Paint - little Texture present No None Detected Quartz Gypsum Non -Fibrous Binder/Filler 100% Quartz Gypsum Non -Fibrous Binder/Filler 100% Carbonates Quartz Non -Fibrous Binder/Filler 100% 0322762-003 THROUGHOUT- LAYER 1 3 SAMPLE FROM SW Plaster, Gray ENTRY AREA LAYER 2 Skim Coat White Note. Sample appears to be Brown No None Detected No None Detected Quartz Gypsum Non -Fibrous Binder/Filler 100% Quartz Gypsum Non -Fibrous BinderlFiller 100% 0322762-004 4 Duct Paper, White/Gray Yes Chrysotile 85 % Cellulose Fiber 5% Carbonates Gypsum Non -Fibrous Binder/Filler 10% Page 1 of 8 Page 87 of 549 Client: Address: Collected; Project Name: Address: EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322762 Phone: 800-362.3373 or 480.940.5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST_ WATERLOO, IA 50703 11/25/2024 CITY OF WATERLOO-1402 MULBERRY STREET -WATERLOO, IA Job# / P.O. #: 24-29398 B Date Received: 11/26/2024 Date Analyzed: 11/27/2024 Date Reported: 12/02/2024 Submitted By: JAY LLEWELLYN Collected By: EPA Method: App,E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Client ID Sample Layer Name / Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322762-005 BASEMENT 5 Pipe Patch, Gray No None Detected Cellulose Fiber 85% Carbonates Quartz Non -Fibrous Binder/Filler 15i 0322762-006 BASEMENT 6 LAYER 1 No None Detected Refractory Cement, White/Gray LAYER 2 Insulation, GrayMlhite Yes Chrysotile 5% Quartz Gypsum Non -Fibrous Binder/Filler 100% Fibrous Glass 30% Carbonates Quartz Non -Fibrous Binder/Filler 65% 0322762-007 BASEMENT 7 Wall Coating, Gray No None Detected Cellulose Fiber 1% Quartz Gypsum Non -Fibrous Blnder/Filler 99% 0322762-008 BASEMENT 8 Wall Coating, Gray No None Detected Quartz Gypsum Non -Fibrous Binder/Filler 100% 0322762-009 9 Wall Attic Insulation, Brown No None Detected Cellulose Fiber Carbonates Non -Fibrous Binder/Filler 5% 95% Page 2 of 8 Page 88 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 5. 51st Street, Suite B109, Phoenix, AZ 85044 0322762 Phone: 800-362-3373 or480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/25/2024 CITY OF WATERLOO-1402 MULBERRY STREET -WATERLOO, IA Job# / P.O. #: Date Received: Date Analyzed: Date Reported: Submitted By: Collected By: EPA Method: 24-29398 B 11 /26/2024 11/27/2024 12/02/2024 JAY LLEWELLYN App.E to Sub.E of 40 CFR Part 763 and EPA16001R-93 Lab ID Client ID Sample Layer Name 1 Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322762-010 2ND FLOOR AT 10 TOP OF STAIRS LAYER t No None Detected Sheet Flooring, Wood Grain LAYER 2 No None Detected Mastic, Dk. Brown/Yellow Fibrous Glass 20% Carbonates Quartz Non -Fibrous Binder/Filler 80% Cellulose Fiber 2% Synthetic Fiber a1 % Carbonates Quartz Non -Fibrous Binder/Filler 97% 0322762-011 2ND FLOOR -SE 11 BEDROOM LAYER 1 9"x 9" Floor Tile, Gray LAYER 2 Mastic, Black LAYER 3 Felt, Black No None Detected No None Detected No None Detected Carbonates Quartz Non -Fibrous Binder/Filler 100% Carbonates Quartz Non -Fibrous Binder/Filler 100% Cellulose Fiber 40% Carbonates Quartz Non -Fibrous Binder/Filler 60% Page 3 of 8 Page 89 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322762 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST_ WATERLOO. IA 50703 11/25/2024 CITY OF WATERLOO-1402 MULBERRY STREET-WATERLOOr IA Job# / P.O. #: 24-29398 B Date Received: 11 /26/2024 Date Analyzed: 11/27/2024 Date Reported: 12/02/2024 Submitted By: JAY LLEWELLYN Collected By; EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPAI600IR-93 Lab ID Client ID Sample Layer Name / Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322762-012 2ND FLOOR -NW 12 BEDROOM LAYER 1 9"x 9" Floor Tile. Gray LAYER 2 Mastic Black LAYER 3 Felt, Black No None Detected Carbonates Quartz Non -Fibrous Binder/Filler 100% No None Detected Cellulose Fiber <1 % Carbonates Quartz Non -Fibrous Binder/Filler 99% No None Detected Cellulose Fiber 40% Carbonates Quartz Non-Flbrous Binder/Filler 60% 0322762-013 2ND FLOOR 13 BATHROOM LAYER 1 No None Detected Wall Adhesive, Yellowish LAYER 2 Plaster, Gray No None Detected Carbonates Quartz Non -Fibrous Binder/Filler 100% Quartz Gypsum Non -Fibrous Binder/Filler 100% Page 4 of 8 Page 90 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322762 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Lipht Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/25/2024 CITY OF WATERLOO-1402 MULBERRY STREET -WATERLOO, IA Job# / P.O. #: 24-29398 B Date Received: 11/26/2024 Date Analyzed: 11/27/2024 Date Reported: 12/02/2024 Submitted By: JAY LLEWELLYN Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA1600IR-93 Lab ID Client ID Sample Layer Name 1 Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322762-014 2ND FLOOR- LAYER 1 14 SAMPLE FROM NW Plaster. Gray BEDROOM No None Detected LAYER 2 No None Detected Skim Coat, White Quartz Gypsum Non -Fibrous Binder/Filler 100% Quartz Gypsum Non -Fibrous Binder/Filler 100% LAYER 3 No None Detected Cellulose Fiber Drywall, White 10% Gypsum Quartz Non -Fibrous BinderlFiller 90% 0322762-015 2ND FLOOR- 15 SAMPLE FROM HALLWAY LAYER 1 Plaster, Gray No None Detected LAYER 2 No None Detected Skim Coat, White LAYER 3 Drywall, White No None Detected Quartz Gypsum Non -Fibrous Binder/Filler 100% Quartz Gypsum Non -Fibrous Binder/Filler 100% Cellulose Fiber 10% Gypsum Quartz Non -Fibrous Binder/Filler 90% 0322762-016 2ND FLOOR -SW Felt Paper, Beige 16 BEDROOM No None Detected Cellulose Fiber 40% Carbonates Quartz Non -Fibrous Binder/Filler 60% Page 5 of 8 Page 91 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 5. 61st Street, Suite B109, Phoenix, AZ 85044 0322762 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/25/2024 CITY OF WATERLOO-1402 MULBERRY STREET -WATERLOO, IA Job# / P.O. #: 24-29398 B Date Received: 11/26/2024 Date Analyzed: 11/27/2024 Date Reported: 12/02/2024 Submitted By: JAY LLEWELLYN Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPAI6001R-93 Lab ID Client ID Sample Layer Name / Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322762-017 BASEMENT 17 Window Glazing, White No None Detected Carbonates Quartz Non -Fibrous Binder/Filler 100% 0322762-018 EXTERIOR 18 Wall Coating, Gray No None Detected Quartz Gypsum Non -Fibrous Binder/Filler 100% 0322762-019 ROOF 1BA LAYER 1 Roof Shingle - 1st Layer. Gray LAYER 2 Tar, Brown LAYER 3 Roof Shingle - 2nd Layer, Black LAYER 4 Roof Shingle, Black No None Detected No None Detected No None Detected No None Detected Cellulose Fiber 20% Carbonates Quartz Non -Fibrous Binder/Filler 80% Cellulose Fiber <1 % Carbonates Quartz Non -Fibrous Binder/Filler Synthetic Fiber Fibrous Glass Carbonates Quartz Non -Fibrous Binder/Filler 80% Cellulose Fiber 20% Carbonates Quartz Non -Fibrous Binder/Filler 80% Please see EMC Labs Sample Number 0322762-023 for Additional Layer 99% 15% 5% Page 6 of 8 Page 92 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322762 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11 /2 5/2024 CITY OF WATERLOO-1402 MULBERRY STREET -WATERLOO, IA Job# / P.O. #: Date Received: Date Analyzed: Date Reported: Submitted By: Collected By: EPA Method: 24-29398 B 11/26/2024 11/27/2024 12/02/2024 JAY LLEWELLYN App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Client ID Sample Layer Name ! Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322762-020 ROOF 19 LAYER 1 No None Detected Fibrous Glass 20% Roof Shingle - 1st Layer, Brown Carbonates Quartz Non -Fibrous Binder/Filler 80% LAYER 2 No None Detected Cellulose Fiber 30% Root Shingle - 2nd Layer, Black Carbonates Quartz Non -Fibrous Binder/Filler 70% LAYER 3 No None Detected Fibrous Glass 35% Felt, Beige Carbonates Quartz Non -Fibrous Binder/Filler 65% 0322762-021 ROOF 20 LAYER 1 Yes Chrysolite Chimney Coating. Black/Gray LAYER 2 Caulk, White No None Detected 5% Fibrous Glass 15% Carbonates Quartz Non -Fibrous Binder/Filler 80% Carbonates Quartz Non -Fibrous Binder/Filler 100% 0322762-022 ROOF 21 LAYER 1 Chimney Coating, Black/Gray Yes Chrysotile 5`Y6 Fibrous Glass 15% Carbonates Quartz Non -Fibrous Binder/Filler 80% LAYER 2 No None Detected Glazing/Caulk, Gray Carbonates Quartz Non -Fibrous Binder/Filler 100% 0322762-023 ROOF - Felt, Black 18A ADDITIONAL LAYER No None Detected Fibrous Glass 30% Carbonates Quartz Non -Fibrous Binder/Filler 70% Page 7 of 8 Page 93 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322762 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/25/2024 CITY OF WATERLOO-1402 MULBERRY STREET -WATERLOO, 1A Job# / P.O. #: 24-29398 B Date Received: 11/26/2024 Date Analyzed: 12/02/2024 Date Reported: 12/02/2024 Submitted By: JAY LLEWELLYN Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPAl6001R-93 Lab ID Client ID Sample Layer Name 1 Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents Analyst: Matt Kettler Ryan McDonough Test Date: Samples Tested: 12/02/2024 322762023 11/27/2024 Analyst - Ryan McDonough 322762001 322762002 322762003 322762004 322762005 322762006 322762007 322762008 322762009 322762010 322762011 322762012 322762013 322762014 322762015 322762016 322762017 322762018 322762019 322762020 322762021 322762022 Signatory - Lab Director - Kurt Kettler patine*. loathed. sary separable torero of samples are analynd a auhaamples of Pis 'tole and re reposed saparafery for each discernible Myer Al amly7ea w demred from calibrated visual *slim* and meaured in ant percent unless a.hnwar noted- The report applies to the standards or procedures idena1aa and to the samplefal tested. Thrust results roe net necessarily IR teahve or repraantathrt of the warms of me* l from 'hell the sample wet token or of apparently identical or smear products. nor do Pity represent an ongarg quality assurance program unless so noted. The report le for the occlusive vet o1 the addressed dent and rod not be reproduced %bogy or In pert for adwdeeg or idler purposes over our signature or in connection ram our name *haul special written permraon The report shoe not be reproduced except in NIL whmout 'oaten approval by ors lebototory. The samples not destroyed m testing are retard a mar mum of nary days. The taboretory me.uremor0 of uncedmnry In me teat method a oppresmately lets man 1 by area percent, Amedted by the National lnsbbde of Standards and Technology Voluntary Laboratory Aeeredeafnn Program ter selected lest method's) fro asbestos. TM ecwedaaton al any reports generated by Pin leborett y In no way cdremutes or anpltn product certrecaert approve. or endorsement by the National Institute of Standards and Technobgy. The report must not be used by Pie client to Pam faddvct eeroli.ata]f1. approval or e.Monemem by NVLAP NISI et any agency of me Federal Government Page 8 of 8 Page 94 of 549 APPENDIX B INSPECTOR LICENSE AND CERTIFICATION Page 95 of 549 JAY LLEWELLYN DOB: 05-31-1961 Issued: 04-12-2024 This person is licensed to perform asbestos work in the State of Iowa. ID card is intended for official use only and must be present on iobsite. License Type Number Expires INSPECTOR 2411702 04-10-2025 SUPERVISOR 23-10998 11-15-2024 Asbestos Larry Johnson, Jr. Labor Commissioner Page 96 of 549 Page 97 of 549 APPENDIX C PICTURES Page 98 of 549 p%. ?rice- .� S''''.,r 4 Gawta ga t -G .,--...a.-.. b L V°i► 4J•4► d ..4 A- 1 w c. .1` —1 . l o 0-ir1nCn u-SV.,,]w it` ID 04.. C.x..n•N2„v "It — Page 99 of 549 D 0 i- ro..k Pone Page 100 of 549 1 i 0 a IMF, toe. s jz,` Page 101 of 549 City of Waterloo - 1402 Mulberry Street Page 102 of 549 Front Porch Window glazing- NO ASBESTOS Sample from Front Entry Room Throughout - Plaster- NO ASBESTOS Page 103 of 549 Sample from Rear Entry Room Throughout - Plaster- NO ASBESTOS Duct paper in Wall cavity - 85% Chrysotile Basement pictures Page 104 of 549 West side of basement - Pipe patch -- NO ASBESTOS Duct paper in the basement - 85% Chrysotite Page 105 of 549 Basement - Refractory cement (East side) - 50/0 Chrysotile Basement walls -Wall coating- NO ASBESTOS Page 106 of 549 1 Wall & Attic insulation — NO ASBESTOS Sheet flooring at top of stairs on 2nd floor — NO ASBESTOS 2nd floor - SE Bedroom 9" x 9" floor tile, mastic, felt paper — NO ASBESTOS Page 107 of 549 2nd floor - NW Bedroom 9" x 9" floor tile, mastic, felt paper— NO ASBESTOS 2nd floor bathroom —Wall Adhesive/plaster — NO ASBESTOS Sample from 2nd floor — NW Bedroom Throughout-- Plaster on drywall— NO ASBESTOS Page 108 of 549 Sample from 2nd floor hallway Throughout— Plaster on drywall-- NO ASBESTOS 2nd floor- SW bedroom (under carpet) -felt paper - NO ASBESTOS Basement windows - Glazing- NO ASBESTOS Page 109 of 549 Exterior -Wall coating- NO ASBESTOS Roof shingles -three layers on felt paper- NO ASBESTOS Page 110 of 549 Chimney on the roof - Black coating -- 5% Chrysotile Page 111 of 549 ASBESTOS INSPECTION REPORT INSPECTION ADDRESS City of Waterloo 512 Almond Street Waterloo, IA 50703 Project #: 24-29398B SUBMITTED TO: City of Waterloo Community Planning & Development 715 Mulberry Street Waterloo, IA 50703 Attn: Aric Schroeder, City Planner Page 112 of 549 ASBESTOS INSPECTION 12/05/2024 Date 24-11702 Inspector # 04/10/2025 License Expiration date Page 113 of 549 TABLE OF CONTENT 1. INTRODUCTION 2. DEFINITIONS 3. GENERAL BUILDING OBSERVATIONS 4. REPORT DATA a. METHOD b. REPORT DATA 5. PROJECT SUMMARY a. POSITIVE ASBESTOS SAMPLE LIST b. CONCLUSIONS AND RECOMMENDATIONS LIST OF APPENDICES APPENDIX A - SAMPLE INVENTORY LIST & LAB ANALYSIS APPENDIX B - INSPECTOR LICENSE AND CERTIFICATION APPENDIX C - PICTURES Page 114 of 549 SECTION 1 INTRODUCTION For each area of the building, the inspector performing the inspection did the following: 1. Visually inspected the area(s) to identify the locations of all suspect Asbestos Containing Building Materials. 2. Identify all homogeneous areas of friable and non -friable suspected asbestos. 3. Assume, if necessary, that some or all of the homogeneous area(s) are Asbestos Containing Material (ACM), and for each homogeneous area that is not assumed to be ACM, collect and submit bulk samples for analysis. Page 115 of 549 SECTION 2 DEFINITIONS: HOMOGENEOUS AREA An area which appears similar throughout in terms of color, texture, and date of material application. SURFACING MATERIAL Material in a building that is sprayed -on, troweled -on, or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes. THERMAL SYSTEM INSULATION Means material applied to pipes, fittings, boilers breeching, tanks ducts, or other interior structural components to prevent heat loss or gain, or water condensation, or other purposes. MISCELLANEOUS MATERIAL Interior building material on structural components, structural members or fixtures, such as floor and ceiling tiles, and does not include surfacing material or thermal system insulation. SAMPLING AND ANALYSIS All samples to be analyzed by Polarized Light Microscopy (PLM). Analysis was performed in accordance with EPA 40 CFR, Part 763, Appendix A to Subpart F. A homogeneous area was considered not to contain Asbestos Containing Material (ACM) only if the results of all samples collected from the area showed asbestos in the amounts of one (I) percent (%) or less L1 %). A homogeneous area contains ACM when one or more samples collected from that area shows greater than one (1) percent (%) asbestos (>1%). FRIABLE Any material containing more than one (1) percent (%) asbestos that, when dry can be crumbled, pulverized, or reduced to a powder by hand pressure. NON -FRIABLE (CATEGORY I) Asbestos containing packings, gaskets, resilient floor covering, and asphalt roofing products, containing more than one (1) percent (%) asbestos. NON -FRIABLE (CATEGORY II) Any excluding Non -Friable (Category l) Asbestos Containing Material, containing more than one (1) percent (%) asbestos. Page 116 of 549 SECTION 3 General Building Inspection Observations The building inspection is conducted by a qualified and State of Iowa licensed Asbestos Inspector. The purpose of a building inspection is to identify existing building materials that are asbestos containing materials (ACM). If the inspection is conducted in an occupied building, the Inspector is sometimes denied accessibility to building areas and materials; i.e., the Inspector may not be allowed to cut through floor coverings or walls, remove quarry tiles, etc. There are many situations where ACM are concealed in wall cavities and other non -accessible areas, such as tunnels, crawl spaces, above ceilings, pipe chases, behind wall coverings, beneath debris piles, under various floor coverings, etc. When these situations occur in construction, renovation, and/or demolition, etc., materials in these areas shall be treated as ACM and handled as such by qualified and licensed asbestos personnel. If suspect asbestos containing material is discovered or damaged during the course of any activities, the material shall be considered and treated as ACM to diminish further fiber release. In addition, the Inspector uses an independent laboratory that analyzes the bulk building material samples using Polarized Light Microscopy (PLM). PLM analysis technique may not be as accurate as more expensive analysis techniques for certain building materials. It remains the Building Owner and/or Representative(s)' responsibility to address this issue and consider analyzing suspect building material using different analysis techniques prior to disturbing the material(s). The following are areas that may not be inspected. I. Tunnels and Crawl Spaces: During the inspection process, the Inspector attempts to check tunnels and crawl spaces for ACM and the degree of damage to the materials. In most cases, quantification of ACM in these areas is impossible due to the inaccessibility to these areas. In addition, these areas may fall under: "Confined Space Regulations". Due to the congestion in tunnels and crawl spaces, obtaining an accurate quantification for mudded joints, pipe wrap, etc. is almost impossible. The Inspector will quantify ACM only in accessible tunnels and crawl spaces, and estimate the quantities in the inaccessible areas. Some reasons for inaccessibility are as follows: flooded areas, pipe congestion, asbestos and other debris, electrical hazards, confined spaces, unknown gas emissions, low ceilings, etc. 2. Boilers and Thermal System Insulation: Interior portions of boilers, heaters, storage tanks, etc. are not always accessible. Materials in these areas will be treated as ACM. Areas of concern are packing inside boiler doors and liners. Use extreme care and properly trained personnel when handling these types of materials. Some boilers have insulated metal jackets over fiberglass or ACM. Thermal system insulation can be found in many different forms; i.e., air cell, preformed magnesium block, millboard, etc. All fiberglass materials are excluded as suspect ACM. 3. Debris: In areas where damaged ACM may be found there may and usually will Page 117 of 549 be ACM debris in the general area of the damaged material. These areas shall be treated with the utmost care even during the inspection and quantification process. The Inspector considers any exposure to this type of material as a health threat. 4. State of Quantification: As a general rule, individual rooms or areas of estimation contain inherently more probability of an error than those groups of rooms or areas or an entire building. In other words, the aggregate tends to be more accurate than the sums of the individual parts. Therefore, when designing response actions (measurements, air samples, etc.), the project designer and the asbestos abatement contractor's attention shall be given to ensure that quantification of materials and proper methods are followed through careful analysis of the site. If materials are quantified, the asbestos abatement contractor or owner, owner representatives or third parties are responsible for verifying the quantities. 5. The Inspector may take some latitude in the presentation of the Inspection Report. When the Inspector has found floor tiles, linoleum, and/or carpeting listed he/she may or may not have adhesives listed. Adhesives have been known to contain asbestos and therefore, although not mentioned, it may be presumed to be ACM, listed or not. Testing of the adhesive prior to disturbing is recommended. The same is true for adhesives or mastics used to adhere linoleum to floors or counter tops. All toweled -on and/or sprayed -on surfacing materials; i.e., floor mastics, wall and ceiling surfacing, etc. are either suspected or presumed ACM unless sampled and analyzed to indicate that they are not ACM. 6. In the Inspection Report, certain items such as mudded joints (MJ) or metal doors (MD), etc. are listed as units or number of units; i.e. 10 MJ, 3 Damaged, which is an indication of count rather than square feet or linear feet. Most materials listed in the assessment are either listed as square feet or linear feet with these noted exceptions. 7. In the Assessment Process, there are additional codes such as ME and MG; ME representing miscellaneous electrical and MG representing miscellaneous gasket materials. Both of these codes are used to indicate materials that are unusual to the normal course of an assessment of the building. Miscellaneous electrical materials include old electrical wiring, switchboards, transite panels, etc. Miscellaneous gasket materials can be found between (thermal) valves, on boiler doors, between fittings, between molds, etc. These codes give the Inspector the ability to qualify materials, which sometimes may not be considered as ACM. 8. An Asbestos Code Sheet is included with the Inspector's inspection report, which informs the client as to the Homogeneous Codes used during the inspection process. Page 118 of 549 9. Caution- Regarding Inspection results- Floor tiles, adhesives, and drywall (mud) found to not contain asbestos should be re -analyzed under the "Chatfield Method" of TEM analysis. Many times the results from having these materials analyzed under PLM results in false positives or false negatives. After reviewing your report, please notify the inspector if you want these samples analyzed under the "Chatfield Method". 10. Any sample less than 10% asbestos may be Point Counted. Point counting is a more accurate method of analyzing of bulk samples. The results of the point counting are the results that will determine if the material will be treated as asbestos. 11. Asbestos inspections are performed based on current understanding of the regulations. As new interpretations of the regulations are made aware of by the EPA, DNR, and Iowa Division of Labor. Advanced Environmental Testing and Abatement Inc. will adapt their inspections to comply with these new procedures. If additional sampling is required by the different agencies, Advanced Environmental will do the additional sampling. The owner is responsible for the additional cost for these samples as well as labor. 12. Advanced Environmental shall not be responsible for any cost of abating any additional asbestos discovered in any renovation or demolition activities. Any additional items discovered shall be tested when they become accessible. For example, old adhesive may be under new floor tiles and adhesive. Additional materials may be concealed in walls, under multi layers of flooring, etc. 13. All amounts listed are estimates. It is up to other contractors to field verify any amounts that are listed within this report. 14. Ail material that looks similar should be treated as asbestos containing materials, 15. Asbestos Material containing <1%. Some material tested for asbestos may contain trace amounts of asbestos and be below the threshold for asbestos contain material according to both the Iowa DNR and Iowa State Code.. However, the Federal Occupational Safety and Health Administration still have some regulations that contractors must follow under 29 CFR 1926.1101. Contractors working with asbestos material with <1 % asbestos must still produce a negative and initial exposure assessment, completed by a "competent person". Contractors must follow 29 CFR 1926. 1101 (g)(1)(ii) and (iii) and 29 CFR 1926. 1101(g)(3)(i), (ii), and (iv). Please contact Advanced Environmental Testing and Abatement, Inc. for consultation on how to handle material with <1% asbestos. 16. Flat roofs: If any layer of a flat roof tests positive for asbestos, all layers should be considered asbestos and removed as such. Advanced Environmental makes every effort to core roof samples through all layers. Page 119 of 549 ASBESTOS CODES A = Assumed ADH = Adhesive APW = Air CeII Pipe Wrap BP = Boiler Plaster C = Ceiling CAPS = Stair Treads CQ = Can't Quantify CT = Ceiling Tiles CT/12 = 12" Ceiling Tiles DAM. = Damaged DEB = Debris DW = Drywall F = Friable FE = Furnace Exhaust FT = Floor Tiles GASK = Gaskets GYM = Gypsum HOMO = Homogeneous LINO = Linoleum MISC = Miscellaneous Non Friable MAC = Metal Asbestos Chimney MATL DESC = Material Description MD = Metal Door ME = Miscellaneous Electrical MF = Miscellaneous Friable MJ = Mudded Joint NC = Nose Cap NF = Non Friable NSM = Not Suspect Material P or PH = Previous History PP = Patched Plaster/Drywall PSA = Sand Plaster PSM = Smooth Plaster S = Sample/Samples/Sampled SCT = Suspended Ceiling Tile SR = Sample Result ST = Storage Tank SUR = Surfacing T = Thermal Thermal Pipe Measurement = Linear Ft TR = Transite TSI = Thermal System Insulation VC = Vibration Cloth VDW = Vinyl Covered Drywall W = Walls WD = Wood Door N = North S = South E = East W = West 1. All Metal Doors are listed by quantities, example 3 = 3 metal doors. 2. All Mudded Joints are listed by quantities of MJ, not sizes. 3. All Pipe Wrap materials are listed in linear feet. 4. All other measurements are square feet unless stated elsewhere. 5. Sample Results: N = Not Considered Asbestos Containing Material Y = Considered Asbestos Containing Material P or PH = Previous History N/A = Not Analyzed <1 % = Contains less than 1% Asbestos Containing Material > 1 % = Contains more than 1% Asbestos Containing Material 6. All Adhesives are considered Asbestos Containing Material (ACM) which can't be quantified - Non Friable ACM. 7. All Seals and Gaskets are considered Asbestos Containing Material (ACM) which can't be quantified — Non Friable ACM. Page 120 of 549 SECTION 4 REPORT DATA BUILDING NAME: Residence — 512 Almond Street — Waterloo, IA INSPECTION AREAS: Throughout CLIENT CONTRACT: City of Waterloo — Aric Schroeder METHOD: All samples are sent to EMC LABS, INC in Phoenix, Arizona. EMC LABS is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP accreditation (NVLAP #: 101926-0). Sampling was completed by a State of Iowa licensed asbestos inspector. Sampling methods were based on National Emission Standards for Hazardous Air Pollutants (NESHAPS) protocols. Bulk samples of suspect asbestos containing material were analyzed by Polarized Light Microscopy (PLM) using EPA Method 600-R93-116. OVERVIEW: An asbestos inspection was conducted at the residence located at 512 Almond Street in Waterloo, IA on November 22nd & 25th, 2024. This is a 1 story warehouse storage building. The original building was built in 1953 with an addition added on in 1964. This building is full of garbage & debris. At the time of inspection, a total of forty-three samples were analyzed with eight -four layers analyzed for asbestos content. Each sample is broken down by layers if necessary (I.e. floor tile and mastic). Samples can be categorized by miscellaneous, surfacing, and thermal. The following samples were taken of each: Miscellaneous samples tested include: Roof felts, flashing, & tar Roof shingles Foam insulation on walls with adhesive 12" x 12" floor tile & mastic Styrofoam wall insulation adhesive 2' x 2' ceiling tile Freezer door insulation Surfacing samples included: Plaster /skim coat Thermal samples include: Attic insulation Roof vent tar Chimney flashing tar 2' x 4' ceiling tile Paneling adhesive 9" 9" floor tile & mastic Drywall joint compound Wall adhesive Page 121 of 549 SECTION 5 POSITIVE SAMPLE RESULTS: The following samples tested positive (>1 %) for asbestos: 1) Roof flashing to building - North roof — south wall (loading dock) +- 100 In. ft. 2 to 40% Chrysotile 2) Roof felts - North roof +- 1272 sq. ft. (Roof had some weak spots) 40% Chrysotile 3) Roof felts - North roof +- 1272 sq. ft. (patch was negative) 40% Chrysotile 4) Roof flashing to building - North roof - North wall +- 100 In. ft. 5 to 40% Chrysotile 5) Roof edge tar (where there is no parapet wall) +- 90 In. ft. 2 to 40% Chrysotile 6) Roof Felts - North roof (tar at base of vent was negative) 40% Chrysotile 10) Roof flashing tar - Middle roof (west)- South wall +- 54 In. ft 2 to 5% Chrysotile 11) Roof flashing tar - Middle roof - (west) North wall +- 54 In. ft. 5% Chrysotile 12) Chimney flashing tar - at base of chimney +- 12 In. ft. 2 to 40% Chrysotile 13A) Roof vent tar - at base of roof vents +- 7 vents 5% Chrysotile 14) Roof felts- Middle roof - Center section (under rubber roof & shingles) 40% Chrysotile 15) Roof felts / shingle mastic - East section (under rubber roof & shingles)3% Chrysotile 16) Roof flashing - Middle East roof - on parapet wall under rubber +- 30 In. ft. 5% Chrysotile 18) Roof flashing - middle roof - center section (under rubber) 40% Chrysotile 20) Roof tar - middle roof - middle section - roof vent +- 1 sq. ft. 5% Chrysotile 28) Black paneling adhesive - SW garage on wood +300 In. ft. 5% Chrysotile 29) Black wall adhesive on block walls - SW garage area +-300 sq. ft 3% Chrysotile 30) 9" x 9" floor tile - SW garage area - east side (under debris pile) +260 sq. ft. 5% Chrysotile 30) Mastic for above +- 260 sq. ft. 10% Chrysotile 32) 9" x 9" floor tile - SW garage area - east side (under debris pile) +260 sq. ft. 5°/a Chrysotile 32) Mastic for above +- 260 sq. ft. 10% Chrysotile 33) Drywall joint compound - SW garage area — East side +- 260 sq. ft. 3% Chrysotile 34) Drywall joint compound - SW garage area — East side +- 260 sq. ft. 3% Chrysotile 35) Drywall joint compound — NW Storage area — (lots of debris)+- 500 sq. ft. 3% Chrysotile 39A) Black wall adhesive- Lower level — North middle room +- 1,000 sq. ft. 5% Chrysotile 40) Black wall adhesive- Lower level — North middle room +- 1,000 sq. ft. 5% Chrysotile The inspection was to identify asbestos containing materials prior to demolition. The Inspection entailed a visual assessment of the property for suspect asbestos containing materials, collection, and submittal of bulk samples for analysis. In the State of Iowa, asbestos is regulated by the Iowa Department of Natural Resources and the Iowa Division of Labor. Page 122 of 549 CONCLUSIONS AND RECOMMENDATIONS This building is full of debris and may require a dumpster for the debris as I don't see much room to put it in other locations. There is one room that was empty, but it was not very big. Some of the debris has been contaminated with drywall joint compound. Positive samples: Exterior Roofs 1) North roof — The felts and flashing contain asbestos. This whole roof will need to be removed. (Felts flashing, edge tar) There is approximately 1,272 sq. ft. of roof felts, 100 In. ft. of roof flashing on parapet walls, and 90 In. ft. of roof flashing/tar on the edge where there is no parapet wall.\ 2) The middle roof has 3 sections. a. The West side has roof shingles over roof felts. b. The West side has a chimney and 7-8 protrusions with roof tar at the base of the units. c. The middle & East side have rubber, over shingles, over roof felts. The North and south parapet walls had some flashing (some of this is under rubber as well) d. The east edge did not appear to have any flashing. e. The SE section has a roof that looks to be built over the top of the original roof. There was nothing on the built up part of the roof. Rubber on wood. I am assuming it is under this built up section. f. One of the vents on the rubber section had a black tar on the inside of the stack pipe (see picture) g. There is approximately 2,500 sq. ft. of roof felts under rubber roofing & shingles. There is approximately 100 In. ft. of roof flashing on the parapet walls 3) The SW garage roof did not contain any asbestos Interior is listed on the next page: Page 123 of 549 Interior 1) The SW garage area had 4 positive samples a. Black paneling adhesive on the wood strips on the West, South, & Partial East wall plus a wall at the South end in the middle of the room. Ther is approximately 300 In. ft. of black adhesive on the wood strips. b. There is Styrofoam in between the wood strips. It has a black adhesive holding it in place on the block walls. That was positive as well. There is approximately 300 sq. ft. of this material on the same walls as (a) c. There is floor tile and mastic on the East'/ of this building. There is a LARGE debris pile sitting on top of this material. There is approximately 260 sq. ft. of this material d. There is a drywall ceiling on the East'/Z as well. The joint compound was positive. It goes over on the West side a little bit. There is approximately 250 sq. ft of this material. 2) The NW storage area has a drywall ceiling that had positive joint compound. This room is also FULL of debris which will need to be moved . Some of the ceiling has fallen on some of the debris. There is approximately 500 sq. ft. of this material. 3) There is a room on the lower level in the middle North area that has a black adhesive on the block walls. This room also is FULL of debris. There is approximately 1,000 sq. ft. of this material. Page 124 of 549 APPENDIX A SAMPLE INVENTORY LIST, LAB ANALYSIS Page 125 of 549 Facility Name/Site Location Inspected By: Jay Llewellyn 11/22/2024 Results 10%,40%,2% Chrysotile 40% Chrysotile 0%,40% Chrysotile,0% 5%,40% Chrysotile,0% 2%,40% Chrysotile ...� 0%,40% Chrysotile O a 0%,0%,0% 0%,0% 5%,0%,2°% Chrysotile 5% Chrysoti9le, 0% 5%,40%,2% Chrysotlle 0%,0%.0% 5% Chrysotile,0% 40°%,0%,2°% Chrysotile 0%,3% Chrysotile 5%Chrysotile e 0 a e 0 0 0 in U e 0 v e O a —�, 0 7.1 N e• 0 e Ill, Current Condition some damage_ some damage some damage some damage some damage some damage damaged damaged damaged damaged damaged some damage good damaged damaged damaged some dames, some damage m ct a' m E 0 lb good .1 a 0 a) City City of Waterloo - Residence 512 Almond Street Waterloo, IA 50703 Location North roof section over loading dock - south wall North roof sedtion middle of roof Roof patch in middle of roof at peak North roof section - North wall North roof section - roof edge where there is NO walls North roof section - at base of roof vent E co SW roof - North wall SW roof - North wall :Middle west roof - South wall Middle west roof - North wall Middle west roof - at base of chimney Middle west roof - 3 layers of roofing Middle west roof - roof vents (8 locations} Middle West roof - near North end (under rubber - east 1/2) , Middle East roof - near North end (under rubber - east 112) Middle East roof - North wall under rubber - old flashing) i Middle sloped part of middle of the valley Middle West roof - South wall {under rubber} Midldle West roof - East side - roof vent on south end Middlewest roof - east side - inside roof vent at top `0 o 0 Black 1 grey black black -white-black grey - black grey I black grey + black ,c u 0 ; 6 brown / grey / black grey / black Black / grey Black l grey black l grey brown I black 1 green black l brown - black 1 green black / brown black Black / black se u co 0 A White 1 black u m .0 To 0 0 Roof flashing - tar Roof flats Roof felts - tar Roof flashing 1 tar Roof tar! flashing Roof vent tar 1 felt Roof shigles / felt paper Roof shingles / scrim with tar Roof scrim with black tar Roof flashing 1 tar Roof flashing 1 tar Chimney flashing 1 tar Roof shingles / felt 1 shingles Roof vent tar on shingles Roof felts 1 shingles Roof felts 1 shingles7 Roof flashing Roof felts / tar Roof flashing 1 tar Roof vent caulk / tar i Roof tar a z 0. E' 0 N l ; r . N r7 in l0 n co a) O ,_ r r [¢ r r ,- r °r ,- N 26 of 549 Facility Name/Site Location Inspected By: Jay Llewellyn 11 /25/2024 I 3 H e O 0 0 ' O 0 o 9 0 e� 0 p e 0 p i 0 0%,0% 5% Chrysotile 0%,3% Chrysotile 5%,10% Chrysotile O 4i 0 0 5%,10% Chrysotile 03/4,3% Chrysotile 0%,3% Chrysotile 0%,3% Chrysotile 0 i 0 ;e O a O e O a G L t U e un 5% Chrysotile , Current Condition some dama . e damaged damaged good damaged m IT m E m v 0 E 0 0 some damage good damaged good good some damage _some damage damaged J damaged damaged good some damage good good good good City of Waterloo - Residence 512 Almond Street Waterloo, IA 50703 Location NE room by garage door opening NE room - ceiling that fell down NE room - ceiling that fell down SE room - Ceiling +- 240 sq. ft. Middle south room room inbetween middle room and SW garage room +- 30 sq. R room inbetween middle room and SW garage room +- 30 sq. ft. 1SW Garage walls - on wood furring strip's 1SW garage walls - on block wall and styrafoam ISW garage area / East 112 of garage (lots of debris on tile) ISW garage area - East 1/2 of garage (under debrs piles) SW gaarge area - East 1/2 of garage - South end +- BO sq. ft. ISW garage area - East 112 (In debris pile) _ ISW garage area - East 1l2 ceiling SW garage area - East 1/2 ceiling__ ,NW storage area - ceiling NE storage area (top floor) - North end NE storage area (top floor) - East wall Middle south room - layiong on foor Middle south room - layiong on foor Lower level - NE Room walls - sample from south wall _ Lower level - NE Room walls - sample from West wall Color grey/blue/red grey / blue / red `I O7 white grey ! pink g O) L white / yellow black black grey / black I white / black white l black white / tan white l tan _ white l tan grey/ blue grey Y o CO D .0 brown 1 black black ! black black ! black r Material Plaster / foam wtih adhesive Plaster / foam wtih adhesive Plaster 2' x 4' ceiling tile Attic insulation 12" x 12" floor tile 1 mastic 12" x 12" floor tile 1 mastic Paneling adheisve Foam wall adhesive 9" x 9" floor tile ! mastic F12" x 12" floor tile / mastic 2' x 2' ceiling tile Flooring 1 mastic Drywall ! joint compound _ Drywall 1 joint compound Drywall 1 joint compound Plaster over foam Plaster c 0 C > N C o 0 0 C 0 .CO > Qf C 0 0 O Wall material 1 wall adheisve Wall material ! wall adheisve 0 Z m 0.N E A N N M N V' N ID N fD N 1,- N C0 N 01 N 0 lh rl Q M N 1.7 es C7 nt C] 47 el 1D [h 1,. n7 in r7 I 39 A< I 40 27 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 5.51st Street, Suite B109, Phoenix, AZ 85044 0322715 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926.0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/22/2024 CITY OF WATERLOO-512 ALMOND STREET (ROOFING) - WATERLOO, IA Job# / P.O. #: 24-29398 Date Received: 11/25/2024 Date Analyzed: 12/02/2024 Date Reported: 12/02/2024 Submitted By: JAY LLEWELLYN Collected By: EPA Method: App.E to Sub.E of40 CFR Part 763 and EPN600IR-93 Lab ID Client ID Sample Layer Name / Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322715-001 NORTH ROOF 1 SECTION LAYER 1 Yes Chrysotile id°% Penetration Mastic Black/ Gray LAYER 2 Yes Chrysolite 40% Fell, Black LAYER 3 Roof Flashing/ Tar, Black/ Gray Yes Chrysotile 2 h 0322715-002 NORTH ROOF Roof Felt Black 2 SECTION MIDDLE ROOF Yes Chrysotile 40% Carbonates Quartz Non -Fibrous Binder/Filler 90% Carbonates Quartz Non -Fibrous Binder/Filler 60% Carbonates Quartz Non -Fibrous Binder/Filler 98% Carbonates Quartz Non -Fibrous BlnderlFiller 60% 0322715-003 ROOF 3 LAYER 1 Roofing Material/ Felt, Black LAYER 2 Felt, Black/ White! Black LAYER 3 Tar, Black No None Detected Yes Chrysolite 4D% No None Detected Fibrous Glass 50% Cellulose Fiber 20% Carbonates Quartz Non -Fibrous Binder/Filler 30% Carbonates Quartz Non -Fibrous Binder/Filler 60% Cellulose Fiber 2% Carbonates Gypsum Non -Fibrous Binder/Filler 98% Page 1 of 8 Page 128 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11 /22/2024 CITY OF WATERLOO-512 ALMOND STREET (ROOFING) - WATERLOO, IA Job# / P.O. #: Date Received: Date Analyzed: Date Reported: Submitted By: Collected By: EPA Method: 24-29398 11/25/2024 12/02/2024 12/02/2024 JAY LLEWELLYN Laboratory Report 0322715 App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Client ID Sample Layer Name / Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322715-004 NORTH ROOF 4 SECTION LAYER 1 Penetration Mastic, Black LAYER 2 Felt Black Yes Chrysotile 5% Yes Chrysotile 411% LAYER 3 No None Detected Roof Flashing/ Tar, Gray/ Black Carbonates Quartz Non -Fibrous Binder/Filter 95% Carbonates Quartz Non -Fibrous Binder/Filler 60% Carbonates Quartz Non -Fibrous Blnder/Filler 100% 0322715-005 NORTH ROOF 5 SECTION LAYER 1 Roof Tar. Gray/ Black LAYER 2 Flashing/ Felt, Gray/ Black Yes Chrysotile 2% Yes Chrysotile 10% Carbonates Quartz Non -Fibrous Binder/Filler 98% Carbonates Quartz Non -Fibrous Binder/Filler 60% 0322715-006 NORTH ROOF 6 SECTION LAVER 1 No None Detected Roof Vent Tar, Black LAYER 2 Felt, Gray/ Black Yes Chrysotile 40% Carbonates Quartz Non -Fibrous Binder/Filler 100% Carbonates Quartz Non -Fibrous Binder/Filler 60% Page 2 of 8 Page 129 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322715 Phone: 800.362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/22/2024 CITY OF WATERLOO-512 ALMOND STREET (ROOFING) - WATERLOO, IA Job# / P.O. #: 24-29398 Date Received: 11/25/2024 Date Analyzed: 12/02/2024 Date Reported: 12/02/2024 Submitted By: JAY LLEWELLYN Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Client ID Sample Layer Name 1 Asbestos Asbestos Type Location Sample Description Detected (DM Non -Asbestos Constituents 0322715-007 sw ROOF 7 LAYER 1 No None Detected Roof Shingle, Brown/ Gray/ Black LAYER 2 No None Detected Felt Paper, Black Cellulose Fiber 20% Carbonates Gypsum Quartz Non -Fibrous Binder/Filler 80% Cellulose Fiber 40% Gypsum Quartz Non -Fibrous Binder/Filler 60% 0322715-008 SW ROOF 8 LAYER 1 No None Detected Cellulose Fiber 20% Roof Shingle, Brown/ Gray/ Black LAYER 2 No None Detected Roof Scrim/ Felt, Black LAYER 3 Tar, Black No None Detected Carbonates Gypsum Quartz Non -Fibrous Binder/Filler Fibrous Glass Cellulose Fiber Carbonates Quartz Non -Fibrous Binder/Filler 65% 80% 30% 5% Cellulose Fiber 5% Carbonates Quartz Non -Fibrous Binder/Filler 95% 0322715-009 SW ROOF 9 LAYER 1 No None Detected Roof Scrim, Gray/ Black LAYER 2 Tar, Black No None Detected Fibrous Glass 30% Cellulose Fiber 5% Carbonates Quartz Non -Fibrous Binder/Filler 65% Cellulose Fiber 3% Carbonates Quartz Non -Fibrous BlnderlFitler 97°% Page 3 of 8 Page 130 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322715 Phone: 800-362.3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/22/2024 CITY OF WATERLOO-512 ALMOND STREET (ROOFING) - WATERLOO, IA Job# / P.A. #: Date Received: Date Analyzed: Date Reported: Submitted By: Collected By: EPA Method: 24-29398 11/25/2024 12/02/2024 12/02/2024 JAY LLEWELLYN App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab 1D Client ID Sample Layer Name / Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322715-010 MIDDLE WEST 10 ROOF LAYER 1 Roof Flashing/ Penetration Mastic, Gray! Black LAYER 2 Roof Shingle, Brown! Black LAYER 3 Tar. Black Yes Chrysotile 57f; Carbonates Quartz Non -Fibrous Binder/Filler 95% No None Detected Fibrous Glass 15% Carbonates Gypsum Quartz Non -Fibrous Binder/Filler 85% Yes Chrysolite 2% Fibrous Glass <1 % Carbonates Quartz Non -Fibrous Binder/Filler 97% 0322715-011 MIDDLE WEST 11 ROOF LAYER 1 Roof Flashing! Penetration Mastic, Gray/ Black LAYER 2 Tar, Black Yes Chrysotile 5% No None Detected Carbonates Quartz Non -Fibrous Binder/Filler 95% Carbonates Quartz Non -Fibrous Binder/Filler 100% Page 4 of 8 Page 131 of 549 Client: Address: Collected: Project Name: Address: ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/22/2024 CITY OF WATERLOO-512 ALMOND STREET (ROOFING) - WATERLOO, IA EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322715 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 Jot# 1 P.O. #: Date Received: Date Analyzed: Date Reported: Submitted By: Collected By: EPA Method: 24-29398 11/25/2024 12/02/2024 12/02/2024 JAY LLEWELLYN App.E to Sub.E of 40 CFR Part 763 and EPA/6001R-93 Lab ID Client ID Sample Layer Name 1 Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322715-012 MIDDLE WEST LAYER 1 12 ROOF -AT BASE OF Chimney Flashing, Black/ Gray CHIMNEY Yes Chrysotile 6% LAYER 2 Yes Chrysolite 49 Felt, Black LAYER 3 Yes Chrysotile 2 Tar, Black Carbonates Quartz Non -Fibrous Binder/Filler 95% Carbonates Quartz Non -Fibrous Binder/Filler 60% Carbonates Quartz Non -Fibrous Binder/Filler 98% 0322715-013 MIDDLE WEST 13 ROOF LAYER 1 No None Detected Fibrous Glass 15% Roof Shingle, Brown/ Black Carbonates Gypsum Quartz Non -Fibrous BinderlFiller 85% LAYER 2 No None Detected Cellulose Fiber 40% Felt, Black Gypsum Non -Fibrous Binder/Filler 60% LAYER 3 No None Detected Cellulose Fiber 20% Shingle, Green/ Black Carbonates Gypsum Quartz Non -Fibrous Binder/Filler 80% Page 5 of 8 Page 132 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322715 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/22/2024 CITY OF WATERLOO-512 ALMOND STREET (ROOFING) - WATERLOO, IA Job# / P.O. #: Date Received: Date Analyzed: Date Reported: Submitted By: Collected By: EPA Method: 24-29398 11/25/2024 12/02/2024 12/02/2024 JAY LLEWELLYN App E to Sub.E of 40 CFR Pad 763 and EPA1600/R-93 Lab ID Client ID Sample Layer Name 1 Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322715-014 MIDDLE WEST 13A ROOF LAYER 1 Yes Chrysotile rns Roof Vent Tar. Black LAYER 2 No None Detected Shingle, Brown/ Black Carbonates Quartz Non -Fibrous Binder/Filler 95% Fibrous Glass 15% Carbonates Gypsum Quartz Non -Fibrous Binder/Filler 85% 0322715-015 MIDDLE EAST 14 ROOF LAYER 1 Roof Felt. Black LAYER 2 Shingle, Green/ Black LAYER 3 Tor. Slack Yes Chrysotile 4!}h No None Detected Yes Chrysotile 2% Carbonates Gypsum Non -Fibrous Binder/Filler 60% Cellulose Fiber 20% Carbonates Quartz Non -Fibrous Binder/Filler 80% Carbonates Quartz Non -Fibrous Binder/Filler 98% 0322715-016 15 LAYER 1 No None Detected Roof Felt, Black LAYER 2 Shingle/ Mastic. Brown/ Black Cellulose Fiber 40% Synthetic Fiber 5% Carbonates Diatoms Non -Fibrous Binder/Filler 55% Yes Chrysolite 3% Fibrous Glass 15% Quartz Gypsum Non -Fibrous Binder/Filler 82% Page 6 of 8 Page 133 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322715 Phone: 800-362-3373 or 480-940-5294 - Fax: 1480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy, NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11 /22/2024 CITY OF WATERLOO-512 ALMOND STREET (ROOFING) - WATERLOO, IA Job# / P.O. #: Date Received: Date Analyzed: Date Reported: Submitted By: Collected By: EPA Method: 24-29398 11/25/2024 12/02/2024 12/02/2024 JAY LLEWELLYN App E to Sub.E of 40 CFR Part 763 and EPA/6001R-93 Lab ID Client ID Sample Layer Name 1 Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322715-017 MIDDLE EAST 16 ROOF Roof Flashing Black Yes Chrysotile 5% Carbonates Quartz Non -Fibrous BinderlFiller 95% 0322715-018 MIDDLE 17 LAYER 1 No None Detected Cellulose Fiber 40% Roof Felt, Black Gypsum Non -Fibrous Binder/Filler 60% LAYER 2 Tar, Black No None Detected Carbonates Quartz Non -Fibrous Binder/Filler 100% 0322715-019 MIDDLE WEST 18 ROOF LAYER 1 Yes Chrysotile 40% Roof Flashing/ Felt, Black LAYER 2 Tar, Black No None Detected Carbonates Quartz Non -Fibrous Binder/Filler 60% Cellulose Fiber 1% Carbonates Quartz Non -Fibrous Binder/Filler 99% 0322715-020 MIDDLE WEST 19 ROOF LAYER 1 No None Detected Roof Vent Caulk, White LAYER 2 Tar, Black No None Detected Carbonates Quartz Non -Fibrous Binder/Filler 100% Cellulose Fiber 1% Carbonates Quartz Non -Fibrous Binder/Filler 99% Page 7 of 8 Page 134 of 549 Client: Address: Collected Project Name: Address: EMC LABS, INC. Laboratory Report 9830 5.51st Street, Suite B109, Phoenix, AZ 85044 0322715 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopv NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/22/2024 CITY OF WATERLOO-512 ALMOND STREET (ROOFING) - WATERLOO, IA Job# / P.O. #: Date Received: Date Analyzed: Date Reported: Submitted By: Collected By: 24-29398 11/25/2024 12/02/2024 12/02/2024 JAY LLEWELLYN EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Client ID Sample Location Layer Name 1 Asbestos Asbestos Type Sample Description Detected (%) Non -Asbestos Constituents 0322715-021 MIDDLE WEST Roof Tar Black 20 ROOF Yes Chrysotile s% Carbonates Quartz Non -Fibrous BlnderlFiller 95% Analyst - Matt Kettler 4s-- Signatory - Lab Director - Kurt Kettler acme y streams. surly separable layers of sampan ere analyzed as suoaampea of the whole and are reported aeparely tot each Encem1Ele layer M analyses an dewed from cattaala0 veal me net. and measured in area percent onkel o derronse net. The report amen to the banderols or preeeddn IdamAed and le the unmet!) tasted The test Ivies re not necessarily 1Moadve or represemabve of be quakes of Mead from Mechem sample wee taken or of apparently elamcal or shear products. nor do they represent an cngang quaky assurance program tales, so peed Tee report is tor the nclus0s use al the addressed dot ordeal not be reproduced yearly r in pan lot advewrp or other purpose over our e gnrve Of m ranMetnh walla our name *dimeA same widen Dennison. The report shag not be reproduced except In full. vamout eaten approval by our laboratory. The samples not desirvysd m Inang ra reamed a mat mum of grey days. The labastoy measurement of uncertainty tor the tee method a mamas mealy less than t by atm percent _ Amalaed by the News/ Instate. al Standrde and Technology, Voluntary Laboratory Acve0lainn Program 1r selected teat methodist for asbestos. TM acentldabon or any report generated by this laboratory m no wry constitutes or moan product certll*0 tort approval. or endorsement by the Nronal Irate% of Standards end Technology. The report marl not to used by me Nerd m clam malt cl ce lecaton. spmoval, a endenemlN by NVLAP MST or any agency of the Federal Goverment Page 8 of 8 Page 135 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322760 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/25/2024 CITY OF WATERLOO-512 ALMOND STREET -WATERLOO, IA Job# / P.O. #: 24-29398 A Date Received: 11/26/2024 Date Analyzed: 12/02/2024 Date Reported: 12/02/2024 Submitted By: JAY LLEWELLYN Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA16001R-93 Lab ID Client ID Sample Layer Name 1 Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322760-001 NE ROOM BY 21 GARAGE LAYER 1 Plaster, Gray LAYER 2 Foam, Blue LAYER 3 Adhesive, Red No None Detected No None Detected No None Detected Quartz Gypsum Non -Fibrous BinderlFiller 100% Foam Carbonates Non -Fibrous BinderlFiller 100% Carbonates Quartz Non -Fibrous Binder/Filler 100% 0322760-002 NE ROOM 22 LAYER 1 Plaster, Gray LAYER 2 Foam, Blue LAYER 3 Adhesive, Red No None Detected No None Detected No None Detected Quartz Gypsum Non -Fibrous BinderlFiller 100% Cellulose Fiber <1% Foam Carbonates Non -Fibrous BinderlFiller 99% Carbonates Quartz Non -Fibrous BinderlFiller 100% 0322760-003 NE ROOM 23 Plaster, Gray No None Detected Quartz Gypsum Non -Fibrous BinderlFiller 100% Page 1 of 6 Page 136 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, I ■ C. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322760 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/25/2024 CITY OF WATERLOO-512 ALMOND STREET -WATERLOO, IA Job# / P.O. #: Date Received: Date Analyzed: Date Reported: Submitted By: Collected By: EPA Method: 24-29398 A 11/26/2024 12/02/2024 12/02/2024 JAY LLEWELLYN App. E to Sub.E of 40 CFR Part 763 and EPAI6001R-93 Lab ID Client ID Sample Layer Name / Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322760-004 SE ROOM 24 2x4 Ceiling Tile! Paint, White! No None Detected Brown Cellulose Fiber 10% Fibrous Glass 2% Gypsum Quartz Non -Fibrous Binder/Filler 88% 0322760-005 MIDDLE SOUTH 25 ROOM LAYER 1 Attic Insulation, Pink LAYER 2 Attic Insulation, White No None Detected No None Detected Fibrous Glass Carbonates Fibrous Glass Carbonates 98% 2% 98% 2% 0322760-006 ROOM IN LAYER 1 26 BETWEEN MIDDLE 12"x12" Floor Tile, White ROOM AND SW GARAGE ROOM LAYER 2 Mastic, Yellow No None Detected No None Detected Carbonates Quartz Non -Fibrous Binder/Filler 100% Carbonates Quartz Non -Fibrous Binder/Filler 100% 0322760-007 ROOM IN LAYER 1 27 BETWEEN MIDDLE 12"x12" Floor Tile, White ROOM AND SW GARAGE ROOM LAYER 2 Mastic, Yellow No None Detected No None Detected Carbonates Quartz Non -Fibrous Binder/Filler 100% Carbonates Quartz Non -Fibrous Binder/Filler 100% Page 2 of 6 Page 137 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 Phone; 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926.0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/25/2024 CITY OF WATERLOO-512 ALMOND STREET -WATERLOO, IA Job# / P.O. #: 24-29398 A Date Received: 11/26/2024 Date Analyzed: 12/02/2024 Date Reported: 12/02/2024 Submitted By: JAY LLEWELLYN Collected By: Laboratory Report 0322760 EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPN600/R-93 Lab ID Client ID Sample Layer Name / Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322760-008 SW GARAGE 28 Panel Adhesive. Black Yes Chrysotile 5% Gypsum Quartz Non -Fibrous Binder/Filler 95% 0322760-009 SW GARAGE 29 LAYER 1 Foam Wall, White LAYER 2 Adhesive, Black No None Detected Yes Chrysotile Foam Non -Fibrous Binder/Filler 100% Gypsum Quartz Non -Fibrous Binder/Filler 97% 0322760-010 SW GARAGE AREA LAYER 1 30 9x9 Floor Tile. White Yes Chrysotile 5% LAYER 2 Yes Chrysotde la% Mastic, Black Carbonates Quartz Non -Fibrous Binder/Filler 95% Carbonates Gypsum Binder/Filler 90% 0322760-011 SW GARAGE AREA LAYER 1 31 12k12" Floor Tile, White/ Black LAYER 2 Mastic, Clear No None Detected No None Detected Carbonates Quartz Non -Fibrous Binder/Filler 100% Carbonates Quartz Non -Fibrous Binder/Filler 100% Page 3 of 6 Page 138 of 549 Client: Address: Collected: Project Name: Address: ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/25/2024 CITY OF WATERLOO-512 ALMOND STREET -WATERLOO, IA EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322760 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 Job# / P.O. #: Date Received: Date Analyzed: Date Reported: Submitted By: Collected By: EPA Method: 24-29398 A 11/26/2024 12/02/2024 12/02/2024 JAY LLEWELLYN App.E to Sub,E of 40 CFR Part 763 and EPA16001R-93 Lab ID Client ID Sample Layer Name / Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322760-012 SW GARAGE AREA 2x2 Ceiling Tile, White/ Beige 31A No None Detected Cellulose Fiber 50% Mineral Wool 30% Carbonates Perlite Non -Fibrous Binder/Filler 20% 0322760-013 SW GARAGE AREA LAYER 1 32 9x9 Floor Tile, White Yes Chrysolde 6% LAYER 2 Yes Chrysotile 10% Mastic, Black Carbonates Quartz Non -Fibrous Binder/Filler 95% Carbonates Gypsum Binder/Filler 90% 0322760-014 SW GARAGE AREA LAYER 1 33 Drywall, White/ Tan No None Detected LAYER 2 Yes Chrysolite 3% Joint Compound, Off White Cellulose Fiber 10% Gypsum Quartz Non -Fibrous Binder/Filler 90% Carbonates Perlite Non -Fibrous Binder/Filler 97% 0322760-015 SW GARAGE AREA LAYER 1 34 Drywall, White/ Tan LAYER 2 Joint Compound, Off White No None Detected Yes Chrysotile 3% Cellulose Fiber 10% Gypsum Quartz Non -Fibrous Binder/Filler 90% Carbonates Perlite Non -Fibrous Binder/Filler 97% Page 4 of 6 Page 139 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/25/2024 CITY OF WATERLOO-512 ALMOND STREET -WATERLOO, IA Job# / P.O. #: 24-29398 A Date Received: 11/26/2024 Date Analyzed: 12/02/2024 Date Reported: 12/02/2024 Submitted By: JAY LLEWELLYN Collected By: Laboratory Report 0322760 EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/6001R-93 Lab 1D Client ID Sample Layer Name / Asbestos Asbestos Type Location Sample Description Detected (1) Non -Asbestos Constituents 0322760-016 NW STORAGE 35 AREA LAYER 1 Drywall, White! Tan No None Detected Cellulose Fiber LAYER 2 Yes Chrysolite 3% Joint Compound Off White 10% Gypsum Quartz Non -Fibrous Binder/Filler 90% Carbonates Perllte Non -Fibrous BinderlFiller 97% 0322760-017 NE STORAGE AREA LAYER 1 36 Plaster, Gray LAYER 2 Foam, Blue No None Detected No None Detected Quartz Gypsum Non -Fibrous Binder/Filler 100% Foam Non -Fibrous Binder/Filler 100% 0322760-018 NE STORAGE AREA Plaster, Gray 37 No None Detected Quartz Gypsum Non -Fibrous Binder/Filler 100% 0322760-019 MIDDLE SOUTH 38 ROOM Door Insulation, Brown/ Black No None Detected Cork Non -Fibrous BinderlFiller 100% 0322760-020 MIDDLE SOUTH 39 ROOM Door Insulation, Brown/ Black No None Detected Cork Non -Fibrous Binder/Filier 100% Page 5 of 6 Page 140 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9330 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322760 Phone; 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST, WATERLOO, IA 50703 11/25/2024 CITY OF WATERLOO-512 ALMOND STREET -WATERLOO. IA Job# 1 P.O. #: 24-29398 A Date Received: 11 /26/2024 Date Analyzed: 12/02/2024 Date Reported: 12/02/2024 Submitted By: JAY LLEWELLYN Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPAJ600IR-93 Lab ID Client ID Sample Layer Name 1 Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322760-021 LOWER LEVEL -NE Wall Material/ Wall Adhesive. 39A ROOM Black 0322760-022 LOWER LEVEL -NE Wall Material/ Wall Adhesive, 40 ROOM Black Yes Chrysottle yeti Yes Chrysolite $14 Carbonates Quartz Non -Fibrous Binder/Filler 95% Carbonates Quartz Non -Fibrous Binder/Filler 95% 144- ittestwei- Analyst - Ryan McDonough Signatory - Lab Director - Kurt Kerner prdncay strati**. talk imparatei layers or sample. are .matyted a subeamptee or the whole and m reported ',perm* Ise ear h rbwnob u layer Al analyses see remixed from Wmraert'musk e{t.nete arrtl meowed rt me. wreak unless [themes noted. The report apples le the standards or procedures Wintered and to the samplers) tested. The test reside are not mamma* ediu[rve or remesentaove d the quakees of Metal from which the sample was Lilian or or appamrdfy identical or gimlet products, nor do they represent mi orpeno queeey assumes prevent MIes to need The report le for ths manes use dam addressed draft end move not M keprodueed'rtely or in pan let adremsmy or eater purposive over our spneMe or In connection wont our name wRhout spell written pamperer'. The report shall not be reproduced trap m tut .KhaA .Rten approval by our laboratory- Th. samples not destroyed mtnttrp am referred a magnum of stop days. TM laboratory meuuremerd of uncedaa[y for the test method m approaanately less than 1 by use percent. awed/rod by the N Wont Institute of Standards and Technology Voketlary Laboratory Acvetlhaben program for selected test rnethoo o) for abMtea. The a0TJedaaben or any rimorto album ed by the laboratory in no Wily CO M UN. of hnph.s product e.ndlnbdn, apprroal. Of enderaeman by ns National Institute el Standards and Technology The repot mutt not >• wed by the diem m dam product certltcabon. approval. or endorsement by NVLAP. MST or any agency or the Federal GovernmtnL Page 6 of 6 Page 141 of 549 APPENDIX B INSPECTOR LICENSE AND CERTIFICATION Page 142 of 549 JAY LLEWELLYN DOB: 05-31-1961 Issued: 04-12-2024 This person is licensed to perform asbestos work in the State of Iowa. 1D card is intended for official use only and must be present on iobsite_ License Type Number Expires INSPECTOR 24-11702 04-10-2025 SUPERVISOR 23-10998 11-15-2024 Asbestos Larry Johnson, Jr. Labor Commissioner Page 143 of 549 Page 144 of 549 APPENDIX C PICTURES Page 145 of 549 This section may need be removed Middle East Roof ort roof Middle West Roof 11 Page 146 of 549 UMW }ie Poo -PI s °1"..". W it 1Pair f SGV► : M.rwtwl A1.19 C'BLK [520] • Ty vR r-ci 20 SW roof This section may need be removed Middle East Roof O Under rubber roof 0 & Shingles 46 B11S C'BLK MI6 [3636] I. Under rubber CONC CANOPY [132] CON LOADING DOCK [240] North roof Middle West Roof 2 Page 147 of 549 9 1 Lo 4S _ram sr S 4 :.v'� C'.o (0-4.4J. _ -i- A Q.`n sue' s —tits Van ov-t_ ow-rug Page 148 of 549 512 Almond Street - Waterloo, IA 50703 Page 149 of 549 North Roof Section Page 150 of 549 North roof section - South wall flashing - 2% Chrysotile Roof felt - 40% Chrysotile - Roof tar -10% Chrysotile North roof section - Roof felts - 40% Chrysotile North roof section - roof patch (new roofing) - NO ASBETSOS Roof felts - 40% Chrysotile - Black tar - NO ASBESTOS Page 151 of 549 North roof section - Roof mastic - 5% Chrysotile Roof felts - 40% Chrysotile - roof flashing - NO ASBESTOS North roof section - Roof perimeter - Gray tar - 2% Chrysotile Roof felts - 40% Chrysotile North roof section - Tar at base of roof vent - NO ASBESTOS Roof felt - 40% Chrysotile Page 152 of 549 SW roof— Roof shingles on felt paper— NO ASBESTOS SW roof — North edge - Flashing tar/scrim/shingle — NO ASBESTOS SW roof — North edge - Flashing tar/scrim— NO ASBESTOS Page 153 of 549 Middle West Roof r Middle roof - West side - South wail- Roof flashing - 50/a Chrysotile Roof tar -- 2% Chrysotile Page 154 of 549 Middle roof - West side - North wall- Roof flashing- 5% Chrysotile Roof tar- NO ASBESTOS Middle roof - West side - Chimney base - Roof flashing- 5% Chrysotile Roof felt-40% Chrysotile - Roof tar-2% Chrysotile Middle roof -West side - Roof shingles on felt paper- NO ASBESTOS Page 155 of 549 Middle roof -West side - Roof tar at base of roof vent - 5% Chrysotile Middle Roof -- East Section Page 156 of 549 Middle Roof - East Section (under rubber) Roof felts - 40% Chrysotile - Roof shingles - NO ASBESTOS Middle roof - East side of middle section Roof felts - NO ASBESTOS under rubber) Shingle mastic - 30/0 Chrysotile Page 157 of 549 Middle roof— East side — East wall— NO FLASHING under rubber Middle roof— East side — Middle wall— NO FLASHING under rubber Middle East roof — East side - SE section —wood under rubber Page 158 of 549 Middle East Roof- Valley section - East side -roof felt - NO ASBESTOS Middle East Roof -South wall - East side -roof flashing -- 40% Chrysotile Middle East roof - East section - SW vent pipe - white caulk - NO ASBESTOS Page 159 of 549 Middle - East roof - Center vent -Black tar on inside rim of roof vent - 5% Chrysotite Page 160 of 549 These are the East rooms (to get into the building) Page 161 of 549 SW garage area (Floor tile & mastic under this debris pile) Paneling adhesive is in this area as well Drywall joint compound on ceilings also Page 162 of 549 NW Room - Drywall joint compound in ceiling in this area Page 163 of 549 Middle North room lower level - Black wall adhesive Page 164 of 549 NE Garage room — plaster blue foam — red adhesive — NO ASBESTOS NE Garage room — plaster blue foam — red adhesive — NO ASBESTOS NE Garage room — plaster— NO ASBESTOS Page 165 of 549 SE Room- 2' x 4' ceiling tile (drywall like) — NO ASBESTOS Middle South room —Attic insulation — NO ASBESTOS Small entry area between SW garage and main bldg. 12" x 12" floor tile and mastic — NO ASBESTOS Page 166 of 549 E Black paneling adhesive on wood strips on wall - 5% Chrysotite SW Garage area - There is black adhesive on this Styrofoam insulation also SW garage area - Black adhesive for foam insulation - 3% Chrysotile SW garage area more paneling behind this debris pile Page 167 of 549 SW garage area (East 1/2)- Under debris pile 9" x 9" floor tile 5% Chrysotile - Mastic - 10% Chrysotile SW garage area (East 1) - Under debris pile- 12" x 12" floor tile & mastic- NO ASBESTOS SW garage area (East 1/2) — Under debris pile- 2' x 2' ceiling tile — NO ASBESTOS Page 168 of 549 SW garage area (East'/z) - Under debris pile 9" x 9" floor tile 5% Chrysotile - Mastic -10% Chrysotile SW garage area - drywall - NO ASBESTOS - Joint compound - 3% Chrysotile SW garage area - drywall - NO ASBESTOS - Joint compound - 3% Chrysotile Page 169 of 549 No samples from this room Bathroom had concrete floors and wood walls Page 170 of 549 NW storage area - Ceilings - Drywall- NO ASBESTOS - Joint compound - 3% Chrysotile - On floor as well NW Storage area - Just showing pictures of all the debris in this room that will need to be cleaned and moved or bagged up - Drywall on the ceiling - positive Page 171 of 549 NE Storage area - plaster- blue foam - NO ASBESTOS NE Storage area - plaster- blue foam - NO ASBESTOS Just a picture of NE storage area - NO ASBESTOS here Page 172 of 549 Lower level -Middle South area —freezer door on ground — Cork insulation — NO ASBESTOS Lower level -Middle South area —freezer door on ground — Cork insulation — NO ASBESTOS gr Lower level- Middle north room Black adhesive on block walls - 5% Chrysotile Page 173 of 549 Lower level - Middle north room Black adhesive on block walls - 5% Chrysotile Page 174 of 549 ASBESTOS INSPECTION REPORT INSPECTION ADDRESS: City of Waterloo 222 Randall Street Waterloo, IA 50701 Project #: 24-29398 ;t.;:l'it�lY 1i S '',I -(ii f,r,'rI�ht.S'�F��lj'i� ' f 1ol'.rflt . ;`eih t N I /,,,4: r. '' r_ k z e �'�! A et Mu'" • 'L t r S''ti�4{fi= f%}V 1!"' v.�.��r }'C t-ie?��� $� r., may., r '1 ,4 SUBMITTED TO: City of Waterloo Community Planning & Development 715 Mulberry Street Waterloo, IA 50703 Attn: Aric Schroeder, City Planner Page 175 of 549 ASBESTOS INSPECTION Prepay d by: ellyn, Inspe 11/27/2024 Date 24-11702 Inspector # 04/10/2025 License Expiration date Page 176 of 549 TABLE OF CONTENT 1. INTRODUCTION 2. DEFINITIONS 3. GENERAL BUILDING OBSERVATIONS 4. REPORT DATA a. METHOD b. REPORT DATA 5. PROJECT SUMMARY a. POSITIVE ASBESTOS SAMPLE LIST b. CONCLUSIONS AND RECOMMENDATIONS LIST OF APPENDICES APPENDIX A - SAMPLE INVENTORY LIST & LAB ANALYSIS APPENDIX B - INSPECTOR LICENSE AND CERTIFICATION APPENDIX C - PICTURES Page 177 of 549 SECTION 1 INTRODUCTION For each area of the building, the inspector performing the inspection did the following: 1. Visually inspected the area(s) to identify the locations of all suspect Asbestos Containing Building Materials. 2. Identify all homogeneous areas of friable and non -friable suspected asbestos. 3. Assume, if necessary, that some or all of the homogeneous area(s) are Asbestos Containing Material (ACM), and for each homogeneous area that is not assumed to be ACM, collect and submit bulk samples for analysis. Page 178 of 549 SECTION 2 DEFINITIONS: HOMOGENEOUS AREA An area which appears similar throughout in terms of color, texture, and date of material application. SURFACING MATERIAL Material in a building that is sprayed -on, troweled -on, or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes. THERMAL SYSTEM INSULATION Means material applied to pipes, fittings, boilers breeching, tanks ducts, or other interior structural components to prevent heat loss or gain, or water condensation, or other purposes. MISCELLANEOUS MATERIAL Interior building material on structural components, structural members or fixtures, such as floor and ceiling tiles, and does not include surfacing material or thermal system insulation. SAMPLING AND ANALYSIS All samples to be analyzed by Polarized Light Microscopy (PLM). Analysis was performed in accordance with EPA 40 CFR, Part 763, Appendix A to Subpart F. A homogeneous area was considered not to contain Asbestos Containing Material (ACM) only if the results of all samples collected from the area showed asbestos in the amounts of one (I) percent (%) or less (_7 %). A homogeneous area contains ACM when one or more samples collected from that area shows greater than one (1) percent (%) asbestos (>1%). FRIABLE Any material containing more than one (1) percent (%) asbestos that, when dry can be crumbled, pulverized, or reduced to a powder by hand pressure. NON -FRIABLE (CATEGORY I) Asbestos containing packings, gaskets, resilient floor covering, and asphalt roofing products, containing more than one (1) percent (%) asbestos. NON -FRIABLE (CATEGORY II) Any excluding Non -Friable (Category I) Asbestos Containing Material, containing more than one (1) percent (%) asbestos. Page 179 of 549 SECTION 3 General Building Inspection Observations The building inspection is conducted by a qualified and State of Iowa licensed Asbestos Inspector. The purpose of a building inspection is to identify existing building materials that are asbestos containing materials (ACM). If the inspection is conducted in an occupied building, the Inspector is sometimes denied accessibility to building areas and materials; i.e., the Inspector may not be allowed to cut through floor coverings or walls, remove quarry tiles, etc. There are many situations where ACM are concealed in wall cavities and other non -accessible areas, such as tunnels, crawl spaces, above ceilings, pipe chases, behind wall coverings, beneath debris piles, under various floor coverings, etc. When these situations occur in construction, renovation, and/or demolition, etc., materials in these areas shall be treated as ACM and handled as such by qualified and licensed asbestos personnel. If suspect asbestos containing material is discovered or damaged during the course of any activities, the material shall be considered and treated as ACM to diminish further fiber release. In addition, the Inspector uses an independent laboratory that analyzes the bulk building material samples using Polarized Light Microscopy (PLM). PLM analysis technique may not be as accurate as more expensive analysis techniques for certain building materials. It remains the Building Owner and/or Representative(s)' responsibility to address this issue and consider analyzing suspect building material using different analysis techniques prior to disturbing the material(s). The following are areas that may not be inspected. 1. Tunnels and Crawl Spaces: During the inspection process, the Inspector attempts to check tunnels and crawl spaces for ACM and the degree of damage to the materials. In most cases, quantification of ACM in these areas is impossible due to the inaccessibility to these areas. In addition, these areas may fall under: "Confined Space Regulations". Due to the congestion in tunnels and crawl spaces, obtaining an accurate quantification for mudded joints, pipe wrap, etc. is almost impossible. The Inspector will quantify ACM only in accessible tunnels and crawl spaces, and estimate the quantities in the inaccessible areas. Some reasons for inaccessibility are as follows: flooded areas, pipe congestion, asbestos and other debris, electrical hazards, confined spaces, unknown gas emissions, low ceilings, etc. 2. Boilers and Thermal System Insulation: Interior portions of boilers, heaters, storage tanks, etc. are not always accessible. Materials in these areas will be treated as ACM. Areas of concern are packing inside boiler doors and liners. Use extreme care and properly trained personnel when handling these types of materials. Some boilers have insulated metal jackets over fiberglass or ACM. Thermal system insulation can be found in many different forms; i.e., air cell, preformed magnesium block, millboard, etc. All fiberglass materials are excluded as suspect ACM. 3. Debris: In areas where damaged ACM may be found there may and usually will Page 180 of 549 be ACM debris in the general area of the damaged material. These areas shall be treated with the utmost care even during the inspection and quantification process. The Inspector considers any exposure to this type of material as a health threat. 4. State of Quantification: As a general rule, individual rooms or areas of estimation contain inherently more probability of an error than those groups of rooms or areas or an entire building. In other words, the aggregate tends to be more accurate than the sums of the individual parts. Therefore, when designing response actions (measurements, air samples, etc.), the project designer and the asbestos abatement contractor's attention shall be given to ensure that quantification of materials and proper methods are followed through careful analysis of the site. If materials are quantified, the asbestos abatement contractor or owner, owner representatives or third parties are responsible for verifying the quantities. 5. The Inspector may take some latitude in the presentation of the Inspection Report. When the Inspector has found floor tiles, linoleum, and/or carpeting listed he/she may or may not have adhesives listed. Adhesives have been known to contain asbestos and therefore, although not mentioned, it may be presumed to be ACM, listed or not. Testing of the adhesive prior to disturbing is recommended. The same is true for adhesives or mastics used to adhere linoleum to floors or counter tops. All toweled -on and/or sprayed -on surfacing materials; i.e., floor mastics, wall and ceiling surfacing, etc. are either suspected or presumed ACM unless sampled and analyzed to indicate that they are not ACM. 6. In the Inspection Report, certain items such as mudded joints (MJ) or metal doors (MD), etc. are listed as units or number of units; i.e. 10 MJ, 3 Damaged, which is an indication of count rather than square feet or linear feet. Most materials listed in the assessment are either listed as square feet or linear feet with these noted exceptions. 7. In the Assessment Process, there are additional codes such as ME and MG; ME representing miscellaneous electrical and MG representing miscellaneous gasket materials. Both of these codes are used to indicate materials that are unusual to the normal course of an assessment of the building. Miscellaneous electrical materials include old electrical wiring, switchboards, transite panels, etc. Miscellaneous gasket materials can be found between (thermal) valves, on boiler doors, between fittings, between molds, etc. These codes give the Inspector the ability to qualify materials, which sometimes may not be considered as ACM. 8. An Asbestos Code Sheet is included with the Inspector's inspection report, which informs the client as to the Homogeneous Codes used during the inspection process. Page 181 of 549 9. Caution- Regarding Inspection results- Floor tiles, adhesives, and drywall (mud) found to not contain asbestos should be re -analyzed under the "Chaffield Method" of TEM analysis. Many times the results from having these materials analyzed under PLM results in false positives or false negatives. After reviewing your report, please notify the inspector if you want these samples analyzed under the "Chatfield Method". 10. Any sample less than 10% asbestos may be Point Counted. Point counting is a more accurate method of analyzing of bulk samples. The results of the point counting are the results that will determine if the material will be treated as asbestos. 11. Asbestos inspections are performed based on current understanding of the regulations. As new interpretations of the regulations are made aware of by the EPA, DNR, and Iowa Division of Labor. Advanced Environmental Testing and Abatement Inc. will adapt their inspections to comply with these new procedures. If additional sampling is required by the different agencies, Advanced Environmental will do the additional sampling. The owner is responsible for the additional cost for these samples as well as labor. 12. Advanced Environmental shall not be responsible for any cost of abating any additional asbestos discovered in any renovation or demolition activities. Any additional items discovered shall be tested when they become accessible. For example, old adhesive may be under new floor tiles and adhesive. Additional materials may be concealed in walls, under multi layers of flooring, etc. 13. All amounts listed are estimates. It is up to other contractors to field verify any amounts that are listed within this report. 14. All material that looks similar should be treated as asbestos containing materials. 15. Asbestos Material containing <1%. Some material tested for asbestos may contain trace amounts of asbestos and be below the threshold for asbestos contain material according to both the Iowa DNR and Iowa State Code.. However, the Federal Occupational Safety and Health Administration still have some regulations that contractors must follow under 29 CFR 1926.1101. Contractors working with asbestos material with <1 % asbestos must still produce a negative and initial exposure assessment, completed by a "competent person". Contractors must follow 29 CFR 1926. 1101 (g)(1)(ii) and (iii) and 29 CFR 1926. 1101(g)(3)(i), (ii), and (iv). Please contact Advanced Environmental Testing and Abatement, Inc. for consultation on how to handle material with <1 % asbestos. 16. Flat roofs: If any layer of a flat roof tests positive for asbestos, all layers should be considered asbestos and removed as such. Advanced Environmental makes every effort to core roof samples through all layers. Page 182 of 549 ASBESTOS CODES A = Assumed ADH = Adhesive APW = Air Cell Pipe Wrap BP = Boiler Plaster C = Ceiling CAPS = Stair Treads CQ = Can't Quantify CT = Ceiling Tiles CT/12 = 12" Ceiling Tiles DAM. = Damaged DEB = Debris DW = Drywall F = Friable FE = Furnace Exhaust FT = Floor Tiles GASK = Gaskets GYM = Gypsum HOMO = Homogeneous LINO = Linoleum MISC = Miscellaneous Non Friable MAC = Metal Asbestos Chimney MATL DESC = Material Description MD = Metal Door ME = Miscellaneous Electrical MF = Miscellaneous Friable MJ = Mudded Joint NC = Nose Cap NF = Non Friable NSM = Not Suspect Material P or PH = Previous History PP = Patched Plaster/Drywall PSA = Sand Plaster PSM = Smooth Plaster S = Sample/Samples/Sampled SCT = Suspended Ceiling Tile SR = Sample Result ST = Storage Tank SUR = Surfacing T = Thermal Thermal Pipe Measurement = Linear Ft TR = Transite TSI = Thermal System Insulation VC = Vibration Cloth VDW = Vinyl Covered Drywall W=Walls WD = Wood Door N = North S = South E = East W = West 1. All Metal Doors are listed by quantities, example 3 = 3 metal doors. 2. All Mudded Joints are listed by quantities of MJ, not sizes. 3. All Pipe Wrap materials are listed in linear feet. 4. All other measurements are square feet unless stated elsewhere. 5. Sample Results: N = Not Considered Asbestos Containing Material Y = Considered Asbestos Containing Material P or PH = Previous History N/A = Not Analyzed <1 % = Contains less than 1% Asbestos Containing Material >1 % = Contains more than 1% Asbestos Containing Material 6. All Adhesives are considered Asbestos Containing Material (ACM) which can't be quantified - Non Friable ACM. 7. All Seals and Gaskets are considered Asbestos Containing Material (ACM) which can't be quantified — Non Friable ACM. Page 183 of 549 SECTION 4 REPORT DATA BUILDING NAME: Residence — 222 Randall Street — Waterloo, IA INSPECTION AREAS: Throughout CLIENT CONTRACT: City of Waterloo — Aric Schroeder METHOD: All samples are sent to EMC LABS, INC in Phoenix, Arizona. EMC LABS is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP accreditation (NVLAP #: 101926-0). Sampling was completed by a State of Iowa licensed asbestos inspector. Sampling methods were based on National Emission Standards for Hazardous Air Pollutants (NESHAPS) protocols. Bulk samples of suspect asbestos containing material were analyzed by Polarized Light Microscopy (PLM) using EPA Method 600-R93-116. OVERVIEW: An asbestos inspection was conducted at the residence located at 222 Randall Street in Waterloo, IA on November 215t, 2024. The house had a fire recently. The house has two stories. At the time of inspection, a total of seventeen samples were analyzed with twenty-nine layers analyzed for asbestos content. Each sample is broken down by layers if necessary (I.e. floor tile and mastic). Samples can be categorized by miscellaneous, surfacing, and thermal. The following samples were taken of each: Miscellaneous samples tested include: Sheet flooring -linoleum / mastic 12" x 12" ceiling tile Shower wall adhesive Roof flashing tar Surfacing samples included: Plaster /skim coat Thermal samples include: Duct paper Refractory cement Sink coating Floor tile Roof shingles/ felt paper Drywall / joint compound Attic Insulation Page 184 of 549 POSITIVE SAMPLE RESULTS: The following samples tested positive (>1%) for asbestos: 2) Sheet flooring in NE entry +- 50 sq. ft. 2) Mastic for above in NE entry +- 50 sq. ft. 3) Kitchen sink coating 13) Sheet flooring in room North of basement stairs +- 50 sq. ft. 15) Duct paper Couple locations in basement SECTION 5 17% Chrysotile 3% Chrysotile 5% Chrysotile 17% Chrysotile 85% Chrysotile The inspection was to identify asbestos containing materials prior to demolition. The Inspection entailed a visual assessment of the property for suspect asbestos containing materials, collection, and submittal of bulk samples for analysis. In the State of Iowa, asbestos is regulated by the Iowa Department of Natural Resources and the Iowa Division of Labor. CONCLUSIONS AND RECOMMENDATIONS This house was involved in a fire. Lots of charred areas. I could not find a place to sample any windows as they were all burned out. The living room has flooring missing on the East 'A of the room. A couple of stairs going to the 2nd floor are missing. There is a lot of debris throughout this house to get to the flooring, kitchen sink, and duct paper. There was positive flooring in two locations 1) NE entry — approximately 50 sq. ft. 2) Room to the north of the basement stairs — approximately 50-60 sq. ft. There is debris that will have to be removed to access both areas The kitchen sink had a black coating that was positive. There is a lot of debris in the kitchen. The duct paper was positive. We found two locations for sure in the basement (one on the east side and one on the west side). Could be a couple of more. There is at least one wall cavity that has duct paper (on the west side - see picture). The one on the east side was in the kitchen and did not have paper on it. There is approximately 20- 25 In. ft. of duct paper that was found. I drew a rough floor plan of the house to show locations of the acm Page 185 of 549 APPENDIX A SAMPLE INVENTORY LIST, LAB ANALYSIS Page 186 of 549 Facility Name/Site Location Inspected By: Jay Llewellyn 11/21/2024 :� m cc ae D 17%,3% Chrysotile m cnn -. V o O 0 o e, O 0 le O 0 e T 0 t7 0 O a 0 o aE 0 17% Chrysotile nE D 0 ae e 0 m w in (, e co 0'%0 I Current Condition damaged some damage some damage damaged damaged some damage v m of m E m damaged J some damage damaged damaged some damage damaged damaged damaged damaged some damage City of Waterloo - Residence 222 Randall Street Waterloo, IA 50701 c C to 15 o J Throughout - sample from SE room - North Wall NE Entry room +- 50 sq. ft. Kitchne sink Throughout - sample from NW room - West Wall West rooms - all tiles are on the ground - bruned by fire 2nd floor bathroom walls 2nd floor bathroom (under lots of debris) +- 50 sq. ft. Throughout - sample from 2nd floor - Bathroom ceiling 2nd floor bathroom Attic (layng on flor in SE Bedroom I2nd floor - SE Bedroom ceiling Roof lain level - room north of basement stairs +- 60 sq. ft. Basement stairwell walls (East side) Basement stairwell walls (West side) Basement - East & West ducts Basement - in chimney Color Grey / white Grey -white l amber black Grey l white White 1 charred black white 1 white white grey / white grey brownish Grey l white u cas Ms al e., i 3 white / white white / white DI Gl 1E m at 1 t0 z co 19 i N l9 b Sheet flooring 1 mastic Sink coating Plaster 12" x 12" ceiling Tile Wall tile adheisve 15 0 LL Plaster / skim coat Shower wall adheisve Attic insulation Plaster w texture L N t0 C a d co L N 8 tl' Sheet flooring Drywall )Dint compound Drywall joint compound Duct paper Refracory cement y 0 Z m g E to u) N c., v to co N. co a' r r - _ _ Dnro 1 7 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11/21/2024 CITY OF WATERLOO-222 RANDALL STREET -WATERLOO, IA Job# / P.O. #: Date Received: Date Analyzed: Date Reported: Submitted By: Collected By: EPA Method: 24-29398 11/25/2024 11/26/2024 11/26/2024 JAY LLEWELLYN Laboratory Report 0322718 App.E to Sub.E of 40 CFR Part 763 and EPAJ6001R-93 Lab ID Client ID Sample Layer Name 1 Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322718-001 THROUGHOUT- LAYER 1 1 SAMPLE FROM SE Plaster -Scratch Coat, Gray ROOM LAYER 2 Plaster -Finish Coat, White No None Detected No None Detected Gypsum Quartz Non -Fibrous Binder/Filler 100% Carbonates Mica Non -Fibrous Binder/Filler 100% 0322718-002 THROUGHOUT- LAYER 1 2 SAMPLE FROM NE Sheet Flooring, Gray/ While ROOM LAYER 2 Mastic, Amber Note: Difficult to separate adjacent layer Yes Chrysotile 17% Yes Chrysotile 3% Cellulose Fiber 3% Carbonates Quartz Non -Fibrous Binder/Filler 80% Carbonates Quartz Non -Fibrous Binder/Filler 97% 0322718-003 KITCHEN 3 Sink Coating, Black Yes Chrysotile 5'S Carbonates Quartz Non -Fibrous Binder/Filler 95% 0322718-004 THROUGHOUT- LAYER 1 4 SAMPLE FROM NW Plaster -Scratch Coat, Gray ROOM No None Detected LAYER 2 No None Detected Plaster -Finish Coat, White Quartz Gypsum Non -Fibrous Binder/Filler 100% Carbonates Mica Non -Fibrous Binder/Filler 100% Page 1 of 5 Page 188 of 549 Client: Address: Collected: Project Name: Address: ADVANCED ENVIRONMENTAL 803 RICKER ST, WATERLOO, IA 50703 11 /21 /2024 CITY OF WATERLOO-222 RANDALL STREET -WATERLOO, IA EMC LABS, INC. 9830 5.51st Street, Suite B109, Phoenix, AZ 85044 Phone: 800-362-3373 or 480-940-5294 - Fax: {480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 Job# / P.O. #: 24-29398 Date Received; 11/25/2024 Date Analyzed: 11/26/2024 Date Reported: 11/26/2024 Submitted By: JAY LLEWELLYN Collected By: EPA Method: Laboratory Report 0322718 App_E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Client ID Sample Layer Name / Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322718-005 WEST ROOMS 5 12' x12" Ceiling Tile, White! No None Detected Charred Black Cellulose Fiber Carbonates 95% 5% 0322718-006 2ND FLOOR 6 BATHROOM LAYER 1 Wall Tile, White LAYER 2 Adhesive, Brown No None Detected No None Detected Gypsum Quartz Non -Fibrous Binder/Filler 100% Carbonates Quartz Non -Fibrous Binder/Filler 100% 0322718-007 2ND FLOOR 7 BATHROOM LAYER 1 No None Detected Floor Tile, White LAYER 2 Plaster, Gray No None Detected Carbonates Quartz Non -Fibrous Binder/Filler 100% Quartz Gypsum Non -Fibrous Binder/Filler 100% 0322718-008 THROUGHOUT - SAMPLE FROM 2ND FLOOR LAYER 1 No None Detected Plaster -Scratch Coat, Gray LAYER 2 No Norte Detected Plaster -Finish Coat, White Quartz Gypsum Non -Fibrous BinderlFiller 100% Carbonates Mica Non -Fibrous Binder/Filler 100% Page 2 of 5 Page 189 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 5.51st Street, Suite B109, Phoenix, AZ 85044 0322718 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926.0 ADVANCED ENVIRONMENTAL Job# / P.O. #: 803 RICKER ST. Date Received: WATERLOO, IA 50703 Date Analyzed: 11/21/2024 Date Reported: Submitted By: Collected By: CITY OF WATERLOO-222 RANDALL STREET -WATERLOO, IA EPA Method: 24-29398 11/25/2024 11/26/2024 11/26/2024 JAY LLEWELLYN App.E to Sub.E of 40 CFR Part 763 and EPA1600/R-93 Lab ID Client ID Sample Layer Name I Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322718-009 2ND FLOOR 9 BATHROOM Shower Wall Adhesive, Gray No None Detected Carbonates Quartz Non -Fibrous Binder/Filler 100% 0322718-010 ATTIC 10 Attic Insulation, Brown/ Gray No None Detected Cellulose Fiber Carbonates 98% 2% 0322718-011 2ND FLOOR -SE 11 BEDROOM LAYER 1 No None Detected Plaster -Scratch Coat, Gray LAYER 2 No None Detected Plaster Texture, White Quartz Gypsum Non -Fibrous Binder/Filler 100% Carbonates Mica Non -Fibrous Binder/Filler 100% 0322718-012 ROOF 12 LAYER 1 Roof Shingle, Gray/ Blue/ Black LAYER 2 Felt Paper, Black LAYER 3 Tar, Black No None Detected No None Detected No None Detected Fibrous Glass 20% Carbonates Quartz Non -Fibrous Binder/Filler 80% Fibrous Glass 35% Carbonates Quartz Non -Fibrous Binder/Filler 65% Cellulose Fiber 30% Carbonates Quartz Non -Fibrous Binder/Filler 70% Page 3 of 5 Page 190 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322718 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11 /21 /2024 CITY OF WATERLOO-222 RANDALL STREET -WATERLOO, IA Job# / P.O. #: Date Received: Date Analyzed: Date Reported: Submitted By: Collected By: EPA Method: 24-29398 11/25/2024 11/26/2024 11/26/2024 JAY LLEWELLYN App.E to Sub.E of 40 CFR Part 763 and EPA16001R-93 Lab ID Client ID Sample Layer Name 1 Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322718-013 MAIN LEVEL -ROOM Sheet Flooring, White/ Gray 13 NORTH OF BASEMENT STAIRS Yes Chrysotile 17% Synthetic Fiber 3% Carbonates Quartz Non -Fibrous Binder/Filler 80% 0322718-014 BASEMENT 13A STAIRWELL LAYER 1 Drywall, White/ Brown LAYER 2 Joint Compound, White No None Detected Cellulose Fiber No None Detected 10% Gypsum Quartz Non -Fibrous Binder/Filler 90% Carbonates Mica Non -Fibrous Binder/Filler 100% 0322718-015 BASEMENT 14 STAIRWELL LAYER 1 Drywall, White/ Brown LAYER 2 Joint Compound, White No None Detected No None Detected Cellulose Fiber 10% Gypsum Quartz Non -Fibrous Binder/Filler 90% Carbonates Mica Non -Fibrous Binder/Filler 100% 0322718-016 BASEMENT 15 Duct Paper, Gray Yes Chrysotile 85% Cellulose Fiber 5°% Carbonates Gypsum Non -Fibrous Binder/Filler 10% Page 4 of 5 Page 191 of 549 Client: Address: Collected: Project Name: Address: EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite B109, Phoenix, AZ 85044 0322718 Phone: 800-362-3373 or 480-940-5294 - Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP# 101926-0 ADVANCED ENVIRONMENTAL 803 RICKER ST. WATERLOO, IA 50703 11 /21 /2024 CITY OF WATERLOO-222 RANDALL STREET -WATERLOO, IA Job# 1 P.O. #: Date Received' Date Analyzed: Date Reported: Submitted By: Collected By: EPA Method: 24-29398 11/25/2024 11 /25/2024 11/26/2024 JAY LLEWELLYN App.E to Sub.E of 40 CFR Part 763 and EPA1600/R-93 Lab ID Client ID Sample Layer Name / Asbestos Asbestos Type Location Sample Description Detected (%) Non -Asbestos Constituents 0322718-017 BASEMENT 16 LAYER 1 No None Detected Refractory Cement, Gray LAYER 2 No None Detected Refractory Cement, White! Beige Quartz Gypsum Non -Fibrous Binder/Filler 100% Quartz Gypsum Non -Fibrous Binder/Filler 100% 144- itgow44,4- Analyst - Ryan McDonough ,61 Signatory - Lab Director - Kurt Kettler DAtnWy strained. envy separable layers of swore, are analyzed as sr,bsamrles of me whale and are reported sapa',tely for each tlnntmble. layer All analyses are Mend from calarate1 owl aatmale and measured in area foment uMasa 1Mrms. need. TM report apples 1v vie standards or procedures identsed and to the samplers] lined. The tut rnutta we net necessarily Inmeatrs of reyresewws of to quality m me let from which flit sample was taken or of apparently banlcal or sandy poduM, nor do they represent an revery quaky naurance pogrom unless so noted Ths report 1 for the tac4srrs ye of the eddrnsed cairn and wed not Or reproduced wholly cc in pert for adwrtu 9 or Why poison cast our swerve or In connedlon wdh our name vAlaut specula written pelrn1aan The report ,hat not to 1epoduced estopl m fed. Nether,* vetted§ approval by our laturetory The samples not destroyed at testify are Maned a mammon of sixty days The laboratory me»u.ement df uncerttmy fez one lest maned is approximately eta man 1 by area percent Aeeredded by the Natenal Needs of Standards and Technoogy Vtlumvy Umnrmy Aecedaatan Pregem for seeded test mnthwite • far asbestos. The acaed1aton w any toywts generated by tars ebwatay In no way conerAules or invites product certmraton. approvalor endorsement by to Natomi Inoue or Standard§ and Technology The ',WI mat nal be and Iry Ina dent m alarm product cerstutnt approvalor enders were by NVI.AP MST or any agency of the Federal Government Page 5 of 6 Page 192 of 549 APPENDIX B INSPECTOR LICENSE AND CERTIFICATION Page 193 of 549 JAY LLEWELLYN DOB: 05.31-1961 Issued: 04-12-2024 This person is licensed to perform asbestos work in the State of lowa. ID card is intended for official use only and must be present on iobsite. License Type Number Expires INSPECTOR 24-11702 04-10-2025 SUPERVISOR 23-10998 11-15-2024 Asbestos [--4"--11/ Larry Johnson, Jr. Labor Commissioner Page 194 of 549 Page 195 of 549 APPENDIX C PICTURES Page 196 of 549 j/Vsse't' tea-a- d kA, _ .tom 3 5a a sm••+s.,, c:n Kl -C1 ,4.1 Page 197 of 549 t........ Page 198 of 549 City of Waterloo —222 Randall Street "!'1•7,•=•_.1.,:_,i., • '• , Floors unsafe in Living room Stairs to 2n floor Page 199 of 549 Front entry room — North wall— Plaster skim coat — NO ASBESTOS NE Entry - Linoleum -17% Chrysotile - Mastic - 3% Chrysotile Kitchen Sink Coating- 5% Chrysotile Page 200 of 549 NW room (Dining?) —West wall— Plaster skim coat— NO ASBESTOS NO Picture of charred ceiling tile in West rooms 2nd floor bathroom —Wall tile adhesive — NO ASBESTOS 2" floor Bathroom —floor tile (under debris) — NO ASBESTOS Page 201 of 549 2nd floor Bathroom ceiling- Plaster skin coat - NO ASBESTOS 2nd floor bathroom - Shower wall adhesive - NO ASBESTOS Attic insulation - NO ASBESTOS Page 202 of 549 2nd floor — SE bedroom ceiling -plaster skim coat — NO ASBESTOS 2nd floor bedrooms had carpeting (AND Debris) They had wood floors under carpeting & debris Page 203 of 549 Roof shingles & Flashing tar - NO ASBESTOS Room North of basement stairs - Sheet flooring-17% Chrysotile Basement Stairwell— Drywall Joint compound - NO ASBESTOS i Page 204 of 549 Basement Stairwell— Drywall Joint compound - NO ASBESTOS Basement — Duct paper — 85% Chrysotile West rooms - Wall cavity — Duct paper— 85% Chrysotile Page 205 of 549 Refractory cement in basement— NO ASBESTOS Basement photos Page 206 of 549 EXHIBIT "C" DRAFT ASBESTOS ABATEMENT SERVICES CONTRACT AB-2025-03-03P 1712 E 4th Street, 708 Mobile Street, 127 Newell Street, 418 Courtland Street, 1117 Lincoln Street, 227 Ricker Street, 406 Randall Street, and 718 W 2nd Street This Contract for Asbestos Abatement Services (the "Contract") is entered into as of April 7, 2025, by and between the City of Waterloo, Iowa ("City") and . In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of April 7, 2025 thru June 6, 2025, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFB response. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. Page 207 of 549 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within the term of the Contract, including any renewal extensions. 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. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record -retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City, and any other agency of state or federal government. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Reserved. 7. Indemnity. Except as to any negligence of City, its officials, officers, employees, agents, or elected officials, 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, agents and elected officials, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been 2 Page 208 of 549 given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work 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 3 Page 209 of 549 insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk 4 Page 210 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 3, 2025, and date of public hearing as April 7, 2025, in conjunction with the FY 2026 Levee Rip Rap Spraying, Contract No. 1120, 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 None Page 211 of 549 Page 212 of 549 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Motion to approve Change Order No. 3 with Boulder Contracting, LLC, of Grundy Center, Iowa, for a net increase of $8,030.50, in conjunction with Waterloo Convention Center Parking Ramp Repairs, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Adjust original construction quantities to actual construction quantities for a net increase of $8,030.50 NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Change Order No. 3 WCC Parking Ramp Repairs Page 213 of 549 Page 214 of 549 CITY OF WATERLOO, IOWA FINAL QUANTITY SUMMARY PROJECT: Waterloo Convention Center Parking Ramp Repairs Date Prepared: February 7, 2025 AMOUNT: $ 8,030.50 Increase TO: Boulder Contracting, LLC. , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated April 15, 2024. A. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As -built quantities varied for some bid items. C. Settlement for cost of work to be made as follows: Compensation already made to contractor through contract bid items and change orders. See attached summary. Total Net Increase $ 8,030.50 CITY OF WATERLOO BY: Boulder Contracting, LLC. Mayor ATTEST: Date CONTRACTOR City Clerk Date BY: 79,72 a/-9 5" ate PRINTED NAME: Loft TITLE: APPROVED: City Engineer Date Page 215 of 549 Final Quantity Summary Waterloo Convention Center parking Ramp Repairs AECOM No, 80617437 ITEM NO. ITEM UNIT BID PRICE CONTRACT QUANTITIES FINAL QUANTITIES DIFFERENCES INCREASE DECREASE TOTAL FINAL. AMOUNT - LS $ --- 6,750.00 --- . - -$ • $ 1 MOBIUZATION . __. .. - - �--- 1.00 1.00 2 CONCRETE REPAIRS CF $ 6,900.00 4.00 4.00 $ 3 PLASTER REPLACEMENT SF $ 35.00 280,00 387.30 107.3 $ 3,755.50 $ 3755.50 4 W36STEEL GUIDER BEAM RECONDITION8G LF $ 475.00 20,00 29.00 9.0 $ 4,275.00 -$ 4.275.00 $ 9,D30.s0. $ 8,030.50 ORIGINAL CONTRACT INCREASE/DECREASE CONTRACT MODIFICATIONS Cr 2 CONCRETE REPAIRS $ 4,000.00 4.00 4.00 - $ $ - 2 CONCRETE REPAIRS CF $ 5,900.00 21.35 21.35 - $ - S 5 ELECTRICAL CONDUIT REMOVAL AND REINSTALL 1.5 $ 3,393.50 1.00 1.00 - $ $ $ - CONTACT MODIFICATION INCREASE/DECREASE S - Division I Pay Estimate Number 1 Original Contract Amount $ 53,650.00 $ 53,650.00 Original Contract Modification Amount $ 125,358.50 $ 125,358.50 45,718.75 increase/Decrease Contract Modification $ 8,030.50 $ 8,030.50 Pay Estimate Number 2 $ 131,968.30 Final Contract Amount $ 187,039.00 $ 187,039.00 Pay Estimate Number 3 $ 9,351,95 Total All Payments p 187,039.00 Page 216 of 549 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Boulder Contracting LLC, of Grundy Center, Iowa, and release of final retainage in the amount of $9,351.95, in conjunction with the Waterloo Convention Center Parking Ramp Repairs Project. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Completion of Project and Recommendation of Acceptance of Work performed by Boulder Contracting LLC. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 217 of 549 ATTACHMENTS 1. Completion of Project - Boulder Contracting WCC Parking Ramp Repairs - Final Retainage 2. Completion of Project - Boulder Contracting WCC Parking Ramp Repairs Signed Bid Page 218 of 549 WATERLOO CONVENTION CENTER PARKING RAMP REPAIRS FINAL-RETAINAGE RELEASED Boulder Contracting, LLC. Pay Estimate No.: 3 AECOM NO.60720067 Period Ending: 1/31/2025 ITEM NO. ITEM UNIT BID PRICE AUTHORIZED WORKING QUANTITY AMOUNT QUANTITIES AMOUNT 1 MOBILIZATION L5 $ 6,750.00 1.00 $ 6,750.00 S 6,250.00 1,00 2 1-COa1 COI:CRETEAEPAIAS(Original Prket Cr $ 6,900,00 $ (1,000.00) 4,00 $ 27,60000 4.00 $ 27,600.00 CONCRETE RUMPS (DEDUCT) CF 4.00 $ (4,000.00) 4.00 $ (4,000.00) $ 125,96500 $ 13,555.50 $ 13,775.00 $ 3,391-50 2COA1 CONCRETE REPAIRS (New Prke) CF $ 5,900.00 21.35 $ 125,965.00 21.35 3 PLATER REPIACEMENI 5F $ 35.00 290.00 $ 9,800.00 387.30 29.00 ion _ 4 W36STEEL GIROER BEAM RECONomO..ING LF $ 475.00 20.00 $ 9,500.00 5 ELECTRICAL CONDUIT REMOVAL AND REINSTALL 15 $ 3,393.50 1.00 5 3,193.50 7,1,144441 fi offppp�����,��-��w [ w `187,039.00 2/6/25 SUBTOTAL $ 179,008.50 $ 187,039.00 Authorired Amount Total Earned to Date Less 5% Retalnage Subtotal Less Previous Payment Due this Estimate Tl $ 179,008.50 $ AECOM QO Michael De e9 P.E., Project En eer /,, II /v/ Date $ 187,039.00 $ 177,687.05 $ 9,351.95 City of Waterloo Greg Ahlhelm, Buil ng 'Cal Date Boulder cting, LLC Luke Kjormoe, Arincip oat Page 219 of 549 t\ffroueci �--ls--a 4 FORM OF BID OR PROPOSAL WATERLOO CONVENTION CENTER PARKING RAMP REPAIRS CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa 1. The undersigned, being a Corporation existing under the laws of the State of h , a Partnership consisting of the following partners: Emit y-Te0. , having familiarized (himself) (themselves) (Itself) with the existing conditions on the project area affecting the cost of the work, and with the General Specifications and Project Specifications, 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 WATERLOO CONVENTION CENTER PARKING RAMP REPAIRS, all in accordance with the General Specifications and Project Specifications and for the unit prices for work in place for the following Items: RID ITEM DESCRIPTION UNIT EST QTY UNIT BID PRICE TOTAL BID PRICE 1 Mobilization LS 1.0 $ 6,75*.a.op $ 0049, cro $ 4,750,av $ a7,Ge,,, 2 Concrete Repairs CF 4.0 3 Plaster Replacement SF 280 $ -mac, $ tgfro,ot 4 W36 Steel Girder Beam Reconditioning LF 20 $ 47�� $ ,,5�. TOTAL BID AMOUNT $ 67, 65o,civ 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 5. Attached hereto is a Bidders Status Form. 6. The bidder is prepared to submit a financial and experience statement upon request. 7. The bidder has received the following Addendum or Addenda: Addendum No. 1 Date 3Jaa ail Addendum No. Date Addendum No. Date Addendum No. Date 8. The bidder shall list the MBEIWBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre -bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 pan. the business day following the day Bids on this Project BID PROPOSAL PAGE 1 OF 2 WATERLOO CONVENTION CENTER PARKING RAMP REPAIRS AECOM 60720007 WATERLOO, IOWA Page 220 of 549 are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal andlor submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 9 The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA" 10. The bidder has attached all applicable forms. 11. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. SUBMITTED BY: I30141-6Cw m c*r at, Lie, (Bidder) (Address) SIGNED BY: Oggar (Title) ACCEPTED BY CITY OF WATERLOO: QuenWz SIGNED BY: Mayor 3404.1 (Date) 4/15/2024 (Title) (Date) (Date) SIA PROPOSAL PAGE 2 OF 2 WATERLOO CONVENTION CENTER PARKING' RAMP REPAIRS AECOM 60720007 WATERLOO, IOWA Page 221 of 549 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in ail solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion ar affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with This contract and with rules and regulations of the City's Affirmative Action Program —Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of stroll rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, ar incorporate by reference, the provisions of the non-discrimination clause in every contract, EQUAL OPPORTUNITY CLAUSE EOO-1 OF 2 P.Y. 2022 Anaerobic Lagoon Blower Building Interim Repairs AECOM 46072.0067 WATERLOO, IOWA 12 Page 222 of 549 subcontract or purchase order unless exempted by the rules, regulations or orders of tho City's Affirmative Action Progratn, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) ipr(oprirte Official) (Title) (Date) EQUAL OPPORTUNITY CLAUSE LOC-2 OF 2 F.Y. 2022 Anaerobic Lagoon Blower Building interim Repalts AECOM JJ64720087 WATERLOO, [OWA 13 Page 223 of 549 Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: [E 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). fl Yes ❑ No My company has an office to transact business in Iowa. E] Yes ❑ No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. ® Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. ® Yes [] No 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 Pails C and D of this form. To be completed by resident bidders Part B My company has maintained offices in lowa during the past 3 years at the following addresses: 'Dates: I / r f 8c1 to 011144AIT 1 Address: col: a. I f City, State, Zip: G�u„ev C r , % 5-04 d Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: You may attach additional sheets) if needed. City, State, Zip: 40114.4. Part C To be completed by non-resident bidders 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 certify that the statements made on this document are true and complete to the best of my knowledge and l know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: eons-N Gmrrn•tiLrrra;., t LC Signature: Date: .9/It./?k 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. 15 309-6001 (09-15) 13SF-I Page 224 of 549 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 ❑Yes No ❑ Yes n No 7g` Yes ❑ No ❑ Yes 14No My business is currently registered as a contractor with the lowa Division of Labor. My business is a sole proprietorship and I am an lowa resident for lowa 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 lows 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 tiled 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 lowa secretary of state, has flied 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 KI No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. ❑ Yes Ni" No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification' in lowa and a statement of cancellation has not been filed. ❑ Yes [ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. ❑ Yes No V] Yes ❑ No ❑YesprNo 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 (09-15) r3S3;-2 16 Page 225 of 549 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of /-awA ) )ss County of 6a4 erov ) L.s JIo , being first duly sworn, deposes and says that: 1. He is wne -, Partner, Officer, Representative, or Agent) , of &ri+-Dr (¢l,r raNg,, tcC. , e 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 an the part of the Bidder or any of Its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Octiefitie— Title Subscribed and sworn to before me this 2e711 day of 0141(2"--44 My commission expires 5/ 6/2024 NON -COLLUSION AFFIDAVIT NCA-1 OF 1 AECOM N00720007 Title , 2024 DAVID B CAPSOPOULOS Notarial Seat - Iowa Commission Humber 80 39 My Com on tx. fires 5 /6 2 Wnleifoo Conveniton Center Packing Ramp Repairs WATERLOO, IOWA 11 Page 226 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $1,840,622.31, in conjunction with the FY 2022 Sullivan Brothers Plaza Renovation, Contract No. 1069, and receive and file a two-year maintenance bond. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 227 of 549 1. Maintenance Bond Page 228 of 549 MAINTENANCE BOND ALL MEN BY THESE PRESENTS: Bond No. 2330209 That, Vieth Construction Corporation of Cedar Falls, IA as Principal, and the Swiss Re Corporate Solutions America Insurance Corporation are held and firmly bound unto City of Waterloo, Iowa as Surety, in the penal sum of One Million Eight Hundred Forty Thousand Six Hundred Twenty-two & 31/100 ($ 1,840,622.31 ) Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas the said Principal entered into a certain contract, with City of Waterloo, Iowa To furnish all the material and labor necessary for the construction of City of Waterloo Sullivan Brothers Plaza Renovation, Waterloo, IA in Waterloo, IA In conformity with certain specifications; and Whereas a further condition of said contract is that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from date of acceptance of the work under said contract; and Whereas the said Swiss Re Corporate Solutions America Insurance Corporatic for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo, Iowa Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost and expense, remedy any and all defects that may develop in said work within the period of two (2) years from the date of date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise, to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and seals this 4th day of March , 2025 Vieth Construction Corporation Pri cipnl. By: CJ Swiss Re Corporate Soluti is Ammeric Insurance Corporatipj,,, ►ilTGt Q AL ni L Attorney -in Tics � •.,1 1200 Main Street, Suite 800 Address Kansas City, MO 64105-2478 Page 229 of 549 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPOR'I' INSURANCE CORPORATION ("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, CINDY BENNETT, ANNE CROWNER, TIM McCULLOH, DIONE R. YOUNG, SETH ROOKER, JENNIFER MARINO, JOSEPH TIERNAN, KATE ZANDERS, SARA HUSTON, JOHN CORD LUKAS SCHRODER and JAMIE GIFFORD JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS sT�ciiPllk•'',.s '4iS41gq _�"•By SItr+� Erik Janssens, Senior Vice President of SRCSAIC &Senior Vice President G� r 6/,�. I ` L ?' SEAL of SRCSPIC & Senior Vice President of WIC This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RE30L VED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any czrtifi.ate re ating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be biudine tllsnn the Corporatio7 when so affixed and in the future with regard to anv bond, undertaking or contract of surety to which it is attached." ,• RAm hr' "'• P y s' f U73 .so=. 2.441 By Gerald Jagrowski, Vice President of SRCSAIC & Vice President of SRCSPIC & Vice President of WIC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 2nd day of FEBRUARY , 20 24 State of Illinois County of Cook Swiss Re Corporate Solutions America Insurance Corporation Swiss Re Corporate Solutions Premier Insurance Corporation Westport Insurance Corporation On this 2nd day of FEBRUARY 20 24 before me, a Notary Public personally appeared Erik ,fallssci1s , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFIOIAL SEAL- - - CHRIS7INA MANISCO WARY Pt L 8L 7A1E OP L�111s rtCe"irrinkn ExPIrm lied' Mlle �ca`�Ar'4oGd I, Jetli-ev G,pldbcxe, the duly elected Senior Vice President and Assistant Suirrtarq of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. IN WITNESS WI-IEREOF, I have set my hand and affixed the seals of the Companies this 4th day of March , 20 25 . Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC Page 230 of 549 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Motion approving appointment of Sheila Combs to the position of Airport Business Manager in the Airport Department, effective March 18, 2025. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. AIRPORT BUSINESS MANAGER 1.2025 Page 231 of 549 Check as applicable: PERSONNEL REQUISITION FORM To start recruiting or civil service process and/or // To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Airport Business Manager Department: Airport Reports To: Director of Aviation Work Location: Airport Employment Status: ® Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: Non -bargaining Position: ® Yes Yes ❑ No ® Yes No Recommended Recruitment Sources: ® Internal Posting Only No Internal Posting and External Advertising Complete the following if the requisition is to fill a vacancy: ® New Position or ❑ Replacement Position for: Reclassify Airport Bookkeeper (Specify name and title of former incumbent) If replacement, former incumbent: ❑ Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: Date of final payout: Anticipated start date: ASAP No. of hours/week: 40 Work schedule: 8:00-5:00 M-F Justification of need for position: The Airport Bookkeeper, a 20+ year employee, has been under -classified and undercompensated for many years, as the position has expanded to include greatly increased responsibilities. Past Directors of Aviation discussed these reclassification efforts for years. The Airport Board approved a request to reclassify this position in 2019, but there was no follow-through. The HRGov consultant who performed the 2023 Wage Survey Study interview of the Airport Bookkeeper also stated this position was seriously under -classified and undercompensated. Once the Airport security upgrade to Category 3 is completed, this position will also oversee administrative staff who will be needed to help complete background checks and badging requirements for all Airport tenants and employees. What are the likely consequences if the position is not filled? This role oversees key financial management functions and is needed to fill in as Director of Aviation when the Director is out of the office so that work can proceed and decisions can be made as needed in order to better serve the public and the aviation community, as well as other city departments. APPROVALS Annual salary requirements: $59,217.60 - $81,972.80 Hourly Rate: $28.47 - $39.41 Benefits: $ 39.41 are $58.52 hourly & $121,714.65 annually (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? ❑ Yes ® No If no, how will position be funded? AIP.0049, FAA CRRSA Grant and AIP.0052 FAA ARPA Grant. Personnel costs were submitted for reimbursement Created 6/30/2017 Page 232 of 549 as an approved use under these grants. Funds are currently available in the Airport Operating budget to increase personnel costs. Approved subject to the following conditions: 1/2/2025 Submitting Department Head eNQaac' 01/13/2025 09:19 AM EST Date O uer it gtari sii 01/09/2025 12:48 PM EST Finance Director 'kcal Feu.55 01/13/2025 09:50 AM EST Date Human Resources Committee Chairperson Date Mayor Date Lug ce 1/ WW 01/13/2025 08:57 AM EST Human Resources Director Date Created 6/30/20I 7 Page 233 of 549 PERSONNEL REQUISITION Airport Business Manager 1. What are the key job responsibilities of this position? Grant management, financial reporting to the FAA and the Airport Board, annual budgeting, budget management throughout the fiscal year, tenant relations, contract management, accounts payable, revenue and cash management, badging administration, compliance with city, state and federal regulations, serves as Airport Board secretary. In the absence of Director of Aviation, act as Director of Aviation. 2. Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. The Airport Administration office is currently staffed solely by the Director of Aviation and the Airport Business Manager/Bookkeeper. 3. How is the work of this position being accomplished now? The Airport Bookkeeper has been completing this work in an under -classified and undercompensated position. This position would remove the Airport Bookkeeper position. 4. Are the filled positions in your department currently being utilized to their maximum potential? Yes. 5. How would filling this position meet the needs of your department, or the City, on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? Short -Term: N/A Long -Term: As only a small piece of this, in order for the Airport to continue to grow and better serve the community, it is necessary to upgrade the security level to Category 3, which will require background checks and strict badging requirements for all employees, tenants and contractors who access the perimeter gates to the hangars and airfield. This will require additional staff, working under the direction of the person in this reclassed position. Page 234 of 549 Summary: The filling of this position is important, as noted above in No: 5, to plan for the future growth of the Airport. Additionally, this reclassification is long overdue, due to past Airport Directors who planned for this but failed to act on those plans. 6. What cost savings or revenues, if any, would your department or the City realize if this position is filled? This position will assist in growth of current and future revenues. 7. If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position, and over what period of time? No the airport is currently not paying overtime. 8. How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? The airport plans to increase and diversify its revenue streams in the next few years. This will require more work and involvement from airport staff. The airport also has not been as active in enforcement of lease terms, this position would assist in accomplishing enforcement. 9. If this position is not filled, what affect will it have on your department? If this position is not filled and the Airport Bookkeeper was to leave to take a more appropriate position, either in another department or outside of the city, there would be no one to complete the duties of this position, as no one is trained to back up the Bookkeeper/Business Manager. What work will not get done? FAA and State grant reimbursements, annual financial reporting to the FAA, monthly billings to tenants, weekly deposits of revenue received, weekly invoice batch, Council/Finance agenda items, plus much more. What costs will you incur? FAA Annual Financial reports are required to maintain the airport's AIP grant program. The city would not receive reimbursement for work done under AIP grants if the reimbursements aren't submitted. Suppliers would not work with the airport if their invoices were not paid in a timely manner. Some tenants would not continue to pay if they don't receive invoices. Please be as specific as possible. See above. Page 235 of 549 10. How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The Airport Director covers phones, emails and meetings, but most of the workload waits until the incumbent returns from vacation. 11. Is it possible that the City could outsource this position to an outside agency? Very unlikely, as it's important to know the ins and outs of the airport industry. If so, what savings, if any, would the City realize as a result of this change? N/A 12. How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position would be an integral position for the success of the airport. The position ensures airport revenues and expenses are properly completed. 13. How does this position impact the Goals and Objectives for the City adopted by the City Council? This position would greatly impact the goals of the City Council and the airport. This position allows for the continued growth and development of the airport and ensures the airport has a properly staffed and trained airport. Additionally, and to comply with the City of Waterloo's Goals and Objectives, Goal No: 4, as follows: "Enhance the image of Waterloo and the City to residents (and airport tenants and users of ALO) and businesses both inside and outside of the community." A properly staffed and trained Airport Staff helps to enhance the City's image not only by keeping the facility and grounds looking nice, but also by creating a safe environment for airfield and aircraft operators and ALO's passengers. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 236 of 549 CITY OF JTERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA AIRPORT BUSINESS MANAGER DEPARTMENT AIRPORT BUSINESS MANAGER SALARY $59,217.60-$81,972.80 FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT NON -BARGAINING GENERAL STATEMENT OF DUTIES The airport business manager leads the day-to-day operations of the Waterloo Regional Airport office under the direction of the Director of Aviation. This role oversees financial management, administrative functions, strategic initiatives and plays a key role in shaping the future of the Waterloo Regional Airport. The business manager serves as the administrative liaison between the airport board and the other City departments and exercises discretion and independent judgement. The business manager will supervise any additional administrative staff and fill in during the Director of Aviation's absence. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Assist with the preparation and administration of FAA and Iowa DOT multi -million -dollar grants, including managing records, submitting grant reimbursement requests and completing audits. 2. Prepare and submit financial reports to various agencies, including the FAA (Forms 126 & Form 127) and assist with year-end audits. 3. Lead the preparation, analysis, and management of the annual operating budget, ensuring accurate forecasting and financial stewardship. 4. Participate in high-level decision making with the Director of Aviation and the airport board, contributing to strategic initiatives and airport master planning. Act as a key point of contact between the Director of Aviation, city departments, and external stakeholders facilitating strong relationships and partnerships. 5. Oversee the work of administrative and support staff, ensuring high performance and accountability. Provide mentorship and training to staff. Participate in staffing decisions, including recruitment, performance evaluations, time off approvals, and disciplinary actions as necessary. 6. Handle monthly billing and payments for airport tenants, maintain the hanger waiting list, and ensure effective communication with such tenants as FAA, TSA, and FBA employees. Assists in lease compliance for tenant leaseholds. Manage and direct cleaning service contract. Page 237 of 549 7. Manage requisitions, purchase orders, weekly invoice batches, expenditure authorizations, travel requests, and council agenda submissions. Compile statistical and accounting reports for various departments and the airport board. Responsible for multiple cash drawers. 8. Oversee parking lot equipment functionality, audit revenue, and ensure proper recording of electronic deposits. 9. Oversee badging process and staff to ensure compliance with regulatory requirements. 10. Provide support to airport operations staff, including bi-weekly timecard approvals, benefit time audits, and contract reviews. 11. Serve as airport board secretary, preparing minutes and supporting strategic planning initiatives. 12. Investigates complaints regarding violations of the plumbing code. 13. Ensure compliance with city, state and federal regulations, particularly with grant programs. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Ability to supervise and train staff. 2. Expertise in managing financial operations, including budgeting, auditing, and grant administration. 3. Knowledge of occupational hazards and safety procedures of general airport work. 4. Ability to express ideas both orally and in writing. 5. Ability to exercise independent judgment in completion of assigned projects through prioritization. 6. Ability to communicate effectively and maintain working relationships with coworkers, tenants, government agencies, supervisors, board members, city personnel, and the public. 7. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. 8. Proficient in Microsoft Suite and other specialized software. Familiar with technology used in administration and financial reporting. ACCEPTABLE EXPERIENCE & TRAINING 1. Bachelor's degree in Accounting, Finance, or Business Administration (or equivalent experience). 2. Preferred experience in accounting, budgeting, and supervisory roles. 3. Experience with public interactions and computer networks. 4. A valid Iowa driver's license and a clean driving record per the City of Waterloo policy. 5. Ability to pass background check as required by Airport Security Plan. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Ability to sit, stand, bend, stoop, push, pull, and reach as required. 2. Dexterity to use computers and technology equipment. 3. Sufficient hearing and communication abilities to respond to phone calls, emails, and in -person inquires. Page 238 of 549 WORK SCHEDULE Generally, 8:00-5:OOpm Monday through Friday, (with a one -hour unpaid lunch). Some meetings may require attendance outside of these hours. ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. AIRPORT BUSINESS MANAGER 2025 - ADMIN GRADE 5 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 239 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Motion to approve the appointment of Travis Miller from the current Civil Service List to the position of Plant Maintenance Mechanic in the Waste Management Services Dept, effective March 31, 2025. RECOMMENDED COUNCIL ACTION Approve Appointment of Travis Miller 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. MAINTENANCE MECHANIC CS LIST (exp 2.26) 2. PLANT MAINTENANCE MECHANIC 12.2024 signed req Page 240 of 549 Page 241 of 549 CITY OF ��J J�TERLOO Community of Opportunity February 13, 2025 TO: Honorable Mayor & City Council 715 Mulberry St, Waterloo, IA 50703 Phone: (319) 291-4303 Fax: (319) 291-4569 CITYOFWATERLOOIOWA.COM We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Maintenance Mechanic for the City of Waterloo, Iowa WMS. This list shall be used to fill any vacancy in the Maintenance Mechanic classification from February 13, 2025 — February 13, 2026. Respectfully submitted, Dr. Bev Smith Date CERTIFIED LIST Jeff Nelsen-Ohrt J Nicholas A Hulsebus Travis Miller Michael Smock Dr. Robert Welch Date Marianne Kurtnebach Date *January 6, 2025 the Waterloo City Council voted to suspend the Civil Service hiring practices for entrance positions as allowed by the Iowa Administrative Code section 400.12A until January 6, 2026; therefore no signatures are required to certify this list. Page 242 of 549 PERSONNEL REQUISITION FORM Check as applicable: To start recruiting or civil service process and/or &4 To fill a vacancy 0 Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Plant Maintenance Mechanic Department: Waste Management Services Reports To: Plant Maintenance Mechanic Foreman Work Location: WMS Plant Easton Ave Employment Status: Regular Full Time 0 Temporary Full Time from 7:00 am to 3:00 pin 0 Regular Part Time C 'Temporary Part Time from to E: Regular 7-Month ri Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: Z Yes 0 No ,UJnternaI Posting Onl Bargaining Position: Yes 0 No Internal Posting and External Advertising Bargaining Group: 177 Non -bargaining Position: 0 Yes No **4.******************************************.*****.**•******.****.******.**********.************ Complete the following if the requisition is to fill a vacancy: 0 New Position or Replacement Position for: Maintenance Mechanic promoted to 'Orman If replacement, former incumbent: 0 Retired/Resigned/Terminated 0 Transferred Promoted Date incumbent terminated employment: Date of final pa out: Anticipated start date: ASAP No. of hours/week: 40 Work schedule: 7:00 am to 3:00 pm Justification of need for position: Minimum staffing requirements were established to operate the Waste Management Plant and will be below that level What are the likely consequences if the position is not tilled? More overtime, not meeting our minimum staffing requirement. Efficiencies of the operational requirements would he affected. APPROVALS Annual salary requirements: $68,450.97 flour!) Rate: $32.91 Benefits:$51.00 hrly/$106,080.21 aunt.) roll taws, pension, health ins - assinning ramih Is position budgeted for this and future FYs? i4 Yes 0 No lino, how will position he funded? Approved subject to the following conditions: Submitting Department I lead 7100.44( ',6!0 12/16/2024 11:47 AM EST I )ate Chief -Financial Officer Ra-ci Fe.u..55 .1,tt6 12/16/2024 03:37 PM EST 11111 "ommittee Chairperson ;(1 2017 Date Dale Querdin SIGNED 12/15/2024 11:01 PM EST 1at)t. 12/16/2024 1132 AM EST NA/ I )ate IIt1Ill,111 Resources Director Date Page 243 of 549 CITY OF tTERL©© Community of (tuty FLSA Submit resume by going to www.cityofwaterlooiowa.com clicking on Career Opportunities, reviewing the position and following the directions to submit a resume. We will not accept mailed, faxed, hand -delivered or directly mailed resumes. Deadline to submit a resume is noon Friday CIVIL SERVICE BARGAINING UNIT WASTE MANAGEMENT SERVICES 531.91, WITH $1.00 INCREASE AFTER 6 MO N ON -EXEMPT INCLUDED MUNICIPAL EMPLOYEES local #177 GENERAL STATEMENT OF DUTIES Skilled technical position responsible for installing, repairing and general maintenance of plant equipment, machinery and facilities at the Pollution Control Plant and City lift stations. The work is performed under the general direction of the Maintenance Foreman and Waste Management Services Directors, but considerable leeway is granted for the exercise of independent judgment No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. The essential functions are performed according to the Standard Operating Procedures, The procedures have been developed for the local jurisdiction based on generally accepted standards for wastewater treatment facilities. 1. Maintains and repairs a variety of equipment, machinery and control systems. 2. Installs and/or performs major mechanical repair of pumps, engines, motors and other auxiliary equipment. 3. Performs electrical, plumbing, and welding to repair equipment. 4. Performs daily field checks of all systems operating equipment for proper operation and needed maintenance. 5. Performs routine preventative maintenance and repair of a variety of equipment and machinery. 6. Performs general building and grounds custodial tasks Including painting, mowing, shoveling snow, and repairing windows. 7. Lifts, carries, pushes, pulls items weighing up to one hundred (100) pounds with assistance as needed. 8. Drives light and heavy-duty equipment and vehicles as assigned 9. Works outside in all weather conditions; works near and around mechanical, hydraulic and electrical hazards; noise level is loud; atmosphere may contain dust, infectious waste, toxic and explosive gases or unfavorable natural ventilation; visibility might be poor and mobility lifted; walking surface Page 244 of 549 may bewet mslippery. 10 May stoop, kneel, reach, turn, crawl, climb orcrouch for onextended period of time inacramped o,difficult toreach areas. ll. Enters and works in confined spaces with entry space being as small as twenty-two (22) inches using permanent or portable vertical ladders at a depth of up /o fnny (48) feet; climbs and works at heights up to fifty (50) feet. 12, VV*,ks at different o, repetitive workload pace' independently and with others with min/mum supervision. 13, Attends work regularly axthe designated time and place. 14 Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Waste Management Services safety rules and regulations. 15Performs all other duties asassigned REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES I. Considerable knowledge cf standard practices, methods, tools and materials rf the mechanical trade. 2, Considerable knowledge of welding, metal *md`' machine wu,h and related occupatknna| hazards connected with general maintenance operations 3. Considerable knowledge and skill in use and care of bench and hand tools, machines and equipment of the mechanical trade. 4. Knowledge of occupational hazards and the safety precautions necessary in the operation and maintenance nfapollution control facility. 5� Ability »uassess and repair complex maintenance problems using tuo|s, materials and procedures involved in machine, pump, motor and other equipment installation and repair and make decisions based onstandard operating procedures 6 Ability tounderstand and carry out difficult oral and written instructions, 7. Ability to communicate orally and in writing when required to present tacts and recommendations clearly and concisely. D. Ability to limit exposures to infectious waste, toxic and explosive gases o, unfavorable natural ventilation. 9 Ability wocomplete daily work sheets, keep thorough maintenance records, prepare written reports, complete forms and perform required record keeping, lU, Ability mucomplete assigned work projects without direct supervismn ll� Ability tocommunicate with coworkers and supervisors by radio, give and receive instructions, ana read, analyze and record complex technical data and computations. lZ� Ability to communicate effectively and maintain working relationships with coworkers and supervisors, }] Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE &TRAIN|NQ 1 High school dipk,,na/eqwwalent, 2 Mum obtain aGrade |VVaoe Water Operator Certification from the State nfIowa within twenty- four (24) months cdemployment; Failure to obtain this certification within the stated time will result in termination of employment. Must ma!ntam this certification after employment. Failure Page 245 of 549 may be wet or slippery 10. May stoop, kneel, reach, turn, crawl, climb or crouch for an extended period of time in a cramped or difficult to reach areas. 11. Enters and works in confined spaces with entry space being as small as twenty-two (22) inches using permanent or portable vertical ladders at a depth of up to forty (40) feet; climbs and works at heights up to fifty (50) feet. 12. Works at different or repetitive workload pace. independently and with others with minimum supervision. 13. Attends work regularly at the designated time and place. 14. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Waste Management Services safety rules and regulations. 15. Performs all other duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1 Considerable knowledge of standard practices, methods, tools and materials of the mechanical trade. 2. Considerable knowledge of welding, metal work, machine work and related occupational hazards connected with general maintenance operations 3- Considerable knowledge and skill in use and care of bench and hand tools, machines and equipment of the mechanical trade. 4. Knowledge of occupational hazards and the safety precautions necessary in the operation and maintenance of a pollution control facility. 5. Ability to assess and repair complex maintenance problems using tools, materials and procedures involved in machine, pump, motor and other equipment installation and repair and make decisions based on standard operating procedures 6. Ability to understand and carry out difficult oral and written instructions. 7. Ability to communicate orally and in writing when required to present facts and recommendations clearly and concisely. 8. Ability to limit exposures to infectious waste, toxic and explosive gases or unfavorable natural ventilation. 9. Ability to complete daily work sheets, keep thorough maintenance records, prepare written reports, complete forms and perform required record keeping. 10. Ability to complete assigned work projects without direct supervision. 11. Ability to communicate with coworkers and supervisors by radio, give and receive instructions, and read, analyze and record complex technical data and computations. 12. Ability to communicate effectively and maintain working relationships with coworkers and supervisors. 13. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school diploma/equivalent. 2. Must obtain a Grade I Waste Water Operator Certification from the State of Iowa within twenty- four (24) months of employment; Failure to obtain this certification within the stated time will result in termination of employment. Must maintain this certification after employment. Failure Page 246 of 549 to maintain the appropriate certification will result in disciplinary action up to and including layoff or termination. i Minimum two years'experience as machine maintenance mechanic including plumbing, mechanical and electrical experience 4. Must obtain within six month probationary period and maintain Iowa [lass A o, 8 Commercial Driver's License. Good driving record based on City vfWaterloo driver performance criteria A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea Of guilty, plea nfnocontest or its equivalent nrconviction for OVVi' reckless driving urother major moving violation within the previous five years; four ormore citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the posidoo, disciplinary action orcontinuing employment status may he reviewed for the following: tour urmore moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving orother major moving violation within the previous five years; two ormore at - fault accidents within a thneefeor period while driving on City business; three or more at -fault accidents within athree year period. 5. Anapplicant's driving record will bereviewed prior tnanoffer cdemployment. 6, Must be trained regarding Permit Required Confined Space Program as required by department head 7, Willing oobeCPR and First Aid Certified ifrequired bydepartment head, ESSENTIAL pHYSCV\LABILITIES The following physical abilities are required with n,without accommodation, i. Sufficient strength to pedqnn assigned tasks including but not limited to lifting and carrying up to one hundred (100) pounds with assistance as needed or to move barrels weighing up to five hundred (SOO) pounds with proper equipment. 2, Sufficient physical and mental stamina to work double shifts during flood o, other weather emergencies. l Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and supervisors over the telephone and radio. 4Sufficient personal mobility that permits the employee tnoperate vehicles inall types of weather, move from one Waste Management Services facility to another and work in cramped spaces or difficult xoreach areas. 6. Sufficient manual dexterity and coordination for safe operation of manual and powered equipment; ability tograsp/grip tools, switches and valves. 6 Sufficient depth perception, peripheral vision and color vision to work around machinery, operate equipment and identify indicator lights oncontrol panels. 7� Sufficient hearing no diagnose machinery prob|ems, to communicate with coworkers and for safety purposes. MISCELLANEOUS Required *owear personal protective equipment, such as safety shoes, safety glasses, hardhat and hearing protection. Page 247 of 549 2. Required to wear standard uniform as supplied by City 3. Must comply with the City of Waterloo Residency Policy for Critical Employees (must live within 10-mile radius of Waterloo City Hall) within six months of employment. Must maintain a local telephone number in order to be contacted during emergencies 4 Required to submit to Department of Transportation requirements for CDL driver's including pre -employment, post -accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 5. The City of Waterloo requires a physical examination by a physician of the City's choice, including a drug test, to determine if an applicant is capable of performing the essential functions of this job classification. Failure to pass these tests will result in withdrawal of employment offer. 6 The City of Waterloo reserves the right to conduct a background investigation including employment and criminal history checks on any applicant being considered for this position 7. Required to submit to and pass Civil Service examination procedures including oral interview testing. May also be required to prove mechanical aptitude. WORK SCHEDULE Generally 7:00-3:00 Monday through Friday, but may be called any hours or days for maintenance related breakdowns, plant emergency or severe weather conditions. Intermittent overtime based on staffing needs. ORAL EXAMINATION Qualified applicants who apply by the deadline date will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability ORAL EXAMINATION All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. PLANT MAINTENANCE MECHANIC WMS 2023 A.A./E.E.O. Minority. female & disabled individuals are encouraged to apply. Page 248 of 549 PERSON N E I REQUISITION Plant Maintenance Mechanic Waste Management Services Dept. 111 What are the key job responsibilities of this position? Performs critical repairs on mechanical equipment al the WWTP and Lift Stations. (2) Can the job responsibilities of this position be assigned to other etnplo ees within the department? If no, why not? ,Na, due to amount of equipment in the DepLand skill set required for this position, (3) How is the work of this position being accomplished now? This is a recent vacancy and work is not being performed (4) Are the tilled positions in your department currently being utilized to their maximum potential? yes (5) How would filling this position meet the needs of your department or the Cit.) on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? Helps assure ethical equipment is repaired in a tiinelyfashion. (6) What cost savings or revenues, tt any, would your department or the realize if this position is tilled? Being able to properly complete PM's and required maintenance will better insure equipment is properlymaintained and reduce overall costs. (7) Ityou are paying overtime or comp time ithin your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? None - some work that is not of a critical nature is not being completed and that contributes to excessive wear. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The Satellite plant was put into operation in last 12 months. The WWTP is aging often requiring more needed ntaitetenance and we have added additional slorm sewer lift stations needing maintained- (9) If this position is not filledwhat affect will it have on your department9 What work will not get done? What costs will you incur .' Please he as Page 249 of 549 specific as possible. Critical equipment may not be repaired in a timely fashion — cost would be a guess but could be extensive. (10) HOW do you cover the responsibilities for this position whenever the incumbent is out oil viteatioii? Other employees maybe required to work ertra hours. Is it possible that the City could outsource this position to an outside agency? If so, what savings. itany, would the City realize as a result of this change'? Only if the entire WWTP operations were to he contracted nut would it be possible to contract out this position. (12) I low would you rank this position in terms of its contribution to ('ity. business in comparison with other positions reponini! to you'? High 13) Flow does this position impact the Goals and Objectives for the City adopted by the City Council? It helps to insure compliance with our NPD1:...S' permit and consent decree. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 250 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department March 17, 2025 AGENDA ITEM TITLE Matthew Chapman, Board/Commission: Board of Electrical Examiners and Appeals, Expiration Date: November 10, 2026, [renewal]. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards and Commissions Application - Matthew Chapman Page 251 of 549 Sep 191402:04p Chapman Electric Inc 319 988-9146 p.1 Date: ' , CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION RECEIVED SEP 1 2014 I, %4•4Troll.tJ 64-1,fek-ieva , request to be appointed to (state preference): (Name) GAG, ISa+°►►IC) 2. Horne Phone: Cell Phone: 3/ 9-25'o,.2S60 Work Phone: Home Address3& a At) £» 4441c .469Xe4 Zip Code 506 r 3 Employer Ce .4PM.ev) Title Es-rx.,p,rre,/3 ear /Alumc-€/C Employer Address a`13 ca t rrdvG- Ar;3,64. 2e Zip Code 576 2 How long have you resided in Waterloo? years List current membership in organizations and offices held: A1oNF I am available for meetings: ❑ A.M. . P.M. LL Noon t Evenings I am available to serve on a Board/Commission the entire year: X Yes L No If no, list months not able to serve; Briefly explain your qualifications for appointment to a designated Board/Commission: .e rlrt stnl �1, C: {-r9t ►JTIt seng rid m A tt u d X 1-14V1 .1 G-RL -r t,. a V X .74- s. rni aY6jj carythi.t] G-xet-To P.. Y Rcp 4.6 x t -r,It, Ot 5ol.1 "",95= Ve,- tRve SS s. H-41,4 yN X `iR4.s`r' ,Su "rile 5,1p RQ pi..--r'r T.x.f)00 1:27 taWO N AtE6..,4,0i.) -re, eybvi EL. “..rAze,..44 5174nJ1)A it. P $F !,gene 5roA., 41- P+-10Kacr-1.•4r) sia P. Additional information and comments that may not be evident from ink,' already on this form: References (include phone numbers): .*-04s0r.)1- 4.41/r1, l9 -- t, 5f{ 9 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. Annt'cl it /eo//7 1/6 /st ��cif-kackt t , Ef e64,11 t a&di cI er,;(,` . ffimi/7, Signature /440 Q �N TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 Rev 04114/2014 FAX 291-4286; EMAIL: mavorAwaterloo-ia.orq; PHONE 291-4301 ��- -i7 1 1_ 9 4 .,(4)/ ey7 ///6-2O 1 Epp CI I1-9-ac 40 -1-urn; Page 252 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department March 17, 2025 AGENDA ITEM TITLE Mark Myers, Board/Commission: Board of Electrical Examiners and Appeals, Expiration Date: September 24, 2027, [renewal]. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards and Commissions Application -Mark Myers Page 253 of 549 RECEIVED SEP 10 2010 CITY OF WATERLOO, IOWA r w; r_z�c�,.c-s--_•;•,v N.e-cc 'jib Is "-_s---'s.—t-_ ...z�--•..,, _•r rt ar. .v,- .si..n'-�;--. .....,._ _ ...... .... .....^r. ti--w. r.>. ... .. _ ,. _...c �+- Date: I, Alien ML e)rS , request to be appointed to (state preference): (Name) 1. FEectri 2. Home Phone: CeII Phone:3\9' 5 H " 1r797 Work Phone: 3`9.09 I • ii773 Home Address 111.04 g4t11" � , l kr,y' Zip Code S q VV Employerkhi n,erlcv1 EIt've rTd_ Title eickr YV Z4$,,A aet I ' Employer Address gLc 1 a rL'i ram Aud L.V.terteetz Zip Code, f ? How long have you resided in Waterloo? (94 years4>revibos List current membership in organizations and offices held: Mbne,i I am available for meetings: Zvi. H'P.M. Er‘on B'Eve�ings I am available to serve on a Board/Commission the entire year: zeYes ❑ No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designatedBoard/Commission: Cef` t; S e\eL�. ri e. ap er\4'ireAr,p `lr\QA tiett1r' e C r4f fiig.._ JDorfe rule-)) WEE erf v ee.rtiti a �c� e ru�c� r prekf loos eskl vatsr J pro s vua r asev— r ?.!t''. r 6Or1'Ce Dv Additional information and comments that may not be evident from information already on this form: References (include phone numbers): t 31R -4 -5L 3 bou$g. 99 1-4'7Ae l (2, n i s +ne.kr. 5 -4da -%1 b rfkl Pkbp,r) c3q-D6S-4Lon, ecC ,eibeLf3\q-g20- )9g4 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and o file for one calendar year from above date. hf �!u rf 3y1 �� ; ey,, �l�y%rzl, PCy#40 { i6 Inatre �� arv__RETURN TO MA OR'S OFFICE, 715ULERRY ST.,WA O , IA 50703 Rev04/14l2014 FAX 291-4286; EMAIL: mavor(a7.waterloo-ia.orq; PHONE 291-4301 Page 254 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department March 17, 2025 AGENDA ITEM TITLE Samir Sarkic, Board/Commission: Board of Electrical Examiners and Appeals, Expiration Date: September 24, 2027, [renewal]. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards and Commissions Application - Samir Sarkic Page 255 of 549 CITY OF WATERLOO, IOWA RECEIVED SEP 13 2018 BOARDS & COMMISSIONS APPLICATION Date: 0 9 - Z o- 2- olt8 SA-t if; s A-72 ! C; ,'request to be appointed to (state preference): (Name) 1. ELECTP7C1-L 2. Home Phone: CeII Phone 3191)5oy '4053 Work Phone:130) 2-I5 •--5 2oS Home Address 5072 f R0/4 woo D De • c , s����.: 5 Zip Code 50 6I Employer Cot ii,l(? 411"I-y C /A /c. Title L_ecr,sFr Employer Address IRO FA-4-Z. 5 4VtX-A- r5f L- Cv Zip Code How long have you resided in Waterloo? 21 years List current membership in organizations and offices held: am available for meetings: A.M. P.M Noon Evenings I am available to serve on a Board/Commission the enti not able to serve: No It no, list rncr h: Briefly explain your qualifications for appointment to a designated Board/Commission: 51/2_ 'y 5 oUP-0E7Mt/0 Additional information and comments that may not be evident from information already on this form: References (include phone numbers): "T INr M O"/EP 0 t(i) `16 -5 S3 73LN tVotT E --( 7c2) 21 5- 92°7 I understand this application does not bind me to accept an appointment should it be offered, nor does i' 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. apt/ id 9-a�f��� 1Sf; �utl 3 yr 4m; exp, ?/& / /, 3o Signature �'� Ll��'✓`7 8 ebb( I -6 �'L.0erm;u RETURN TO MAYOR'S OFFICE, 75 MJLERRY ST., WATERLOO, IA 50703 Rev04/14/2014 FAX 291-4286; EMAIL: mayornwaterloo-ia.orq; PHONE 291-4301 Page 256 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department March 17, 2025 AGENDA ITEM TITLE Richard Mott Jr, Board/Commission: Board of Electrical Examiners and Appeals, Expiration Date: November 10, 2026, [renewal]. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards and Commissions Application - Richard Mott Page 257 of 549 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: 1 0 /34 /i ii I, Mork J r (Name) 1.-1e_c7Lri (L.-1 800— d 2. , request to be appointed to (state preference): Home Phone: 2,1 1-mac%/-LS Cell Phone: sc _ cos Home Address ! 72_s W. el/A 5) • Cede.-' , -// Employer 1,34-.a E fcchriG Employer Address ads f/e 4 /w_/- Ave_ 5 Work Phone: 50-tee- a- Atc, Zip Code .5b6/3 Title 6c.3n`r I, cts Zip Code 5 1c r How long have you resided in Waterloo? 3 years - Met h6�_5" A eLS I> : n 4.41� List current membership in organizations and offices held: f'VieM�e.r oP 14 e-1 /a� J lam' 1OA �j�J 14i1X /- CGl IY 6i GG: i rc li /V! ch+ b 1- C/ f am available for meetings: A.M. f P.M. Noon Y Evenings am available to serve on a Board/Commission the entire year: Yew No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: Aa' 44,. Y. file •e • 1r" aC,00. 1 y ga. d- hcvc_. 1744.1.1 Additional information and comments that may not be evident from information already on this form: References (include phone numbers): AN ky re_ Bc,A r 31 -- 9-3S1-1to R0.4 3,7. 5fe_ve_ ;}ate -ors r 93l- 9&7/ J1C,ah 61-08o; n,/re-Y ;; ak .o,r 31 93 -Iia3 l3;11 N ./s0. 31ry -�`b�-y976 I ier._A4_.lt ,h'3/Q. la/ I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. l I/ t l54 4 e o El e �ie to 41 eor <J. �y, / 1- I b 1 Signatu 6 ' 1), tows ,,e1cL64. RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 Rev04/14/2014 FAX 291-4286; EMAIL: mayor@waterloo-ia.orq; PHONE 291-4301 10- l/ - -17 Lic d, .3y2 41,e4't { - 11- 9 - 8l' ° -tun) i10-c3 Page 258 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department March 17, 2025 AGENDA ITEM TITLE Ryan Vestal, Board/Commission: Board of Electrical Examiners and Appeals, Expiration Date: November 1, 2026, [renewal]. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards and Commissions Application - Ryan Vestal Page 259 of 549 RECEIVED SEP U 3 2014 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: , ( 2 I tt I, y14+) �. V E5-r*L (Name) 1. Niklffr -442o ELEcra_i 6.01_ gd q� 2, , request to be appointed to (state preference): Home Phone: (_515, 9 1 1 -H2-0v Cell Phone: i! 51 S7 111 - "(20o Work Phone: (2)I`t) 2.5-' C)GS b Home Address '3202 c-,-r ociE bn Zip Code 561 o Employer WIoOvs Title Nc.y,v�+�rL Employer Address 2.k,-i + �r LC*S� r_r_T Zip Code SU�+D How long have you resided in Waterloo? �1 years List current membership in organizations and offices held: am available for meetings: ❑ A.M. f P.M. 1z1 Noon I Evenings I am available to serve on a Board/Commission the entire year: B Yes 0 No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: 1clv(�I�r 1-) 114e A5 A r\J Vt-e(ipshaiu rn/ DLE5 Uko.,J E 5 . Z f,r,i,swi-U A cv - L; p,,3o Hr�i I \t►oRKr, Ae„ clec7o_10� Gvw II 1'Ci,^ i��a�c�r� ' nrc�,r�r 1L s� !H6' L,ST Additional information and comments that may not be evident from information already on this form: References (include phone numbers): VaR<)c tt- (-11) 2; c--0 6 s c) 4Ar\J C146,‘-G\I1- (3/' — - 15tS� Derv„? KLrr'JL (Iq\ 230 — z a I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. Signature 2 RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 Rev04/14/2014 FAX 291-4286; EMAIL: mavor(i?waterloo-ia.orq; PHONEI291-4301 / - /'S /� /) et ie--)4'�t..Q `/ o2 H`} e • // / ' / � ?o• LcJ ` eLA jFiM e !c v 0, ef:yhe, ' s'� his /5&i f / Lkie ' `� ,fie v al Page 260 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Kelley Felchle, City Clerk March 17, 2025 City Clerk Department AGENDA ITEM TITLE Motion to approve an Exception to Burning Yard Waste Application by Waterloo Schools-Zach Kelly, to burn approximately 1.6 acres of prairie on school property, located at 812 Idaho Street, 9:00 a.m., between April and May 2025, weather permitting. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION They are looking to do some controlled burning at Highland Elementary for our Prairie area. I have included the application and aerial map that indicates the area in green. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 261 of 549 1. Application 2. Screenshot 2025-02-14 070543 Page 262 of 549 Application Exception to Burning Yard Waste City of Waterloo, Iowa The undersigned hereby requests that the City of Waterloo, Iowa, consider the following application to allow the burning of yard waste in accordance with Section 4-3-8 of the Waterloo Code of Ordinances. 1. Name of Applicant: 2. Address and Phone No. of Applicant ) 2 Id GA9-1 d 9- 433- I $ 2$ 3. General Description of area to be burned (including size): Small 1.6 acre prairie on school property. We 41 r (oo54hoo is - Zarb, I��IIy 4. Dates and times of burning: Approx. 9am one day morning between April and May depending on weather conditions. 5. Description of Vegetation: Native prairie grasses and flowers including: Big Bluestem, Yellow Coneflower, Wild Bergamont, Butterfly Milkweed. 6. Description of management techniques: Volunteer trees removed. Mowed firebreak around perimeter. 7. Describe containment procedures: Back burn set against wind. Water truck present. Rakes and flappers to help contain. ignature of A . plic The Waterloo City Council will act on this applicant and you will be notified of their decision. Prior to burning, please notify the Waterloo Fire Department: 1. To determine if proper weather conditions exist, and 2. To determine need for stand-by vehicles. FOR CITY USE ONLY: This application has been reviewed and approved by: Fire Chief Fee Paid $ Receipt No. Approval Date Page 263 of 549 1)6 rf. Pge 264 of 5491' • CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Airport Department March 17, 2025 AGENDA ITEM TITLE Motion to receive and file Airport Board minutes of January 22, 2025. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Airport Board Minutes of January 22, 2025 Page 265 of 549 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday, January 22, 2025 I. ROLL CALL David Deeds, standing in Board Members Present: Board Members Absent: City Officials Present: Airport Staff Present: Additional Attendees: for Chairperson Voigt, called the meeting to order at 12:00 p.rn. Arlene Humble, David Deeds and Scott Cook; Chris Bering and Katy Susong (TEAMS). Scott Voigt arrived @ 12:07. Gwenne Berry John Chiles, Council Liaison; Ray Feuss, Council Liaison (TEAMS) Steven Kjergaard, Sheila Combs Michelle Sweeney, AECOM; Tim Newton, Livingston Aviation; Marty Hoel, AOPA II. AGENDA AS RECEIVED OR AMENDED No changes. III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Kjergaard reviewed his written report, highlighting that the AECOM Agreements for the Passenger Boarding Bridge and Rehabilitate Runway 18/36 Design have been approved. The Pavement Assessment Agreement will be on the next Council agenda. He updated the Board about a meeting with the National Guard, who are looking to get started with their taxiway project, however they will likely need to revise their design, which will require additional ground be added to their existing ground lease. He also stated that he has a meeting on the boarding bridge this afternoon and that we will likely be adding a temporary boarding bridge to the project scope, in order to better serve our passengers in the interim. He reported that the Security project is currently out for bid. It has been broken down into three separate projects, which will hopefully encourage more bidders. Mr. Kjergaard stated that his goal is to have everything up and running one month in advance of the June 5t11 security upgrade deadline. Page 266 of 549 Mr. Deeds gave an overview of the Marketing committee meeting. They are planning an event, including a ribbon cutting, for the first EMB170 flights on June 511i. Additionally, they would like to hand out challenge coins, with AA's logo on one side and ALO's on the other; and have a water cannon salute by the fire trucks. They also hope to do some giveaways, depending on how much money is raised, of possibly air fare and dinner for two in Chicago, or air fare to Dublin and tickets to the ISU football game. Mr. Kjergaard also played a video from the Rochester (MN) airport website, that highlights the need to support your local airport -W- "Flocal" (Fly Local), as increasing your load factor is the best way to grow air service for small airports. He stated he will be reaching out to the RST Director to see if they own the rights to the name "Flocal", or if we would be able to use the same term and create a similar video for ALO. A long discussion was held on future land releases to the city for industrial growth, and how best to go about making sure everyone involved understands that Airport ground is a finite resource that should be reserved for aviation -related uses, as well as to support the Airport and our ability to remain self-sufficient. B. Misc. Monthly Airport Reports Mrs. Humble pointed out that it was good to see that fares are coming down. V. BOARD APPROVAL A. Approval of Minutes of the December 18, 2024 Meeting Mrs. Humble moved approval of the minutes of the December 18, 2024 meeting, seconded by Mr. Cook. Ayes: 5. Motion carried. B. Motion to Receive and File December 2024 Expenses Mr. Voigt moved that the December 2024 expenses be received and filed, seconded by Mrs. Humble. Ayes: 5. Motion carried. VI. OLD BUSINESS VII. NEW BUSINESS A. Set Date for Special Board Meeting to Discuss Goals. Mr. Kjergaard stated that he will email a doodle poll. Mr. Deeds encouraged everyone to be sure and respond. Mrs. Humble asked if it could be virtual, instead of having to be an additional in -person meeting. 2 Page 267 of 549 VIII, STAFF AND BOARD MEMBER COMMENT None. IX. ADJOTJRNMENT Mrs. Humble moved the meeting be adjourned at 12:56 p.m., seconded by Mr. Cook. Ayes: 5. Motion carried. Respectful y submitted, cott Voi�t, �'a rperson 3 Page 268 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Leisure Services Department March 17, 2025 AGENDA ITEM TITLE Motion to receive and file Leisure Services Commission Board minutes of January 7, 2025. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 1-07-2025 Page 269 of 549 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, January 7, 2025 300 Jefferson Street The meeting was held in the Leisure Services board room at 1101 Campbell Ave. The meeting was called to order at 7:31 am. Present: Council Liaison Dave Boesen, Tom Christensen, Allison Richter, Tom Powers, Tim Moses, Jessica Rucker, Kate Pain, Zach Kelly, Noel Anderson Staff: JB Bolger, Todd Derifield, Chris Dolan, Bob Etringer, Travis Nichols Absent: Council Liaison Nia Wilder, Ellen Vanderloo, Robert Welch Tom Christensen called for approval of the agenda. Tom Powers motioned to approve the agenda, second by Jessica Rucker. Ayes: All Nays: None Tom Christensen called for motion for the approval of the December 10, 2024 meeting minutes. Tom Powers motioned to approve the meeting minutes, second by Jessica Rucker. Ayes: All Nays: None REVIEW OF BILLS Tom Christensen called for approval of the bills. Questions were answered. Motion by Jessica Rucker to approve December 2024 bills, Allison Richter made a second. Ayes: All Nays: None MIRIAM'S PARK Kate Pain from Invision Architect, Zach Kelly from Waterloo Schools, and Noel Anderson, City of Waterloo, were present at the meeting to discuss the new Waterloo High School project and how it affects Miriam's park. They also requested a property transfer of approximately 5.15 acres from Miriam's Park to the Waterloo Schools. They spoke about what would be added to this 5.15 acres requested which includes a roadway for buses with two gates to only permit a limited number of school vehicles through, a trail that ties into the trail along Greenhill Rd, possibly a reinjection geothermal well, and paved parking for park users. They also discussed traffic concerns and clarified that the new roadway would not include public or student vehicles. Jessica Rucker made a motion to approve the requested property transfer at Miriam's Park to the Waterloo Schools and was seconded by Tom Powers. All are in favor of this item being brought to the city council for official approval. STAFF UPDATES Sports and SportsPlex — Bob Etringer Winter swimming lessons will begin next week, those classes include infant/toddlers up to age twelve. There is forty participants enrolled. Saturday January 11th the SportsPlex will host the Triathlon where adults will participate in a 2000 meter row, 10 mile indoor bike and 300 yard swim. The youth participants will have a 500 meter row, 3 laps around the track and 100 yard swim. Another triathlon will take place on February 8th. Winter session of Karate has started there are 25 participants. Spring Adult Volleyball starts this week and consists of 34 teams. 2nd session of youth basketball will start his week. 1st through 4th graders and there is almost 200 kids signed up. Spring/ Summer activity registration will start February 10th- activities include baseball/softball, tennis lessons, swimming lessons, camps and clinics. The new registration fees will take place Page 270 of 549 for these programs. Registration also is open for 2025 pump and run, that event will happen on April 26, 2025. As of yesterday the SportsPlex has 5726 members. Construction, Projects — Travis Nichols The construction crew continues to do winter garbage routes and weekly park inspections. General maintenance is performed from the inspections. Staff has started shop inventory. Inventory covers all construction tools and equipment. Our open position in construction was filled last night at council and new employee has a tentative start date of January 27th. The Gates and Byrnes projects are moving along. We did not perform a punch list at Gates as the contractor was not ready due to weather changes. We are working on two CDBG projects. One at Edison park for a 50' x 50' half court basketball court and one at Sullivan to replace dated swing set. The swing set at Sullivan has been removed by staff last week. We plan to go out for proposals on a new playground at Hope Martin using the gift of $170,000 we received earlier this year. The plan will be to use $110,000 of gift to purchase the play equipment and the remaining to safety surfacing and concrete work. Golf and Downtown Area — JB Bolger We are meeting this afternoon to make a conditional offer of employment to a Golf Maintenance II candidate. This is backfilling Ron Willis's retirement which occurred just before Thanksgiving. The Golf Crews are tearing down and servicing equipment in our shops. Snow removal has been light so far which has allowed us to get ahead a little bit on the servicing of equipment. We will be taking delivery this week of two new greens mowers for the golf courses. Due to tighter CIP budgets in recent years this is a big deal for us. These mowers were ordered one year ago and it has taken that long for them to be manufactured and delivered. Young Arena — Chris Dolan The Battle of Waterloo Wrestling Tournament was held at Young Arena December 19- 21. Attendance for the 3-day event was estimated at 7,000 spectators. There were 24 girls teams and 32 boys teams that competed in the 14th annual tournament. The Waterloo Black Hawks completed a home stand that had them hosting 15 out of their last 20 games at Young Arena. The most recent attendance has been excellent, 3 out of the last 4 games at Young Arena attendance has exceeded 3,000 fans. During the 2024 Holiday Season all public skating sessions have reached capacity. The next regular Leisure Services Commission Meeting will be held Tuesday, February 11, 2025. Allison Richter made a motion to adjourn the meeting, second by Jessica Rucker. Tom Christensen adjourned the meeting at 8:30 am. Jessica Rucker 211. 2D2S Date , Secretary Page 271 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT City Clerk Department AGENDA ITEM TITLE Liquor Licenses MEETING DATE March 17, 2025 a. Amigo Mexican Restaurant, 1415 East San Marnan Drive, Class C w/Outdoor Service and Sunday Sales (New) Exp: 03/04/2026. b. Ariz's Restaurant & More, 205 West 4th Street, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 03/07/2026. c. Family Dollar Store, 1608 University Avenue, Class B w/Sunday Sales (Renewal) Exp: 03/07/2026. d. Grout Museum, Inc., 503 South Street, Class C w/Sunday Sales (Renewal) Exp: 02/23/2026. e. Hy-Vee Market Food Store 1, 2834 Ansborough Avenue, Class E w/Sunday Sales (Renewal) Exp: 03/15/2026. f. Red Carpet Golf, 5570 Washington Street, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 04/04/2026. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 272 of 549 LEGAL DESCRIPTION ATTACHMENTS None Page 273 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department March 17, 2025 AGENDA ITEM TITLE Cigarette/Tobacco/Nicotine/Vapor Device Permit a. Smoke O's, 1509 Flammang Drive. b. Iowa RA Plus, LLC, 3620 Kimball Avenue. c. West Side Convenience, 919 W. 5th 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 Page 274 of 549 None Page 275 of 549 CITY OF %LJ4TERLO 0 IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Bridgett Wood, Finance Director March 17, 2025 Finance Department AGENDA ITEM TITLE General Obligation Bonds - ECP-1 -The issuance of not to exceed $4,200,000.00 General Obligation Bonds for essential corporate purposes. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION ECP-1 - Not to exceed $4,200,000 General Obligation Bonds, for the essential corporate purposes, in order 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, NEIGHBORHOOD IMPACT Page 276 of 549 DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo (176) - PDF Letter of Instruction Hearing -Pre -Levy 2025C GO BONDS 2. Waterloo (176) - Hearing Proceedings ECP-1 2025C GO BONDS Page 277 of 549 rt AHLERS COONEY ATTORNEYS March 5, 2025 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Re: Waterloo, Iowa - General Obligation Bonds Dear Kelley: 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 Included with this letter are proceedings for the day of the public hearing on the issuance of the above -mentioned Bonds (March 17, 2025). The Notices must have been published before the public hearing. The proceedings begin with the opening of the public hearing and the receipt of any oral or written objections from any resident or property owner regarding the proposed issuance of the Bonds. If any objections are received, please attach a summary of those objections to the proceedings. After the public hearing, if the Council decides not to abandon the proposal to issue the Bonds, the enclosed resolutions taking additional action on the issuance should be adopted. Please note that the proceedings have been prepared on the basis that no petition will be filed asking that the question of issuing the Bonds be submitted to the qualified electors of the City. If a valid petition is filed please notify us as soon as possible since the enclosed proceedings will have to be revised to either abandon the proposal to issue the Bonds or direct the County Commissioner to call a special election. The Council is required by statute to adopt the enclosed resolutions at the hearing, or an adjournment thereof. If necessary to adjourn, the minutes are written to accommodate that action. If the Council decides to abandon the proposal to issue said Bonds, then the form of resolution included in these proceedings should not be adopted. We would suggest that, in this event, a motion merely be adopted to the effect that such bond proposal is abandoned. Also attached are proceedings to authorize a pre -levy for General Obligation Bonds that will be issued after the budget filing deadline, also for adoption at the March 17, 2025 meeting. This resolution imposes a levy for the Fiscal Year beginning July 1, 2025 and ending June 30, 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 278 of 549 March 5, 2025 Page 2 2026 in the amount of $598,265. The amount should be included in the budget or in an amended budget. A copy of this Resolution must be filed with the Black Hawk County Auditor on or before April 14, 2025. However, to be included in the certified budget, the Resolution should be adopted and filed prior to certification of the budget. Additionally, this amount should be included in the anticipated property tax estimates required to be provided to the Department of Management so that the notice of proposed tax levies and revenues can be mailed to all taxpayers per Division X of HF 718. 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. In the event an appeal is filed, please let us know as soon as possible. Please send us executed scans of each of the proceedings, together with the County Auditor's Certificate. Please let me know if you have any questions. 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.) Noel Anderson, Planning and Zoning Director, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 11310.176 4930-5644-8283 Page 279 of 549 ITEMS TO INCLUDE ON AGENDA FOR THE COUNCIL MEETING ON MARCH 17, 2025 CITY OF WATERLOO, IOWA Not to Exceed $4,200,000 General Obligation Bonds (ECP-1) • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 280 of 549 March 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 281 of 549 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $4,200,000 General Obligation Bonds, in order 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, for essential corporate purposes, and that notice of the proposal to issue the Bonds had been published as provided by Section 384.25 of the Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $4,200,000 GENERAL OBLIGATION BONDS", and moved: 2 Page 282 of 549 o o that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2025, at this place. Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $4,200,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $4,200,000 General Obligation Bonds, for the essential corporate purposes, in order 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 -3 Page 283 of 549 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, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $4,200,000 General Obligation Bonds, for the foregoing essential corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 17th day of March, 2025. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 4 Page 284 of 549 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2025. (SEAL) 4912-4247-5291 4912-4247-5291, v. 1 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 285 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE General Obligation Bonds - GCP-2 - The issuance of not to exceed $700,000.00 General Obligation Bonds for general corporate purposes. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION GCP-2 - Not to exceed $700,000 General Obligation Bonds, for the general corporate purposes, in order 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 NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 286 of 549 ATTACHMENTS 1. Waterloo (176) - PDF Letter of Instruction Hearing -Pre -Levy 2025C GO BONDS 2. Waterloo (176) - Hearing Proceedings GCP-2 2025 GO BONDS Page 287 of 549 rt AHLERS COONEY ATTORNEYS March 5, 2025 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Re: Waterloo, Iowa - General Obligation Bonds Dear Kelley: 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 Included with this letter are proceedings for the day of the public hearing on the issuance of the above -mentioned Bonds (March 17, 2025). The Notices must have been published before the public hearing. The proceedings begin with the opening of the public hearing and the receipt of any oral or written objections from any resident or property owner regarding the proposed issuance of the Bonds. If any objections are received, please attach a summary of those objections to the proceedings. After the public hearing, if the Council decides not to abandon the proposal to issue the Bonds, the enclosed resolutions taking additional action on the issuance should be adopted. Please note that the proceedings have been prepared on the basis that no petition will be filed asking that the question of issuing the Bonds be submitted to the qualified electors of the City. If a valid petition is filed please notify us as soon as possible since the enclosed proceedings will have to be revised to either abandon the proposal to issue the Bonds or direct the County Commissioner to call a special election. The Council is required by statute to adopt the enclosed resolutions at the hearing, or an adjournment thereof. If necessary to adjourn, the minutes are written to accommodate that action. If the Council decides to abandon the proposal to issue said Bonds, then the form of resolution included in these proceedings should not be adopted. We would suggest that, in this event, a motion merely be adopted to the effect that such bond proposal is abandoned. Also attached are proceedings to authorize a pre -levy for General Obligation Bonds that will be issued after the budget filing deadline, also for adoption at the March 17, 2025 meeting. This resolution imposes a levy for the Fiscal Year beginning July 1, 2025 and ending June 30, 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 288 of 549 March 5, 2025 Page 2 2026 in the amount of $598,265. The amount should be included in the budget or in an amended budget. A copy of this Resolution must be filed with the Black Hawk County Auditor on or before April 14, 2025. However, to be included in the certified budget, the Resolution should be adopted and filed prior to certification of the budget. Additionally, this amount should be included in the anticipated property tax estimates required to be provided to the Department of Management so that the notice of proposed tax levies and revenues can be mailed to all taxpayers per Division X of HF 718. 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. In the event an appeal is filed, please let us know as soon as possible. Please send us executed scans of each of the proceedings, together with the County Auditor's Certificate. Please let me know if you have any questions. 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.) Noel Anderson, Planning and Zoning Director, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 11310.176 4930-5644-8283 Page 289 of 549 ITEMS TO INCLUDE ON AGENDA FOR THE COUNCIL MEETING ON MARCH 17, 2025 CITY OF WATERLOO, IOWA Not to Exceed $700,000 General Obligation Bonds (GCP-2) • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 290 of 549 March 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 291 of 549 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $700,000 General Obligation Bonds, in order 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, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS", and moved: o o that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2025, at this place. 2 Page 292 of 549 Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for the general corporate purposes, in order 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 has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution 3 Page 293 of 549 unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 17th day of March, 2025. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 4 Page 294 of 549 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2025. (SEAL) 4937-6135-1707-1\11310-176 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 295 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE General Obligation Bonds - GCP-3 - The issuance of not to exceed $900,000.00 General Obligation Bonds for general corporate purposes. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION GCP-3 - Not to exceed $900,000 General Obligation Bonds, for the general corporate purposes, in order 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. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 296 of 549 ATTACHMENTS 1. Waterloo (176) - PDF Letter of Instruction Hearing -Pre -Levy 2025C GO BONDS 2. Waterloo (176) - Hearing Proceedings GCP-3 2025C GO CLN Page 297 of 549 rt AHLERS COONEY ATTORNEYS March 5, 2025 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Re: Waterloo, Iowa - General Obligation Bonds Dear Kelley: 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 Included with this letter are proceedings for the day of the public hearing on the issuance of the above -mentioned Bonds (March 17, 2025). The Notices must have been published before the public hearing. The proceedings begin with the opening of the public hearing and the receipt of any oral or written objections from any resident or property owner regarding the proposed issuance of the Bonds. If any objections are received, please attach a summary of those objections to the proceedings. After the public hearing, if the Council decides not to abandon the proposal to issue the Bonds, the enclosed resolutions taking additional action on the issuance should be adopted. Please note that the proceedings have been prepared on the basis that no petition will be filed asking that the question of issuing the Bonds be submitted to the qualified electors of the City. If a valid petition is filed please notify us as soon as possible since the enclosed proceedings will have to be revised to either abandon the proposal to issue the Bonds or direct the County Commissioner to call a special election. The Council is required by statute to adopt the enclosed resolutions at the hearing, or an adjournment thereof. If necessary to adjourn, the minutes are written to accommodate that action. If the Council decides to abandon the proposal to issue said Bonds, then the form of resolution included in these proceedings should not be adopted. We would suggest that, in this event, a motion merely be adopted to the effect that such bond proposal is abandoned. Also attached are proceedings to authorize a pre -levy for General Obligation Bonds that will be issued after the budget filing deadline, also for adoption at the March 17, 2025 meeting. This resolution imposes a levy for the Fiscal Year beginning July 1, 2025 and ending June 30, 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 298 of 549 March 5, 2025 Page 2 2026 in the amount of $598,265. The amount should be included in the budget or in an amended budget. A copy of this Resolution must be filed with the Black Hawk County Auditor on or before April 14, 2025. However, to be included in the certified budget, the Resolution should be adopted and filed prior to certification of the budget. Additionally, this amount should be included in the anticipated property tax estimates required to be provided to the Department of Management so that the notice of proposed tax levies and revenues can be mailed to all taxpayers per Division X of HF 718. 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. In the event an appeal is filed, please let us know as soon as possible. Please send us executed scans of each of the proceedings, together with the County Auditor's Certificate. Please let me know if you have any questions. 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.) Noel Anderson, Planning and Zoning Director, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 11310.176 4930-5644-8283 Page 299 of 549 ITEMS TO INCLUDE ON AGENDA FOR THE COUNCIL MEETING ON MARCH 17, 2025 CITY OF WATERLOO, IOWA Not to Exceed $900,000 General Obligation Bonds (GCP-3) • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 300 of 549 March 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 301 of 549 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $900,000 General Obligation Bonds, in order 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, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $900,000 GENERAL OBLIGATION BONDS", and moved: o o that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2025, at this place. 2 Page 302 of 549 Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $900,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $900,000 General Obligation Bonds, for the general corporate purposes, in order 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 has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $900,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. 3 Page 303 of 549 PASSED AND APPROVED this 17th day of March, 2025. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 4 Page 304 of 549 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2025. (SEAL) 4915-2087-2731-1 \11310-176 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 305 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE General Obligation Bonds - GCP-4 - The issuance of not to exceed $600,000.00 General Obligation Bonds for general corporate purposes. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION GCP-4 - Not to exceed $600,000 General Obligation Bonds, for the general corporate purposes, in order 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. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 306 of 549 ATTACHMENTS 1. Waterloo (176) - PDF Letter of Instruction Hearing -Pre -Levy 2025C GO BONDS 2. Waterloo (176) - Hearing Proceedings GCP-4 2025C GO BONDS Page 307 of 549 rt AHLERS COONEY ATTORNEYS March 5, 2025 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Re: Waterloo, Iowa - General Obligation Bonds Dear Kelley: 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 Included with this letter are proceedings for the day of the public hearing on the issuance of the above -mentioned Bonds (March 17, 2025). The Notices must have been published before the public hearing. The proceedings begin with the opening of the public hearing and the receipt of any oral or written objections from any resident or property owner regarding the proposed issuance of the Bonds. If any objections are received, please attach a summary of those objections to the proceedings. After the public hearing, if the Council decides not to abandon the proposal to issue the Bonds, the enclosed resolutions taking additional action on the issuance should be adopted. Please note that the proceedings have been prepared on the basis that no petition will be filed asking that the question of issuing the Bonds be submitted to the qualified electors of the City. If a valid petition is filed please notify us as soon as possible since the enclosed proceedings will have to be revised to either abandon the proposal to issue the Bonds or direct the County Commissioner to call a special election. The Council is required by statute to adopt the enclosed resolutions at the hearing, or an adjournment thereof. If necessary to adjourn, the minutes are written to accommodate that action. If the Council decides to abandon the proposal to issue said Bonds, then the form of resolution included in these proceedings should not be adopted. We would suggest that, in this event, a motion merely be adopted to the effect that such bond proposal is abandoned. Also attached are proceedings to authorize a pre -levy for General Obligation Bonds that will be issued after the budget filing deadline, also for adoption at the March 17, 2025 meeting. This resolution imposes a levy for the Fiscal Year beginning July 1, 2025 and ending June 30, 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 308 of 549 March 5, 2025 Page 2 2026 in the amount of $598,265. The amount should be included in the budget or in an amended budget. A copy of this Resolution must be filed with the Black Hawk County Auditor on or before April 14, 2025. However, to be included in the certified budget, the Resolution should be adopted and filed prior to certification of the budget. Additionally, this amount should be included in the anticipated property tax estimates required to be provided to the Department of Management so that the notice of proposed tax levies and revenues can be mailed to all taxpayers per Division X of HF 718. 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. In the event an appeal is filed, please let us know as soon as possible. Please send us executed scans of each of the proceedings, together with the County Auditor's Certificate. Please let me know if you have any questions. 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.) Noel Anderson, Planning and Zoning Director, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 11310.176 4930-5644-8283 Page 309 of 549 ITEMS TO INCLUDE ON AGENDA FOR THE COUNCIL MEETING ON MARCH 17, 2025 CITY OF WATERLOO, IOWA Not to Exceed $600,000 General Obligation Bonds (GCP-4) • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 310 of 549 March 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 311 of 549 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $600,000 General Obligation Bonds, in order 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, for general corporate purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Section 384.26 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, in the manner provided by Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $600,000 GENERAL OBLIGATION BONDS", and moved: o o that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2025, at this place. 2 Page 312 of 549 Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $600,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $600,000 General Obligation Bonds, for the general corporate purposes, in order 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 has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $600,000 General Obligation Bonds, for the foregoing general corporate purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. 3 Page 313 of 549 PASSED AND APPROVED this 17th day of March, 2025. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 4 Page 314 of 549 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2025. (SEAL) 4897-5684-0475-1\11310-176 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 315 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Rudy Jones, Community Development Director Community Development Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE FY 2024 Consolidated Annual Performance and Evaluation Report (CAPER). 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. FY24 CAPER Page 316 of 549 CITY OF %TERLO 0 IOWA CONSOLIDATED ANNUAL PERFORMANCE REPORT FY24 CAPER 1 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 317 of 549 CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. Waterloo Community Development Programs focus on the use of its Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funding provided through the U.S. Department of Housing and Urban Development ("HUD"). The information contained in this Consolidated Annual Performance and Evaluation Report ("CAPER") provides assessment of the City's progress towards meeting the stated goals and objectives stated in the 2019-2023 Consolidated Plan and the One Year Action Plan goals and objectives for Program Year ("PY") 2023. The CAPER reports on the City's fiscal year July 1, 2023 through June 30, 2024 for the following federal formula grant programs: • Community Development Block Grant ("CDBG") • HOME Investment Partnership Program ("HOME") The City of Waterloo is the designated lead entity for the Waterloo/Cedar Falls HOME Consortium. The Consortium allows the two local governments to join together in order to receive HOME funding for affordable housing. This allows both cities to benefit from the HOME Investment Partnership funding that each city would not otherwise qualify for under the formula criteria. The City of Waterloo has set forth the following goals according to the community's needs in the Strategic and Annual Plan: • Provide decent housing in the community by preserving and providing new affordable housing, reducing barriers to housing, increasing supportive housing for those with special needs, and transitioning homeless persons and families into housing. • Provide suitable living environments by eliminating slums and blight, creating safer and more resilient neighborhoods, integration of low- and moderate -income residents in both communities with housing opportunities, improve access to public services and facilities, and reinvest in deteriorating neighborhoods. • Expand economic opportunities through more jobs paying self-sufficient wages, homeownership opportunities, improving access to employment, development activities that promote long-term community viability, and the empowerment of low- and moderate -income persons to achieve self-sufficiency through public services and other means. CAPER 2 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 318 of 549 CDBG and HOME funding supported these goals through the Emergency Repair Program, Owner Occupied Rehabilitation through the Lead Hazard Control Program, Rental Rehabilitation, Iowa Heartland Habitat for Humanity Neighborhood Projects, Iowa Heartland Habitat For Humanity CHDO New Construction Projects, First Time Homebuyer Down Payment Assistance, Clearance and Demolition Projects, Leisure Services Edison Park Phase I Project, Public Services including Grin and Grow childcare center, Northeast Iowa Food Bank, The Salvation Army, and Neighborhood Services. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee's program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected — Strategic Plan Actual — Strategic Plan Percent Complete Expected — Program Year Actual — Program Year Percent Complete Acquisition of Real Property Affordable Housing HOME: $ Homeowner Housing Rehabilitated Household Housing Unit 4 2 50.00% 8 1 12.5% Clearance and Demolition Non -Housing Community Development CDBG: $ / HOME: $ Buildings Demolished Buildings 5 11 120.00% 3 5 166.67% Deposit Assistance Program Affordable Housing Homeless HOME: $ Tenant -based rental assistance / Rapid Rehousing Households Assisted 125 0 0.00% 0 0 0.00% Homeownership Affordable Housing HOME: $ Homeowner Housing Added Household Housing Unit 10 4 40% 4 1 25% CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) 3 Page 319 of 549 Homeownership Affordable Housing HOME: $ Direct Financial Assistance to Homebuyers Households Assisted 30 11 36.67% 4 4 100% Housing Rehabilitation Affordable Housing CDBG: $ / HOME: $ Rental units rehabilitated Household Housing Unit 60 4 6.67% 7 1 14.28% Housing Rehabilitation Affordable Housing CDBG: $ / HOME: $ Homeowner Housing Rehabilitated Household Housing Unit 110 111 100.90% 20 28 140% Neighborhood Services Non -Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 2500 8780 351% 500 445 89% New Construction of Rental Housing Affordable Housing Homeless Non -Homeless Special Needs HOME: $ Rental units constructed Household Housing Unit 6 0 0.00% 0 0 0% Owner Occupied Emergency Repair Affordable Housing CDBG: $ Homeowner Housing Rehabilitated Household Housing Unit 90 127 141.11% 15 36 240% CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) 4 Page 320 of 549 Public Facilities and Improvements Non -Housing Community Development CDBG: $ / HOME: $ Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 5000 1545 31% 1000 1545 155% Public Services Affordable Housing Homeless Non -Homeless Special Needs Non -Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 2710 49743 1,835.54% 1025 0 0% Public Services Affordable Housing Homeless Non -Homeless Special Needs Non -Housing Community Development CDBG: $ Public service activities for Low/Moderate Income Housing Benefit Households Assisted 110 0 0.00% 0 0 0% CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) 5 Page 321 of 549 Public Services Affordable Housing Homeless Non -Homeless Special Needs Non -Housing Community Development CDBG: $ Homeless Person Overnight Shelter Persons Assisted 240 1045 435.42% 40 0 0% Public Services Affordable Housing Homeless Non -Homeless Special Needs Non -Housing Community Development CDBG: $ Homelessness Prevention Persons Assisted 70 180 257.14% 0 0 0% Small Business Assistance Non -Housing Community Development Businesses assisted Businesses Assisted 10 2 20.00% 0 0 0% Table 1- Accomplishments — Program Year & Strategic Plan to Date Assess how the jurisdiction's use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. The City of Waterloo was able to address the priority needs through various activities, including our highest priority to provide decent, safe and CAPER 6 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 322 of 549 sanitary housing through the following activities completed during the program year. Community Development Block Grant Funding: • 5 Homes were rehabilitated with CDBG funds that leveraged Lead Hazard Control funds to remove lead hazards in the home. • 10 Roof replacements • 1 Rental rehabilitation project • 13 Critical repairs completed through Habitat for Humanity. • 36 Emergency repairs • 4 Garage demolitions • 445 Individuals served through Neighborhood Services • Sycamore St. Old Crystal Distribution Building Demolished • Demolition and site clearance of the St. Mary's church and school -project completion will be reported during FY24/25. HOME Investment Partnership Funding- • 4 Families received down payment assistance • 1 Continued acquisition -rehab -resale project-232 Ricker St. project completion will be reported during FY24/25. • 1 Continued Community Development new construction project- 230 Gable St. project completion will be reported during FY24/25. • 1 New construction project located at 2925 Sands Ave. completed by Habitat for Humanity in Cedar Falls • 1 Property was acquired located at 233 Gable St. for the purpose of rehabilitation and resale to a low -moderate income family. Affordable housing remains the City of Waterloo's highest priority. Activities that address affordable housing such as rehabilitation, emergency repairs, Habitat for Humanity Critical Repair Program, down payment assistance, acquisition rehabilitation with resale and new construction projects were allocated 87% of the program year's funding. The Emergency Repair Program continues to be a resource for Waterloo's low -moderate income residents. The program provided 36 households with emergency repairs exceeding its expected goal of 15 by 140%. The Emergency Repair Program provides homeowners with repairs that affect the health and safety of the residents. Assistance was provided for, but not limited to, water heaters, furnaces, air conditioning units, water and sewer line replacement, and electrical repairs. Additional rehabilitation included 10 roof replacements to homes with aging CAPER 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 323 of 549 deteriorated roofs and 5 rehabilitation projects that leveraged Lead Based Paint Hazard Control funds. CDBG funding allocated to Iowa Heartland Habitat for Humanity during the prior fiscal year was used to assist 13 households with critical repairs that were completed during the current fiscal year. In efforts to increase homeownership in the City of Waterloo, HOME Investment Partnerships funding provided 4 first time homebuyers with a combined total of $62,541.94 for down payment and closing cost assistance. First time homebuyers must meet HUD's definition of first-time homebuyer and have a household income below 80% AMI. The amount of assistance provided to each household is determined through an underwriting process. Qualified homebuyers can receive up to $25,000 of down payment assistance through the program. Additional homeowner activities include a acquisition -rehab -resale project located at 232 Ricker St., and a new construction project located at 230 Gable CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) 8 Page 324 of 549 St. These projects are located in the Lower Gates target area that is part of an overall neighborhood stabilization project. Rehabilitation and construction of these homes took place during the fiscal year and are set to be completed in FY24/25. 233 Gable St. was acquired for the purpose of rehabilitation and resale of the property. Upon completion the homes will be sold to low/moderate income homebuyers that are below 80% AMI. City owned property that is sold is subject to the HOME per unit subsidy limits, and HOME value limits. Down payment and closing cost assistance will be provided based on underwriting and is not subject to the $25,000 limit. The St. Mary's Demolition Project is now underway. The asbestos removal in the nunnery and villa was bid in Spring of 2024 and completed in early summer. The demolition portion of the project will begin in late Fall of 2024. The demolition will make way for affordable housing development. The demolition and redevelopment of the St. Mary's site is part of the Lower Gates neighborhood stabilization project. Two public facilities activities were allocated funding during the program year 23/24 that include the Edison Park Phase II Project and the Sullivan Park Project. The Edison Phase II project is a continuation of development of Edison Park. Phase one of the project consisted of playground equipment, a shelter, and sidewalks. Phase one began in 2023 and was completed in Spring of 2024. Phase two will add a half -court basketball court and a water fountain. The Sullivan Park Project consists of a new swing set that will replace dilapidated equipment at the park. Due to the late arrival of FY24 funding both projects are set to begin Spring of 2025. CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) 9 Page 325 of 549 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG HOME White 37 4 Black or African American 29 2 Asian 0 0 American Indian or American Native Native Hawaiian or Other Pacific Islander Total 66 6 Hispanic 3 0 Not Hispanic 63 6 Table 2 — Table of assistance to racial and ethnic populations by source of funds Narrative Additional populations not listed in the table above include 2 individuals that identified as "other". Many of the families assisted with CDBG and HOME funds include single parent, elderly and disabled, and female headed households. The City of Waterloo continues to assist a multitude of diverse populations within the city. 56% of the population assisted were White, 42% assisted were Black, 2% assisted were multi -racial and other populations. CAPER 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 326 of 549 CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public - federal 3,634,146 1,047,762.79 HOME public - federal 2,520,525 575,779.34 Table 3 - Resources Made Available Narrative Resources made available during FY23/24 include: CDBG Funding $3,634,146 $1,235,161 Annual Allocation $26,843 Program Income $2,372,142 Prior Year Resources HOME Funding $2,520,525 $565,333 Annual Allocation $25,521 Program Income $1,929,671 Prior Year Resources Expenditure breakdown by funding source for the program year: CDBG 29.33% ($307,301.39) Housing Rehabilitation 5.74% ($60,105) Habitat for Humanity Critical Repair Program 16.25% ($170,279.01) Emergency Repair Program 6.72% ($70,507.88) Clearance and Demolition 2.27% ($23,766.48) Edison Park 8.08% ($84,653.88) Neighborhood Services 18.21% (190,738.37) General Program Administration 13.40% ($140,410.78) Rehabilitation Administration CAPER 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 327 of 549 HOME 61.34% ($353,150.23) Waterloo Housing Activities 29.52% (169,975.43) Cedar Falls Housing Activities 9.14% ($52,653.68) General Administration Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Citywide 50% 81% The project will be done in the city limits. Local Targeted Neighborhoods 50% 19% Local Targeted Neighborhoods - Projects in the Walnut, Church Row and Lower Gates Park Neighborhoods. NEIGHBORHOOD REVITALIZATION STRATEGY AREA Table 4 — Identify the geographic distribution and location of investments Narrative The allocation percentages consist of projects that are tracked by address in the IDIS system. These projects include affordable housing projects such as rehabilitation, emergency repairs, clearance and demolition and down payment assistance. Public service activities and program administration are recorded as citywide activities. The total funding expended during the program year was $1,623,542.13. The amount spent on Local Targeted Neighborhoods was $308,455.93 or 19% of the total funding expended. CAPER 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 328 of 549 Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. The City of Waterloo Community Development received a Lead Based Paint Hazard Control Grant that was awarded in FY20 in the amount of $3,384,678.00. The Lead Hazard Control Grant has a match requirement of 10%. CDBG funds were used to fulfill the grants match requirement. During FY23/24 CDBG funds in the amount of $139,729.64 along with $5,546,00 of owner funds were used to leverage $742,105.70 of Lead Hazard Control funds to address lead -based paint hazards in low -moderate income households living in housing built prior to 1978. To date, CDBG and owner funds totaling $411,218.88 have leveraged $3,467,030.29 Lead Hazard Control and Healthy Homes funding. HOME funding was used as set -aside for the Community Housing Development Organization (CHDO) in the amount of $169,975.43 leveraged $39,216.25 of grants, in kind contributions, and private funds for Habitat for Humanity. The organization completed a new construction project totaling $209,191.68. The leveraged amount included an in -kind match donation of publicly owned land valued at $3,000 for the affordable housing project. Fiscal Year Summary — HOME Match 1. Excess match from prior Federal fiscal year 12,273,755 2. Match contributed during the current Federal fiscal year 43,316 3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 12,317,071 4. Match liability for current Federal fiscal year 30,211 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 12,286,860 Table 5 - Fiscal Year Summary - HOME Match Report CAPER 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 329 of 549 Match Contribution for the Federal Fiscal Year Project No. or Other ID Date of Contribution Cash (non -Federal sources) Foregone Taxes, Fees, Charges Appraised Land/Real Property Required Infrastructure Site Preparation, Construction Materials, Donated labor Bond Financing Total Match 1557 528 Cutler St. 7-7-2023 1,000 1,000 1559 1558 Hawthorne Ave. 10-11-2023 1,000 1,000 1564 1844 Easton Ave. 4-30-2024 1,000 1,000 1565 403 Oneida St. 5-31-2024 1,100 1,100 1560 529 Sands Ave. Cedar Falls 7-3-2023 36,216.25 3,000 39,216.25 Table 6 — Match Contribution for the Federal Fiscal Year CAPER OMB Control No: 2506-0117 (exp. 09/30/2021) 14 Page 330 of 549 HOME MBE/WBE report Program Income - Enter the program amounts for the reporting period Balance on hand at the beginning of the reporting period $ Amount received during reporting period $ Total amount expended during reporting period $ Amount expended for TBRA $ Balance on hand at end of reporting period $ 42,266.86 245,250.60 83,552.20 0 203,965.26 Table 7 - Program Income CAPER 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 331 of 549 Minority Business Enterprises and Women Business Enterprises — Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non - Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Contracts Dollar Amount 0 0 0 0 0 0 Number 0 0 0 0 0 0 Sub -Contracts Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Total Women Business Enterprises Male Contracts Dollar Amount 0 0 0 Number 0 0 0 Sub -Contracts Number 0 0 0 Dollar Amount 0 0 0 Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property — Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non - Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Table 9 — Minority Owners of Rental Property CAPER 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 332 of 549 Relocation and Real Property Acquisition — Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0 Businesses Displaced 0 0 Nonprofit Organizations Displaced 0 0 Households Temporarily Relocated, not Displaced 0 0 Households Displaced Total Minority Property Enterprises White Non - Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 0 0 0 0 0 Cost 0 0 0 0 0 0 Table 10 — Relocation and Real Property Acquisition CAPER 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 333 of 549 CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate -income, and middle -income people served. One -Year Goal Actual Number of Homeless households to be provided affordable housing units 40 0 Number of Non -Homeless households to be provided affordable housing units 0 4 Number of Special -Needs households to be provided affordable housing units 0 0 Total 40 4 Table 11— Number of Households One -Year Goal Actual Number of households supported through Rental Assistance 0 0 Number of households supported through The Production of New Units 4 1 Number of households supported through Rehab of Existing Units 42 64 Number of households supported through Acquisition of Existing Units 8 0 Total 54 65 Table 12 — Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. During the program year the Salvation Army had a goal to serve 40 individuals through overnight shelter services. Due to the late arrival of the FY23 funding we were unable to provide funds to the Salvation Army until the end of the fiscal year. Funding provided will be reported in the FY24 CAPER. The non -homeless goal of providing affordable housing units was impacted through the HOME Investment Partnerships down payment assistance program that provided 4 households with down payment and closing cost assistance. Our down payment assistance program offered first-time homebuyers a maximum $25,000 of down payment and closing cost assistance. This allowed first-time homebuyers an opportunity to purchase homes that they may not have been able to afford on their CAPER 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 334 of 549 own. As interest rates remain high this pushes the monthly payment to levels households below 80% AMI cannot afford. The available assistance can often provide the buyer with a large enough down payment to avoid private mortgage insurance (PMI) leaving the buyer with a more affordable payment. All down payment assistance is subject to underwriting to determine the needs of the client and their affordability. The number of households supported through the production of new units fell short of a goal of 4. The City of Cedar Falls planned for the production of two new construction units, falling short by one unit. The City of Waterloo also had a goal of producing two units. Habitat for Humanity did complete one new construction home however, the closing date was 3 days after the close of the fiscal year. This unit will be reported during PY24. The new construction project at 230 Gable Street is currently behind schedule. The home was projected to be completed in May of 2024. It is now scheduled for completion in March of 2025. The number of households supported through rehabilitation of existing units exceeded its goal of serving 42 households by 22 households. Rehabilitation has consistently exceeded our expected number of households served for multiple years. Requests for emergency repairs such as a new roof, water and sewer line repairs, water heaters, furnaces and other necessary home repairs have more than doubled since the COVID-19 pandemic. Discuss how these outcomes will impact future annual action plans. As the needs of the community shift, Waterloo Community Development is constantly adapting programs to meet those needs. The Emergency Repair Program continues to be our most utilized program. Future funding for the program will need to increase to meet the demand of the number of individuals seeking assistance. We will continue to partner with Habitat for Humanity to fund their Critical Repair Program which provides low-income homeowners assistance with costly home repairs. As new construction homes become more infeasible for the purpose of affordable housing, Community Development will focus more on acquisition -rehab -resale activities. This preserves the current housing stock at a more affordable rate. Homebuyers can purchase the rehabilitated homes that have a "like new" feel without the price point of a new construction home. HOME and CDBG funds will be used to acquire properties that will be rehabilitated and sold to low-income homebuyers. Properties can either be purchased or acquired through the 657A process to be rehabilitated. If the property has a structure that cannot be rehabilitated the structure will be demolished and reconstructed into new affordable housing. CAPER 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 335 of 549 Include the number of extremely low-income, low-income, and moderate -income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 16 0 Low-income 21 1 Moderate -income 27 4 Total 64 5 Table 13 — Number of Households Served Narrative Information During the program year, challenges such as staff shortage, contractor shortages, high material and labor costs, and rising housing prices had an effect on the outcome of affordable housing activities. Adapting programs to meet the ever -changing needs of the community is required to prevent homelessness and preserve affordable housing stock. Waterloo Community Development will continue to assess the needs of the community and develop programs that meet those needs. CAPER 20 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 336 of 549 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The Salvation Army is our main provider of homeless outreach and shelter -based outreach to persons experiencing homelessness. The Salvation Army currently uses the Homeless Management Information System (HMIS) to track, record and store characteristics and service needs of homeless individuals. Community Development staff receive information regarding the CoC weekly placement meeting held every Tuesday. Agencies discuss the Iowa Coordinated Services Network Homeless Prioritization List to determine a coordinated effort to assist homeless individuals in the region. The Community Development staff also attends the Black Hawk County Homeless Coordinating Board meetings to assess the needs of the community. People's Community Health Clinic also offers a Homeless Outreach Program that provides assistance with health and dental appointments, education on the importance of medical care, community agency outreach and housing needs. Addressing the emergency shelter and transitional housing needs of homeless persons The Salvation Army is our best resource for addressing chronically homeless and emergency shelter services. The Salvation Army currently provides a number of counseling services for mental health, domestic abuse and addiction counseling. Through the use of the HMIS system, individuals and services are tracked so chronic homelessness can be addressed. The Salvation Army provides outreach for job training, housing and transportation needs. The City of Waterloo funds The Salvation Army emergency shelters. The Salvation Army provides a 32 bed/8-unit facility for women and children, an 18-bed facility for men and 1 housing facility to meet the needs of family shelter. The Catholic Worker House also provides 22 beds: 15 for men and 7 for woman. Transitional housing services are provided by The House of Hope, which is a 10-unit facility with a total of 24 beds. Friends of the Family provides emergency housing assistance and tenant -based rental assistance. Friends of the Family provides community outreach workers who are out on the streets serving homeless individuals and assessing their needs. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Individuals who are discharged from publicly funded institutions such as health care facilities, mental CAPER 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 337 of 549 health facilities, foster care, and corrections programs and institutions are more likely to become homeless after being discharged. The Black Hawk County Local Homeless Coordinating Board (LHCB) coordinates efforts among service providers and local government agencies to promote the expansion of permanent housing for people experiencing homelessness. The LHCB along with other homeless service providers in Iowa's Balance of State CoC have developed a Coordinated Entry system to expedite the process for people experiencing or at risk of homelessness to receive assistance. The Coordinated Entry System will standardize the intake process by homeless service providers so people in need are referred to the most appropriate programs. People's Community Health Clinic also connects homeless individuals with medical services, dental care, meals and shelter. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of Waterloo does not receive ESG funding directly. Iowa's Balance of State CoC would be responsible for implementing their homeless discharge coordination policy. This is also done through the Local Homeless Coordinating Board. The agencies that make up the CoC and LHCB meet weekly to place homeless individuals into stable housing. The State of Iowa is covered by four Continuum of Care, or networks of local governments, health and social service providers, with Woodbury, Pottawattamie, and Polk Counties each having separate CoCs. Waterloo and Black Hawk County are part of the "Balance of State" Coc. The CoC works with homeless populations from intake to self-sufficient independent living. The CoC works with emergency shelters, transitional housing agencies, rapid rehousing organizations and permanent supportive housing preventing individuals and families who were recently homeless from becoming homeless again. Cedar Valley Friends of the Family provides 16 family units with 17 beds in total. Community Housing Initiatives also provides 12 units with 13 beds, 1 family unit with 2 beds and 11 adult only beds. In addition to permanent supportive housing, Operation Threshold has 30 units and Exceptional Persons Inc. has 7 units that are used for rapid re -housing. All shelter participants engage in an assessment process that includes the Coordinated Entry Diversion tool, the Vulnerability Index & Services Prioritization Decision Assistance Tool (VI-SPDAT), and the Salvation Army's Pathway of Hope assessments. These assessments and tools aid individuals and families in determining which individuals or families are most in need of emergency shelter and those who are better served through diversion or referral. Participants are continually assessed and revised with the aid of shelter care managers. As needs change, the program participant is provided with additional appropriate referrals or services with the ultimate goal of successful exit to permanent housing. CAPER 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 338 of 549 CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The Waterloo Housing Authority operates a 50-apartment facility for elderly and disabled income eligible tenants. The City uses the Capital Funds Program as well as operating revenue reserves to make improvements to our public housing site -Ridgeway Towers. The Waterloo Housing Authority is currently authorized 1063 all-purpose vouchers with 964 leased, 19 VASH vouchers with 18 leased, 25 FYI (Foster Youth to Independence) vouchers with 9 leased and 12 Emergency Housing Vouchers with 12 leased. Emergency vouchers will not be reissued if the voucher becomes unutilized. Waterloo Housing Authority has 30 homeownership vouchers authorized with 11 vouchers utilized. 75% of the families served by Section 8 must be very low income to be admitted to the program. There is still a great need for public housing assistance, demonstrated by its two-year waiting list with approximately 1,895 people waiting for Section 8 assistance. Ridgeway Towers has a current waitlist of 15 individuals with a waiting period of approximately one year. The Section 8 program has seen a decrease in voucher utilization due to a lack of participating landlords. Landlords are often left with costly repairs after renting units to households participating in the Housing Choice Voucher program. The Waterloo Housing Authority will pilot a new program called the Landlord Rental Mitigation Fund (LMRF) in attempts to increase participant voucher utilization. The Landlord Rental Mitigation Fund seeks to ease landlord apprehension when leasing to Housing Choice Voucher participants. The LRMF will provide financial backing of up to $2,000 per household to decrease the risk of financial loss in the event of damage beyond the amount of the original security deposit of high -risk Housing Choice Voucher participants. Participating landlords will be eligible to submit a claim request up to 45 days after the participating tenant has vacated the rental property. The fund will not cover late rent payments or damages while the tenant is still residing in the unit. The Waterloo Authority is also preparing to offer a tenant education program called "Ready to Rent" in conjunction with the Landlord Rental Mitigation Fund program for voucher participants. Planned improvements to Waterloo's public housing includes remodeling kitchens in all 50 units with construction set to begin March of 2025. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership Actions to encourage public housing residents to become more involved in management and participate in homeownership include having tenant representation on the Waterloo Housing Authority Board of Directors. The Housing Authority holds regular quarterly meetings with residents to encourage suggestions for improvements to the building both physical and policy. The public housing facility is currently designated 62 and older, therefore, residents are not interested in homeownership. The Section 8 Home Ownership Program permits eligible participants in the Section 8 Housing Choice CAPER 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 339 of 549 Voucher Program, including participants with portable vouchers, the option of purchasing a home with Section 8 assistance rather than renting. The home ownership option is limited to 30 vouchers out of the total Section 8 voucher program budgeted by the PHA. The program is available to current participants who have completed an initial Section 8 lease term consisting of 12 months, do not owe monies to the City of Waterloo Housing Authority or any other Housing Authority for any outstanding debt, and who meets the eligibility criteria. Additionally, participants who are in violation of their family obligations while receiving Section 8 assistance shall be ineligible for participation in the Section 8 Home Ownership Program. The Waterloo Housing Authority also offers Homebuyer Education Classes to low -moderate income people who are seeking to become future homeowners. Upon successful completion of the course the participants are eligible for $5,000 in down payment assistance. Actions taken to provide assistance to troubled PHAs The Waterloo Housing Authority is currently designated as a high performer through the annual Section Eight Management Assessment Program (SEMAP). SEMAP measures the performance of the public housing agencies that administer the Housing Choice Voucher Program in 13 key areas. The Waterloo Housing Authority has also achieved "High Performer" status through PHAS (Public Housing Assessment System) which looks at management (includes occupancy rates), physical, and financial status of the project. CAPER 24 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 340 of 549 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City of Waterloo continues to provide tax abatement for any property improvements in the Consolidated Urban Revitalization Area (CURA). The CURA provides incentives for existing neighborhood investment and redevelopment. The CURA is eligible for residential, commercial, and industrial incentives on the inner portions of the community. It helps create potential redevelopment opportunities for all types of development. The City's continued use of the 657A is used to eliminate blight which becomes an important factor in revitalization, growth, and re-creation of parts of Waterloo. Other tax credits for homeowners include low-income credits, veteran's credit, and a homestead credit to help keep housing affordable. Public policies can also have negative effects on the community. For example, low-income homeowners are faced with emergency burdens such as water or sewer main breaks unexpectedly. If the homeowner is unable to get the main break fixed in a timely manner the city will get the work completed and assess the homeowner's taxes. Currently this is the same with sidewalk repairs and other imminent repairs. This type of assessment causes a burden on low-income homeowners. The assessment payment must be paid in addition to the property tax, or the property will be sold at a tax sale. If the homeowner is unable to redeem the home, the homeowner could be faced with losing their home due to such assessments. Our Emergency Repair Program plays a vital role in preventing homelessness for this very reason. We are able to get the repairs made for the homeowners as a grant or a loan with no tax assessment. Waterloo Community Development staff work closely with Code Enforcement to assist clients with code violations before action is taken. Community Development will assess the violation to see if any assistance can be offered to remedy the situation before tickets are written or court summons are issued. Code enforcement provides homeowners with resources including Community Development programs to help households faced with code violations remedy the situation. Code enforcement will refer individuals that cannot afford to address code violations to Community Development for assistance. Clients are referred to Community Development to seek the necessary assistance to avoid citations for code regarding roof replacement, and garage demolition. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) Waterloo Community Development has implemented programs based specifically on meeting underserved needs such as homebuyer assistance for low -moderate income homebuyers. The program CAPER 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 341 of 549 provides down payment and closing cost assistance to first time low -moderate income homebuyers. Down payment and closing costs are often a barrier for low-income households becoming homeowners. The emergency repair programs provide low -moderate income households assistance with emergency situations that they may not be prepared to handle. During the fiscal year emergency repairs often included water service lines, sewer lines, hot water heaters, furnace and A/C units, plumbing leaks and electrical emergencies. The Rental Rehabilitation Loan Program was designed to provide landlords with rental properties occupied by low-income occupants a zero -interest loan to make necessary repairs such as roof replacement, windows, siding, electrical updates etc. to keep the home habitable and meet housing quality standards. The City of Waterloo assembled a Homeless Task Force made up of agencies that provide services and outreach to the homeless or at risk of homeless individuals. The group includes providers of shelter, case management, outreach, mental health and substance abuse counseling, and school outreach workers. The group is made up of subcommittees that have all been tasked to solve some of the priority needs in the community. Subcommittees include short term housing solutions, in depth case management, access to transportation, landlord and tenant education program, landlord protection and incentive program and a rental inspection program. The group has an ongoing strategy to assess and remediate barriers causing homelessness and at risk of homelessness in the city. CAPER 26 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 342 of 549 Actions taken to reduce lead -based paint hazards. 91.220(k); 91.320(j) Beginning January 1, 2021, The City of Waterloo was awarded an additional Lead Hazard Control Grant in the amount of $3.8 million dollars to be used over a forty -two -month time span. The funds are used to provide interim controls and lead abatement activities. Funding provided lead hazard control in 75 homes in the City of Waterloo. The funds were paired with CDBG funding to provide income eligible owner -occupied unit rehabilitation services along with interim control and lead abatement services. CDBG is also used to satisfy a 10% match requirement for the Lead Hazard Control Grant. Rental units with tenants that meet the income eligibility requirements were also allowed to receive the lead services. The city partnered with The Black Hawk County Health Department for LIRA and Healthy Homes Assessments as well as lead dust clearance testing and program outreach and education. The county also provided blood lead level testing for children participating in the program. Lead safe practices are used on every rehabilitation project regardless of the funding source. Waterloo Community Development provided free 24 Hour Worker, 40 Hour Lead Contractor, and 8 Hour Lead Refresher Courses at no charge to contractors and workers. The workers and contractors are responsible for securing their own licensing with the State. Actions taken to reduce the number of poverty -level families. 91.220(k); 91.320(j) The City of Waterloo has a number of action agencies that help reduce the number of poverty families in the community. Funding was provided to The Salvation Army for the operation of its overnight shelter services. The Northeast Iowa Food Bank was funded to provide staffing for its food pantry. There are a CAPER 27 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 343 of 549 number of foundations along with Community Development that provide funding to public services agencies to help reduce the number of poverty -level individuals and families in the city. Operation Threshold provides services such as housing, energy assistance and WIC. The Department of Public Health and Human Services provides childcare assistance and food assistance to help families become self-sufficient. The Waterloo Housing Authority has been providing case management services to Section 8 assisted families since 1992. The Housing Authority provides rental assistance to low-income households. Waterloo Community Development participates in a number of efforts to coordinate housing and services. For example, Waterloo Community Development staff participate in Habitat for Humanity's Church Row Action Team Initiative. The goal of the initiative is to increase public improvements to parks and streetscapes, clean up blighted and vacant homes, add new homes to the tax role, and rehabilitate the aging housing stock in the neighborhood. Actions taken to develop institutional structure. 91.220(k); 91.320(j) The Waterloo Community Development Board holds monthly meetings to discuss and approve plans, projects and services provided. For example, the board constantly reviews policies and procedures to determine if components hinder or prevent clients from accessing services by way of eligibility. The City of Waterloo along with the City of Cedar Falls participated in a HOME Investment Partnership Consortium which allows both cities to receive funding that would not otherwise be available to each grantee on an individual basis. HOME funds can be used on a variety of housing activities including tenant -based rental assistance, housing rehabilitation, assistance to homebuyers and new construction housing. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) Waterloo Community Development is involved with a number of committees and foundations that come together to provide funding for services in the community. By uniting the services, partnerships are made between the public and private housing and social service agencies. Waterloo Community Development provided funding during the current and prior fiscal years to the following housing and social service agencies: • Iowa Heartland Habitat for Humanity- Funds were provided for a critical repair program used to assist low-income homeowners with necessary repairs to prevent homelessness and deterioration of the current housing stock. CAPER 28 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 344 of 549 • Habitat for Humanity Action Teams- Participation as an agency to create suitable living environments in the Church Row neighborhood. • Northeast Iowa Food Bank- Funds were provided to assist with the increasing number of individuals and families seeking assistance due to food insecurity. • Walnut Neighborhood Meeting- Participate in the monthly Walnut Neighborhood meeting to coordinate the revitalization happening in the neighborhood. • A partnership with The Black Hawk County Department of Public Health and Human Services provides necessary assessments and testing for Federal programs that provide households assistance to remediate health hazards in homes. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) • All CDBG and HOME programs help to address the growing mismatch between real income and housing cost (A4). • The city continues to provide tax abatement to keep housing affordable in the CURA and allow homeowners to make needed home improvements (A2). • Staff has developed a comprehensive strategy to meet the market needs of the Limited English Proficiency (LEP) population (Al). • The Waterloo Police Department has a list of translators for various languages, and we have a working relationship with the Waterloo Schools since they have numerous interpreters on staff. The YWCA has a multi-lingual staff member who will provide one-on-one housing counseling for non-English speakers. • The mayor has implemented the Homeless Task Force that meets to discuss and resolve homeless barriers within the community (Al). • Waterloo Community Development provides down payment assistance for low-income first- time homebuyers closing the income gap for homeownership. (A4) CAPER 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 345 of 549 CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements Community Development provides training at the start of each program year for all sub recipients of federal grant funds. During this training, an overview is provided on the federal requirements, income guidelines, and general information. Each agency is encouraged to "ask before doing" if they are not familiar with federal guidelines. An on -site monitoring visit or desk monitoring is completed with each sub recipient during the program year to ensure continued compliance. During the fiscal year all activities that expended funds were monitored using procedures from the HUD monitoring handbook. Desk monitoring of rents, invoices, payments and client files, activities and projects were conducted through scanning and emailing requested documents. During the monitoring process, the project progress, financial information and project files are reviewed to ensure compliance with Federal program regulations. The review also includes verification of marketing materials, income verification of applicants, insurance and audit materials, and other applicable materials to ensure continued compliance. Monitoring procedures were also required to be completed prior to any pay requests made by public service agencies and before final payments on any completed projects. New agencies requesting payment were required to submit client file samples prior to pay requests to ensure client income determinations were being completed correctly. Ongoing technical assistance was provided to all contracted agencies to ensure regulation compliance. Through the monitoring process if an agency or project was not in compliance a monitoring letter was sent out and the agency is given a specific time period to remediate the deficiency. Community Development also conducts an inspection of units for applicable rental rehabilitation programs, homebuyer assistance programs and rental programs to ensure that housing quality standards are met. The Uniform Physical Conditions inspection requirement is completed for the necessary number of units for each property with appropriate notice provided to the residents. When appropriate, efforts between the state and city are combined so inspections are not duplicated. Any identified deficiencies are shared with the sub recipient in a letter and the sub recipient is then required to demonstrate compliance. Public service agencies are required to submit an Accomplishment Report with each draw request. The Accomplishment Report includes the household data including household size, race, ethnicity, household income level, elderly, disabled and female headed household information. Subrecipients conducting housing related activities such as rehabilitation or senior home modifications are required to submit a Project Data Sheet for project approval. Upon receipt of the Project Data Sheet an environmental review is conducted to determine if a project can proceed, if the project needs to be modified, or if the project needs to be cancelled. All projects must be pre -approved by Waterloo Community Development. Accomplishment Reports and Project Data Sheets are reviewed, and sample CAPER 30 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 346 of 549 monitoring is conducted on random draw requests and housing projects. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. Public Hearings are held throughout the program year to provide citizens with a chance to comment on projects. Various projects provide a short survey for participants to fill out. We use these surveys and comments to improve individual projects. The draft CAPER, One -Year Action Plan and 5-Year Consolidated Plan are made available for public review and comment at the Waterloo Community Development Office, the City Clerk's office, and as well as on the City's website. Notices for the reviews and comment periods are published in the Waterloo/Cedar Falls Courier. The FY24 CAPER Public Notice was published in the Waterloo/Cedar Falls Courier on March 4, 2025. The 15-day comment period began on March 5, 2025, and concluded on March 20, 2025. Comments received during the period will be added prior to HUD submission. A Public Hearing was held on March 17, 2025, during the City Council meeting. Anyone wishing to participate was encouraged to contact Waterloo Community Development for meeting details. A copy of the Public Notice can be viewed in the Administration section attachments. CAPER 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 347 of 549 CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. The objectives of the City of Waterloo remain the same and unchanged. However, the ideas and the approaches to achieving the defined objectives are always revolving. Policies and procedures will be reviewed to remove barriers on an as needed basis. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. CAPER 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 348 of 549 CR-50 - HOME 24 CFR 91.520(d) Include the results of on -site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on -site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. The City of Waterloo currently has 1 HOME assisted rental development under contract. Desk monitoring of tenants and rents was conducted. No unit inspections were completed. Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 24 CFR 91.520(e) and 24 CFR 92.351(a) All HOME -assisted projects are required to follow Federal regulations regarding income and occupancy in the selection of tenants throughout the affordability period. All projects must have a HOME Tenant Selection Policy/Affirmative Fair Housing Marketing Plan. HOME -assisted projects must market and take action to attract eligible persons in market area without regard to race, color, national origin, sex, religion, familial status, or disability. Many of our HOME -assisted units are located in minority areas and specifically marketed directly toward the African American community. Marketing and outreach are performed through local service agencies such as The Jesse Cosby Center, The Waterloo Housing Authority, Operation Threshold, Habitat for Humanity, The Northeast Iowa Area Agency on Aging, and Black Hawk County Public Health and Human Services. The City of Waterloo also utilizes Facebook to keep citizens up to date on City events. Facebook is currently our most viewed marketing resource. These agencies are notified regularly to help fill vacant units. Owners also place ads in the Waterloo/CF Courier when apartments are vacant. HOME -assisted units make marketing to minority groups such as African American, Hispanic, Bosnian and Asian/Pacific Islander as well as disabled communities a priority in efforts to fill vacant units. All HOME -assisted units must inform the public, and potential tenants, about federal fair housing laws and must use the Equal Housing Opportunity logo on marketing materials and written communications. During monitoring sessions rentals must provide their current marketing plan unless there is an existing waitlist for those units. When deficiencies of these regulations are identified, they are noted, and corrective actions are taken by the sub recipients. The review of the material is conducted during the annual monitoring inspection. Refer to IDIS reports to describe the amount and use of program income for projects, CAPER 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 349 of 549 including the number of projects and owner and tenant characteristics The HOME Program had $42,266.86 of program income on hand at the beginning of the program year. During the program year $245,250.60 was received and $83,552.20 was expended. At the end of the program year the program income balance on hand was $203,965.26. The HOME program income was expended on the following projects during the program year: Homebuyer Assistance • $8,671.94 to a black, non -Hispanic, female headed, single parent household with 2 children at 56% AMI for the purchase of 528 Cutler St. • 16,849.06 to a black, non -Hispanic, female headed, single parent household with 1 adult child at 54% AMI for the purchase of 1558 Hawthorne Ave. • $25,000 to a white, non -Hispanic, disabled, 2 parent household with 1 child at 35% AMI for the purchase of 1844 Easton Ave. CHDO New Construction • $11,916.60 to a new construction home at 2925 Sands Ave. in Cedar Falls through a partnership with Habitat for Humanity. The home was purchased by a white non -Hispanic single parent, female headed household with 1 child at 63% AMI. Acquisition -Rehab -Resale • $1,998.29 to an acquisition- rehab -resale project located at 232 Ricker St. This project is ongoing, so no demographic information is available. • $19,116.31 to an acquisition -rehab -resale project located at 233 Gable St. This project is ongoing, so no demographic information is available. Describe other actions taken to foster and maintain affordable housing. 24 CFR 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 24 CFR 91.320(j) Waterloo Community Development has played a primary role in providing assistance to create and sustain the affordable housing stock in the city. The city makes a significant contribution to housing CAPER 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 350 of 549 affordability and preservation, including but not limited to: • Funding for housing rehabilitation • Funding for CHDO new construction projects. • Funding homebuyer assistance programs. • Funding acquisition rehab resale projects. CAPER 35 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 351 of 549 CR-58 — Section 3 Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF Total Number of Activities 0 0 0 0 0 Total Labor Hours Total Section 3 Worker Hours Total Targeted Section 3 Worker Hours Table 14 — Total Labor Hours Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers Outreach efforts to generate job applicants who are Other Funding Targeted Workers. Direct, on -the job training (including apprenticeships). Indirect training such as arranging for, contracting for, or paying tuition for, off -site training. Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). Outreach efforts to identify and secure bids from Section 3 business concerns. Technical assistance to help Section 3 business concerns understand and bid on contracts. Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. Provided or connected residents with assistance in seeking employment including: drafting resumes, preparing for interviews, finding job opportunities, connecting residents to job placement services. Held one or more job fairs. Provided or connected residents with supportive services that can provide direct services or referrals. Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation. Assisted residents with finding child care. Assisted residents to apply for, or attend community college or a four year educational institution. Assisted residents to apply for, or attend vocational/technical training. Assisted residents to obtain financial literacy training and/or coaching. Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. Provided or connected residents with training on computer use or online technologies. Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. Outreach, engagement, or referrals with the state one -stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. CAPER 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 352 of 549 Other. Table 15 — Qualitative Efforts - Number of Activities by Program Narrative The City of Waterloo did not complete any activities that required Section 3 reporting during FY23/24. CAPER 37 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 353 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Sale and conveyance of 406 Randall Street located within the Church Row Neighborhood. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The property was donated to the city. The city will demolish the home at 406 Randall Street and Iowa Heartland Habitat for Humanity will receive a $5,000 infill housing grant for the construction of a new home. NEIGHBORHOOD IMPACT Construction of the new home would have a positive impact on the neighborhood. DATA, ANALYSIS, AND STRATEGIES Infill Development IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Sale of the City owned property would be considered by Council through the public hearing process which requires public notice of the hearing. SOURCE OF EXPENDITURES Nuissance Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION The East 30 feet of Lot 7, in Block 3, First Addition to Oak Lawn, Black Hawk County, Iowa. ATTACHMENTS Page 354 of 549 1. Habitat DA for 406 Randall 2-12-25 2. 406 Randall Aerial Page 355 of 549 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2025, by and between Iowa Heartland Habitat for Humanity ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City owns real property at 406 Randall Street, Waterloo, Iowa (the "Property"), which is legally described as set forth on Exhibit "A" attached hereto. Company desires to undertake a project on the Property. B. City considers infill residential development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) 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 and following demolition activities, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters Page 356 of 549 not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Company agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. At its own cost Company shall construct a single-family dwelling to a finished state, including sidewalk, garage and driveway, and shall be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific plans, building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and must Substantially Complete construction by December 31, 2027 (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. 2 Page 357 of 549 B. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 13, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 13, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property in addition to exercising any other available remedies. 4. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 3, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed or other documents required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of 3 Page 358 of 549 indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 6. City Incentives. To aid the Project, City agrees to provide the following assistance: A. Demolition. Before conveyance, City shall demolish current structures on the Property, remove debris, and level the site to grade. City shall not otherwise undertake any actions to prepare the Property for Company's purposes. B. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Company a grant of $5,000.00 within thirty (30) days after Company has Substantially Completed the Improvements and has obtain final inspection on all permits obtained for the Project. 7. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 8. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 9. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. 4 Page 359 of 549 B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or 5 Page 360 of 549 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. 12. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City, except as expressly authorized by this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property; or E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, 6 Page 361 of 549 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 as a waiver of any other or any subsequent default and shall not impair any such right or power. 14. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's acquisition of same or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be on or about the Property or the Improvements, due to any act of negligence or willful 7 Page 362 of 549 misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 8 Page 363 of 549 18. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the Community Planning and Development Director. (b) if to Company, at 803 W. 5th Street, Waterloo, Iowa 50702, Attention: Executive Director. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, or (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. A party may change the address for giving notice by any method set forth in this Section. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties 9 Page 364 of 549 hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 23. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 26. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT FOR HUMANITY By: By: Quentin Hart, Mayor Ali Parrish, Executive Director Attest: Kelley Felchle, City Clerk 10 Page 365 of 549 EXHIBIT "A" Property Description The East 30 feet of Lot 7, in Block 3, First Addition to Oak Lawn, Black Hawk County, Iowa. Page 366 of 549 406 Randall Street RANDALL-ST OAKLAWN AVE RANDALLST+ j Q Q J Y Q O Note: Base map data source is Black Hawk County. This map does not represent a survey. no liability is assumed for the actuary of the data delineated herein, eXher expressed or Implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty. express or Implied. as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. 406 Randall Street Pa 367 of 5'19 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department AGENDA ITEM TITLE FY 2025 Asphalt Overlay Program, Contract No. 1115. RECOMMENDED COUNCIL ACTION MEETING DATE March 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. 03.13.2025 FY 2025 Asphalt Overlay Program, Contract No. 1115 2. Contract and Bonds_1115_for signature Page 368 of 549 FY 2025 Asphalt Overlay Program, Contract No. 1115 Engineer's Estimate $5,748,374.57 March 13, 2025 Bidder Bid Security Bid Amount ASPRO, INC. WATERLOO, IOWA 5% $4,908,656.32 Page 369 of 549 FORM OF CONTRACT FOR THE CONSTRUCTION OF FY 2025 ASPHALT OVERLAY PROGRAM CITY OF WATERLOO, IOWA CONTRACT NO. 1115 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 ASPRO, INC., of WATERLOO , IOWA (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 PAR. 7 Contractor agrees to build and construct the FY 2025 ASPHALT OVERLAY PROGRAMa CONTRACT NO. 1115 and furnish all necessary tools, equipment, materials,_ and labor necessary to do all the work called for in the plans and specifications in a workmanship like manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before NOVEMBER 21, 2025, unless an extension of time is granted in writing by the Council of the City. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. 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 FORM OF CONTRACT Page 1 of 4 Page 370 of 549 PAR. 8 PAR. 9 PAR. 10 PAR. 11 barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 PAR. 14 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. FORM OF CONTRACT Page 2 of 4 Page 371 of 549 PAR. 15 PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $4,908,656.32. After the completion of said work, the Contractor agrees to remove all debris and clean-up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not Tess than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT Page 3 of 4 Page 372 of 549 CITY OF WATERLOO, IOWA Mayor City Clerk pr Ihc, Contractor] 4 BY: '/ Title: V/Li Prerehf Approved by the City Council of the City of Waterloo, Iowa, this day of ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT Page 4 of 4 Page 373 of 549 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond Number: 2365974 That we, Aspro, Inc. of Waterloo, Iowa (the "Principal"), and Swiss ReCorporate Solutions America Insurance Corporation of Kansas City, Missouri (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Four Million Nine Hundred Eight Thousand Six Hundred Fifty-six & 321100 Dollars ($ 4,908,656.32 ), 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 F.Y. 2025 Asphalt overlay Program, Contract No. 1115, Waterloo, IA . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. PEFORMANCE BOND Page 1 of 2 Page 374 of 549 Page 375 of 549 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 Aspro, Inc. Name By: Title: SURETY Swiss Re Corporate Solutions America Insurance Corporation Name By: Title: Jamie Gifford, 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. PEFORMANCE BOND Page 2 of 2 Page 376 of 549 Page 377 of 549 PAYMENT BOND Bond Number: 2365974 KNOW ALL MEN BY THESE PRESENTS: that Aspro, Inc. (Name of Contractor) P. O. Box 2620, Waterloo, IA 50704 (Address of Contractor) a Corporation , hereinafter called Principal, and, (Corporation, Partnership or Individual) Swiss Re Corporate Solutions America Insurance Corporation (Name of Surety) 1200 Main Street, Suite 800, Kansas City, MO 64105 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo, Iowa (Name of Owner) 715 Mulberry Street, Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Four Million Nine Hundred Eight Thousand Six Hundred Fifty-six & 32!100 Doi lars,($ 4,908,656.32 ) 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: F.Y. 2025 Asphalt Overlay Program, Contract No. 1115, Waterloo, IA NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PAYMENT BOND Page 1 of 2 Page 378 of 549 Page 379 of 549 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in three (3) (number) shall be deemed an original, this the day of ATTEST: CAPa-,-9 � S (Principal) Secretary Aspro, Inc. counterparts, each one of which, 2025 , (Principal) vf' (SEAL) By: ' ' v I (s) M� S Witness as to Principal P. O. Box 2620 (Address) Waterloo, IA 50704 ATT, W}t�iess Surety Sara Husto 2727 Grand Prairie Parkway (Address) Waukee, IA 50263 P. O. Box 2620 (Address) Waterloo, IA 50704 Swiss Re Corporate Solutions America Insurance Corporation •Fact Jamie Gifford 2727 Grand Prairie Parkway (Address) Waukee, IA 50263 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PAYMENT BOND Page 2 of 2 Page 380 of 549 Page 381 of 549 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, CINDY BENNETT, ANNE CROWNER, TIM McCULLOH, DIONE R. YOUNG, SETH ROOKER, JENNIFER MARINO, JOSEPH TIERNAN, KATE ZANDERS, SARA HUSTON, JOHN CORD LUKAS SCHRODER and JAMIE GIFFORD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as arc or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION (5125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding anon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." .J,.,q�5PR@41fi, `hfv `ppPOa�r' ,c's. rl: SEALG By Erik Janssens, Senior Vice President of SRCSAIC & Senior Vice President of SRCSPIC & Senior Vice President of WIC Gerald Jagros,ski, Vice President of SRCSAIC& Vice President of SRCSPIC & Vice President of %%lc IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 21Id day of FEBRUARY 20 24 State of Illinois County of Cook ss Swiss Re Corporate Solutions America Insurance Corporation Swiss Re Corporate Solutions Premier Insurance Corporation Westport Insurance Corporation On this 2nd day of FEBRUARY , 20 24 before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to rue, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. (*MULL sEAL CI RIST1NAIytriN1ScO 41rePIItIU TE9F fjlitltl4. .t`�atiiit�lon r RfQth rnt c o I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a tore and coirect copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. IN WITNESS WIIEREOF, I have set my hand and affixed the seals of the Companies this day of , 20 25 . -71 Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC Page 382 of 549 Page 383 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE FY 2025 E./W. San Marnan Drive Reconstrution Project, Contract No. 1116. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Bid Tabulation FY 2025 East and West San Marnan Drive Reconstruction Project, Contract No. 1116 2. Contract Page 384 of 549 Page 385 of 549 FY 2025 East and West San Marnan Drive Reconstruction Project Contract No. 1116 Engineer's Estimate $5,350,000.00 March 6, 2025 Bidder Security Bid Amount CEDAR VALLEY CORP., LLC WATERLOO, IOWA 5% $4,616,849.97 REILLY CONSTRUCTION CO., INC. OSSIAN, IOWA 5% $6,987,628.28 IOWA CIVIL CONTRACTING, INC. VICTOR, IOWA 5% 55,135,678.64 BOOMERANG, CORP. ANAMOSA, IOWA 5% $5,447,713.60 OWEN CONTRACTING CEDAR FALLS, IOWA 5% $4,642,007.64 PETERSON CONTRACTORS, INC. REINBECK, IOWA 5% $4,621,444.30 Page 386 of 549 FORM OF CONTRACT FOR THE CONSTRUCTION OF F.Y. 2025 E./W. SAN MARNAN DRIVE RECONSTRUCTION PROJECT CITY OF WATERLOO, IOWA CONTRACT NO. 1116 This contract made and entered into this day of , 20, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and CEDAR VALLEY CORPORATION, of WATERLOO, IOWA, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 Contractor agrees to build and construct the FY 2025 E./W. SAN MARNAN DRIVE RECONSTRUCTION PROJECT, CONTRACT NO. 1116, and furnish all necessary tools, equipment, materials} and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before NOVEMBER 21, 2025, unless an extension of time is granted in writing by the Council of the City. Incentive will be paid to the contractor for substantial completion of this contract per the following schedule: Substantial completion of Contract on or before OCTOBER 24, 2025: Incentive of $25,000 Substantial completion of Contract on or before OCTOBER 3, 2025: Incentive of $50,000 Substantial completion is defined as all work completed except grading associated with final grading and final seeding. FORM OF CONTRACT Page 1 of 4 Page 387 of 549 PAR. 6 PAR. 7 PAR. 8 PAR. 9 PAR. 10 PAR. 11 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. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 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. FORM OF CONTRACT Page 2 of 4 Page 388 of 549 PAR. 14 PAR. 15 PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $4,616,849.97. After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to dean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT Page 3 of 4 Page 389 of 549 CITY OF WATERLOO, IOWA Mayor City Clerk Cedar Valley Corp., LLC Contractor �` BY: YJ((} 4 ct1 Title: ` erti s - V;ce Pte6ide- Approved by the City Council of the City of Waterloo, Iowa, this day of , 20_. ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT Page 4 of 4 Page 390 of 549 Bond No. 190055212 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Cedar Valley Corp., LLC of Waterloo, IA (the "Principal"), and Liberty Mutual Insurance Company of Boston, MA (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Four Million, Six Hundred Sixteen Thousand, Eight Hundred Forty Nine and 97/100 Dollars ($ 4,616,849.97 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of FY 2025 E./W. San Marnan Drive Reconstruction Project in the City of Waterloo, IA; Contract No. 1116 . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. PEFORMANCE BOND Page 1 of 2 Page 391 of 549 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 SURETY Cedar Valley Corp., LLC Liberty Mutual Insurance Company Name Name By(k,s,09 kiLJ Title: William C. Calderwood, Senior Vice President [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. PEFOIRMANCE BOND Page 2 of 2 Page 392 of 549 Bond No. 190055212 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Cedar Valley Corp., LLC a (Name of Contractor) 2637 Wagner Road, Waterloo, IA 50703 (Address of Contractor) Corporation , hereinafter called Principal, and, (Corporation, Partnership or Individual) Liberty Mutual Insurance Company (Name of Surety) 175 Berkeley Street, Boston, MA 02116 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry Street, Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Four Million, Six Hundred Sixteen Thousand, Eight Hundred Forty Nine and 97/100 Dollars,($ 4,616,849.97 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of; FY 2025 E.IW. San Marnan Drive Reconstruction Project in the City of Waterloo, IA; Contract No. 1116 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PAYMENT BOND Page 1 of 2 Page 393 of 549 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in three(3) (number) shall be deemed an original, this the day of ATTEST: Cedar Valley Corp,, LLC (Principal) Secretary (SEAL) (k,'t Wit) s as to Principal 2637 Wagner Road (Address) Waterloo, IA 50703 ATTEST: 7 W. as to Surety f Grace Dickinson 2727 Grand Prairie Parkway (Address) Waukee, IA 50263 counterparts, each one of which, 20 . Cedar Valley Corp., LLC (Principal) ::;)By: - 0 �4 X.c�% (s) William C. Calderwood, enior Vice President 2637 Wagner Road (Address) Waterloo, IA 50703 Liberty Mutual Insurance Company Kate Zanders Waukee, iA 50263 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PAYMENT BOND Page 2 of 2 Page 394 of 549 Liberty Mutual® SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Certificate No: 8212239-190056 West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, John Cord, Anne Crowncr, Brian lee. Deimerly, Grace Dickinson, Jay D. Freiermuth, Jamie Gifford, Craig E. Hansen, Sara Huston, Tim McCulloh, Seth D. Rooker, Dione R. Young, Kate Zanders all of the city of Waukee state of IA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6t11 day of August , 2024 , By: Stale of PENNSYLVANIA County of MONTGOMERYs' On this 61h day of August , 2024 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company ay -Ai Commonwealth of Pervrsytvania - Notary Seal Teresa Paslela, Notary Pubfc Montgomery County My commission expires Mardi 28, 2025 Commission number 1126044 Member, Pennsylvania Association or Notaries By: Nathan J. Zangerle, Assistant Secretary itd6, eresa Pastella, Notary Public eresa Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV-- OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation 10 make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation, When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to arty representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5, Surety Bonds and Undertakings, Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attorneys -in -tact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and ail undertakings, bonds, recognizances and other surety obligations. Authorization— By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed, I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the iotegoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of , 2025 , By: Renee C. Llewellyn, Assistant Secretary C U 7 73 c +:+ c o, t= a� Q a0 9� O 0) Q O O O 01 CO O CV'n 0 c""'" m= 13 U O N (tl Oa) iL o. LMS-12873 LMIC OCIC WAIC Multi Co 02)24 Page 395 of 549 A�� of CERTIFICATE OF LIABILITY INSURANCE DATE {Mf,VDDIYYYY) 11 /15/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Holmes Murphy & Associates 2727 Grand Prairie Parkway Waukee IA 50263 CONTACT NAME: Kelli DeVries ROO"Na J xI): 319 896 7661 FAX, Not: EMAIL ADDRESS: kdevries holmesmu h .eom _ INSURER(S) AFFORDING COVERAGE NAIC 11 INSURERA: West Bend Insurance Company 15350 INSURED CEPVALPC4 Cedar Valley Corp., LLC 2637 Wagner Road Waterloo, IA 50703 INSURER B : Cincinnati CaSUally Company 28665 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:291061397 REVISION NUMBER: THIS S 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 ADDL !NW SUER WVO POLICY NUMBER POLICY EFF (MMIDWYYYY) POLICY EXP M/ (MDDIYYYY) LIMITS 8 X COMMERCIAL GENERAL LIABILITY Y EPP0731410 12/1/2024 12/1/2025 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREMISES (EaFNTED occurrrence) $ 500,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES POLICY I X 1 JPERei OTHER: PER: LOC $ 2,000,000 PRODUCTS - COMP/OP AGG $ B AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY EPP0731410 12/1/2024 12/1/2025 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ 8 X UMBRELLALIAB EXCESS LJAB X OCCUR CLAIMS -MADE EPP0731410 12/1/2024 12/1/2025 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 $ DED RETENT ON $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOWPARTNERIEXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y .IN N / A A828488 12/1/2024 12/1/2025 Xj 57ATUTE OETH- R E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II more space Is required) The City of Waterloo, Iowa is an Additional Insured on General Liability as required by written contract with the insured, per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Waterloo, Iowa 715 Mulberry Street Waterloo IA 50703 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �: C1DaP�y s. ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 396 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department AGENDA ITEM TITLE FY 2025 Asphalt Reconstruction Project, Contract No. 1117. RECOMMENDED COUNCIL ACTION MEETING DATE March 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. 03.13.2025 FY 2025ACC Reconstruction Project, Contract No. 1117 2. Contract and Bonds_1117_for signature Page 397 of 549 FY 2025 ACC Reconstruction Project Contract No. 1117 Engineer's Estimate $1,860,458.40 March 13, 2025 Bidder Bid Security Bid Amount PETERSON CONTRACTORS, INC., REINBECK, IOWA 5% $1,450,580.56 ASPRO, INC. WATERLOO, IOWA 5% $1,412,835.16 Page 398 of 549 FORM OF CONTRACT FOR THE CONSTRUCTION OF FY 2025 ASPHALT RECONSTRUCTION PROJECT CITY OF WATERLOO, IOWA CONTRACT NO, 1117 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 ASPRO. INC., of WATERLOO, IOWA (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 PAR. 7 Contractor agrees to build and construct the FY 2025 ASPHALT RECONSTRUCTION PROJECT, CONTRACT NO. 1117 and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanship - like manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before SEPTEMBER 30, 2025, unless an extension of time is granted in writing by the Council of the City. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. 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 FORM OF CONTRACT Page 1 of 4 Page 399 of 549 PAR, 8 PAR. 9 PAR. 10 PAR. 11 barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail, also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 PAR. 14 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. FORM OF CONTRACT Page 2 of 4 Page 400 of 549 PAR. 15 PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $1.412.835.16. After the completion of said work, the Contractor agrees to remove all debris and clean-up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not Tess than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT Page 3 of 4 Page 401 of 549 CITY OF WATERLOO, IOWA Mayor City Clerk A- ? 1 Inc . Contract BY: Title: ( mot. Prede4 Approved by the City Council of the City of Waterloo, Iowa, this day of ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT Page 4 of 4 Page 402 of 549 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond Number: 2365973 That we, Aspro, Inc. of Waterloo, Iowa (the "Principal"), and Swiss Re Corporate Solutions America Insurance Corporation of Kansas City, Missouri (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of One Million Four Hundred Twelve Thousand Eight Hundred Thirty-five & 16/100 Dollars ($ 1,412,835.16 ), 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 F.Y. 2025 Asphalt Reconstruction Project, Contract No. 1117, Waterloo, IA . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract, 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. PEFORMANCE BOND Page 1 of 2 Page 403 of 549 Page 404 of 549 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 Aspro, Inc. SURETY Swiss Re Corporate Solutions America Insurance Corporation Name _ n Name By: Title: (e frfed611 By: Title: Jamie Gifford, 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. PEFORMANCE BOND Page 2 of 2 Page 405 of 549 Page 406 of 549 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Aspro, Inc. (Name of Contractor) P. O. Box 2620, Waterloo, IA 50704 Bond Number: 2365973 (Address of Contractor) a Corporation , hereinafter called Principal, and, (Corporation, Partnership or Individual) Swiss Re Corporate Solutions America Insurance Corporation (Name of Surety) 1200 Main Street, Suite 800, Kansas City, MO 64105 (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 Four Hundred Twelve Thousand Eight Hundred Thirty-five & 16/100 Dollars,($1,412,835.16 ) 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: F.Y. 2025 Asphalt Reconstruction Project, Contract No. 1117, Waterloo, IA NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS,. and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PAYMENT BOND Page 1 of 2 Page 407 of 549 Page 408 of 549 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in three (3) counterparts, each one of which, (number) shall be deemed an original, this the day of 2025 ATTEST: LW) r'& S (Principal) Secretary (SEAL) Witness as to Principal P. O. Box 2620 (Address) Waterloo, IA 50704 2727 Grand Prairie Parkway (Address) Waukee, IA 50263 Aspro, Inc. (Principal) P. O. Box 2620 (Address) Waterloo, IA 50704 Swiss Re Corporate Solutions America Insurance Corporation By: Surety AttorneyirI Fact Jamie Gifford 2727 Grand Prairie Parkway (Address) Waukee, IA 50263 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PAYMENT BOND Page 2 of 2 Page 409 of 549 Page 410 of 549 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: JAY D. FREIERMUTH, CRAIG E. IIANSEN, BRIAN M. DEIMERLY, CINDY BENNETT, ANNE CROWNER, TIM McCULLOIH, DIONE R. YOUNG, SETH ROOKER, JENNIFER MARINO, JOSEPH TIERNAN, KATE ZANDERS, SARA HUSTON, JOHN CORD LUKAS SCHRODER and JAMIE GIFFORD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Hoards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the I8th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." `,p,ppn„ , ,, ,,,nH4ry •, JVIOnSAusiz, ,•.� `,:' .rAt5 MEV,"' ;e 'yO"ppYQRjT?i?s. ,.,`0uO'�PORq'4Yr',.; , 1 O T' .`c:' o F' _ mo, c, F •.G By S EAL - S EAL n. • ,,, ., R 1973�, .., ,' ��`�„>. , fire .�1�4,,q �5*„ ,,,, ,,, Erik Janssens, Senior Vire President of SRCSAIC & Senior Vice President of SRCSPIC & Senior Vete President of WIC By " v Gerald Jagronski, Vice President orSRCSAIC & Vice President of SRCSPIC & Vice President of WIC IN WITNESS WTIEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 2nd day of FEBRUARY , 20 24 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County ofCook ss Westport Insurance Corporation On this 2nd day of FEBRUARY . 20 24 , before ine, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly swonl, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. omFIQW,SEAt.� CH. RISTINA W NWSG0 1'1.Caitirnlvtoat �tedi28.ffis q �l10/KA4A 1, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and 1VIC, which is still in fidl force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of , 20 25 Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC Page 411 of 549 Page 412 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution authorizing the issuance of General Obligation Bonds, Series 2025, and levying a tax for the payment thereof. 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 (176) - PDF Letter of Instruction Hearing -Pre -Levy 2025C GO BONDS 2. Waterloo (176) - Pre -Levy Proceedings 2025 GO BONDS Page 413 of 549 Page 414 of 549 rt AHLERS COONEY ATTORNEYS March 5, 2025 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Re: Waterloo, Iowa - General Obligation Bonds Dear Kelley: 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 Included with this letter are proceedings for the day of the public hearing on the issuance of the above -mentioned Bonds (March 17, 2025). The Notices must have been published before the public hearing. The proceedings begin with the opening of the public hearing and the receipt of any oral or written objections from any resident or property owner regarding the proposed issuance of the Bonds. If any objections are received, please attach a summary of those objections to the proceedings. After the public hearing, if the Council decides not to abandon the proposal to issue the Bonds, the enclosed resolutions taking additional action on the issuance should be adopted. Please note that the proceedings have been prepared on the basis that no petition will be filed asking that the question of issuing the Bonds be submitted to the qualified electors of the City. If a valid petition is filed please notify us as soon as possible since the enclosed proceedings will have to be revised to either abandon the proposal to issue the Bonds or direct the County Commissioner to call a special election. The Council is required by statute to adopt the enclosed resolutions at the hearing, or an adjournment thereof. If necessary to adjourn, the minutes are written to accommodate that action. If the Council decides to abandon the proposal to issue said Bonds, then the form of resolution included in these proceedings should not be adopted. We would suggest that, in this event, a motion merely be adopted to the effect that such bond proposal is abandoned. Also attached are proceedings to authorize a pre -levy for General Obligation Bonds that will be issued after the budget filing deadline, also for adoption at the March 17, 2025 meeting. This resolution imposes a levy for the Fiscal Year beginning July 1, 2025 and ending June 30, 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 415 of 549 March 5, 2025 Page 2 2026 in the amount of $598,265. The amount should be included in the budget or in an amended budget. A copy of this Resolution must be filed with the Black Hawk County Auditor on or before April 14, 2025. However, to be included in the certified budget, the Resolution should be adopted and filed prior to certification of the budget. Additionally, this amount should be included in the anticipated property tax estimates required to be provided to the Department of Management so that the notice of proposed tax levies and revenues can be mailed to all taxpayers per Division X of HF 718. 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. In the event an appeal is filed, please let us know as soon as possible. Please send us executed scans of each of the proceedings, together with the County Auditor's Certificate. Please let me know if you have any questions. 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.) Noel Anderson, Planning and Zoning Director, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 11310.176 4930-5644-8283 Page 416 of 549 ITEMS TO INCLUDE ON AGENDA FOR THE COUNCIL MEETING ON MARCH 17, 2025 CITY OF WATERLOO, IOWA General Obligation Bonds, Series 2025 • Resolution authorizing the issuance and levying a tax for the payment thereof. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 417 of 549 March 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 418 of 549 Council Member introduced the following Resolution entitled "RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 2025, AND LEVYING A TAX FOR THE PAYMENT THEREOF", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 2025, AND LEVYING A TAX FOR THE PAYMENT THEREOF WHEREAS, the City of Waterloo, State of Iowa ("Issuer"), is a municipal corporation, organized and existing under the Constitution and laws of the State of Iowa, and is not affected by any special legislation; and WHEREAS, the Issuer is in need of funds to pay costs of 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 2 Page 419 of 549 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 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; 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 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 (the "Project"), and it is deemed necessary and advisable that General Obligation Bonds, in one or more series, be issued; and WHEREAS, the City Council has taken such acts as are necessary to authorize issuance of the Bonds. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. Authorization of the Issuance. General Obligation Bonds, Series 2025, in the amount of not to exceed $6,400,000 shall be issued pursuant to the provisions of Iowa Code Sections 384.25, 384.26 and 384.28 for the purposes covered by the hearing. Section 2. Levy of Annual Tax. For the purpose of providing funds to pay the principal and interest as required under Chapter 76.2, there is levied for each future year the following direct annual tax upon all the taxable property in the City of Waterloo, State of Iowa, to wit: -3 Page 420 of 549 FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION $598,265.00 2025/2026 $716,205.00 2026/2027 $711,017.50 2027/2028 $715,137.50 2028/2029 $718,160.00 2029/2030 $715,035.00 2030/2031 $581,000.00 2031/2032 $577,600.00 2032/2033 $578,600.00 2033/2034 $578,800.00 2034/2035 $578,200.00 2035/2036 $566,800.00 2036/2037 Principal and interest coming due at any time when the proceeds of the tax on hand are insufficient to pay the amount due shall be promptly paid when due from current funds available for that purpose and reimbursement must be made. Section 3. Amendment of Levy of Annual Tax. Based upon the terms of the future sale of the Bonds to be issued, this Council will file an amendment to this Resolution ("Amended Resolution") with the County Auditor. Section 4. Filing. A certified copy of this Resolution shall be filed with the County Auditor of County of Black Hawk, State of Iowa, who shall, pursuant to Iowa Code Section 76.2, levy, assess and collect the tax in the same manner as other taxes and, when collected, these taxes shall be used only for the purpose of paying principal and interest on the Bonds. PASSED AND APPROVED this 17th day of March, 2025. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 4 Page 421 of 549 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2025. (SEAL) Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 422 of 549 COUNTY AUDITOR'S CERTIFICATE I, , County Auditor of Black Hawk County, State of Iowa, hereby certify that on the day of , 2025 there was filed in my office the Resolution of the City Council of the City of Waterloo, State of Iowa, adopted on the 17th day of March, 2025, such Resolution levying a tax for the purpose of paying principal and interest on General Obligation Bonds, Series 2025, and authorizing the issuance of the Bonds. (COUNTY SEAL) County Auditor of Black Hawk County, State of Iowa 11310.176 4913-1397-6091 Page 423 of 549 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution approving construction plans for sanitary sewer serving the Dollar General Store at 4803 Sergeant Road, as submitted by Verland Engineering, LLC, Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION These construction plans have been reviewed by the Engineering Department. They appear to meet current design standards and specifications, therefore they are recommended for approval by the City Council. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 424 of 549 ATTACHMENTS 1. Dollar General_Public Works_021025 2. Agreement Page 425 of 549 r 100' 0' SCALE: 1 /NCH = 100 FEET 100' 200' ltE 7 4f 11 NN NN NN Ns Ns 1 \I NN PROPOSED SANITARY SEWER S PROPOSEDSTREET 9' n n PROPOSED DOLLAR GENERAL PROPOSED WATER MAIN EXTENSION FUTURE STREET CONNECTION PROPOSED STREET LL PU LICi E E TS F 4803 ,SERGE WA TE, ,' T, 0 0, I APPLICANT/DEVELOPER DGOGWATERLOO1A02142024 LLC 1906 EAST BATTLEFIELD ROAD SPRINGFIELD, MISSOURI 65804 417-256-4790 (VOICE) 417-256-5422 (FAX) ENGINEER OVERLAND ENGINEERING, LLC 1598 IMPERIAL CENTER, SUITE 2009 WEST PLAINS, MISSOURI 65775 417-256-8150 (VOICE) SHEET INDEX C7 - PROPOSED STREET PLAN & PROFILE C7.1- STREET SECTIONS C8 - SANITARY SEWER PLAN & PROFILE C8.1- SANITARY SEWER DETAILS QUANTITIES EMBANKMENT CURB & GUTTER 7" PCC 6" MODIFIED SUBBASE 8" MACADAM ON 4" MOD SUBBASE 6" SUBDRAIN 18" RCP STORM SEWER 18"F.E.S. SW-507 CURB INLET 4" CONCRETE SIDEWALK TYPE C OBJECT MARKER SEED & MULCH PRECAST MANHOLES 8" PVC SANITARY SEWER - TRUSS PIPE 3,050 C. Y. 531 L.F. 1,171 S.Y. 1,494 S.Y. 240S.Y. 630 L.F. 60 L.F. 2 EA. 2 EA. 1,270 S.F. 2 EA. 3,500 S.F. 2 EA. 315.5L.F. IOWA. ONE CALLSM 1-800-292-8989 www.iowaonecall.com UTILITY DISCLAIMER .,,ow wi, .I below. Call uetore vau Ai!_ EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE TO OR DISCOVERED BY THE ENGINEER IN THE PREPARATION OF THE DRAWINGS. THERE IS NO GUARANTEE AS TO THE ACCURACY OR THE COMPLETENESS OF SUCH INFORMATION AND ALL RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED NT ROAD WA 507/1 LEGEND O = 5/8 Inch X 16 Inch iron stake monument (capped SJT 22705)-Placed • = Iron stake monument -Found R = Recorded Dimension M = Measured Distance S = Sanitary Sewer ST = Storm Sewer UE = Underground Electric X = Chain Link Fence ❑T = Telephone Pedestal OO = Edge of drain outlet = Power Pole = Water Main Valve = Culvert CO® —1272- 1271 .23 RM 1270.89 FL1262.34 = Catch Basin = Manholes = Elevation Contour Line = Spot Elevation = Rim Elevation = FlowLine Elevation = Concrete Surface = Bituminous Surface = Gravel Surface BENCHMARK Railroad spike set 1' up on the south side of power pole located adjacent to the a found 3/4" pipe of the existing Parcel. Elevation = 869.12 BASIS OF BEARING SYSTEM All bearings are based upon the NAD 83 SPCS IA SPCS N. GENERAL NOTES 1. THE CONSTRUCTION COVERED BY THESE PLANS SHALL CONFORM TO ALL CURRENT APPLICABLE STANDARDS AND SPECIFICATIONS OF SUDAS, UNLESS OTHERWISE NOTED. 2. ALL WORKMANSHIP AND MATERIALS SHALL BE SUBJECT TO THE INSPECTION AND APPROVAL OF THE CITY OF WATERLOO, IOWA. 3. PRIOR TO COMMENCEMENT OF WORK, THE CONTRACTOR SHALL NOTIFY ALL THOSE COMPANIES WHICH HAVE FACILITIES IN THE NEAR VICINITY OF THE CONSTRUCTION TO BE PERFORMED. 4. THE CONTRACTOR MAY UTILIZE THE FOLLOWING TOLL FREE PHONE NUMBER PROVIDED BY ONE CALL SYSTEM, INC.: 1-(800)-292-8989. THIS PHONE NUMBER IS APPLICABLE ANYWHERE WITHIN THE STATE OF IOWA. 5. ALL DAMAGE TO EXISTING UTILITIES SHALL BE REPAIRED BY AND AT THE EXPENSE OF THE CONTRACTOR. 6. THE CONTRACTOR SHALL UNDER NO CIRCUMSTANCES CLEAR OR DAMAGE ANY TREES OUTSIDE THE CLEARING LIMIT LINE SET BY THE CITY WITHOUT THE WRITTEN PERMISSION OF THE CITY ENGINEER OR PROPERTY OWNER. 7. CLEARING AND GRUBBING OPERATIONS AND DISPOSAL OF ALL DEBRIS THEREFROM SHALL BE PERFORMED BY THE CONTRACTOR IN STRICT ACCORDANCE WITH ALL LOCAL CODES AND ORDINANCES. 8. THE CONTRACTOR SHALL KEEP THE STREETS CLEAN OF MUD AND DEBRIS. 9. THE CONTRACTOR SHALL PLACE MIN. 6" TOPSOIL AND SEED & MULCH ALL DISTURBED AREAS AT THE DIRECTION OF THE CITY ENGINEER. SEAL: I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF IOWA. (SIGNATURE) (DATE) RUSSELL W. DOSS LICENSE NO. 20087 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2025 PAGES OR SHEETS COVERED BY THIS SEAL: C7 TO C8.1 J >- m DESCRIPTION w 0 0 z ,.``��� Essl 1' ,• . ,:... Ori. 0087 rn • z 0 0 SHEET CVR Page 426 of 549 STA 0+35, 21.0' LT SUDAS STANDARD INLET SW-507 RIM = 872.16 INV = 866.18 0+00 STA 0+8.65 BEGIN STREET USHIGHWAY 63 N cq co co 880 co co 875 870 865 0+00 RIPRAP EROSION PROTECTION PER SUDAS STANDARD 9040.110 EXTEND EXISTING 18" RCP ±15 L.F. WITH APRON PER STANDARD PLAN DR-201, MATCH EXISTING SLOPE Co SUDAS STANDARD INLET SW-507 RIM=872.16 INV = 866.39 EXTEND EXISTING 18" RCP ±15 L.F. WITH APRON PER STANDARD PLAN DR-201, MATCH EXISTING SLOPE N SANITARY SEWER 6)- EXTENSION, SEE F\-_-\ SHEET C8. \c ..., BUIL DING - - — — SEE TYPICAL ROAD SECTION ON SHEET C7.1 8' GRADING EASEMENT WATER MAIN EXTENSION, SEE SHEET C9 60' R/W 0 1- CO TEMPORARY TURNAROUND AREA, 8" MACADAM STONE ON 4" MODIFIED SUBBASE. TYPE C, 18"x18" 0M4-1 OBJECT MARKER SIGNS LEGEND O = 5/8 Inch X 16 Inch iron stake monument (capped SJT 22705)-Placed • = Iron stake monument -Found R = Recorded Dimension M = Measured Distance S = Sanitary Sewer ST = Storm Sewer UE = Underground Electric X = Chain Link Fence ❑T = Telephone Pedestal OO = Edge of drain outlet = Power Pole = Water Main Valve = Culvert ffiR Ow STOS —1272- 1271 .23 RM 1270.89 FL1262.34 LOW POINT ELEV = 872 LOW POINT STA = 0+35 PVI STA - 0+35 31 PVI ELEV = 872.18 A.D. = 2.00% K-25.00 u '1'. 50.00' VC oo � 00 Z n 7w wch _ � E_� -w II00W >oco• Wc6Urn N N + Q w w wLROPOSEDGRADE +I III + L0 O II u) W -0.86V a o w w w +1.00% \00% HIGH POINT ELEV = 873.46 HIGH POINT STA=1+90 TURNAROUND 8" MACADAM _ AREA ---� _ _ _ 0.) U m cv �, N + ol` co c\i > o c° + N IIo� PVI STA = 1+86 PVI ELEV = 873.69 A.D.1.86%o \ \ \ + aw c~nw II H �w\ ww II o > Iw — — — K = 53.76 100.00'VC \ \ - _ \ \ - - - EXISTING GRADE 1+00 2+00 CHARM DRIVE - CENTERLINE PROFILE 1 "=20' HORIZ.; 1 "=2' VERT. 3+00 4+00 = Catch Basin = Manholes = Elevation Contour Line = Spot Elevation = Rim Elevation = FlowLine Elevation = Concrete Surface = Bituminous Surface = Gravel Surface BENCHMARK Railroad spike set 1' up on the south side of power pole located adjacent to the a found 3/4" pipe of the existing Parcel. Elevation = 869.12 BASIS OF BEARING SYSTEM All bearings are based upon the NAD 83 SPCS IA SPCS N. IOWA. ONE CALLSM 1-800-292-8989 www.iowaonecall.com Huaw wi�:,rs below. Call 4etore you UTILITY DISCLAIMER EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE TO OR DISCOVERED BY THE ENGINEER IN THE PREPARATION OF THE DRAWINGS. THERE IS NO GUARANTEE AS TO THE ACCURACY OR THE COMPLETENESS OF SUCH INFORMATION AND ALL RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED J >- m DESCRIPTION w 0 6 z a_06 0 O Q 0 w� w I- � w 00 w (nw O ' CL M O o 0 SHEET C7 J Page 427 of 549 60' R.O.W. w z_ J TYPE I TRM ON SLOPES, TYP. 875 874 873 872 871 870 869 868 867 866 865 875 874 873 872 871 870 869 868 867 866 865 11 3 5' MIN. 39' & 31' (SEE PLAN) 4.0% 20% UNWPramiam.- wogs •dJ Isp 7" - CLASS C-4 PCC CONCRETE CURB AND GUTTER 2.0% 6" MODIFIED SUBBASE ROADWAY TYPICAL SECTION NOT TO SCALE 44. 144- 1 50 25 0 1+00 25 50 50 25 0 0+50 25 50 875 874 873 872 871 870 869 868 867 866 865 875 874 873 872 871 870 869 868 867 866 865 4.0 % 5' 1 3 4" CONCRETE SIDEWALK PER SUDAS AND ADA REQUIREMENTS 6" SUBDRAIN, PER SUDAS DETAIL 4040.231 (TYPE I, CASE B) CONNECT TO CURB INLET, TYP. 9rf sa/fir. 1 50 25 0 2+00 25 50 50 25 0 1+50 25 ROADWAY CROSS SECTIONS SCALE: HORIZ 1" = 20' / VERT 1" = 4' 50 875 874 873 872 871 870 869 868 867 866 865 875 874 873 872 871 870 869 868 867 866 865 50 25 0 3+00 25 50 50 25 0 2+50 25 50 J 0 0 0 ce w n E � O0 Z oa ,5 wN 0 w co co o co DESCRIPTION w 0 d z CCw w z lElE o CL LS, PROPOSED STREET SECTIONS 4803 SERGEANT ROAD SHEET C7.1 Page 428 of 549 US HIGHWAY 63 Il h h N ocp it BUILDING I / i i• 1 c'1•f os1 / i �� I STUB 12.5 L.F., 8" I ;• 1 y� � � CAPSEWE ND AND MA �� 8 GRADING EASEMENT , O• fir WITH TREATED 2) . �I ii'.�� :+ /� rip \\\ _ F�'��, ��.• - i! ice' •. \ � •� �' STA 3+19.51 �ZR— �;,•j W W W o W W W ''. . W 4 ID PRECAST M, ���0 •�i• • _ \ 8 \ STA 0+00.00 f �i•00 , ?� j'�� ,• ���' RIM = 872.10 INV IN = 860.25 \ \///SEWERPIPE@040%SLOPE \ \ ' N \ 4 ID PRECAST MANHOLE 315.5 L.F., 8" PVC TRUSS INV IN = 958.79 INV OUT= 857.92 �i�'��';1`����'•�`�� �� •r- > �. _ i•'rC •- . ara��IV •��w") tiNtat ��y�� re •• �• r •. ►. - �••° joet 40.,,,---,a,- •. 10� '' .l�;•lf0:4". 40°' et4SZ t4Or ..•! 0 '. 1 .oft. ' .•a .tom INV OUT = 860.05 PROPOSED STREET lin��•" V iet,•• ir•. � .. • '•••••r wo. -top t• / 'I e, / - ' - / / / 66. 872 / / x, Fes, / / 871 /❑ / / 870 \ / o 1 / l ••A..' 00 a / c .••••. N N I��Co- Loy n co coco N.co/ / I I a~o / / ❑ EXISTING 21" / SANITARY SEWER iii iii 875 STA 0+00.00 4' ID PRECAST MANHOLE RIM =872.16 STA 3+19.51 INV = 8.79 4' ID PRECAST MANHOLE O = INV OUT=857.92 RIM = 872.10 INV IN=860.25 FINISHED GRADE INV OUT =860.05 1 CHARM DRIVE CL --- 870 --- EXISTING GRADE 865 12.5 L.F. TRUSS 8" PVC PIPE @ 0.40% END AND MARK (CAP LOCATION WITH TREATED 2X4) 860 0.40/0 o\ir TRUSS PIPE @ 8„ 3.15.5 L.F. 1 INV. EL = 860.05 INV. EL = 860.25 EXIST INV EL = ±857.92 0 a a 0+00 1+00 2+00 SANITARY SEWER PROFILE 1 "=20' HORIZ.; 1 "=2' VERT. 3+00 • R S ST UXE ❑T 0 iTunii Ow STOS —1272- 1271.23 RM1270.89 FL1262.34 VC TRUSS 0% SLOPE RK LOCATION 4) NHOLE LEGEND 20' 0 = 5/8 Inch X 16 Inch iron stake monument (capped SJT 22705)-Placed = Iron stake monument -Found = Recorded Dimension = Measured Distance = Sanitary Sewer = Storm Sewer = Underground Electric = Chain Link Fence = Telephone Pedestal = Edge of drain outlet = Power Pole = Water Main Valve = Culvert = Catch Basin = Manholes = Elevation Contour Line = Spot Elevation = Rim Elevation = FlowLine Elevation = Concrete Surface = Bituminous Surface = Gravel Surface 0' 20' 40' SCALE: 1 /NCH = 20 FEET BENCHMARK Railroad spike set 1' up on the south side of power pole located adjacent to the a found 3/4" pipe of the existing Parcel. Elevation = 869.12 BASIS OF BEARING SYSTEM All bearings are based upon the NAD 83 SPCS IA SPCS N. IOWA 0NE CA1M 1-800-292-8989 www.iowaonecall.com Know vaI,ars below- Call6eioreveuAiJ- UTILITY DISCLAIMER EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE TO OR DISCOVERED BY THE ENGINEER IN THE PREPARATION OF THE DRAWINGS. THERE IS NO GUARANTEE AS TO THE ACCURACY OR THE COMPLETENESS OF SUCH INFORMATION AND ALL RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED SEAL: `` �,•\`0Es1 10 .�' �OF ..... Q Z :m /OOw: '' ill lllllll\\\ I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF IOWA. (w•�4S (SIGNATURE) S /3 707,9e/ (DATE) RUSSELL W. DOSS LICENSE NO. 20087 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2025 PAGES OR SHEETS COVERED BY THIS SEAL: C8 & C8.1 J 1 >- m DESCRIPTION w 0 0 z O JnN J�r 0 C� z w w z 0 z w 0 o$ < 00 wI Z w < (f) w • fl Q w Z C) aco u) SHEET C8 Page 429 of 549 1 EXTERNAL CHIMNEY SEAL Lowest Flowline I HO 1133HSI I0g0I09 Depth 12" min. —h 12" min. _f _f _f 27" dia. SW-601 Casting Manhole Diameter Concrete Fillet 8" min. TYPICAL SECTION Adjustment Rings Location Station Precast Top Joint Sealant (typ.) Precast Riser Sections Precast Base with Integral Riser Section Flexible Pipe Connection (typ.) — Class I Bedding Material PLAN If manhole depth exceeds 20 feet, install steps. Install infiltration barrier. For additional configurations, maintain a minimum of 12 inches of concrete between vertical edges of pipe openings. 12 inch minimum riser height above all pipe openings. When specified, provide an eccentric flat top In Lieu of eccentric cone section. Manhole Diameter (inches) Maximum Pipe Diameter O (inches) for 2 Pipes At 180 ° Separation At 90 ° Separation 48 24 18 60 36 24 72 42 30 84 48 36 96 60 42 FIGURE 6010,301 REVISIONS' IO'WADOT STANDARD ROAD PLAN REVISION 5 10-18-22 SW-301 SHEET 1 of 1 Added circle note 3 SUDAS DIRECTOR DESIGN METHODS ENGINEER • CIRCULAR SANITARY SEWER MANHOLE GENERAL NOTES 1. CONSTRUCTION SHALL CONFORM TO THE LATEST APPLICABLE DESIGN AND CONSTRUCTION STANDARDS OF THE CITY OF WATERLOO, AND THE CURRENT EDITION OF SUDAS DESIGN AND CONSTRUCTION SPECIFICATIONS, WHICHEVER TAKES PRECEDENCE. 2. THE CONTRACTOR SHALL BE RESPONSIBLE TO FIELD VERIFY THE LOCATION AND DEPTHS OF ALL EXISTING UTILITIES, BOTH UNDERGROUND AND OVERHEAD, AND SHALL BE RESPONSIBLE TO RECTIFY ANY DAMAGES TO SAID UTILITIES DUE TO HIS OPERATIONS. 3. THE CONTRACTOR SHALL BE RESPONSIBLE TO NOTIFY THE ENGINEER OF ANY DISCREPANCIES OR OBSTRUCTIONS OCCURRING WITH EXISTING UTILITIES. 4. IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THE CONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS OF THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY, AND NOT BE LIMITED TO NORMAL WORKING HOURS. 5. THE DUTY OF THE ENGINEER OR OWNER TO CONDUCT CONSTRUCTION REVIEW OF THE CONTRACTOR'S PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACY OF THE CONTRACTOR'S SAFETY MEASURES, IN OR NEAR THE CONSTRUCTION SITE. 6. ALL AREAS DISTURBED BY CONSTRUCTION, AND NOT INDICATED TO RECEIVE ANY OTHER FORM OF SURFACE TREATMENT SHALL BE DRESSED AND SEEDED TO LAWN CONDITIONS. 7, ALL ABANDONED SANITARY SEWER AND WATER LINES SHALL BE CAPPED IN ACCORDANCE WITH IOWA DEPARTMENT OF NATURAL RESOURCES REGULATIONS. 8. MAINTAIN 18" MIN. VERTICAL CLEARANCE BETWEEN WATER AND SEWER CROSSINGS AND 10' MIN. HORIZONTAL SEPARATION. 9. ALL SEWER MAINS SHALL BE 8" PVC TRUSS PIPE 0 0 E of o- Ct ao W cD w to M O W >- m DESCRIPTION w 0 O z ESSI ' 0.. = m= 0087 I.��� /OWA SHEET C8.1 � Page 430 of 549 Iowa Department of Natural Resources Wastewater Section Construction Permit Application Sewage Treatment Agreement INSTRUCTIONS This agreement must be executed for all projects where construction and sewage treatment will be provided by different parties; i.e., a private subdivision connecting to a municipal system. This agreement must be executed by the parties who are owners at the time the permit is issued, regardless of whether title to the proposed construction project will be transferred after completion of the project. This agreement is not necessary when a contract for sewage treatment already exists; i.e., service contracts between municipalities. However, the Department of Natural Resources must be informed in writing that the contractual agreement does exist. APPLICANT Owner: DGOGWaterlooia02142024, LLC ENGINEER Firm: Overland Engineering, LLC Address: 1906 E Battlefield Rd, Springfield MO 65804 Address: 1598 Imperial Center, Suite 2009, West Plains, MO Representative: Jacob Stauffer Project Officer: Russell Doss Phone Number: 417-256-4790 Phone Number: 417-256-8150 Project Identification: Waterloo Dollar General #30840 - Sanitary Sewer Extension Owner and System Receiving Wastes: City of Waterloo STP CERTIFICATION I am the authorized representative of the owner identified above and state that the proposed sanitary sewage facilities shall be constructed in accordance with the plans and specifications and all wastes contributed by this project shall be discharged to the treatment system identified above. Signature Title: Engineer Date 02/11/2025 AGREEMENT TO PROVIDE SEWAGE TREATMENT I am the authorized representative of the owner of the system identified above and state that the connection of the proposed sanitary sewage facilities identified above is approved by the owner, and that the owner accepts responsibility for providing adequate treatment of all wastes contributed by this project, in accordance with the provisions of Chapter 455B, Code of Iowa, and the rules of the Department of Natural Resources. This agreement shall not be construed in any way to affect any local ordinances, sewer service agreements, or fee systems entered into between the parties. Name: Quentin Hart Title: Mayor Signature Date Phone: 319-291-4301 9/2018 cmc DNR Fm02 i90T549 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Foth Infrastructure and Environment, LLC, in the amount of $260,378.00, in conjunction with the FY 2026 Katoski Drive and Huntington Road Reconstruction, Contract No. 1123, 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 432 of 549 1. Foth Infrastructure and Environment LLC Agreement for Services 031025 - City of Waterloo - Huntington Road and Katoski Drive Rec Page 433 of 549 Project Title (the "Project"): Huntington Road and Katoski Drive Reconstruction AGREEMENT FOR SERVICES FOTH Project Number: CLIENT Project Number: 0025W013.00 (If applicable) Contract #1123 This Agreement for Services (hereinafter "Agreement") is made and entered into this 17th day of March, 2025, by and between FOTH INFRASTRUCTURE & ENVIRONMENT, LLC, (hereinafter "Consultant") and City of Waterloo (hereinafter "Client"), for the services described under the Scope of Services (the "Services"). CLIENT: City of Waterloo Address: 715 Mulberry Street, Waterloo, Iowa 50023 Phone No: 319-291-4312 Email Address: Jamie.Knutson@waterloo-ia.org Scope of Services: See Exhibit A Schedule: See Exhibit B Client hereby agrees to retain Consultant to perform the following Services: Services shall be performed according to the following schedule: Compensation: In consideration of these Services, the Client agrees to pay Consultant compensation as follows: ❑ Lump -Sum in the amount of $ .00 ❑ Unit Cost/Time Charges (Standard Rates) ® Unit Cost/Time Charges (Standard Rates) for an estimated cost of $ 230,378.00 ❑ Other as stated here: Special Conditions (if any): The attached Agreement for Services Standard Terms and Conditions, along with any Exhibits, is made a part hereof and incorporated into this Agreement. IN WITNESS WHEREOF, this Agreement is accepted on the date last written below, subject to the terms and conditions above stated and the provisions set forth herein. CLIENT CONSULTANT Signed: Signed: Name (printed): Quentin M. Hart Name (printed): `d'on Resler, PE Title: Mayor Title: Lead Civil Engineer Date: Date: March 17, 2025 Signed: I� Name (printed): Dave Kapler, PE Title: Senior Vice President Date: March 17, 2025 Page 1 of 17 Rev. 03/31 /2021 Page 434 of 549 AGREEMENT FOR SERVICES STANDARD TERMS AND CONDITIONS 1.0 Commencement of Services - The Services will commence consistent with the schedule referenced herein or as otherwise agreed to by the parties, upon receipt of this signed Agreement. If after commencement of the Services, the Project is delayed for any reason beyond the control of Consultant for more than sixty (60) days, the terms and conditions contained herein are subject to revision by Consultant. 1.1 Standard of Care - The standard of care for any professional Services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no other warranties, express or implied, under this Agreement or otherwise, in connection with any Services performed or furnished by Consultant. Subject to the standard of care, Consultant and its sub -consultants may use and rely upon data, reports, design elements and information ordinarily or customarily furnished by others, including, but not limited to Client, Client's other contractors or consultants, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. Consultant shall not be required to sign any document, no matter by whom requested, that would result in the Consultant having to certify, guarantee, or warrant the existence of conditions whose existence the Consultant cannot ascertain. 2.0 Client Responsibilities - Client shall provide, at Client's expense, all criteria, design, and construction standards including full information as to Client's requirements for the Project, including all document specifications. The provision or production of such data or information is not included in the Services, except where explicitly referenced in the Scope of Services. As stated in Section 1.1, Consultant shall be entitled to rely upon such data and information in the performance of the Services and shall not be liable for any incorrect advice, judgment or decision based on any inaccurate information furnished by Client, Client's agents or Clients other consultants. Such data and information shall include but not be limited to the following: a. If not included in the Scope of Services, a complete survey of the Project site which shall include but not be limited to easements, right-of-way, encroachments, zoning and deed restrictions, subterranean structures or utilities, existing buildings and improvements. b. If not included in the Scope of Services, soils data, laboratory tests, reports and inspections of samples, materials or other items, with appropriate professional interpretations. c. Legal counseling services necessary for the Project including legal review of the construction contract documents. d. Accounting, bond and financial advisory (including, if applicable, "municipal advisor" services as described in Section 975 of the Dodd -Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, and insurance counseling services. e. If not included in the Scope of Services, permits and approvals from any authorities having jurisdiction over the Project. 2.1 Right of Entry - Client shall provide for entry for the employees, agents and subcontractors of Consultant and for all necessary equipment. 2.2 Client Authorized Representative - Client shall designate a person authorized to act as Client's representative. Client or his representative shall receive and examine documents submitted by Consultant and shall be empowered to interpret and define Client's policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of Consultant's Services. Client shall give prompt written notice to Consultant whenever Client observes or otherwise becomes aware of any defect in the Project, Services or other event which may substantially affect Consultant's performance of Services under this Agreement. 3.0 Fees and Payment 3.1 Invoice Payment Due - Client shall compensate Consultant for Services and expenses rendered under this Agreement. Consultant's fee for Services will be based on Consultant's rates currently in effect at the time the Services are done; lump sum or other schedules as identified under the Compensation section. Rates of Page 2 of 17 Rev. 03/31 /2021 Page 435 of 549 Consultant are subject to annual revision. Payment shall be due within thirty (30) days after the date of invoice describing the Services performed and expenses incurred during the preceding invoice period. 3.2 Failure to Pay. Client agrees that timely payment is a material term of this Agreement and that failure to make timely payment as agreed constitutes a breach hereof. In the event payment for Services rendered has not been made within thirty (30) days from the date of invoice, Consultant may, after giving seven (7) days' written notice to Client and without penalty or liability of any nature, and without waiving any claim against Client, suspend all work on all Services as set forth herein. Upon receipt of payment in full for Services rendered, plus interest charges, Consultant will continue with Services. Payment of all compensation due Consultant pursuant to this Agreement shall be a condition precedent to Client using any of Consultant's work product and/or deliverables under this Agreement. 3.3 Interest on Late Payments - In order to defray carrying charges resulting from delayed payments, simple interest at the maximum rate allowed by law will be added to the unpaid balance of each invoice. The interest period shall commence thirty (30) days after the date of the original invoice and shall terminate upon date of payment. Payments will be first credited to interest and then to principal. 4.0 Insurance/Limitation of Consultant's Liability - Consultant will maintain the following insurance coverages: a. Worker's compensation insurance pursuant to state law. b. Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, non -owned, or hired vehicles, with $1,000,000 combined single limits. c. Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of Consultant or of any of its employees, agents, or subcontractors, with $1,000,000 per occurrence and $2,000,000 in the aggregate. d. Professional liability insurance, if applicable, of $1,000,000 per claim and in the aggregate. 4.1 Liability Limits - Notwithstanding any provision in this Agreement to the contrary, Client and Consultant each agree not to assert against the other any claim, demand or suit for consequential, incidental, indirect or special damages arising from any aspect of the performance or nonperformance of the other party or any third -party engaged by such other party under this Agreement, and each party hereto waives any such claim, demand or suit against the other in connection with this Agreement. Notwithstanding any language to the contrary, the total aggregate liability of Consultant, its employees, officers, directors, shareholders, agents, or sub -consultants, to all parties related to this agreement shall not exceed the greater of: (1) $50,000.00, or (2) the amount of Consultant's fee for the Services on any individual work order issued under this Agreement that gives rise to a claim. 4.2 Waiver of Subrogation - Both parties hereby waive, and shall cause their respective insurers to waive, all rights of subrogation against the other party, their employees, officers, directors, shareholders, agents, or sub -consultants for damages caused by risks covered by insurance, except such rights as they may have to the proceeds of the insurance. 5.0 Indemnification - Consultant, to the fullest extent permitted by law, shall indemnify and hold harmless Client and any of Client officers, directors, employees and agents from and against claims, losses, damages, liabilities, including attorney's fees and expenses, for third -party claims of bodily injury, sickness or death, and property damage or destruction to the extent caused by the negligent acts or omissions of Consultant or Consultant's separate contractors or anyone for whose acts any of them may be liable, but only to the extent of the negligence. Nothing in this Section shall obligate Consultant to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. Notwithstanding the forgoing, Consultant has no obligation to defend or pay indemnitee defense costs incurred prior to a final determination of liability or to pay any amount that exceeds the proportionate share of Consultant's finally determined percentage of liability as determined by a court of competent jurisdiction. 6.0 Hazardous Materials - Client hereby understands and agrees that Consultant has not created nor contributed to the creation or existence of any types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution ("Hazardous Materials"), whether latent or Page 3 of 17 Rev. 03/31 /2021 Page 436 of 549 patent, at Client's premises, or in connection with or related to the Project with respect to which Consultant has been retained to provide Services. Therefore, to the fullest extent permitted by law, except for Hazardous Materials introduced onto the site by Consultant and not required or permitted in the performance of Consultant's Services, Client agrees to indemnify, and hold Consultant, its officers, directors, shareholders, employees, and Consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, consequential or otherwise, including, but not limited to, attorney fees and court costs, arising out of, or resulting from the discharge, escape or release, of Hazardous Materials. Nothing contained within this Agreement shall be construed or interpreted as requiring Consultant to assume the status of a generator, transporter, or owner or operator of a treatment, storage or disposal facility, as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 7.0 Design Without Construction Phase Services - Notwithstanding any provisions in this Agreement to the contrary, if this Project involves construction and Consultant is not retained to provide construction phase services including, but not limited to, observation, site visits, shop drawing review, and design clarifications, Client agrees that Consultant shall be responsible only for those construction phase services expressly required in Consultants Scope of Services. With the exception of such expressly required Services, Consultant shall have no design, shop drawing review, or other obligations during construction, and Client assumes all responsibility for construction phase services. Client waives all claims against the Consultant that may be connected in any way to construction phase services except for those Services that are expressly required in Consultants Scope of Services. 8.0 Documents- Ownership of Work Product and Proprietary Information - The deliverables prepared under this Agreement shall become the property of the Client only upon completion of the Services and payment in full of all monies due to Consultant. In the event Client reuses or makes any modifications to the deliverables without prior written authorization of Consultant, the Client agrees, to the fullest extent permitted by law, to indemnify and hold Consultant, its consultants, agents, officers, directors, shareholders and employees harmless from any claim, liability or cost (including reasonable attorneys' fees and defense costs) arising or allegedly arising out of any unauthorized reuse or modifications of Consultant's Services, work product, and/or deliverables by the Client or any person or entity that acquires or obtains the such work product and/or deliverables from or through the Client without the written authorization of Consultant. Notwithstanding the foregoing Consultant's liability to Client for any computer programs, software products, or related data furnished hereunder is limited solely to the correction of residual errors, minor maintenance, or update(s) as agreed. CONSULTANT MAKES NO WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, or against infringement, with respect to computer programs, software products, related data, technical information, or technical assistance provided by Consultant under this agreement. The Consultant will take reasonable precautions to prevent the transmission of any electronic virus, or other contamination with the exchange of electronic media, but Consultant makes no assurances that those precautions are adequate to assure a contamination free transmission. Consultant retains title and interest in all of its standard details, plans, specifications, methodologies, tools, and computation documents, whether in written or electronic form, which have been incorporated into the documents and instruments of service, but which were developed by Consultant independent of this Agreement. 9.0 Injury to Workers on Project Consultant has no responsibility for site safety or for the means and methods employed by Client's construction contractor(s). Client agrees that Consultant will be named as an additional insured on construction contractor's insurance policy for Commercial General Liability and Builders All Risk Liability, and Client agrees to insert into all contracts for construction between Client and construction contractor(s) arising out of these Services a provision requiring the construction contractor(s) to defend, indemnify, and hold harmless both Client and Consultant from any and all actions arising out of the construction Project, including, but not limited to, injury to or death of any worker on the job site, not caused by the sole negligence of Client or Consultant,. Client will be responsible for any damages caused by Client's failure to comply with the above requirements. 10.0 Probable Construction Costs Opinions - Any opinion of the construction cost prepared by Consultant represents his judgment and is supplied for the general guidance of the Client. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee that bids or actual construction costs to the Client will not vary from Consultant's opinions of probable Page 4 of 17 Rev. 03/31 /2021 Page 437 of 549 cost. If the Client desires greater assurance as to construction costs, Client shall employ an independent cost estimator. 11.0 Site Visits - Visits to the construction site and observations made by Consultant as part of Services during construction under this Agreement shall not make Consultant responsible for the obligation to conduct, comprehensive monitoring of the work of the contractor(s) sufficient to ensure conformance with the intent of the construction contract documents, and shall not make Consultant responsible for, nor relieve the construction contractor(s) of the full responsibility for, constructions means, methods, techniques, sequences, and procedures necessary for coordinating and completing portions of the contractor(s) work under the construction contract documents, and for all safety precautions incidental thereto. Such visits by Consultant are not to be construed as part of the observation duties of the on -site observation personnel defined below. 12.0 On -Site Observation - When Consultant provides on -site observation personnel as part of Services during construction under this Agreement, the on -site observation personnel will make reasonable efforts to advise Client of observed defects and deficiencies in the work of the contractor(s), and to help determine if the provisions of the construction contract documents are being fulfilled. Consultant shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of any construction work and Consultant's obligations are limited to becoming generally familiar with the progress of the construction. Consultant's observation will not cause Consultant to be responsible for those duties and responsibilities which belong to the construction contractor(s), including, but not limited to, full responsibility for the means, methods, techniques, sequences, and progress of construction, and the safety precautions incidental thereto, and for performing the construction work in accordance with the construction contract documents. 13.0 Termination or Abandonment - If any portion of the Services or Project is terminated or abandoned by Client, the provisions of these Terms and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the work not terminated or abandoned. If said termination occurs prior to completion of any phase of the Project, the fee for Services performed during such phase shall be based on Consultant's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse Consultant for termination costs. This Agreement may be terminated by either party if the other party fails to fulfill its obligations under this Agreement through no fault of the terminating party. No such termination may be effected unless the other party is given not less than ten calendar days written notice of intent to terminate and an opportunity for correcting the default (plus such additional time as is reasonably necessary to correct the default, other than any payment default) and for consultation with the terminating party before termination. Consultant shall be paid for Services performed to the termination date including reimbursable expenses due plus termination expenses. 14.0 Jurisdiction - This Agreement shall be governed by the laws of the State of the Project. 15.0 Dispute Resolution - The parties will use good faith efforts to resolve any dispute, controversy or claim arising out of or relating to this Agreement or the relationship between the parties (a "Dispute") through negotiation. To invoke the dispute resolution procedures in this section, one party must give the other party a written notice of its intent to negotiate. The notice will include a detailed description of the Dispute and a proposed resolution. Within five (5) business days after delivery of the notice, each party will designate a senior executive with authority to resolve the Dispute. The designated executives will engage in discussions in an effort to resolve the Dispute. If the designated executives do not agree on a resolution within twenty (20) days after the dispute notice has been delivered, the parties may agree to submit the Dispute to non -binding mediation by any mutually agreed -upon mediator, rules and location. Any mediation fees and expenses will be allocated and paid by the parties equally. If the parties do not reach a resolution through negotiation or mediation, either party may pursue all remedies available under this Agreement, at law or in equity in a court of competent jurisdiction. Each party hereby irrevocably waives its rights to trial by jury in any Dispute or proceeding arising out of this agreement or the transactions relating to its subject matter. 16.0 Waiver - Consultant's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. Page 5 of 17 Rev. 03/31 /2021 Page 438 of 549 17.0 Successors and Assigns - All of the terms, conditions, and provisions hereof shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 18.0 Severability - If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 19.0 Force Majeure - Neither party to this Agreement will be liable to the other party for delays in performing the Services, or for the direct or indirect cost resulting from such delays, that may result from a Force Majeure condition. Each party will take reasonable steps to mitigate the impact of any force majeure. If Consultant is delayed in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Consultant is responsible, the Contract Time(s) for performance as well as the Contract Price shall be reasonably extended by Change Order. By way of example, events that will entitle Consultant to an extension of the Contract Time(s) include acts or omissions of Client or anyone under Client's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, wars, floods, labor disputes, unusual delay in transportation, epidemics, earthquakes, adverse weather conditions not reasonably anticipated, and other acts of God (Force Majeure Condition). For clarity purposes, labor shortages or supply chain disruptions resultant from epidemic or pandemic events are specifically to be considered grounds constituting a Force Majeure Condition. Labor shortages and inefficiencies, delays, escalation, or cost impacts resulting from labor shortages or supply chain disruptions associated with such an event shall be considered grounds for a Force Majeure Condition event and shall afford Consultant the opportunity for schedule and cost relief associated with such an event. 20.0 Entire Agreement - This Agreement, and its attachments, constitutes the entire understanding between Client and Consultant relating to Services to be provided by Consultant and, excepting only confidentiality agreements between the parties pertaining to the Project, supersede any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein. Subsequent modifications or amendments to this Agreement must be in writing and signed by the parties to this Agreement. The foregoing notwithstanding, if the Client, its officers, agents, or employees request Consultant to perform extra work or Services pursuant to this Agreement, Client will pay for the additional Services even though an additional written Agreement is not issued or signed. The obligations of Consultant under this Agreement shall survive in accordance with applicable State statutes. Page 6 of 17 Rev. 03/31 /2021 Page 439 of 549 Exhibit A Scope of Services The work to be performed by the Consultant under this agreement shall encompass and include detailed work, services, materials, equipment and supplies necessary to complete analysis and design for the project. The Consultant shall complete the scope of services in accordance with generally accepted standards of practice and shall include all work necessary to complete the tasks outlined in this Agreement. Project Background The project consists of the functional design for the reconstruction of Huntington Road from the Waterloo / Cedar Falls city limits to just east of Katoski Drive, approximately 2,900 linear feet. The project also includes the functional design of Katoski Drive from 800 linear feet south of Huntington Road to Greenhill Road, approximately 3,700 linear feet. Services include design surveys, project coordination activities, traffic engineering services, hydraulic analysis, functional culvert and storm sewer design, and functional roadway design, as further detailed within this scope of services. Preliminary design, final design services, bidding services, and construction services are not included within this agreement, but may be added via addendum or additional agreements between the City and Consultant. Reconstruction of Huntington Road and Katoski Drive is planned to begin construction in 2026, with construction completion prior to August 1, 2028, in advance of the 2028 school season. Completion of functional design (this agreement) is scheduled for June of 2025 to allow bidding of the project in December of 2025. BASIC SERVICES OF THE CONSULTANT The Consultant shall communicate on a regular basis with the City to clarify and define the City's requirements for the Project and review available data. The City agrees to furnish to the Consultant all information available with respect to the City's requirements, including any special or extraordinary considerations for the Project or special services needed, and to make available pertinent existing data. The Consultant shall provide the following basic services regarding the Project. A. Project Coordination The Consultant will complete the following project coordination tasks. 1. Design Development Coordination Maintain communications with the City to review progress and discuss specific elements of the project design and receive direction from the City. The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various entities, improve the decision -making process, and expedite design development. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, the Consultant will attend three (3) meetings that will be attended by three (3) staff members of the Consultant. An in -person meeting is planned for the Project Kickoff with the other meeting being virtual. The following meetings are included with the scope of work: • Design Criteria/Project Kickoff — One (1) meeting • Functional Design Phase — One (1) meeting • School District/Bishop Engineering — One (1) meeting There is one (1) additional meeting included for miscellaneous purposes, and it is understood by the parties that the Consultant will attend additional meetings as needed to complete the Project. The Consultant will also maintain communications with the City with scheduled virtual meetings. Page 7 of 17 Rev. 03/31 /2021 Page 440 of 549 2. Public Information Meetings Conduct one (1) project information meeting that will be attended by three (3) staff members of the Consultant. The purpose of the meeting will be to provide a brief overview of the proposed improvements to the surrounding neighborhoods and a discussion of the reconstruction plan, as well as gather information on the concerns, priorities, and specific issues of the adjacent property owners and other affected parties. This task includes preparation of the display materials and handout information for the meeting. Reserving the meeting facility and the mailing of a public notification will be completed by the City. 3. Design Utility Coordination Meetings Conduct one (1) utility coordination meeting with representatives of each utility company. The meeting will be to advise the utility of the nature and extent of the proposed improvements, solicit mapping, and collect input from the utility to develop an understanding of the order of magnitude and limitations of their facilities located within the project corridor. 4. Meetings with Local Elected Officials Conduct one (1) project information meeting that will be attended by three (3) staff members of the Consultant. The purpose of the meeting will be to provide a brief overview of the proposed improvements for the Mayor and City Council and a discussion of the reconstruction plan, as well as gather information on the concerns, priorities, and specific issues of the Mayor and City Council. This task includes preparation of the display materials and handout information for the meeting. Reserving the meeting facility and placement on the Council Agenda will be completed by the City. 5. Property Impact Display Prepare a property acquisitions display strip map which will consist of aerial imagery and show the proposed roadway design elements, driveway access, site modifications, in addition to existing right-of-way lines, proposed fee title right-of-way needs, and permanent/temporary easement needs. The display will be labeled with key parcel information and reference individual easement square footage areas. The display will be used for initial right-of-way discussions and verification in advance of the preparation of parcel impact diagrams and acquisition plats. 6. Quality Control Involve ongoing quality control input from the Project Team and the Consultant's design engineer's senior technical staff throughout the development of functional design. The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submitting the functional plan set to the City. Review the functional engineering plan set for technical accuracy, as well as for general constructability and conformance with the project design criteria. 7 Project Management (Thirteen (13) weeks, March 17, 2025 — June 16, 2025) The project manager for the Consultant will be responsible for communicating and coordinating with the City, biweekly progress reporting, minutes of meetings, interoffice memoranda, and monthly invoicing. This task also includes scheduling of staff, coordinating with Sub -Consultants, review of progress, and senior review of deliverables. Page 8 of 17 Rev. 03/31 /2021 Page 441 of 549 B. Design Surveys and Mapping The Consultant shall perform field and office tasks required to collect additional topographic information deemed necessary to complete the Project. The specific supplemental survey tasks to be performed include the following: 1. Control Survey Establish horizontal and vertical control for the Project area. Each permanent control point or benchmark will have horizontal coordinates or elevation, recovery information and monument description. Accurate descriptions of the horizontal control points and benchmarks will be created and recorded on the plan sheets. The City shall supply information on any datums, benchmarks, or control points they want to see utilized in design and plans. Vertical datum for this survey is relative to NAVD88, computed using Geoid 18. Horizontal datum is NAD83. Mobile LiDAR control shall be based on base/rover GNSS survey system to establish coordinates on target points identified to be utilized for the mobile LiDAR system. Each photo control point will be observed twice separated by a 3 to 4-hour window to allow different satellite geometry to verify coordinate accuracy. 2. Topographic Survey The Consultant shall perform topographic surveys required for the development of the Project. Horizontal and vertical accuracies shall be adequate to produce a map that is compatible with the topographic data for incorporation into the digital terrain model. a. Mobile LiDAR Utilizing the Riegl VMX-2HA system, mounted on a standard pickup truck, will make multiple passes along each corridor in each direction acquiring LiDAR data and digital imagery within the limits described below. A rolling traffic block shall be implemented during data collection, this approach will help limit "traffic noise" in the scan data, which will block the scanners line -of -sight of the full roadway prism and potentially critical design features. The speed of the mobile LiDAR vehicle, and rolling traffic break, is typically just below the posted speed limit, resulting in minimal disruption to normal traffic flow. The consultant will coordinate rolling traffic blocks with the City. b. Traditional Field Survey This task includes field survey to supplement the Mobile LiDAR Survey as necessary for the project design. The task will include surveying features not included in the Photogrammetric/LiDAR Survey Task. Horizontal and vertical accuracies shall be adequate to produce a map that is compatible with the photogrammetric data for incorporation in the digital terrain model, as necessary. 3. Utility Survey Utilize the Iowa One -Call Design Request System to identify utility owners of record, obtain existing utility mapping information, and request that buried utilities be marked in the field. Field survey marked utilities, incorporate into project base map, and document utility name and contact information on the utility legend. Establish coordinates and elevations (if possible) for utilities that fall within the limits of the project and are visible or have been marked on the ground by the utility owner. Utilities will be collected according to ASCE SUE quality levels (Level B-D) and will be shown and described on the plans. Anticipated utilities to be surveyed include phone, gas, fiber optic, water main, overhead/underground electrical (including power poles, pedestals, valves, and manholes), sanitary sewer, and storm sewer. This includes establishing manhole and intake elevations for existing sanitary sewers, storm sewers, and roadway culverts. Page 9 of 17 Rev. 03/31 /2021 Page 442 of 549 4. Property Ownership and Research Research City and County records including right-of-way strip maps, subdivision plats, section corner ties, and surveys, locate existing boundary corner monuments, establish property lines, right-of-way lines, section lines, and easements, determine ownership of the properties affected by the project. Prepare a drawing with property lines, right-of-way lines, section lines, and easements within the project area as shown on the existing plats and other documents of record along with the land corner monuments and boundary corner monuments located in field. Review property ownership information from public records and add property owner names to the project mapping for public display and plan preparation purposes. 5. Right -of -Way Survey Perform right-of-way surveys required for the development of the project. The right-of-way surveys shall be in-depth legal surveys for which parcel impact diagrams and acquisition plats are to be developed. This task includes a thorough search of City, County, and State records to review all surveys of record pertaining to the survey corridor, including County Auditor's Subdivisions Plats, original government surveys, early surveys made by County Surveyors, all irregular land survey and road establishment records. Copies of such records are to be included in the project file for future reference. This task also includes obtaining sufficient field data to locate or establish property lines affected by the project to enable the preparation of the improvement plans. This includes locating section corners, property pins, and visible lines of occupation such as fences, field divisions, or any other lines, indicating possession. A diligent effort will be made to recover existing land corner monuments necessary to describe the right-of-way along the project corridor. 6. Project Base Map Incorporate field surveys into an electronic base map to be used for the design of the project. Incorporate property lines, right-of-way lines, easement lines, and property ownership for parcels located within the project limits into the base map. The base mapping will identify the owners and boundaries of all appropriate parcels within the survey limits. For budgetary purposes, it is assumed that fifty-four (54) parcels fall within the project limits. C. Traffic Engineering Services The Consultant shall review the Traffic Impact Study completed for the Waterloo Community School District by HRG. The Consultant will use the results of the Traffic Impact Study to finalize typical sections and intersection control as well as lane configurations for the traffic signals and roundabouts at the Katoski Drive intersections with Greenhill Road, Downing Avenue, proposed school entrance, and Huntington Road. 1. Traffic Project Coordination The project discipline lead will be responsible for task identification, staff scheduling and coordination, traffic project communications, and other important elements of the project. 2. Traffic Data Collection Twenty-four hour turning movement counts will be collected at Katoski Drive and Greenhill Road to analyze roundabout concepts at the intersection. An ADT count will be collected along Katoski Drive near Downing Avenue for the purposes of verifying traffic data from the Waterloo Community School District Traffic Impact Study. Page 10 of 17 Rev. 03/31 /2021 Page 443 of 549 3. Traffic Review Meetings Maintain communications with the project development team and various other designated representatives. The project development team will include the City of Waterloo Engineering and Traffic Operations staff and the project Consultant. The meetings will serve to establish schedules, promote a dialog between the various entities, improve the decision -making process, and expedite recommendation development. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, it is assumed two (2) meetings will be attended virtually by two (2) staff members of the Consultant. 4. Traffic Model Development & Analysis The traffic model development and analysis shall incorporate, at a minimum, traffic engineering principles and standards as presented in SUDAS, City standards, and national practices. The traffic counts and forecasts will be taken from the Waterloo Community School District Traffic Impact Study with supplemental turning movement count information taken at Katoski Drive and Greenhill Road and ADT counts taken on Katoski Drive near Downing Avenue. a. Model Development The Consultant will develop a base traffic model of the Katoski Drive corridor for the AM and School PM peak hours with data from the Waterloo Community School District Traffic Impact Study and supplemental traffic counts. Additional models will be created from the base model for future operations. The Highway Capacity Manual 7th Edition (HCM7) principles will be used to evaluate intersection capacities. The four intersections along Katoski Drive will be used to develop the model. • Katoski Drive and Greenhill Road • Katoski Drive and Downing Avenue • Katoski Drive and the proposed school entrance • Katoski Drive and Huntington Road b. Trip Generation and Distribution — Year 2028 and 2050 The Consultant will utilize the trip generation and distribution data from the Waterloo Community School District Traffic Impact Study. The study report and appendices do not include the future total traffic volume routed through the Katoski Drive and Greenhill Road intersection, but the actual model should contain this information, and the Consultant will request the files from the school district and/or HRG with assistance from the City if needed. The traditional PM peak hour will also be evaluated for the Katoski Drive at Greenhill Road intersection, which will require estimating trips generated by the proposed high school for this time period. This will be accomplished using the ITE Trip Generation Manual, latest edition and information from the school district traffic study. c. Traffic Operational Analysis — Year 2028 & 2050 The Consultant will perform an operational analysis and modeling of the Katoski Drive corridor for the typical weekday AM and school PM peak hours, with the traditional PM peak hour also being analyzed for the Greenhill Road intersection. The modeling will be conducted to verify and confirm the necessary traffic control and geometry for each of the four intersections. Roundabout analysis is included at the following intersections: • Katoski Drive and Greenhill Road • Katoski Drive and Proposed School Entrance • Katoski Drive and Huntington Road Page 11 of 17 Rev. 03/31 /2021 Page 444 of 549 Performance measures assessing the operation of the system will include delay, volume to capacity ratio, operations of adjacent intersections, maximum queue/storage lengths and control delay. Recommendations on intersection and roundabout geometrics, queue storage lengths, signal phasing/timing and other improvements will be made as required to provide acceptable service levels for major movements and the overall intersections. d. Turn Lane Warrant Analysis National Cooperative Highway Research Program (NCHRP) Report 745 (arterial streets) and 457 (collector and local streets and right turn lanes) will be used to evaluate turn lane warrants. 5. Traffic Technical Memorandum The Consultant shall prepare a traffic memorandum with draft recommendations from all above tasks. The Consultant will identify proposed improvements or other techniques/treatments that will mitigate significant changes in operations and safety to meet the City's performance requirements. The results of the roundabout analysis at the Katoski Drive intersections of Greenhill Road and the proposed school entrance will be explained and recommendations made. The memo will also verify the intersection control and lane configurations used at each of the intersections along Katoski Drive and Huntington Road within the project limits. Any deviations from the Waterloo Community School District Traffic Impact Study will be noted and explained. D. Functional Design (30% Complete) Complete functional design for the proposed improvements. The functional design of Katoski Drive will include three concepts. Two concepts will include a two-lane urban section with turn lanes but one will include a median separating head -to -head traffic and one will not include a median. The third concept will include a transition from a four -lane section at the existing Greenhill Road intersection to a two-lane section with turn lanes for the remainder of Katoski Drive. The three Katoski Drive concepts will include designs for connecting to the existing geometry and traffic signals at Greenhill Road and Downing Avenue. The Katoski Drive and Greenhill Road intersection will include one roundabout concept that will place the roundabout to minimize property impacts. A second roundabout concept will be developed for the intersection of Katoski Drive and the proposed school entrance. The third and final roundabout concept will also be developed at the intersection of Katoski Drive and Huntington Road. The two- lane Katoski Drive concepts will include designs for connecting to all three roundabout concepts. The four -lane Katoski Drive concept will not be incorporated into the Greenhill Road roundabout concept as it is intended as a possible lower cost solution that utilizes the existing traffic signal at Greenhill Road. The primary focus will be on developing roadway geometrics for the various concepts, identifying existing and proposed utility locations, identifying existing and proposed right-of-way needs, and developing a general staging concept to construct the improvements. Additional focus will be on performing a hydraulic analysis on the two culverts under Huntington Road and Ingersoll Road and completing a functional design of the Huntington Road culvert, completing a drainage analysis of the roadway concepts to determine the feasibility of replacing the ditches along Katoski Drive and Huntington Road with trunk sewer, and developing cost estimates for each of the concepts that will allow the City to select the concept to move forward with to final design. 1. Develop Design Criteria The Consultant will summarize and submit to the City the design criteria used to develop the project. Criteria will conform to the City, SUDAS, and AASHTO design standards. The criteria to be addressed include: Page 12 of 17 Rev. 03/31 /2021 Page 445 of 549 • Functional classification and design type. • Design speed and regulatory speed. • Design vehicles for intersection design. • Widths of travel lanes, parking areas and right-of-way. • Preferred and acceptable clear zone requirements. • Provisions for pedestrian and bicycle facilities. • Street lighting requirements. • Utility corridor locations. Prepare a brief technical memorandum documenting the proposed criteria. The memorandum will be reviewed and approved by the City. 2. Develop Typical Sections Develop typical sections for the mainline street improvements in consultation with the City. Typical sections will include lane widths, curb section/type, sidewalk/trail widths, right-of- way widths, pavement types, clear zones. The pavement section shall be 8-inch PCC with 8- inch modified subbase as indicated by the City. This task also includes identifying potential storm sewer, sanitary sewer, water main and other utility locations in the typical roadway sections. Typical sections for Huntington Road and each Katoski Drive concept will be developed. It is anticipated that three (3) typical cross sections will be developed for Katoski Drive that includes one (1) two-lane section with a median, one (1) two-lane section without a median, and one (1) four -lane section with a median for tying into the existing Greenhill Road intersection. One (1) typical cross section will be developed for Huntington Road, which includes a three -lane section. Typical sections will also be developed for each of the side street connections. 3. Develop Functional Geometrics Develop functional geometrics that include intersection return radii, sidewalk/trail locations, driveway locations, and roundabout geometrics for the project. Included as part of this task are design vehicle turning templates for the three roundabout concepts and three signalized intersections on Katoski Drive, which includes the Katoski Drive intersections with Greenhill Road and the proposed school entrance as both roundabouts and signalized intersections. The design vehicle to be used will be a WB-67 truck tractor -semitrailer. This task includes functional roundabout geometry at the intersections of Katoski Drive with Greenhill Road, the proposed school entrance, and Huntington Road. 4. Traffic Signal Mast Arm Pole Footing Layout The Consultant shall locate the proposed traffic signal pole footings at the Katoski Drive and proposed school entrance intersection and establish the approximate footing elevations and grading needed to accommodate the footings. Potential utility conflicts with the signal pole footings and mast arms will be identified. The east approach of the intersection will be designed through the curb returns. Any grading impacts on the drainage system will also be identified and mitigated. 5. Develop Horizontal Alignments and Vertical Profiles Utilizing functional geometrics and design survey, develop horizontal alignments and vertical profiles for the mainline roadways of Katoski Drive and Huntington Road as well as the connecting roadways. The alignments will be developed based on the documented design criteria. 6. Water Main and Sanitary Sewer Modification Design This task is assumed to include only minor adjustments to water main and sanitary sewer infrastructure such as manholes, valve boxes, and hydrants. Minor adjustments are difficult Page 13 of 17 Rev. 03/31 /2021 Page 446 of 549 to identify in the functional design phase, but the Consultant will attempt to identify potential conflicts and assign a functional level cost to the conflict(s). 7. Culvert Hydraulic Analysis and Layout The Consultant shall perform a hydraulic analysis of the culverts under Huntington Road and Ingersoll Road draining the private drainage channel found between Edgewood Drive and Ingersoll Road. The culverts shall be sized to meet the capacity requirements outlined in Chapter 2 of the SUDAS Design Manual and the condition of the two culverts shall be assessed. The consultant shall complete a technical memorandum explaining the results of the hydraulic analysis and condition assessment. A functional design for the Huntington Road culvert will be completed to determine the future footprint needed to accommodate the trail on the north side of Huntington Road. The functional design will also incorporate any improvements found necessary by the capacity analysis and condition evaluation. Using the culvert footprint, the Consultant will determine the need for easement and right-of-way. 8. Roadway Drainage Hydraulic Analysis and Layout The Consultant will develop a roadway drainage network in association with the roadway improvement concepts. The Consultant will complete functional storm sewer design looking at two concepts for each roadway geometric configuration. One concept will include a storm sewer system that will drain the proposed roadway improvements utilizing the existing ditches on Katoski Drive south of Downing Avenue as well as the existing ditch on the south side of Huntington Road. The second concept will include a storm sewer system that replaces these ditches with trunk lines. The Consultant will resolve potential conflicts with underground utilities and other design elements. Vertical Profiles will not be developed as part of this task. The geometric and drainage concepts are being considered due to budget constraints. For consideration is the reuse of significant portions of the existing storm sewer system like the existing 30-inch diameter RCP along Huntington Road, the triple 36-inch RCPs under the east approach of Huntington Road at Katoski Drive, and the 60-inch RCP in the median of Katoski Drive north of Downing Avenue. The City is not opposed to replacement of the existing system if necessary due to capacity, condition, or a preferred roadway geometric concept but cost is also a consideration. The City is unaware of any existing capacity issues with the storm sewer system, so the upstream storm sewer is assumed to run full for the hydraulic analysis. The City also directed the Consultant to consider the detention of the school site improvements versus uncontrolled release in the storm sewer analysis. The City will televise existing storm sewer to evaluate condition. 9. Utility Research Contact the utility companies, including City utilities, for information within the project corridor regarding transmission, distribution, and service laterals. This includes information related to existing facilities and facilities planned for construction during design. 10. Prepare Functional Design Plans (30% Complete) Based on functional design, prepare functional design level plans depicting proposed grading, drainage, paving, and other features of the project. The functional design plans will include but not be limited to the following: • Typical Cross Section Sheets: Develop and assemble typical cross sections to be used for the proposed improvements as well as a preliminary determination of the limits that each typical section will apply. The typical cross sections will include but not be limited to the proposed grading, drainage, and paving improvements. • Plan and Profiles Sheets: Develop functional plan and profile sheets that show the existing topography along with the proposed improvements based on the proposed Page 14 of 17 Rev. 03/31/2021 Page 447 of 549 horizontal and vertical alignments. These sheets will be in the form of a colored strip map that includes aerial photography. Proposed right-of-way and construction easement limits based on the catch point lines will be shown. Included will be the necessary CADD work to show the functional design features for the proposed improvements. • Intersection Geometrics Turning Movement Sheets: Develop intersection geometric plans that accommodate design vehicle turning movements. Show vehicle turning movement path, major intersection return geometry, lane widths and auxiliary lane lengths. Design vehicles will be determined from the project Design Criteria. • Detailed Cross Section Sheets: Develop and assemble detailed cross sections (50' intervals) to illustrate typical conditions, drainage designs, and non -typical conditions as needed for guidance during design, review, and quantity estimating purposes. 11. Functional Field Review A field review will be held with the project design team to discuss key issues and design concepts including drainage, intersection control, geometrics, staging, and right-of-way. The review will determine the completion of the functional exhibit design and identify needed adjustments to minimize potential property impact. Revisions will be noted for discussion with the City. 12. Identify Acquisition Requirements The Consultant will identify general permanent right-of-way and permanent/temporary easement needs based on the functional design development. The requirements will take into consideration proposed utilities, construction staging and access, utility relocations and other critical construction elements. 13. Functional Budget Review Prepare opinion of probable construction cost for the project concepts and compare the cost to the City's current project budget. Make recommendations pertaining to modifications to the project if necessary to address budgetary concerns. Cost estimates shall be based on representative major project elements and recent bid information. Detailed quantity takeoffs will not be developed for the functional cost estimate. 14. Quality Control Review (30%) Review the functional engineering plan set for technical accuracy, as well as for general constructability and conformance with the project design criteria. II. PROJECT DELIVERABLES The scope of services shall be considered complete upon completion and delivery of the following items to the satisfaction of the City: A. Property Impact Display B. Traffic Technical Memorandum C. Design Criteria Technical Memorandum D. Culvert Hydraulics Technical Memorandum E. Typical Cross Section Sheets F. Colored Strip Map Displaying Functional Design Features G. Intersection Geometric Turning Movement Sheets H. Cross Sections Cost Opinion of Project Concepts Page 15 of 17 Rev. 03/31 /2021 Page 448 of 549 III. ADDITIONAL SERVICES NOT INCLUDED IN THIS CONTRACT Additional Services not included as part of this Scope. If authorized, under a supplemental agreement, the Consultant shall furnish or obtain from others the following services: A. Preliminary and Final Design Services B. Project Letting Services C. Construction Period Services (administration, observation, testing, and staking) D. Wetland Mitigation and Permitting Services E. Threatened and Endangered Species Investigations F. Phase I or Phase II Archaeological Investigations G. Water Main and Sanitary Sewer Design H. Real Estate Services Preparation of Acquisition Plats and Easement Documents J. Subsurface Utility Investigations IV. CITY'S RESPONSIBILITIES: The City shall provide the following: A. Provide existing utility plans and studies. B. Provide existing street and utility plans/record drawings and utility maps for the project area. C. Provide televising of storm sewer. D. Provide existing topographic base mapping, aerial photo images, and other available electronic files pertinent to the Project. E. Provide any available ADT and/or turning movement traffic count data. Page 16 of 17 Rev. 03/31 /2021 Page 449 of 549 Exhibit B Schedule The Consultant shall complete the following phases of the Project in accordance with the schedule shown; assuming notice to proceed is issued by the City on or before March 17, 2025. If notice to proceed is given at a later date, time of completion shall be extended accordingly. Anticipated Contract Approval Design Surveys and Mapping Functional Design March 17, 2025 March 18, 2025 - May 9, 2025 April 1, 2025 - June 16, 2025 Page 17 of 17 Rev. 03/31 /2021 Page 450 of 549 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution approving Supplemental Agreement No. 8 with Stanley Consultants, Inc., of Des Moines, Iowa, in the amount of $153,225.00, in conjunction with the FY 2022 11th Street and Park Avenue Bridge Replacements Project, Contract No. 1013, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 451 of 549 1. SA8_CityofWaterloo_ParkAve11 thStreetBridges 2. SA8_CityofWaterloo_ParkAve11 thStreetBridges Page 452 of 549 SUPPLEMENTAL AGREEMENT NO. 08 This Supplemental Agreement, made and entered into by and between STANLEY CONSULTANTS, INC. (Consultant) and CITY OF WATERLOO (Client) amends their agreement of September 23, 2019, for Consultant to provide services to the Client for the Feasibility Study for Replacement of Park Avenue and 11 th Street Bridges over the Cedar River, as follows: Scope of Services This Supplemental Agreement is for extended Construction Related Services (CRS) at the Park Avenue and 11th Street Bridge, made necessary due to construction of each bridge going beyond the established 260 Working Days per bridge in the Construction Contract and the period of performance and construction on both bridges requiring Consultant services beyond December 31, 2024. CRS will continue to be provided as defined by Exhibit 1 — Scope of Services of Supplemental No. 03 dated September 21, 2021, for a duration as detailed below. Additional time is included to cover administration, observation and project close-out for Park Avenue and 11th Street Bridge estimated to be completed by June 30, 2025. This Supplemental Agreement extends the Agreement End Date to December 31, 2025, to allow CONSULTANT to continue providing CRS and project audit and close-out. Time of Beginning and Completion Estimated to complete work by December 31, 2025. Fees and Payments Original Professional Services Agreement Supplemental Agreement No. 1 Supplemental Agreement No. 2 Supplemental Agreement No. 3 Supplemental Agreement No. 4 Supplemental Agreement No. 5 Supplemental Agreement No. 6 Supplemental Agreement No. 7 $505,000.00 $28,643.00 $1,043,000.00 $1,945,600.00 $13,816.00 $124,600.00 $903,000.00 $52,600.00 Task Compensation Construction Administration & Engineering During Construction $141,155.00 Materials Sampling & Testing $7,500.00 Project Expenses $4,570.00 Supplemental Agreement No. 8 - Subtotal Amount $153,225.00 New Total Contract Amount $4,769,484.00 Except as specifically amended by this Supplemental Agreement, all the terms and conditions of the original Agreement dated September 23, 2019, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Supplemental Agreement to be executed on the date below indicated. City_of_Waterloo_lowa\29363 - 11th and Park Ave Bridge Replacements \01-Contracts\SA8_CityofWaterloo_ParkAvel lthStBridges.docx SC3881 1014 Page 453 of 549 STANLEY CONSULTANTS, INC. By: Daniel R. Fullerton, P.E. Client Service Manager CITY OF WATERLOO By: Date: Date: Attest: Attest: By: By: Wendy Diekema City_of_Waterloo_lowa\29363 - 11th and Park Ave Bridge Replacements \01-Contracts\SA8_CityofWaterloo_ParkAvel lthStBridges.docx SC3881 1014 Page 454 of 549 SUPPLEMENTAL AGREEMENT NO. 08 This Supplemental Agreement, made and entered into by and between STANLEY CONSULTANTS, INC. (Consultant) and CITY OF WATERLOO (Client) amends their agreement of September 23, 2019, for Consultant to provide services to the Client for the Feasibility Study for Replacement of Park Avenue and 11 th Street Bridges over the Cedar River, as follows: Scope of Services This Supplemental Agreement is for extended Construction Related Services (CRS) at the Park Avenue and 11th Street Bridge, made necessary due to construction of each bridge going beyond the established 260 Working Days per bridge in the Construction Contract and the period of performance and construction on both bridges requiring Consultant services beyond December 31, 2024. CRS will continue to be provided as defined by Exhibit 1 — Scope of Services of Supplemental No. 03 dated September 21, 2021, for a duration as detailed below. Additional time is included to cover administration, observation and project close-out for Park Avenue and 11th Street Bridge estimated to be completed by June 30, 2025. This Supplemental Agreement extends the Agreement End Date to December 31, 2025, to allow CONSULTANT to continue providing CRS and project audit and close-out. Time of Beginning and Completion Estimated to complete work by December 31, 2025. Fees and Payments Original Professional Services Agreement Supplemental Agreement No. 1 Supplemental Agreement No. 2 Supplemental Agreement No. 3 Supplemental Agreement No. 4 Supplemental Agreement No. 5 Supplemental Agreement No. 6 Supplemental Agreement No. 7 $505,000.00 $28,643.00 $1,043,000.00 $1,945,600.00 $13,816.00 $124,600.00 $903,000.00 $52,600.00 Task Compensation Construction Administration & Engineering During Construction $141,155.00 Materials Sampling & Testing $7,500.00 Project Expenses $4,570.00 Supplemental Agreement No. 8 - Subtotal Amount $153,225.00 New Total Contract Amount $4,769,484.00 Except as specifically amended by this Supplemental Agreement, all the terms and conditions of the original Agreement dated September 23, 2019, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Supplemental Agreement to be executed on the date below indicated. City_of_Waterloo_lowa\29363 - 11th and Park Ave Bridge Replacements \01-Contracts\SA8_CityofWaterloo_ParkAvel lthStBridges.docx SC3881 1014 Page 455 of 549 STANLEY CONSULTANTS C. CITY OF WATERLOO By: ..eAa.QR• By: Daniel R. Fullerton, P.E. Client Service Manager Date: 3/13/2025 Date: Attest: iJ Attest: By: /v By: Wendy Diekema City_of_Waterloo_lowa\29363 - 11th and Park Ave Bridge Replacements \01-Contracts\SA8_CityofWaterloo_ParkAvel lthStBridges.docx SC3881 1014 Page 456 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution approving a Farm Lease Agreement, expiring December 31, 2025, with Renee Lupkes, to farm approximately nineteen acres of land for hay baling in the amount of $200.00, located west of 4862 West 4th Street, 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 a Farm Lease Agreement, expiring December 31, 2025, with Renee Lupkes, to farm approximately 19 acres of land for hay baling in the amount of $200.00, located west of 4862 West 4th Street, and authorizing the Mayor and City Clerk to execute said document. The farm lease agreement was originally in the name of Wendell Lupkes, but it is now being changed to Renee's name, and the Lupkes family has baled this land for close to 20 years. Baling of the land helps the city by not having to send city workers to mow the property in the floodway of Prescotts Creek. The agreement notes that it will expire on December 31, 2025. However, if the City does not serve notification of cancelation of the lease on or before September 1, 2025, the lease automatically rolls over into another year. This notification period is a requirement of the State Code of Iowa. NEIGHBORHOOD IMPACT This area has been baled for hay for numerous years and no known negative impacts have occurred due to the activities. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 457 of 549 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION SOUTHLAND PARK SECOND ADDITION. TRACT F. also SOUTHLAND PARK SUBDIVISION, TRACT A EXC THAT PART DESC AS BEG AT MOST SLY COR LOT 108 SOUTHLAND PARK REPLAT OF PART OF SOUTHLAND PARK SUBDIV TH N 69 DEG E 458.32 FT ALONG SLY LINE SAID LOT 108, 109, 110 & LOT 22 & 23 OF SOUTHLAND PARK SUBDIV TH S 20 DEG 59 MIN 30 SEC E 50 FT ALONG AN EXT OF ELY LINE SAID LOT 23 TH S 69 DEG 00 MIN 00 SEC W 458.26 FT PAR WITH & 50 FT NORM DIST SLY FROM SLY LINE SAID LOTS 22,23, 108,109,& 110 TO PT ON AN EXT OF WLY LINE SAID LOT 108 TH N 21 DEG 01 MIN 34 SEC W 50 FT TO PT OF BEG EXC LOT "E" A PART OF TRACT "A" OF SOUTHLAND PARK SUBDIVISION DESC AS FOL: BEG AT SELY COR LOT 107 OF SOUTHLAND PARK REPLAT OF SOUTHLAND PARK SUBDIVISION TH S 69 DEG 37 MIN 55 SEC W 119.79 FT ALONG SLY LINE OF LOT 107 TO SWLY COR OF SAID LOT TH S 85.21 FT ALONG THE ELY LINE OF TRACT "B" OF SAID SUBDIVISION TH N 58 DEG 18 MIN 37 SEC 152.22 FT TO A PT ON AN EXTENSION OF ELY LINE OF SAID LOT 107 TH N 20 DEG 08 MIN 47 SEC W 50 FT TO PT OF BEG. ATTACHMENTS 1. Farm Lease Agreement 2. Farm Lease Map Page 458 of 549 FARM CASH LEASE for CITY -OWNED PROPERTY This Farm Cash Lease (the "Agreement") is made and entered into as of / t LOtt L.f 6 1/ 2025 by and between the City of Waterloo, Iowa ("City") and Renee Lupkes ("Lessee"). •J 1. Premises: Use. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on the Northwest corner of W. 4th Street and W. Shaulis Road, and more particularly described in Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for growing hay, and shall not otherwise grow crops, cultivate the land, or use the Property for any other purpose whatsoever. Lessee may not make any improvements to the Property. Lessee accepts the Property in its "AS IS" condition, with all faults, and without any representation or warranty by City as to the Property's condition or its suitability for crop production or for any other purpose. City shall not prepare the Property for Lessee's use in any way. 2. Term, Rent. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the date hereof and terminating on December 31, 2025, subject in any case to early termination as provided in Section 3. As rental, the Lessee agrees to pay the City the sum of $ Qom, IW upon execution of this Agreement. If the term of this Agreement is extended by the mutual agreement of the parties, then rent shall be payable on the date that Lessee delivers an executed amendment to City. Any payment made is non- refundable in the event this Agreement is terminated by either party pursuant to Section 3 below. If rent is not paid by the due date(s), interest shall be charged at the rate of 12% percent per annum, compounded monthly, beginning five (5) days after the due date, until paid. All rent is to be paid to the City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703, Attn: Community Planning & Development, or at such other place as the City may direct in writing. 3. EARLY TERMINATION: Compensation to Lessee. Lessee agrees that the City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice if the City needs the use of the Property for its own purposes, including but not limited to a third -party economic development purpose, and Lessee hereby expressly waives any rights it may have under Iowa law that may require the giving of a different notice or the giving of notice by a specific date. Lessee hereby acknowledges and agrees that it takes and uses the Property subject to the risk of early termination, and Lessee hereby agrees to assume said risk. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department. As consideration for Lessee's agreement to allow early termination as set forth in the preceding paragraph, the City agrees that upon early termination, if at least one cutting of hay is yet possible after the termination date, the City will compensate Lessee as follows, provided, however, that in no event shall compensation to Lessee under this Section exceed the annual rental amount: a. Corn. N/A. b. Soybeans. N/A. c. Alfalfa hay. For alfalfa hay, a sum equal to the product of [(4 x A x P) — (H(1.3 x A x P))], where A is the number of haivestable acres, P is the average large round bale price for good quality hay as most recently reported by the hay markets for Dyersville and Ft. Atkinson, Iowa, and H is the number of hay crops already harvested in the crop year. By way of explanation, 4 is the assumed number of tons of hay harvestable on each acre in a single season through three cuttings (assumed Iowa yield per ISU), and 1.3 is the assumed number of tons harvested with each separate cutting during the season. Page 459 of 549 d. Grains and other crops. NIA. If any report or resource referred to in the preceding paragraphs is no longer published or available at the time that crop -loss damages are calculated, City may substitute any other report or resource that it considers appropriate in its reasonable discretion. 4, Care of Property. Lessee agrees to maintain the Property including all fenced areas. This will include reseeding and fertilizing when necessary, provided that any seed mixture must be approved by Waterloo Leisure Services. Lessee agrees that if flooding occurs, no agricultural activities will be done until the land has dried and recovered sufficiently. Lessee agrees to do what is reasonably necessary to control soil erosion, including but not limited to providing labor and normal farm equipment for the maintenance of existing watercourses, waterways, ditches, drainage areas, terraces and tile drains, and abstaining from any practice which will cause damage to the Property. Lessee agrees to comply with all restrictions regarding growth of trees or shrubs as required by applicable law, and use reasonable efforts to control weeds in fields, fence rows, road ditches, building lots, and all other areas of the Property. 5. Livestock. Lessee shall not allow or place any livestock on the Property. 6, No Hunting. Lessee shall not hunt nor permit any other person to hunt on the Property. If Lessee becomes aware of trespassers on the Property, it will instruct them to leave immediately. 7. Indemnity. In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless from and against any and all claims, demands, actions, causes of action, fines, fees, penalties, damages and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, relating to any person or property, arising from in in any way connected with Lessee's use of the Property in any manner, whether directly or indirectly, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees or agents and any environmental remediation or cleanup costs. 8. Insurance. Lessee shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $500,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Lessee, its employees and agents, and shall protect the City against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, and providing for thirty (30) days' advance notice to the City before cancellation, shall be delivered to City no later commencement of the lease term. A renewal certificate shall be provided to the City prior to expiration of any policy. The City shall provide no insurance for the property or activities of the Lessee, its agents or employees. 9. Vehicle Restrictions. Lessee agrees to prohibit all engine -powered off -road vehicles and four- wheel drive vehicles other than agricultural equipment. 10. Third -Par y Rights. Reserved. 11. Chemicals. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of agricultural chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. 2 Page 460 of 549 Lessee shall employ all means appropriate to insure that well or ground water contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied by ground or air. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may not be disposed of on the Property. Dead livestock may not be buried on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 12. City Access. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 13. No Sublease or Assignment. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. 14. Condition at End of Term. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's reasonable control and ordinary wear and tear to existing improvements are excepted. 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. Default. If Lessee fails to observe any term or condition of this Agreement, including but not limited to the payment of rent, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 17. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 18. Miscellaneous. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms or conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Farrn Cash Lease by their duly authorized representatives as of the date first set forth above. [signatures an next page] 3 Page 461 of 549 CITY OF WATERLOO, IOWA LESSEE By: k/iUI �' Mayor Renee Lupkes Attest: City Clerk 4 Page 462 of 549 EXHIBIT "A" Property Description SOUTHLAND PARK SECOND ADDITION. TRACT F. also SOUTHLAND PARK SUBDIVISION, TRACT A EXC THAT PART DESC AS BEG AT MOST SLY COR LOT 108 SOUTHLAND PARK REPLAT OF PART OF SOUTHLAND PARK SUBDIV TH N 69 DEG E 458.32 FT ALONG SLY LINE SAID LOT 108, 109, 110 & LOT 22 & 23 OF SOUTHLAND PARK SUBDIV TH S 20 DEG 59 MIN 30 SEC E 50 FT ALONG AN EXT OF ELY LINE SAID LOT 23 TH S 69 DEG 00 MIN 00 SEC W 458.26 FT PAR WITH & 50 FT NORM DIST SLY FROM SLY LINE SAID LOTS 22,23, 108,109,& 110 TO PT ON AN EXT OF WLY LINE SAID LOT 108 TH N 21. DEG 01 MIN 34 SEC W 50 FT TO PT OF BEG EXC LOT "E" A PART OF TRACT "A" OF SOUTHLAND PARK SUBDIVISION DESC AS FOL: BEG AT SELY COR LOT 107 OF SOUTHLAND PARK REPLAT OF SOUTHLAND PARK SUBDIVISION TH S 69 DEG 37 MIN 55 SEC W 119.79 FT ALONG SLY LINE OF LOT 107 TO SWLY COR OF SAID LOT TH S 85.21 FT ALONG THE ELY LINE OF TRACT "B" OF SAID SUBDIVISION TH N 58 DEG 18 MIN 37 SEC 152.22 FT TO A PT ON AN EXTENSION OF ELY LINE OF SAID LOT 107 TH N 20 DEG 08 MIN 47 SEC W 50 FT TO PT OF BEG. Page 463 of 549 Page 464 of 549 Lupkes Farm Lease - 19-Acres near the northwest corner of West 4th Street and West Shaulis Road Approximate 9.1 Acres that can be baled for hay r c y. e 400 UI J44 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution approving a Supplemental Agreement No. 2 with AECOM Technical Services, Inc. of Waterloo, Iowa, in the amount of $49,200.00, in conjunction with the Titus Lift Station and Force Main Project, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve resolution for Supplemental Agreement No. 2 with AECOM SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution approving a Supplemental Agreement No. 2 with AECOM Technical Services, Inc. of Waterloo, IA , in the amount of $49,200.00, in conjunction with the Titus Lift Station and Force Main Project , and authorizing the Mayor to execute said document. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 466 of 549 ATTACHMENTS 1. SA2 WAT Titus Lift Station CRS Agreement Page 467 of 549 AECOM March 5, 2025 Mr. Jesse Gaherty Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa 50702 Subject: Titus Lift Station and Force Main Project Supplemental Agreement No. 2 City of Waterloo, Iowa City Contract No. 975 AECOM #60726355 Dear Mr. Gaherty: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax AECOM is requesting Supplement Agreement No. 2 to continue Construction Related Services for the Titus Lift Station and Force Main Project. The Original Final Completion Date was 11/30/24. The Final Completion Date was revised to 05/30/25 after the approval of WRH Change Order No. 6 on 01/21/25 by the City Council. The following are the reasons for the request: • WRH lost 3 weeks of time searching for a leak in the force main • WRH received defective check valves that delayed the installation of the lift station equipment and startup • MidAmerican Energy took 5 months to resolve an unknown conflict with our connection to the existing sanitary sewer and an existing 4-IN gas main. This lengthy process caused WRH to be delayed 2 months making that connection, and pushed the demolition of the existing lift station, paving and fencing of the site to the spring The project is approximately 90% complete. This Supplemental Agreement will provide AECOM funding to complete the Construction Related Services, Record Drawings, SRF assistance and Project Close Out. Thank you for your consideration of this request. Yours sincerely, { Christopher G. Oelkers, PE Enclosure: Supplemental Agreement No. 2 S:\02-WATERLOO\100-AGREEMENTS\TITUS SA\975 TITUS - SA2 LTR.docx Page 468 of 549 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com TITUS LIFT STATION AND FORCE MAIN PROJECT CITY OF WATERLOO, IOWA CONSTRUCTION -RELATED SERVICES SUPPLEMENTAL AGREEMENT NO. 2 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo, Iowa, (Client), and AECOM Technical Services, Inc. (ATS), of Waterloo, Iowa, dated September 24, 2018, for the design of the Titus Lift Station and Force Main project. WHEREAS, the Client and ATS entered into Supplemental Agreement No. 1 dated February 5, 2024, for construction -related services for the project; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 2 for additional construction -related services for the project. NOW THEREFORE, it is mutually agreed to amend the original Professional Service Agreement as follows: I. Project Description The project consists of replacement and construction of a new lift station, force main and gravity sewer at the existing Titus Lift Station site and along the Broadway Street corridor in the northwest portion of the City of Waterloo. The project will improve current overloading of the existing lift station during periods of wet weather and provide capacity to expand the service areas north and northwest of the station. The project provides benefits for economic development and improves flow conditions in a portion of the system which currently experiences overloading during wet - weather flows. The City utilizes a State Revolving Fund (SRF) loan for the project. The construction cost for the project is approximately $6.2 million dollars. ATS will provide construction -related services along with engineering assistance to the City for the SRF process. II. Scope of Services The Scope of Services will encompass and include additional work, services, materials, equipment, personnel and supplies necessary to provide construction -related services for the project and associated engineering assistance to the City for the SRF process required for the project for the extended project schedule with an anticipated end date of August 31, 2025. The Scope of Services is further defined as follows: Task 1. Prepare additional monthly applications for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Task 2. Perform additional construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Task 3. Provide additional periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. Task 4. Facilitate additional construction progress meetings of project as needed and complete minutes for each meeting. Page 469 of 549 AECOM III. Compensation Page 2 Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be integrated with the fees in Supplemental Agreement No. 1. The estimated fee is Forty -Nine Thousand Two Hundred Dollars ($49,200.00). IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated September 24, 2018. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 2 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. By ewe Skte-eZ Michelle M. Sweeney, PE, PTOE Associate Vice President APPROVED FOR CITY OF WATERLOO: Date March 5, 2025 By: Date Quentin Hart Mayor L:\Secure DCSWdministration\AGREE\SUPPLE\SA2 WAT Titus Lift Station CRS.docx Page 470 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Eocene Environmental Group, Inc., for an amount not to exceed $3,200.00, to perform a Phase I Environmental Site Assessment on land located approximately 1/4 of a mile west of 4634 Kimball Avenue, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is Professional Services Agreement with Eocene Environmental Group, Inc., for an amount not to exceed $3,200.00, to perform a Phase I Environmental Site Assessment on land located approximately 1/4 of a mile west of 4634 Kimball Avenue, and authorizing the Mayor to execute said document. The survey is included in the attached Professional Services Agreement, noted as Parcel "B", and it is located in a part of Section 9, Township 88 North, Range 13 West. The City Council approved buying five parcels of land over time from John R. Wolfe on December 16, 2024, and Parcel "B" would be the first land acquisition of five parcels. The property is located next to the South Waterloo Business Park, which is a State of Iowa Certified Site, and having due diligence done on the property would assist to include this area as part of the certified site by going through the certification process. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Economic Development IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 471 of 549 San Marnan TIF ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Professional Services Agreement Page 472 of 549 PROFESSIONAL SERVICES AGREEMENT (PSA) Project: Phase I Environmental Site Assessment - Eocene- - Environmental Group Property: "Parcel "B"- northwest of West Shaulis Road & Kimball Avenue, Black Hawk County, Iowa (see attached map) Client: City of Waterloo Contact: Noel Anderson, Community Planning and Development Director Address: 715 Mulberry Street City/State/Zip: Waterloo, IA 50703 Phone: 319-291-4366 Email: noel.anderson@waterloo-ia.org AGREEMENT made this 6th day of March 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 1 Environmental Site Assessment Process (the "ASTM E1527-21 Standard Practice") for the Property defined below: Property Address(es): Parcel ID(s): Property Acreage: Northwest of the intersection of West Shaulis Road and Kimball Avenue, Waterloo, Black Hawk County, IA 50701 (land in the NW'/4 of the SE 1/4 of Section 9, Township 88 North, Range 13 West) Surveyed "Parcel B," — the western portions of Black Hawk County Parcels 881309401007 and 881309401005 (see attached survey map) 14 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 8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com 09-24 PAGE 1 OF 5 Page 473 of 549 Property, at least to the extent feasible pursuant to the processes described in the referenced practice. An 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, Two Hundred Dollars ($3,200.00) 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 474 of 549 Tasks Cost Phase I Environmental Site Assessment $ 3,200.00 Total $ 3,200.00 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 475 of 549 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 476 of 549 CITY OF WATERLOO Accepted by: Printed/Typed Name: Title: Date: EOCENE ENVIRONMENTAL GROUP, INC. Accepted by: Printed/Typed Name: an Keltner Title: Senior Project Manager Date: March 6, 2025 8951 Windsor Parkway, Johnston, IA 50131 866.875.5527 eocene.com 09-24 PAGE 5 OF 5 Page 477 of 549 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 478 of 549 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 479 of 549 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 480 of 549 NORTH Parcel "F" Plat of Survey 2024-19660 Parcel"G" PIa1 of Survey 2019-9242 uJ 03m N N o z� Point of Beginning Center 1/4 Corner Section 9-T88N-R13W Fnd 2"x5" (Top View) Dark Gray Granite Stone per File No. 2022-24199 N89°55'41 "E 461.41' N00°26'30"E 60.00' Fnd 1/2"0 Rebar wlPink Cap #26776 North Line NW 1/4 - SE 1/4 Section 9-T88N-R13W Parcel "B" NW1/4-SE1/4 Section 9-T88N-R13W Area: 14.00 acres / ' West Line / NW 1/4 - SE 1/4 1 Section 9-T8BN-R13W Center -South 1/16 Corner Section 9-T88N-RI 3W Set 5/8"0x24" Rebar w/1.5"0 Aluminum Cap #22561 S89°36'331W 461.44' South 1/4 Corner Section 9-T88N-R13W Fnd 1/2"0 Rebar w/Red Cap #16775 per File No. 2016-9568 Plat of Survey Parcel "B" Part of the Southeast 1/4 Section 9-T88N-R13W Waterloo, Iowa N89°55'41 "E 1328.87' (1328.84' IDOT) N89°55'41 "E 218.89' N89°55'41 E 115.18' CO t EDo N N O M 0 m South Line NW 1/4 - SE 1/4 Section 9-T88N-RI3W 1 Fnd 518"0 Rebar w/1.5"0 Aluminum IDOT Cap Center -East 1/16 Corner Fnd 518"0 Rebar w/Orange Cap #22561 per File No. 2023-10058 N89°55'41 "E 533.40' Fnd 518"0 Rebar w/Orange Cap #22561 NW114�8N-R13W section 9` S89°36'33"W 1327.21' Southeast 1/16 Corner Section 9-T88N-R13W Set 5/8"0x24" Rebar w/1.5"0 Aluminum Cap #22561 S89°36'33"W 865.77' SW 114�88 p.13W Section g" S89°48'37"W 1325.38' Index Legend Description: SE 1/4, Section 9-T88N-R13W Surveyor: Matthew Kofta, PLS 22561 Company: VJ Engineering 1501 Technology Parkway, Suite 100 Cedar Falls, IA 50613 319-266-5829 Proprietor: John Wolfe Survey Requested by: City of Waterloo, Iowa N89°53'56'E 1326.72' (1326.69' IDOT) o� M- �. f88N o r section 9 0) i/4 . S� 1R13W East 1/16 South Corner Section 9-T88N-R13W Fnd 5/8"0 Rebar West Shaulis Road N89°48'25"W 1325.93' o co °') M $e0tion 9~1 SE 1l4 "g N�R13W S89°47'55"W 1325.27' East 1/4 Corner Section 9-T88N-R13W 47— Fnd MAG Nail in Asphalt per File No. 2022-24200 Kimball Avenue .O, L , 0 page 1/1 This Plat of Survey has bee iewe y the City of Waterloo, lowa. City of ate 60, Date Ordinance Administrator Parcel "B" Legal Description: That part of the North One-half of the Southeast Quarter of Section No. 9, Township No. 88 North, Range 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa described as follows: Beginning at the Center 1/4 Corner of said Section No. 9; thence N89°55'41 "E 461.41 feet along the North line of the Northwest Quarter of the Southeast Quarter of said Section No. 9; thence S00°26'30"W 1320.48 feet to the South line of the Northwest Quarter of the Southeast Quarter of said Section No. 9; thence S89°36'33"W 461.44 feet along said South line to the Center -South 1/16 Corner of said Section No. 9; thence NOO°26'30"E 1323.05 feet along the West line of the Northwest Quarter of the Southeast Quarter of said Section No. 9 to the Point of Beginning, containing 14.00 acres. Parcel "B" Area Summary NW 1/4 - SE 1/4 Section 9-T88N-R13W Gross: 14.00 acres R-O-W: 0.00 acres Net: 14,00 acres South 1/16 East Corner Section 9-T88N-R13W Set 1 "0 Brass Disc #22561 Southeast Corner Section 9-T88N-R13W Fnd MAG Nail wPNasher per File No. 2015-8427 Feature Legend O Set 5/8"0 x 24" Rebar w / Orange Cap L.S. #22561 Property Corner Found ASet Section Corner Section Corner Found 100,00' Dimension of Survey (100.00') Dimension of Record 0 100 200 400 Notes: 1.) Bearings are based on the Iowa Regional Coordinate System, Zone 5, NAD 83 2011 2.) All dimensions are in US Survey feet and decimals thereof. 3.) The error of closure is better than 1:10,000 4.) Field work was completed: 02/06/2025 5.) Parcel Area: 14.00 acres `r Matthew A. Kofta :�y 22561 *�wirrr !!rrllllll5ll I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and That I am a duly licensed Land Surveyor under the jgLJha.$tate of Iowa. Matthew A. Kofta, Pr License number 22561 My license renewal date is nacember 31, 2026 Pages or sheets covered by this seal: Date scale 1''=200' drawn by MAID date 02/13/25 rn C4 00 Lf7 CO a w cI 0) 13 T a_ 141 w 7. CD rn C O 'rn o w 0 Co CD a in L -0 a) C.) 0 0 O 0 L 0 '258008 Page 481 of 549 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution approving a contract amendment between the Iowa Economic Development Authority, Hydrite Chemical Co. and the City of Waterloo to amend project completion dates of the High Quality Jobs Program Application, and authorize the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to approve a contract amendment between the Iowa Economic Development Authority, Hydrite Chemical Co. and the City of Waterloo to amend project completion dates of the High Quality Jobs Program Application, and authorize the Mayor to execute said document. Hydrite is asking for a revision of the Job Obligations timelines as shown in Exhibit D to move the project completion date and maintenance period completion date to February 28, 2026 and February 28, 2028. No changes are proposed to the number of new jobs being created. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Economic Development IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 482 of 549 ATTACHMENTS 1. IEDA Project Amendment - Hydrite Page 483 of 549 Docusign Envelope ID: 514A3619-002D-404C-9E57-C2FD6DB53629 RECIPIENT: CONTRACT NUMBER: AMENDMENT NUMBER: APPROVAL DATE: CONTRACT AMENDMENT Hydrite Chemical Co. 22-HQJP-022 One February 21, 2025 THIS CONTRACT AMENDMENT is made by and between the IOWA ECONOMIC DEVELOPMENT AUTHORITY (hereafter "IEDA"), 1963 Bell Ave, Suite 200, Des Moines, Iowa 50315, an agency of the State of Iowa, Hydrite Chemical Co. ("Recipient"), 2815 WCF & N Drive, Waterloo, IA 50703 and the City of Waterloo ("Community") 715 Mulberry St., Waterloo, IA 50703. WHEREAS, the Recipient has requested an extension of the Project Completion Date. WHEREAS, the IEDA BOARD approved the request, and NOW, THEREFORE, the Contract referenced above is amended as follows: 1. REVISION OF JOB OBLIGATIONS (EXHIBIT D). Exhibit D is hereby amended to reflect the amended Project Completion and Maintenance Period Completion Dates. Details of the changes are reflected in the attached revised Exhibit D which is hereby incorporated by this reference and made part of this Contract Amendment. Except as otherwise revised herein, the terms, provisions, and conditions of Contract Number 22-HJQP-025 and related exhibits shall remain unchanged and are in full force and effect. F,QlidiEggl ENT: 3,, a4, SIG FD Tim Auerbach PRINT/TYPE NAME, TITLE March 7, 2025 Date FOR THE COMMUNITY: SIGNATURE PRINT/TYPE NAME, TITLE Date ORc4 61-956 C5740&8436... Deborah Durham, Director March 7, 2025 Date Page 1 Page 484 of 549 Docusign Envelope ID: 514A3619-002D-404C-9E57-C2FD6DB53629 EXHIBIT D — JOB OBLIGATIONS Amended February 2025 Recipient: Hydrite Chemical Co. Community: City of Waterloo Contract Number: 22-HQJP-022 This Project has been awarded Project Completion Assistance and Tax Incentives from the High Quality Jobs Program (HQJP) — Tax Credit Component. The chart below outline the contractual job obligations related to this Project. Data in the "Employment Base" column has been verified by IEDA and reflects the employment characteristics of the facility receiving funding before this award was made. Jobs to be retained as a part of this Project must be included in these calculations. Data in the "Jobs To Be Created" column outlines the new full-time jobs (including their wage characteristics) that must be added to the employment base and, if applicable, statewide employment base as a result of this award. At the Project Completion Date and through the Maintenance Period Completion Date, the Recipient must achieve, at a minimum, the numbers found in the "Total Job Obligations" column. HQJP JOB OBLIGATIONS Project Completion Date: February 28, 2025 Employment Base r Jobs To Be Created Total Job Obligations 2026 Maintenance Period Completion Date: February 28, 2027 2028 Total employment at project location 138 20 158 Average wage of total employment at project location $33.41 Qualifying Laborshed Wage threshold requirement (per hr) $20.01 (100%) Number of jobs at or above qualifying wage 137 20 157 I Average Wage of jobs at or above qualifying wage $33.51 Notes re: Job Obligations 1. When determining the number of jobs at or above the qualifying wage, wages will include only the regular hourly rate that serves as the base level of compensation. The wage will not include nonregular forms of compensation such as bonuses, unusual overtime pay, commissions, stock options, pension, retirement or death benefits, unemployment benefits or other insurance, or other fringe benefits. 2. Employment Base includes 0 "Retained Jobs". If the Recipient uses or proposes to use a non-standard work week (8 hours a day, 5 days a week, 52 weeks a year including holidays, vacation and other paid leave), check the box below and describe that alternative schedule. The alternative schedule must meet the requirements of 261 IAC 173.2. If the box is not checked or if no alternative schedule is provided, IEDA will consider "Full- time Equivalent (FTE) Job" to mean the employment of one person for 8 hours per day for a 5-day, 40-hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave. E The Recipient shall use an alternative work week for purposes of its employees described in the Contract. The alternative work week is as follows: [description]. Sufficient Benefits Deductible Requirements Recipient shall provide Sufficient Benefits with a maximum deductible of $1,700 for single coverage or $3,750 for family coverage. Page 2 Page 485 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution approving an amendment to the Professional Services Agreement with Invision Architecture, LLC of Waterloo, Iowa, in the amount of $442,700.00 (previously approved for $420,000.00) to perform a structural analysis of 100 E. 4th Street as part of the renovation and relocation of City Hall, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION As a part of the overall move to the former Courier building for Police and City Hall, this addition of a structural engineering firm will allow for some Building Code issues to be reviewed as a part of the architectural design process. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Downtown TIF and Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION Page 486 of 549 ATTACHMENTS 1. IMEG Scope of Work 2. Professional Services Agreement Amendment Page 487 of 549 <:IMEG March 13, 2025 Jim Trunnell, AIA INVISION - Waterloo Via Email jimt@invisionarch.com Re: REVISED Proposal for Study Services City of Waterloo, Iowa Waterloo City Hall Waterloo, Iowa Dear Jim, Thank you for the opportunity to submit a Proposal for Structural services for a study of converting the existing Courier Building in Downtown Waterloo into a City Hall with police station. 1. Study Services Base Study Scope: Conduct one site visit with two IMEG team members to review existing structural conditions exposed to view (not encased in finishes). Field visit is to gather typical structural framing, column, and roof joist sizes to obtain a general understanding of the existing building's roof, floor, and lateral systems. This field takeoff would be of select framing bays and areas of the building. Conduct a cursory analysis of the existing building main lateral framing using information obtain from site. This analysis is for the change in occupancy from the assumed Risk Category II office building to a City Hall/Police Station with an occupancy at Risk Category IV. This analysis includes a high level review of the existing lateral system for the change in wind and seismic loading and review of the typical roof framing for current code snow loads and assumed existing equipment weight. Determine extents of rough of magnitude retrofit or supplement framing to the main structural gravity and lateral -load -resisting -system to accomplish the change in occupancy. Prepare a rough order of magnitude opinion of probable construction cost for systems included in the study. Prepare a short report presenting our findings and recommendations, along with some annotated architectural concept plans. Attend a virtual meeting with you and the Owner, as needed, to discuss our findings and recommendations. Additional scope item: Page 1of7 Page 488 of 549 If requested, IMEG can provide Ground Penetrating Radar (GPR) of the along the main level slab to obtain a general understanding of the footing plan dimensions. The equipment and operator would be on site for one day and would need access around a handful of interior columns/walls. Study Schedule: Approximately six weeks from notice to proceed to draft report of findings, followed by another two weeks for pricing and coordination with Invision. The GPR scheduling will need to be coordinated, but will likely be within the base study duration. 2. Assumptions Drawings of the existing building's architectural and structural systems are not currently known. If the existing drawings are obtained, IMEG would use this existing information in the study along with the field takeoff information. Selective demolition of fireproofing and other architectural finishes, for purposes of review by IMEG, will be done by the City or contractor hired by the City. A ladder for accessing floor and roof members will be provided by the City or others on site. The analysis and report is not meant to be an exhaustive understanding of all members or complete review of the building systems, but rather to help determine general scoping of the project for the change in occupancy. The study does not include a detail facility condition assessment of the exterior or roof. IMEG may need to make assumptions of the existing building, such as foundations sizing, wall reinforcing/thicknesses, typical conditions throughout from the limited field takeoff. Analysis of components and cladding design and attachment (exterior walls and windows, RTU attachments, skylights, sunscreens, etc.) are not included in this study. Prior studies or reviews will be provided as background information. IMEG standard format for reports will be used. IMEG's opinion of probable construction costs will be based on the firm's experience and qualifications and represents our judgment as Design Professionals. IMEG makes no warranty, express or implied, that the bids or the negotiated cost of the work will not vary from our opinion of probable cost. IMEG has no control over 1) the cost of labor, material, or equipment; 2) the means, methods and procedures of the Contractor's work; or 3) the competitive bidding market at the time the project goes out to bid. 3. Compensation We propose to provide the base services described above for the following fixed fees. Base Study Scope: $19,500 Additional scope - Ground Penetrating Radar: $3,200 4. Project Expenses Page 2 of 7 Page 489 of 549 The following reimbursable expenses are included in the above fee: - Travel expense: Automobile mileage will be invoiced at the IRS rate in effect at the time of travel. Travel expenses include mileage, parking fees, and other out of pocket travel related expenses. 5. Additional Services IMEG can include the following as additional services. Additional services will be performed on a time and material basis using IMEG's standard hourly rates in effect at the time the service is performed, or for a negotiated fee, and only after approved in writing. - Detailed field takeoff of utilities and dimensioning of existing and/or new equipment. - Additional field takeoff visits beyond listed. - Study of storm shelter locations/scope beyond general meeting/scoping with Invision. - Detailed takeoff cost estimating or review of detailed cost estimates prepared by others. - Revit modeling of existing framing. - Civil, mechanical, electrical, and technology engineering design and preparation of construction documents for recommended items. - Schematic Design, Design Development, Construction Drawings, Bidding, and Construction Phase services. 6. General The attached Terms and Conditions dated 09.2024 are made a part of this Proposal. This Proposal is valid for 45 days from the date of this offer. We will begin our services following acceptance of this Proposal for Services. We look forward to working with you on this project and appreciate this opportunity to be of service. Acceptance may be conveyed via email or by signing this offer and returning it to our office. Notwithstanding the foregoing sentence, if you or members of your firm engage IMEG for services for the referenced project, either verbally or by actions, which imply acceptance of this Proposal such as providing drawings, submitting questions, requesting engineering information, etc., without returning a signed copy of this Proposal, it is expressly agreed that acceptance of all terms and conditions of this proposal will be implied and contractually binding. Page 3 of 7 Page 490 of 549 *AIIIA Document G802® 2017 Amendment to the Professional Services Agreement PROJECT: (name and address) 24102 City Hall 2025 100 E 4th St. Waterloo, IA 50703 OWNER: (name and address) City of Waterloo 715 Mulberry St. Waterloo, IA 50703 AGREEMENT INFORMATION: Date: January 20, 2025 ARCHITECT: (name and address) INVISION Architecture, LLC 360 Westfield Ave Suite 401 Waterloo, IA 50701 AMENDMENT INFORMATION: Amendment Number: 001 Date: March 13, 2025 The Owner and Architect amend the Agreement as follows: Additional services to conduct a site visit to assess existing structural conditions in preparation for a change in occupancy as well as Ground Penetrating Radar (GPR) along the main level slab. Structural Engineer will provide a report with findings, recommendations, and a rough cost estimate, followed by a virtual meeting to discuss the results. IMEG proposal attached as amendment Exhibit A - ADD $22,700 § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: IMEG Consultants Corp. 2882 106th Street Urbandale, IA 50322 The Architect's compensation and schedule shall be adjusted as follows: Compensation Adjustment: ADD $22,700 Fee summary: Original Contract Amendment 01 Total Compensation $420,000.00 $22,700.00 $442,700.00 Schedule Adjustment: Study will take approximately six weeks to complete AIA Document G802 — 2017. Copyright © 2000, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 09:45:40 CT on 03/13/2025 under Order No.3104238829 which expires on 06/29/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA4F) Page 491 of 549 1 SIGNATURES: INVISION Architecture, LLC City of Waterloo ARCHITECT (Firm name) OWNER (Firm name) SIGNATURE SIGNATURE Kathryn A. Payne, ATA PRINTED NAME AND TITLE PRINTED NAME AND TITLE DATE DATE AIA Document G802 — 2017. Copyright © 2000, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 09:45:40 CT on 2 03/13/2025 under Order No.3104238829 which expires on 06/29/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA4F) Page 492 of 549 <:IMEG March 13, 2025 Jim Trunnell, AIA INVISION - Waterloo Via Email jimt@invisionarch.com Re: REVISED Proposal for Study Services City of Waterloo, Iowa Waterloo City Hall Waterloo, Iowa Dear Jim, Thank you for the opportunity to submit a Proposal for Structural services for a study of converting the existing Courier Building in Downtown Waterloo into a City Hall with police station. 1. Study Services Base Study Scope: Conduct one site visit with two IMEG team members to review existing structural conditions exposed to view (not encased in finishes). Field visit is to gather typical structural framing, column, and roof joist sizes to obtain a general understanding of the existing building's roof, floor, and lateral systems. This field takeoff would be of select framing bays and areas of the building. Conduct a cursory analysis of the existing building main lateral framing using information obtain from site. This analysis is for the change in occupancy from the assumed Risk Category II office building to a City Hall/Police Station with an occupancy at Risk Category IV. This analysis includes a high level review of the existing lateral system for the change in wind and seismic loading and review of the typical roof framing for current code snow loads and assumed existing equipment weight. Determine extents of rough of magnitude retrofit or supplement framing to the main structural gravity and lateral -load -resisting -system to accomplish the change in occupancy. Prepare a rough order of magnitude opinion of probable construction cost for systems included in the study. Prepare a short report presenting our findings and recommendations, along with some annotated architectural concept plans. Attend a virtual meeting with you and the Owner, as needed, to discuss our findings and recommendations. Additional scope item: Page 1of7 Page 493 of 549 If requested, IMEG can provide Ground Penetrating Radar (GPR) of the along the main level slab to obtain a general understanding of the footing plan dimensions. The equipment and operator would be on site for one day and would need access around a handful of interior columns/walls. Study Schedule: Approximately six weeks from notice to proceed to draft report of findings, followed by another two weeks for pricing and coordination with Invision. The GPR scheduling will need to be coordinated, but will likely be within the base study duration. 2. Assumptions Drawings of the existing building's architectural and structural systems are not currently known. If the existing drawings are obtained, IMEG would use this existing information in the study along with the field takeoff information. Selective demolition of fireproofing and other architectural finishes, for purposes of review by IMEG, will be done by the City or contractor hired by the City. A ladder for accessing floor and roof members will be provided by the City or others on site. The analysis and report is not meant to be an exhaustive understanding of all members or complete review of the building systems, but rather to help determine general scoping of the project for the change in occupancy. The study does not include a detail facility condition assessment of the exterior or roof. IMEG may need to make assumptions of the existing building, such as foundations sizing, wall reinforcing/thicknesses, typical conditions throughout from the limited field takeoff. Analysis of components and cladding design and attachment (exterior walls and windows, RTU attachments, skylights, sunscreens, etc.) are not included in this study. Prior studies or reviews will be provided as background information. IMEG standard format for reports will be used. IMEG's opinion of probable construction costs will be based on the firm's experience and qualifications and represents our judgment as Design Professionals. IMEG makes no warranty, express or implied, that the bids or the negotiated cost of the work will not vary from our opinion of probable cost. IMEG has no control over 1) the cost of labor, material, or equipment; 2) the means, methods and procedures of the Contractor's work; or 3) the competitive bidding market at the time the project goes out to bid. 3. Compensation We propose to provide the base services described above for the following fixed fees. Base Study Scope: $19,500 Additional scope - Ground Penetrating Radar: $3,200 4. Project Expenses Page 2 of 7 Page 494 of 549 The following reimbursable expenses are included in the above fee: - Travel expense: Automobile mileage will be invoiced at the IRS rate in effect at the time of travel. Travel expenses include mileage, parking fees, and other out of pocket travel related expenses. 5. Additional Services IMEG can include the following as additional services. Additional services will be performed on a time and material basis using IMEG's standard hourly rates in effect at the time the service is performed, or for a negotiated fee, and only after approved in writing. - Detailed field takeoff of utilities and dimensioning of existing and/or new equipment. - Additional field takeoff visits beyond listed. - Study of storm shelter locations/scope beyond general meeting/scoping with Invision. - Detailed takeoff cost estimating or review of detailed cost estimates prepared by others. - Revit modeling of existing framing. - Civil, mechanical, electrical, and technology engineering design and preparation of construction documents for recommended items. - Schematic Design, Design Development, Construction Drawings, Bidding, and Construction Phase services. 6. General The attached Terms and Conditions dated 09.2024 are made a part of this Proposal. This Proposal is valid for 45 days from the date of this offer. We will begin our services following acceptance of this Proposal for Services. We look forward to working with you on this project and appreciate this opportunity to be of service. Acceptance may be conveyed via email or by signing this offer and returning it to our office. Notwithstanding the foregoing sentence, if you or members of your firm engage IMEG for services for the referenced project, either verbally or by actions, which imply acceptance of this Proposal such as providing drawings, submitting questions, requesting engineering information, etc., without returning a signed copy of this Proposal, it is expressly agreed that acceptance of all terms and conditions of this proposal will be implied and contractually binding. Page 3 of 7 Page 495 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution approving an agreement with Kirk Gross Company of Waterloo, Iowa, in the amount of $47,000.00 for furniture design, inventory, and bid documents for the renovation and relocation of Waterloo City Hall to 100 E. 4th Street, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION As a part of the City Hall move, there is existing furniture, cubicles, etc. in the existing building. This will allow Kirk Gross to analyze the furniture in place, devise a layout for reuse (if applicable) and needs for new furniture and equipment for the various departments to use and fiction in new spaces. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION Page 496 of 549 ATTACHMENTS 1. Kirk Gross Company Waterloo City Hall Agreement 3-13-25 Page 497 of 549 KIRK GROSS COMPANY Agreement for Furniture Design, Inventory and Bid Documents 1. Agreement This agreement for Furniture Design, Inventory, and Bid Documents ("Agreement"") is made between Kirk Gross Company, 4015 Alexandra Drive, Waterloo, IA 50702 ("Designer") and the City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 ("Client"). This Agreement shall commence on the date that the Agreement is signed and received by Designer. 2. Services Designer will provide an inventory of existing furniture, meet with Architect and Client on proposed plans for a new design of existing furniture, provide new floorplan/furniture layouts, select and specify any additional new furniture and provide bid specifications for bidding of entire furniture package for new location. 3. Revisions On completion of the Design Plan, Designer will present the Design Plan to Client. Designer will incorporate any comments that Client has in a revised Design Plan within seven (7) days of the date of that meeting and submit the revised Design Plan to Client for final approval. This process can be repeated a maximum of two (2) times. Additional revisions to the Design Plan or time spent sourcing and obtaining individual substitutions of furnishings, etc., shall be billed at Designer's Standard Hourly Rate as set forth in the Payment section. 4. Third -Party Services Subject to Section 6 below, Designer will consult with and recommend prospective contractors necessary for fabrication and installation. Unless otherwise agreed in writing, Designer's Services do not include: 1) selection, management, supervision and any other obligation with respect to contractors, 2) landscape design or 3) architecture. If the Project requires contractors to perform work based on Designer's concepts not otherwise included in the Services (e.g. third -party contractor services), Client shall remain responsible for all compensation and insurance related to contractors' services. Designer shall notify Client if any contractor's services do not meet the plans or specifications set forth in the Design Plan, but Designer shall not have any obligation to monitor or supervise construction or other tradesperson services such as lighting consultants, landscape architects, architects, and others. If plans or renderings are required, Designer shall hire a qualified third -party vendor to complete such services. All fees for such services shall be at that contractor's customary rates and in addition to any fees or charges due to Designer. Page 498 of 549 5. Expenses The total cost for the Design shall be the Project Fee, plus reimbursable expenses and any out-of-pocket expenses that may have been previously agreed to in writing with Client. 6. Payment Designer shall be compensated according to the terms set forth in this section and as set forth in any Proposal attached hereto, or as mutually agreed upon by the parties. A. Standard Compensation Client shall pay Designer at the rate of One Hundred Dollars (US$100.00) per hour ("Standard Hourly Rate"). B. Invoices Designer shall submit monthly invoices to Client which describe the Services performed. Client shall pay Designer within fifteen (15) days of receipt of Designer's invoice. Designer may suspend performance of Services if Client fails to pay any invoice when due. Client shall be liable for all costs, fees and expenses (including attorneys' fees) incurred by Designer to collect any amount due. If, after fifteen (15) days, Client fails to pay any outstanding invoice in full, Designer shall be entitled interest in an amount equal to 1.5% per month (i.e., 18% per annum) of the outstanding balance until such invoice amount is paid in full. C. Reimbursable Expenses Client agrees to reimburse Designer for all actual, out-of-pocket expenses incurred by Designer in relation to the Project, including but not limited to, costs to obtain samples, drawings, drafting services, parking, postage and handling, freight, delivery and storage costs. Client shall approve in advance and reimburse Designer for all reasonable travel, lodging, and meal expenses incurred by Designer and Designer's staff (where necessary) in connection with the Project. 8. Proprietary Rights A. Proposals Client acknowledges that Designer's proposed specifications including the Design Plan may include written materials or documentation that describe, support, or engender concepts, ideas, instructions, samples, related materials or documentation, photographs, drawings, schematics and copies of the foregoing, all of which may be subject to copyright, patent, trademark, right(s) of publicity and/or attribution rights (collectively, "Proprietary Rights"). Designer hereby reserves all right, title and interest in and to such Proprietary Rights, whether registered or registerable, patented or patentable. Client agrees to not challenge the validity or enforceability of Designer's Proprietary Rights. All Proposals and, if applicable, SOWs are proprietary and exclusive to Designer, and Client shall not copy, distribute or make Proposals available to any third party without Designer's express written permission. Under no circumstances shall Client alter or remove, efface or obscure any trademarks, labels or other proprietary notices, except with Designer's express written permission. Client shall have the unlimited right to the quiet use and enjoyment of the results and proceeds of the Design Plan in the Project and any Proprietary Rights embodied therein upon completion of the Project by Designer. B. Drawings Designer's drawings are conceptual in nature and are intended to set forth design intent, they are not to be used for architectural or engineering purposes. Page 499 of 549 C. Photographs Client recognizes that Designer may need to document the services and work performed relating to this Project. Client agrees to allow Designer to photograph the Project during all stages, including after project completion, and use the photographs or any part thereof in connection with any marketing, promotional and/or advertising campaigns of Designer. Photographs will be used for business purposes and will not disclose Client's name without prior consent. D. Marketing Client hereby grants Designer permission to include Client's name and description of the Project in any marketing, promotional and/or advertising campaigns. 9. Disclaimers and Limitations of Liability Designer shall comply with all local laws, ordinances and rules or any other applicable law that may impact Designer's performance of its obligations under this Agreement. Client shall provide Designer with access to the Project and all information needed to complete the Project. Designer shall not be responsible for ensuring that any contractor, including any architect, is duly -licensed, or liable for any act or omission of any third -party contractor or manufacturer including mistakes, delays, or incomplete orders. Designer makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the Services. Services are provided "as is" without expressed or implied warranty of any kind. Designer disclaims all warranties with regard to the Services including all implied warranties of merchantability and fitness for a particular purpose. In no event shall either party be liable for any consequential, special, punitive, exemplary, or indirect damages, including but not limited to any damages for anticipated profits, loss of revenue, economic loss, cost of procurement of substitute goods or services, loss of use of Materials, or interruption of business or personal affairs, arising in any way out of this Agreement, under any theory of liability in contract, tort, or otherwise. In no event shall the total liability of a party for any causes of action arising out of this Agreement exceed the sums paid to Designer as compensation hereunder. The foregoing right to monetary damages shall be in lieu of any other remedies which a party may have against the other. Client agrees to indemnify, defend and hold the Designer harmless to the fullest extent permitted by law from and against any third -party claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) relating to or arising out of the negligence, failure and/or acts or omissions on the part of Client or any architect, vendor, supplier, contractor or agent hired or retained by Client. 10. Permits Client is responsible for obtaining any and all necessary permits, licenses, waivers, or approvals required by any governmental agency. Page 500 of 549 11. Termination Designer and Client may terminate this Agreement immediately upon notice to for any reason or no reason. Upon termination, Designer shall cease performing Services and Client shall pay any outstanding invoices and amounts due for reimbursable expenses. All in -process orders for Materials shall be delivered to Client, subject to Client's payment of any balance which may be due on such Merchandise. 12. Force Majeure If the occurrence of any event beyond the reasonable control of a party makes performance impossible, contrary to law, or commercially unreasonable, such party shall be temporarily excused from performing its obligations under this Agreement for the duration of the event and the excused party shall resume performance of its obligations with due diligence after the expiration of such event. The parties will use their best efforts to overcome the cause and effect of any such suspension. 13. Miscellaneous A. Attorney's Fees Client shall be responsible for all reasonable costs, fees, and expenses incurred by Designer to collect any amount due under this Agreement or otherwise enforce any of its rights arising out of this Agreement. The parties agree that any judgment or order entered will contain a specific provision providing for the recovery of attorneys' fees and costs incurred in enforcing the judgment. B. Relationship of the Parties Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, or agent of the other and shall not bind nor attempt to bind the other to any contract. C. Entire Agreement This Agreement and the attachments hereto set forth the entire understanding between the parties and supersedes all previous agreements, arrangements, and understandings between the parties, whether verbal or written, and may not be amended except in writing and signed by both parties. D. Governing Law and Venue All disputes arising from this Agreement shall be resolved by binding private arbitration with each party to bear its own fees and costs. This Agreement will be construed and enforced in accordance with, and all questions concerning the construction, validity, interpretation and performance of this Agreement will be governed by the laws of the State of Iowa without giving effect to provisions regarding conflict of laws. Each of the parties irrevocably submits to the exclusive jurisdiction of any state or federal court sitting in the County of Black Hawk, State of Iowa in any action or proceeding arising out of or relating to this Agreement and irrevocably agrees, on behalf of itself and on behalf of its successors and assigns, that all claims in respect of such action or proceeding may be heard and determined in any such court and irrevocably waives any objection such person may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such a court is an inconvenient forum. Page 501 of 549 14. Scope of Work Scope of Work: • Verify and complete inventory of existing product. • Complete current layout of existing. • Provide programming requirements of new floorplans with City Departments and Architect. • Complete design of new plan with existing furniture. • Identify and design/specify new/additional furniture with budget. • Complete final plans of new design with specifications and details for project bidding. Timing: Work to commence upon signature of Agreement. • Inventory 1 week • Current Drawings/Layout of Existing 1 week • Programming New Design 2-3 weeks • New Design with Revisions 2-3 weeks • New Additional Furniture Specifications 1 week • Final Plans/Specifications for Bidding 2 weeks Project Fee: Inventory $ 8,000.00 Current Drawings/Layout of Existing $ 5,000.00 Programming/New Design $24,000.00 New Additional Furniture Specifications $ 3,000.00 Final Plans/Specifications for Bidding $ 7,000.00 Total Project Fee $47,000.00 In Witness whereof the parties hereto have executed this Agreement, the day and year first written above. DESIGNER: KIRK GROSS COMPANY, WATERLOO, IOWA By: Date: CLIENT: CITY OF WATERLOO, WATERLOO, IOWA By: Date: Page 502 of 549 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Align Architecture and Planning, Pa Studio of PRA, of Waterloo, Iowa, in the amount of $225,000.00, for design work for a new Police Training Facility, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo is working with other entities to share some services in a Police Training Center that would potentially include shared services with the Black Hawk County Sheriffs' Office for land work and property evidence. This agreement with Align Architecture will allow the City to design the project, get detailed estimates of costs, and allow the City to apply for grants for the project's construction. The contract services are estimated to be $184,500.00 and the overall project, including the design work, is up to $225,000 for the overall project. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES The costs for design work would be paid out of Northeast TIF District funding or City Bonds for new construction, as we would work to convey City -owned land for the project, to help lower the match for City costs with other grant funding partners. ALTERNATIVE ACTION Page 503 of 549 LEGAL DESCRIPTION ATTACHMENTS 1. 250032-01 Waterloo Police Support Campus B101 UNSIGNED Page 504 of 549 Init. AI° Document B101° - 2017 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Tenth day of February in the year Two Thousand and Twenty -Five BETWEEN the Architect's client identified as the Owner: City of Waterloo 715 Mulberry St. Waterloo, IA 50703 and the Architect: Plunkett Raysich Architects, LLP 327 E. 4th St., Ste. 204 Waterloo, IA 50703 Tel 319 233-1163 for the following Project: Waterloo Police Support Campus PRA Project # 250032-01 The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 505 of 549 1 Init. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Paragraph deleted) § 1.1.1 The Owner's program for the Project: Basic program consists of the phases below. This will be reviewed and documented as part of this project. Phase 1 — New building (approximately 12,000 sq. ft) for evidence intake, processing, and storage. Facility will include permanent office space and indoor vehicle processing. Phase 2 — Separate area with training center, firing ranges, and bomb disposal. § 1.1.2 The Project's physical characteristics: Site is city owned, 7.16 acre parcel #891220151008 and portions of adjacent land on the south side of Martin Luther King Jr. Drive in Waterloo Phase 1- Evidence building to be approximately 150' x 80' with parking and drive. Phase 2- Characteristics to be determined § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6: Phase 1- Estimated budget is $3,000,000 (three million dollars) Phase 2 - Budget to be determined AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 506 of 549 2 Init. § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: Complete Construction Documents by July 31, 2025 .2 Construction commencement date: Fall 2025 .3 Substantial Completion date or dates: (Paragraphs deleted)Fa11 2026 § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Paragraph deleted) Competitive public bid Phased design and construction § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: To be determined § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204TM-2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E204-2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204-2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: Noel Anderson Director City of Waterloo Community Planning & Development 715 Mulberry Street Waterloo, IA 50703 Telephone Number: 319.291.4366 Cell: 319.290.6357 Email Address: noel.anderson@waterloo-ia.org § 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: Not Applicable § 1.1.9 The Owner shall retain the following consultants and contractors: (Paragraph deleted) .1 Geotechnical Engineer: To be determined .2 Civil Engineer: Not Applicable AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 507 of 549 3 Init. .3 Other, if any: Surveyor to be determined § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: Andrew Bell Partner 327 E 46 Street, Suite 204 Waterloo, IA 50703 Telephone Number: 319 233-2308 Email Address: abell@prarch.com § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (Paragraph deleted) § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: To be determined .2 Mechanical Engineer: To be determined .3 Electrical Engineer: To be determined § 1.1.11.2 Consultants retained under Supplemental Services: Architect will retain civil engineer when civil scope is defined. § 1.1.12 Other Initial Information on which the Agreement is based: The City of Waterloo is moving many programs in the current City Hall into a renovated building at 100 East 4th street. This will displace the Police Department's current lab and evidence intake offices in approximately 18 months. § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change, and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon written protocols governing the transmission and use of, and reliance on, Instruments of Service or any other information or documentation in digital form. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to written protocols governing the use of, and reliance on, the information contained in the model shall be at the using or relying parry's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 1.4 Owner represents and warrants that it is financially solvent, able to pay its debts as they come due, and possesses sufficient working capital to perform its obligations under this Agreement and under the Contract Documents. The Architect may demand assurance in writing of the Owner's ability to satisfy the foregoing. The Owner's failure to provide such reasonable assurances shall be grounds for termination of this Agreement by the Architect. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 508 of 549 4 Init. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Commercial General Liability with policy limits of not less than One Million ($ 1,000,000) for each occurrence and Two Million ($ 2,000,000 ) in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than One Million ($ 1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers' Compensation at statutory limits. § 2.5.5 Employers' Liability with policy limits not less than One Million ($1,000,000) each accident, One Million ($ 1,000,000) each employee, and One Million ($ 1,000,000) policy limit. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than Five Million ($ 5,000,000 ) per claim and Five Million ($ 5,000,000) in the aggregate. § 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 2.5.8 If requested, the Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 509 of 549 5 Init. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary architectural, interior design, structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non -conforming Work, made or given without the Architect's written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.7 The Architect will attend two (2) review or approval meeting(s) such as: planning commission; council, building board or public hearings; fire department; office park development; and urban design review. Time in connection with additional meetings will be considered Additional Services. The Architect shall be compensated for such Additional Services as indicated under Article 11.2 and / or Article 11.3. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. LEED Certification services may be performed by the Architect as an Additional Service, if requested in writing by the Owner. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements, the Architect shall prepare and present, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 510 of 549 6 Init. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services, i.e. LEED Certification as a Supplemental Service under Section 4.1.1. (Paragraph deleted) § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner and request the Owner's approval. § 3.2.8 The Architect will limit the number of design alternatives provided under this Agreement to three (3). § 3.2.9 A maximum of four (4) client meetings during the Schematic Design Phase are included in Basic Services. Time in connection with additional meetings will be considered Additional Services. The Architect shall be compensated for such Additional Services as indicated under Article 11.2 and / or Article 11.3. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.3.4 A maximum of four (4) client meetings during the Design Development Phase are included in Basic Services. Time in connection with additional meetings will be considered Additional Services. The Architect shall be compensated for such Additional Services as indicated under Article 11.2 and / or Article 11.3. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 511 of 549 7 Init. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.4.6 A maximum of four (4) client meetings during the Construction Document Phase are included in Basic Services. Time in connection with additional meetings will be considered Additional Services. The Architect shall be compensated for such Additional Services as indicated under Article 11.2 and / or Article 11.3. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; and (3) determining the successful bid or proposal, if any. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre -bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. (Paragraphs deleted) § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201Tm-2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2017, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. The Architect will not be responsible for or pay for any additional cost of omitted materials or betterments. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 512 of 549 8 Init. § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site observations to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work known not to conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require observation or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and observations, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site observations to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 513 of 549 9 Init. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional, properly licensed in the State in which the Project is being constructed, provided the submittals bear such professional's seal and signature when submitted to the Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect shall maintain records relative to changes in the Work. (Paragraph deleted) § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct observations to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final observation indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's observations of the Work shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 10 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 514 of 549 Init. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. Supplemental Services r Responsibility (Architect, Owner or Not Provided § 4.1.1 Programming (B202TM-2009) Architect under Basic Services (Row deleted) § 4.1.2 Fast Track Services — Multiple Bid Packages Row deleted Architect — See 11.2 § 4.1.3 Measured drawings Not provided § 4.1.4 Existing facilities surveys Not provided § 4.1.5 Site Evaluation and Planning (B203TM-2007) Not provided Rows deleted § 4.1.6 Civil engineering Architect — See 11.2 § 4.1.7 Landscape design Not provided § 4.1.8 Architectural Interior Design (B252TM-2007) I Not provided (Row deleted) § 4.1.9 Value Analysis (B204TM-2007) (Row deleted) § 4.1.10 Detailed cost estimating Row deleted 1 Not provided Not provided § 4.1.11 On -site project representation (B207TM-2008) Not provided § 4.1.12 Conformed construction documents Not provided (Row deleted) § 4.1.13 As -Designed Record drawings (Row deleted) § 4.1.14 As -Constructed Record drawings (Row deleted) § 4.1.15 Post occupancy evaluation (Row deleted) § 4.1.16 Facility Support Services (B210TM-2007) (Row deleted) Architect — See 11.2 Not provided Not provided Not provided § 4.1.17 Tenant -related services Not provided AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 11 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 515 of 549 Init. § 4.1.18 Coordination of Owner's consultants Row deleted Not provided § 4.1.19 Telecommunications/data design Owner § 4.1.20 Security Evaluation and Planning (B206Tm-2007) Owner (Row deleted) § 4.1.21 Commissioning (B211Tm-2007) (Rows deleted) § 4.1.22 Extensive sustainable design services (Row deleted) § 4.1.23 LEED® Certification (B214Tm-2012) (Row deleted) § 4.1.24 Historic Preservation (B205Tm-2007) (Row deleted) § 4.1.25 Furniture, Furnishings, Accessories (Row deleted) § 4.1.26 Attendance at municipal, plan commission, or client board meetings. Row deleted Not provided Not provided Not provided Not provided Architect — See 11.2 Architect — See 11.3 for services beyond the contracted number of meetings § 4.1.27 Any other service not specifically included as a Basic Service under Article 3 above. Owner (Row deleted) § 4.1.28 Photo Realistic Renderings Architect — See 11.2 § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. Programming. Limited programming to consist of compiling feedback from Police and Sheriff staff regarding existing and new facilities. Review and document this information to form Program Statement. As -Designed Record Drawings: Updated set including the original Construction Documents plus all Addenda. Construction Bulletins, and Change Orders Architect's Coordination of the Owner's Consultants: Service limited to assistance with identifying scope and soliciting proposals for site survey and geotechnical report. § 4.1.2.2 A description of each supplemental Services identified in Section 4.1.1 as the owners responsibility is provided below. Owner to Furnish Architect with any specific telecommunication, security, or equipment requirements to be incorporated into the space planning and system engineering. Cameras, servers & accessories, and specialty equipment to be provided by Owner or Owner Consultant. § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204Tm-2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 or any service not specifically enumerated under Article 3 above, shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 12 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 516 of 549 Init. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services, or any Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner -authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice. .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker. Total combined time spent by the Architect or their Consultant over eight (8) hours is considered excessive; or, .5 Evaluating substitutions or Value Engineering changes proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two (2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 Fourteen (14) visits to the site by the Architect during construction inclusive of Substantial and Final Observations. .3 Two (2 ) on -site observation of the Work for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 Two (2 ) on -site observation of the Work for any portion of the Work to determine final completion. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 13 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 517 of 549 Init. § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within twenty-four (24 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; flood plains; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.4.1 The Owner acknowledges that accelerated, phased or fast -track scheduling provides a benefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Construction Manager to remove and replace previously installed Work. If the Owner selects accelerated, phased or fast -track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204TM_2017, Sustainable Projects Exhibit, attached to this Agreement. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 14 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 518 of 549 Init. the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. § 5.16 The Owner shall make available a staff person or retain a consultant to furnish a list of new and reused equipment to the Architect. The listing shall have attachments which describe relocation or installation criteria such as floor loading characteristics, ceiling support requirements, noise and radiation shielding, vibration damping, electrical and emergency power requirements, plumbing and gas piping requirements, ventilation and exhaust requirements and rough opening sizing and servicing clearances for all Owner -supplied equipment. In the absence of Owner -supplied information, the Architect will field measure and verify the above as an Additional Service. § 5.17 Not used. § 5.18 The Owner shall provide information regarding the existing facility, including destructive testing and investigation of concealed conditions, in a timely manner. In the event documentation or information furnished by the Owner is inaccurate or incomplete, any resulting damages, losses and expenses including the cost of the Architect's Change in Services or Additional Services, shall be borne by the Owner. § 5.19 If the Owner does not provide documentation or information beyond that which is apparent by non -intrusive observations of the existing facility and the Owner does not perform destructive testing or investigate concealed or unknown conditions, the Owner shall assume sole responsibility, including the cost of Change in Services or Additional Services of the Architect, if any, for all unknown or concealed conditions that are encountered during construction that require changes in the design or construction of the project. § 5.20 The Owner shall indemnify and hold harmless the Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, which arise as a result of inaccurate or incomplete documentation or information furnished by the Owner. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 15 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 519 of 549 Init. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed, coordinated or specified by the Architect. Examples include all structural, mechanical, electrical, fire protection, civil, landscape work, audio/visual design and acoustical design and contractors' general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights -of -way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. (Paragraphs deleted) §6.1.1 Major alternates that are excluded from the actual Construction Contract shall be included in Cost of the Work. Examples include alternate finishes, materials, system, or products which are used to bring costs into budget or change the scope of Work to reduce the Construction Construct amount. §6.2 The Cost of the Work includes the value of sales tax not paid and the value of all Owner -supplied or donated labor and materials. The Cost of the Work also, includes the cost of MAJOR FIXED equipment such as incinerators, sterilizers, cart washers, sonic cleaners, fixed laboratory equipment, fencing, food service equipment, walk-in, recessed and pass -through refrigerators, storage units, shelving, casework, high density filing systems, hoods, chillers, generators, communication equipment, dark room equipment, welding booths, security windows and systems, laminar flow and fume hoods, lockers, white boards, mechanical and electrical equipment. §6.3 Not used. §6.4 The Cost of Work shall include an Owner's contingency fund of 5% of the total estimated Construction Cost of this Project in addition to the Contractors estimate of Construction Cost. The purpose of this fund will be to pay for any unanticipated changes that occur during the course of the design and construction of the Project. §6.5 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. §6.6 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposed or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost and the Owner's contingency to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. §6.7 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. §6.8 If the lowest bona fide bid exceeds the Owner's budget or negotiated proposal, the Owner shall .1 give written approval of an increase in such fixed limits; or .2 authorize rebidding or renegotiating of the Project within a reasonable time; or .3 terminate in accordance with Section 9.5; or .4 cooperate in revising the project scope and quality as required to reduce the construction cost. §6.9 If the Owner chooses to proceed under Section 6.8.4, the Owner will compensate the Architect for redesign to bring the project into budget. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 16 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 520 of 549 Init. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using and maintaining the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7 AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 17 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 521 of 549 Init. § 8.1.4 The Owner hereby agrees that its recovery for any and all legal, equitable or other claims in tort, contract or otherwise, including, without limitation, demands, setoffs, defenses, contracts, liabilities, actions, causes of action, claims, damages, harms, injuries, costs, debts, obligations, attorneys' fees, losses, expenses and compensation arising out of or relating to this Agreement shall be strictly limited to fees received in payment by the Architect from the Owner. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to litigation. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by litigation. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint but, in such event, mediation shall proceed in advance of litigation, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Paragraph deleted) [ X ] Litigation in a court of competent jurisdiction (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than thirty days' written notice to the Architect for the Owner's convenience and without cause. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 18 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 522 of 549 Init. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Paragraph deleted) .1 Termination Fee: .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: Fifteen Thousand Dollars ($15,000) § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. § 9.10 Because of substantial costs incurred by the Architect to stop and restart a project once it is underway, should this Project's progress be halted at any time for 30 or more days by the Owner, for any reason, a project restart fee of 10% of the total fee earned to date, will be due and payable immediately. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement or certificates that the Architect reasonably determines to be unreasonable. § 10.4.1 The Architect will be totally indemnified on all certifications which are required to be signed on behalf of the Owner during the course of the Project. § 10.5 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 Owner or Architect. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 19 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 523 of 549 Init. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit to Plunkett Raysich Architects LLP as the Designer in all publicity, presentation and public relation activities which mention the name of the facility. § 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. § 10.10 Because of its standing as a professional firm, the Architect has complete authority over all content, graphics, and placement of all job site signs with the exception of those required in the interest of maintaining worker safety and the security of the facility. § 10.11 The Architect will not stamp drawings produced for any phase of this Project or sign a Substantial Completion Statement under the terms of this Agreement until all invoices billed up to that point in the Project have been paid in full. § 10.12 The Architect accepts no liability for any plans or specifications produced under this Agreement until such drawings are stamped as approved by all relevant building department officials. § 10.13 Not used. § 10.14 As a result of doing business with the Federal Government, they require that the following provisions be added to all of our contracts. Contractor and Subcontractor refers to the Architect. This contractor and subcontractor shall abide by the requirements of 41 CFR sections 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their SEQ CHAPTER \h \r 1 race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. This contractor and subcontractor shall abide by all provisions of Executive Order 13496 and all relevant rules, regulations, and orders in regard to Executive Order 13496. AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 20 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 524 of 549 Init. § 10.15 Owner irrevocably assigns to Architects all rights to claim Section 179D federal tax credits under Energy Policy Act of 2005 as amplified and clarified in IRS Notice 2008-40. Owner shall cooperate with Architect to establish Architect's eligibility for these federal tax credits. Architect shall be responsible for the costs of the independent third -party energy study and certification. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Paragraphs deleted) 1 Percentage Basis Seven and one half (7.5) % of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 11.6. (Paragraphs deleted) § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Paragraphs deleted) § 4.1.2 Fast Track Services - Multiple Bid Packages $20,000 Per Bid Packages over one (1) § 4.1.6 Civil Engineering Fee to be determined per article 11.4 § 4.1.13 As Designed Record Drawings Lump sum fee of $5,000 § 4.1.25 Furniture, Fixtures and Accessories Fee to be determined § 4.1.28 Photo Realistic Renderings $ 2,500 Minimum, plus applicable sales tax § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: Based upon the hourly rates stated in Section 11.7. § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect times a multiplier of one hundred twenty percent (120%) or as follows: § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Schematic Design Phase Twenty -Two percent ( 22 %) Design Development Phase Twenty -Eight percent ( 28 %) Construction Documents Phase Thirty -Two percent ( 32 %) Procurement Phase Three percent ( 3 %) Construction Phase Fifteen percent ( 15 %) Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 21 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 525 of 549 Init. those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (Paragraph deleted) Hourly billing rates as of June 2024, subject to annual review Employee or Category Rate ($0.00) Intern $100.00 Project Specialist I $135.00 Project Specialist II $140.00 Project Specialist III $140.00 Construction Administrator $140.00 Construction Administrator II, Architect $150.00 Interior Designer III $160.00 Architect $165.00 Senior Interior Designer $170.00 Production Executive $200.00 Sr. Project Architect; BIM Content & Standards $210.00 Project Architect $210.00 Project Manager $220.00 Director of Interior Design $220.00 Senior Project Architect $225.00 Senior Construction Administrator - Architect $225.00 Project Executive $225.00 Studio Lead - Senior Project Manager $235.00 Senior Project Manager $250.00 Director of Education Strategy $250.00 Construction Admin , Quality Assurance & Spec. Mgr. $255.00 Partner $275.00 Managing Partner $275.00 § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents for periodic reviews, scans, courier services, electronic bid set management; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .12 Other similar Project -related expenditures. AIA Document B101 - 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 22 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 526 of 549 Init. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants' plus twenty percent (20 %) of incurred expenses. § 11.9 Architect's Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: Ten Thousand Dollars ($10,000) § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of zero ($ 0) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. (Paragraph deleted) § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid sixty ( 60 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. At the rate of One Percent (1 %) per month § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. § 11.10.2.4 No back-up data or copies of bills will be provided for reimbursable expenses invoiced under this Agreement. Should back-up data be requested it will be provided for an administrative fee of $100 per monthly invoice requiring verification, plus $1.00 per copy of back-up data supplied. § 11.10.2.5 All invoices will be formatted as in the attached example provided in Exhibit "B". ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: None ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B101TM_2017, Standard Form Agreement Between Owner and Architect .2 (Paragraphs deleted) Other documents: Other Exhibits incorporated into this Agreement (Paragraphs deleted) Exhibit "B" Invoice Format AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 23 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 527 of 549 Init. This Agreement entered into as of the day and year first written above. OWNER (Signature) Noel Anderson Director City of Waterloo Community Planning & Development (Printed name and title) ARCHITECT (Signature) Andrew Bell, AIA Partner Plunkett Raysich Architects, LLP (Printed name, title, and license number, if required) AIA Document B101 — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:24:55 24 ET on 02/12/2025 under Order No.4104248432 which expires on 04/19/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1181560882) Page 528 of 549 EXHIBIT B Company Date Address 1 Invoice No. Address 2 Project No. Address 3 Attn: Recipient Re: Project Name Estimated Construction Cost: Architectural Fee at %: Plus Reimbursable Expenses $0 $0 For professional services rendered for the period from thru End Date Fee Charges Fee Description Contract % Work To Billed Amount Date Amount Earned Previously Billed This Inv. Schematics 0.00 0.00% 0.00 0.00 0.00 Design Development 0.00 0.00% 0.00 0.00 0.00 Construction Documents 0.00 0.00% 0.00 0.00 0.00 Construction Administration 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Fee $0.00 Reimbursable Expenses Printing and Plotting 0.00 Plan Exam Fees 0.00 Postage/Shipping 0.00 Travel Expense 0.00 Total Reimbursable Expenses $0.00 Total Current Billing $0.00 Project Summary: Current Previous Billed Period To Date NE Fees $0.00 $0.00 $0.00 Reimbursables $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 Page 529 of 549 PARKING METERS Definitions: Meter or Parking Meter: Any device installed by the city for the purpose of controlling parking spaces and collecting fees. Multi Space Parking Meter: Also referred to as "pay station," "pay -and -display meter," or "kiosk," is a Meter that manages and controls multiple parking spaces within a designated area and collects fees. Parking Zone: Any group of parking spaces designated as a parking zone by the city where certain parking regulations apply and is delineated from other parking areas; there could be several parking zones. Parking Fees: Cost of parking due to the city for parking a vehicle in a parking space as per City parking ordinances and cost requirements. Time Limit: Also referred to as Parking Interval or Parking Duration: The allowable time during which a driver may utilize a parking space to park a vehicle by paying the required parking Fees. Maximum Time or Maximum Time Limit: The maximum allowable parking duration in a particular space beyond which time parking is prohibited. Paid Parking: A system where fees are required for the use of designated parking spaces, collected via Parking Meters, mobile apps, attendants, or other methods. Cash Payment: Any method of paying for a one-time use of Paid Parking space such as legal currency or allowed electronic payment methods. Subscription: A recurring payment (monthly, quarterly, or annually) to secure access to a designated parking spot or facility. City: The City of Waterloo, or its designee. Parking Ramp: off-street multi -story parking facility SEC. 320. DESIGNATION OF PAID PARKING AREAS. The City of Waterloo is hereby authorized and directed to designate and mark off individual parking spaces on streets and within designated parking lots as conditions permit and shall install Parking Meters providing parking time limits within the downtown area bound by Walnut Street, Seventh Street, South Street and Westfield Avenue. The location and type of metered parking shall be designated by Resolution of the City Council. (Ord. #3591, 10/24/88; '91 Rev.) SEC. 321. REGULATION OF PARKING IN INDIVIDUAL SPACES. Whenever a vehicle is parked in a designated Paid Parking space, the person parking such vehicle shall pay as designated on the Parking Meter or signs if such Meter displays the signal showing that legal parking is only permitted upon such a payment. Where stalls or Page 530 of 549 sections for vehicles are marked or painted upon the surface of any street or municipally - owned or leased parking ramp or lot or portion thereof, it is the duty of the driver or operator of any vehicle to park the same within the limits of one of the stalls or sections and not over or across said lines. The Parking Fees and Time Limits for individual Paid Parking spaces shall be set by Resolution of the City Council Notice to the public shall be given by appropriate signs setting forth the length of time for which parking is permitted and the conditions thereof. These may be upon the face of the Parking Meter, on the Parking Meter stand or in the immediate vicinity. Any vehicle which remains in an individual Paid Parking space after the prescribed time for parking is hereby determined to be illegally parked. The provisions of this ordinance shall not apply to vehicles parked or standing in the areas hereinbefore designated between the hours of 5:00 p.m. and 9:00 a.m. Monday through Friday. The provisions of this ordinance shall not apply on City Observed Holidays. SEC. 322. FEES FOR SUBSCRIPTION RAMP AND LOT PARKING. (Ord. #3324, 2/6/84; repealed by Ord. #3591, 10/24/88) SEC. 323. EVIDENCE. Existence of a vehicle parked in any parking space designated as Paid Parking without making the required payment shall be deemed prima facie evidence of the unlawful parking of such vehicle. It shall be the duty of every registered owner of a vehicle to insure that said vehicle does not park contrary to the lawfully enacted and promulgated parking regulations of the City of Waterloo, Iowa. It may be inferred, unless evidence to the contrary is presented, that the registered owner of any motor vehicle parking in violation of the parking regulations of this chapter is responsible for said vehicle being so parked. SEC. 324. OVERTIME PARKING. It shall be unlawful and a violation of the provisions of this Article for any person to cause, allow, permit, or suffer any vehicle registered in the name of, or operated by, such person to be parked overtime or beyond the period of legal parking time established for any Parking Meter zone as herein described. SEC. 325. EXCEEDING MAXIMUM TIME VIOLATION. It shall be illegal to park beyond the Maximum Time. Each successive Parking Interval constitutes a separate violation, regardless of payment status. (Ord. #3591, 10/24/88) SEC. 326. RESERVED SPACE. It shall be unlawful and a violation of the provisions of this Article for any person to park or allow a vehicle under their control to occupy a reserved parking space as provided in Section 311. (Ord. #3591, 10/24/88) SEC. 327. DEFACE PARKING METER. Page 531 of 549 It shall be unlawful and a violation of the provisions of this Article for any person to deface, injure, tamper with, open or willfully break, destroy, or impair the usefulness of any Parking Meter installed by the city. SEC. 328. SLUGS NOT TO BE USED. It shall be unlawful and a violation of the provisions of this article to deposit or cause to be deposited in any parking meter, any slug, device, or metallic substance, or any other substitute for a legal coin of the United States. SEC. 329. INFORMATION ON TICKETS. It shall be the duty of all personnel authorized to enforce parking regulations to report: (a) (1) The number of each single space Parking Meter which indicates that the vehicle occupying the parking space adjacent to such parking meter, or (2) reference to the Multi Space Meter controlling the Parking Zone, is or has been parking in violation of the Traffic Code; (b) The state license plate information of such vehicle; (c) The time of day which the violation occurred; (d) Any other facts necessary for a thorough understanding of the circumstances surrounding the violation. The authorized personnel shall also attach to such vehicle a notice to the owner or operator thereof that such vehicle has been parking in violation of this Traffic Code and instructing such owner or operator on payment or appeal procedures. (Ord. #3324, 2/6/84; Ord. #3591, 10/24/88; Ord. #3744, 9/24/90) SEC. 330. PENALTY. Any person who shall violate any of the provisions of either Section 324, 325, 326, 327 or 328 and any person who aids, abets, or assists therein, shall be guilty of a simple misdemeanor and upon conviction thereof, shall be punished accordingly. SEC. 331. BOND OR INSURANCE FOR MONEY COLLECTORS. The City or designee shall collect all coins deposited in the Parking Meters. Such employee, except for temporary help, shall furnish a bond in the amount of five thousand dollars ($5,000.00) with surety approved by the City Council. All funds collected from Parking Meters shall be credited to the Parking Meter Revenue ('91 Rev.). Any company contracted with the City of Waterloo to manage parking services shall provide proof of and maintain current commercial general liability insurance having a minimum combined single limit of one million dollars ($1,000,000.00) or as determined by the city clerk. Current auto insurance must be listed on the certificate if operating a motor vehicle. If the company employs persons within the city, Workers' Compensation coverage of no less than the statutory requirement. A certificate of insurance shall be provided to the City of Waterloo and shall list the City of Waterloo, and its elected and appointed officials, officers, employees, and agents as named additional insureds on a primary and non- contributory basis, including a waiver of subrogation in favor of city, against any liabilities Page 532 of 549 that may arise in connection with the operation parking services. Apart from and separate from any insurance required under this section, the company shall agree in writing to indemnify, defend, and hold the City of Waterloo and its assignees and employees harmless from all losses, damages, injuries, claims, demands, and expenses in a manner resulting from or arising out of the licensed operation of the mobile food businesses. SEC. 332. FREE SPACES ALLOWED. Any authority heretofore or hereafter exercised by the City of Waterloo, Iowa, under any ordinance, rule or regulation restricting or prohibiting parking, independent of time limits, shall in no manner be affected by these sections pertaining to Parking Meters or any of the provisions thereof. The purpose of this article is to assist in the regulation of overtime parking by the use of Parking Meters, and it shall be so construed. Nothing in this section shall be construed as prohibiting the City of Waterloo, Iowa, from providing for free parking space for loading and unloading, for taxicab or rideshare stands, special events, and for other matters of similar nature. SEC. 333. APPLICATION OF REVENUE (Repealed by Ord. #3591, 10/24/88) Revenues from Paid Parking system including violation fees shall be used for the operation, maintenance, and enhancements of parking systems and facilities. SEC. 334. PARKING FINES. (a) PARKING WITHOUT PAYMENT: It shall be a violation of this article for any person to permit a vehicle to park in any parking designated as Paid Parking space during permitted Paid Parking times without making the required payments. Legal parking is only permitted upon such a payment. This type of violation shall be designated as a meter violation. A fine for each violation of this subsection shall be: $15.00 if paid within 30 days $20.00 if paid after 30 days. (b) It shall be a further violation of this article for any person to permit a vehicle to park in any Paid Parking space, not in a designated paid parking zone, and not being in compliance for more than 4 hours from issuance of first parking ticket from same day. A fine for each violation of this subsection shall be: $30.00 if paid within 30 days $35.00 if paid after 30 days (c) The city or its designee is authorized to issue a warning ticket for the first parking violation per vehicle per fiscal year (July 1- June 30). Any subsequent violation within the same fiscal year shall be subject to a monetary fine as prescribed in SEC 334 (d) It shall be a violation of this article for any person to permit a vehicle to park in any parking space which is in violation of any of the following subsections and shall be Page 533 of 549 classified as an improper, restricted or prohibited parking violation. A fine for each violation shall be: $15.00 if paid within 30 days $20.00 if paid after 30 days Improper, restricted or prohibited parking violation shall be as follows: SEC. 273. STOPPING, STANDING OR PARKING. SEC. 274. METHOD OF PARKING. SEC. 275. THEATERS, HOTELS AND AUDITORIUMS. SEC. 276. BUS AND TAXI ZONES. SEC. 277. LOADING ZONES. SEC. 281. LOADING AND UNLOADING FROM ALLEY. SEC. 282. PARKING IN ALLEY. SEC. 283. BACKING INTO PARKING SPACE. SEC. 286. PARKING FOR CERTAIN PURPOSES PROHIBITED. SEC. 287. SUMMONS PLACED ON ILLEGALLY PARKING VEHICLE. SEC. 289. PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS. SEC. 290. NO PARKING BETWEEN SIGNS. SEC. 291. NO PARKING HERE TO CORNER. SEC. 292. NO PARKING HERE TO DRIVE SEC. 293. NO PARKING HERE TO TRACKS. SEC. 294. NO PARKING HERE TO ALLEY. SEC. 295. NO PARKING MAIL DROP. SEC. 296. NO PARKING HOTEL ENTRANCE. SEC. 297. TEN-MINUTE PARKING. SEC. 298. THIRTY -MINUTE PARKING. SEC. 299. ONE -HOUR PARKING. SEC. 300. TWO-HOUR PARKING. SEC. 301. NO PARKING 8:00 A.M. TO 4:00 P.M. SEC. 302. NO PARKING 1:00 P.M. TO 4:00 P.M. Page 534 of 549 SEC. 303. NO PARKING 12:00 NOON TO 4:00 P.M. SEC. 304. NO PARKING 6:00 A.M. TO 6:00 P.M. EXCEPT SUNDAY. SEC. 305. NO PARKING ANY TIME EXCEPT SUNDAY. No Parking Signs may be rented from the City at a cost of $5.00 per day per sign. (Ord. #3744, 9/24/90; Ord. #4160, 4/1/96; Ord. #4627, 7/21/03; Ord. #5047, 5/9/11) SEC. 335-340. RESERVED. PARKING RAMPS AND CITY OWNED PARKING LOTS Definitions: Ramp: Off-street multi -story parking facilities owned by the City of Waterloo. Cash Patron: Anyone who pays for parking on the ramps who is not on a subscription. Subscription: Pre -paying for parking on the ramps based on a period of time. Gated Facility: A Ramp where entrance or exit is controlled by physical or electronic devices. SEC. 341. REGULATION OF PARKING OF CASH PATRONS. (a) Regulating Entrance, Cash Patrons The City of Waterloo is hereby authorized and directed to establish at the entrance and exit to parking ramps, when applicable, appropriate mechanical or electronic devices to regulate the entrance and exit of cash patrons using the parking facility. The mechanical or electronic devices regulating entrance in the parking facility shall provide for the entrance of one vehicle at a time, provided the operator of the vehicle entering accepts a parking ticket, physical or electronic, noting time of entrance. At the cash patron's exit from the parking facility there shall be maintained a facility where cash patrons shall pay for the use of the parking facility either physically or electronically at the rates hereinafter set forth by Resolution of the City Council. ('91 Rev.) (b) Parking Meters The City of Waterloo is hereby authorized and directed to install Parking Meters on parking ramps, when the city deems it to be appropriate for operations where mechanical gates will or will not be needed. SEC. 342. REGULATION OF PARKING OF SUBSCRIPTION PARKERS. (a) Regulating Entrance, Subscription Patrons The City of Waterloo is hereby authorized and directed to establish at the entrance and exit to the parking ramp appropriate mechanical and electronic devices to regulate the entrance and exit of subscription parkers using the parking facility. The mechanical and Page 535 of 549 electronic devices regulating entrance in the parking facility shall provide for the entrance of one vehicle at a time, provided the subscription parker provides appropriate identification or proof as a subscription parker. ('91 Rev.) (b) Parking Meters The City of Waterloo is hereby authorized to issue electronic or other forms of permits for subscription parkers at ramps where control is established by gates, Parking Meters, or both. SEC. 343. PARKING RATES FOR CASH PATRONS. It is hereby established that the fees for cash patrons for all parking ramps shall be set by Resolution of the City Council. (Ord. #3324, 2/6/84; Ord. #3402, 8/19/85; Ord. #3416, 12/2/85; Ord. #5000, 7/19/10) SEC. 344. SUBSCRIPTION PARKING. Subscription parkers shall be authorized to use parking facilities upon payment of the required fee as designated by Resolution of the City Council. (Ord. #4002, 1/18/94) SEC. 345. OBTAIN PARKING STUB It shall be unlawful and a violation of the provisions of this article for any person to cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such person entering a gated parking facility where obtaining a paper parking stub is the only form of available parking control without first obtaining a parking stub at the entrance gate. SEC. 346. EXIT WITHOUT PAYING. It shall be unlawful and a violation of the provisions of this article for any person to cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such person to exit the parking facility without having paid the required fee for use of the parking facility. SEC. 347. VANDALISM OF MECHANICAL AND ELECTORONIC DEVICES. It shall be unlawful and a violation of the provisions of this article to deface, hack into, injure, tamper with, open or willfully break, destroy, impair the usefulness or impair intended operation of any mechanical or electronic devices installed under the provisions of this article. SEC. 348. ENTER RAMP OTHER THAN ENTRANCE. It shall be unlawful and a violation of the provisions of this article for any person to cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such person to attempt to enter a parking ramp in any other manner than provided, for entrance of motor vehicles. SEC. 349. PAY SUBSCRIPTION FEE. Page 536 of 549 It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such person to enter through the subscription entrance without paying the appropriate parking fee. SEC. 350. PENALTY. Any person who shall violate any of the provisions of this article and any person who aids, abets, or assists therein shall be guilty of a simple misdemeanor and upon conviction thereof shall be punished accordingly. SEC. 351. APPLICATION OF REVENUE. (Repealed by Ord. #3591, 10/24/88) SEC. 352. CITY PARKING LOTS. (a) That the City Council is hereby authorized to establish parking areas known as City Hall Lot adjacent to City Hall and City Hall Annex Lot adjacent to City Hall Annex. (Ord. #3360, 8/20/84) (b) The above parking areas shall be used strictly by city personnel. (c) Each vehicle parking in one of the above lots shall have a sticker issued by the City of Waterloo designating an assigned parking space. (d) Any stickered vehicle parking in a space not designated for that vehicle shall be considered in violation and will be subject to fines established by council resolution. (Ord. #4002, 1/18/94) (e) Any non-stickered vehicle parking in one of the lots under this ordinance shall be subject to fines established by council resolution, and the city shall have authority to tow such non-stickered vehicle at the owner's expense. ('91 Rev.) SEC. 353. APPLICATION OF REVENUE. This section repealed by Ord. #5000 passed July 19, 2010. SEC. 354-357. RESERVED. Page 537 of 549 PARKING METERS Definitions: Meter or Parking Meter: Any device installed by the city for the purpose of controlling parking spaces and collecting fees. Multi Space Parking Meter: Also referred to as "pay station," "pay -and -display meter," or "kiosk," is a Meter that manages and controls multiple parking spaces within a designated area and collects fees. Parking Zone: Any group of parking spaces designated as a parking zone by the city where certain parking regulations apply and is delineated from other parking areas; there could be several parking zones. Parking Fees: Cost of parking due to the city for parking a vehicle in a parking space as per City parking ordinances and cost requirements. Time Limit: Also referred to as Parking Interval or Parking Duration: The allowable time during which a driver may utilize a parking space to park a vehicle by paying the required parking Fees. Maximum Time or Maximum Time Limit: The maximum allowable parking duration in a particular space beyond which time parking is prohibited. Paid Parking: A system where fees are required for the use of designated parking spaces, collected via Parking Meters, mobile apps, attendants, or other methods. Cash Payment: Any method of paying for a one-time use of Paid Parking space such as legal currency or allowed electronic payment methods. Subscription: A recurring payment (monthly, quarterly, or annually) to secure access to a designated parking spot or facility. City: The City of Waterloo, or it'sits designee. or designee: Parking Ramp: off-street multi -story parking facility SEC. 320. DESIGNATION OF PAID PARKING AREAS. The City of Waterloo is hereby authorized and directed to designate and mark off individual parking spaces on streets and within designated parking lots as conditions permit and shall install Parking Meters providing parking time limits within the downtown area bound by Walnut Street, Seventh Street, South Street and Westfield Avenue. The location and type of metered parking shall be designated by Resolution of the City Council. (Ord. #3591, 10/24/88; '91 Rev.) SEC. 321. REGULATION OF PARKING IN INDIVIDUAL SPACES. Whenever a vehicle is parked in a designated Paid Parking space, the person parking such vehicle shall pay as designated on the Parking Meter or signs if such Meter displays the signal showing that legal parking is only permitted upon such a payment. Where stalls or Page 538 of 549 sections for vehicles are marked or painted upon the surface of any street or municipally - owned or leased parking ramp or lot or portion thereof, it is the duty of the driver or operator of any vehicle to park the same within the limits of one of the stalls or sections and not over or across said lines. The Parking Fees and Time Limits for individual Paid Parking spaces shall be set by Resolution of the City Council Notice to the public shall be given by appropriate signs setting forth the length of time for which parking is permitted and the conditions thereof. These may be upon the face of the Parking Meter, on the Parking Meter stand or in the immediate vicinity. Any vehicle which remains in an individual Paid Parking space after the prescribed time for parking is hereby determined to be illegally parked. The provisions of this ordinance shall not apply to vehicles parked or standing in the areas hereinbefore designated between the hours of 5:00 p.m. and 9:00 a.m. Monday through Friday. The provisions of this ordinance shall not apply on City Observed Holidays. SEC. 322. FEES FOR SUBSCRIPTION RAMP AND LOT PARKING. (Ord. #3324, 2/6/84; repealed by Ord. #3591, 10/24/88) SEC. 323. EVIDENCE. Existence of a vehicle parked in any parking space designated as Paid Parking without making the required payment shall be deemed prima facie evidence of the unlawful parking of such vehicle by its operator. It shall be the duty of every registered owner of a vehicle to insure that said vehicle does not park contrary to the lawfully enacted and promulgated parking regulations of the City of Waterloo, Iowa. It may be inferred, unless evidence to the contrary is presented, that the registered owner of any motor vehicle parking in violation of the parking regulations of this chapter is responsible for said vehicle being so parked. SEC. 324. OVERTIME PARKING. It shall be unlawful and a violation of the provisions of this Article for any person to cause, allow, permit, or suffer any vehicle registered in the name of, or operated by, such person to be parked overtime or beyond the period of legal parking time established for any Parking Meter zone as herein described. SEC. 325. EXCEEDING MAXIMUM TIME VIOLATION. It shall be illegal to park beyond the Maximum Time. Each successive Parking Interval constitutes a separate violation, regardless of payment status. (Ord. #3591, 10/24/88) SEC. 326. RESERVED SPACE. It shall be unlawful and a violation of the provisions of this Article for any person to park or allow a vehicle under their control to occupy a reserved parking space as provided in Section 311. (Ord. #3591, 10/24/88) SEC. 327. DEFACE PARKING METER. Page 539 of 549 It shall be unlawful and a violation of the provisions of this Article for any person to deface, injure, tamper with, open or willfully break, destroy, or impair the usefulness of any Parking Meter installed by the city. SEC. 328. SLUGS NOT TO BE USED. It shall be unlawful and a violation of the provisions of this article to deposit or cause to be deposited in any parking meter, any slug, device, or metallic substance, or any other substitute for a legal coin of the United States. SEC. 329. INFORMATION ON TICKETS. It shall be the duty of all personnel authorized to enforce parking regulations to report: (a) (1) The number of each single space Parking Meter which indicates that the vehicle occupying the parking space adjacent to such parking meter, or (2) reference to the Multi Space Meter controlling the Parking Zone, is or has been parking in violation of the Traffic Code; (b) The state license number plate information of such vehicle; (c) The time of day which the violation occurred; (d) Any other facts necessary for a thorough understanding of the circumstances surrounding the violation. The authorized personnel shall also attach to such vehicle a notice to the owner or operator thereof that such vehicle has been parking in violation of this Traffic Code and instructing such owner or operator on payment or appeal procedures. (Ord. #3324, 2/6/84; Ord. #3591, 10/24/88; Ord. #3744, 9/24/90) SEC. 330. PENALTY. Any person who shall violate any of the provisions of either Section 324, 325, 326, 327 or 328 and any person who aids, abets, or assists therein, shall be guilty of a municipal infractionsimple misdemeanor and upon conviction thereof, shall be punished accordingly. SEC. 331. BOND OR INSURANCE FOR MONEY COLLECTORS. The City Treasurer or a city cmployccor-designeeated by the Treasurer shall collect all coins deposited in the Parking Meters. Such employee, except for temporary help, shall furnish a bond in the amount of five thousand dollars ($5,000.00) with surety approved by the City Council. All funds collected from Parking Meters shall be credited to the Parking Meter Fund Revenue ('91 Rev.). Any company contracted with the City of Waterloo to manage parking services shall provide proof of and maintain current commercial general liability insurance having a minimum combined single limit of one million dollars ($1,000,000.00) or as determined by the city clerk. Current auto insurance must be listed on the certificate if operating a motor vehicle. If the company employs persons within the city, Workers' Compensation coverage of no less than the statutory requirement. A certificate of insurance shall be provided to the City of Waterloo and shall list the City of Waterloo, and its elected and appointed officials, officers, employees, and agents as named additional insureds on a primary and non - Page 540 of 549 contributory basis, including a waiver of subrogation in favor of city, against any liabilities that may arise in connection with the operation parking services. Apart from and separate from any insurance required under this section, the company shall agree in writing to indemnify, defend, and hold the City of Waterloo and its assignees and employees harmless from all losses, damages, injuries, claims, demands, and expenses in a manner resulting from or arising out of the licensed operation of the mobile food businesses. SEC. 332. FREE SPACES ALLOWED. Any authority heretofore or hereafter exercised by the City of Waterloo, Iowa, under any ordinance, rule or regulation restricting or prohibiting parking, independent of time limits, shall in no manner be affected by these sections pertaining to Parking Meters or any of the provisions thereof. The purpose of this article is to assist in the regulation of overtime parking by the use of Parking Meters, and it shall be so construed. Nothing in this section shall be construed as prohibiting the City of Waterloo, Iowa, from providing for free parking space for loading and unloading, for taxicab or rideshare stands, special events, and for other matters of similar nature. SEC. 333. APPLICATION OF REVENUE (Repealed by Ord. #3591, 10/24/88) Revenues from Paid Parking system including violation fees shall be used for the operation, maintenance, and enhancements of parking systems and facilities, and traffic safety improvements. SEC. 334. PARKING FINES. (a) PARKING WITHOUT PAYMENT: It shall be a violation of this article for any person to permit a vehicle to park in any parking designated as Paid Parking space during permitted Paid Parking times without making the required payments. Legal parking is only permitted upon such a payment. This type of violation shall be designated as a meter violation. A fine for each violation of this subsection shall be: $15.00 if paid within 30 days $20.00 if paid after 30 days. (must bc ordinance) (b) PARKING BEYOND MAXIMUM TIME: It shall bc a violation of this article for any person maximum period of legal parking time where Maximum Time is established for any designated Paid Parking zone. This type of violation shall be dcsi natcd as overtime parkin . A finc for each violation of this subsection shall (must be ordinance) Page 541 of 549 (eb) It shall be a further violation of this article for any person to permit a vehicle to park in any Paid Parking space, not in a designated paid parking zone, and not being in compliance for more than 4 hours from issuance of first parking ticket from same day. A fine for each violation of this subsection shall be: $30.00 if paid within 30 days $35.00 if paid after 30 days (d) It shall be a violation of this article for any person to permit a vehicle to park in any Paid Parking space and not being in compliance for thc entire day. (e) The city is authorized to place a vehicle immobilization device on or tow a vehicle that is parked with or without payment in the c e Paid Parking ^t for more than 21 h ou, cause thc vchicic to be towed. All incurred expenses shall be the vchicic owner's responsibilities including but not limited to expenses such as towing fees, storage fees, and fincs. A finc for ach violation of this subscction shall be t by Rcsol do „f the City Council. (c) The city or its designee is authorized to issue a warning ticket for the first parking violation per vehicle per fiscal year (July 1- June 30). Any subsequent violation within the same fiscal year shall be subject to a monetary fine as prescribed in SEC 334 (f) The city or it's its designee is authorized to offer citation forgiveness for 1 ticket per fiscal year (July 1 June 30)for the same vehicle. (dg) It shall be a violation of this article for any person to permit a vehicle to park in any parking space which is in violation of any of the following subsections and shall be classified as an improper, restricted or prohibited parking violation. A fine for each violation shall be: $15.00 if paid within 30 days $20.00 if paid after 30 daysA fine for each violation of this subsection shall be set by Resolution of the City Council. Improper, restricted or prohibited parking violation shall be as follows: SEC. 273. STOPPING, STANDING OR PARKING. SEC. 274. METHOD OF PARKING. SEC. 275. THEATERS, HOTELS AND AUDITORIUMS. SEC. 276. BUS AND TAXI ZONES. SEC. 277. LOADING ZONES. SEC. 281. LOADING AND UNLOADING FROM ALLEY. SEC. 282. PARKING IN ALLEY. Page 542 of 549 SEC. 283. BACKING INTO PARKING SPACE. SEC. 286. PARKING FOR CERTAIN PURPOSES PROHIBITED. SEC. 287. SUMMONS PLACED ON ILLEGALLY PARKING VEHICLE. SEC. 289. PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS. SEC. 290. NO PARKING BETWEEN SIGNS. SEC. 291. NO PARKING HERE TO CORNER. SEC. 292. NO PARKING HERE TO DRIVE SEC. 293. NO PARKING HERE TO TRACKS. SEC. 294. NO PARKING HERE TO ALLEY. SEC. 295. NO PARKING MAIL DROP. SEC. 296. NO PARKING HOTEL ENTRANCE. SEC. 297. TEN-MINUTE PARKING. SEC. 298. THIRTY -MINUTE PARKING. SEC. 299. ONE -HOUR PARKING. SEC. 300. TWO-HOUR PARKING. SEC. 301. NO PARKING 8:00 A.M. TO 4:00 P.M. SEC. 302. NO PARKING 1:00 P.M. TO 4:00 P.M. SEC. 303. NO PARKING 12:00 NOON TO 4:00 P.M. SEC. 304. NO PARKING 6:00 A.M. TO 6:00 P.M. EXCEPT SUNDAY. SEC. 305. NO PARKING ANY TIME EXCEPT SUNDAY. No Parking Signs may be rented from the City at a cost of $5.00 per day per sign. (Ord. #3744, 9/24/90; Ord. #4160, 4/1/96; Ord. #4627, 7/21/03; Ord. #5047, 5/9/11) SEC. 335-340. RESERVED. PARKING RAMPS AND CITY OWNED PARKING LOTS Definitions: Ramp: Off-street multi -story parking facilities owned by the City of Waterloo. Cash Patron: Anyone who pays for parking on the ramps who is not on a subscription. Subscription: Pre -paying for parking on the ramps based on a period of time. Page 543 of 549 Gated Facility: A Ramp where entrance or exit is controlled by physical or electronic devices. SEC. 341. REGULATION OF PARKING OF CASH PATRONS. (a) Regulating Entrance, Cash Patrons The City of Waterloo is hereby authorized and directed to establish at the entrance and exit to parking ramps, when applicable, appropriate mechanical or electronic devices to regulate the entrance and exit of cash patrons using the parking facility. The mechanical or electronic devices regulating entrance in the parking facility shall provide for the entrance of one vehicle at a time, provided the operator of the vehicle entering accepts a parking ticket, physical or electronic, noting time of entrance. At the cash patron's exit from the parking facility there shall be maintained a facility where cash patrons shall pay for the use of the parking facility either physically or electronically at the rates hereinafter set forth this article by Resolution of the City Council. ('91 Rev.) (b) Parking Meters The City of Waterloo is hereby authorized and directed to install Parking Meters on parking ramps, when the city deems it to be appropriate for operations where mechanical gates will or will not be needed. SEC. 342. REGULATION OF PARKING OF SUBSCRIPTION PARKERS. (a) Regulating Entrance, Subscription Patrons The City of Waterloo is hereby authorized and directed to establish at the entrance and exit to the parking ramp appropriate mechanical and electronic devices to regulate the entrance and exit of subscription parkers using the parking facility. The mechanical and electronic devices regulating entrance in the parking facility shall provide for the entrance of one vehicle at a time, provided the subscription parker provides appropriate identification or proof as a subscription parker. ('91 Rev.) (b) Parking Meters The City of Waterloo is hereby authorized to issue electronic or other forms of permits for subscription parkers at ramps where control is established by gates, Parking Meters, or both. SEC. 343. PARKING RATES FOR CASH PATRONS. It is hereby established that the fees for cash patrons for all parking ramps shall be set by Resolution of the City Council. (Ord. #3324, 2/6/84; Ord. #3402, 8/19/85; Ord. #3416, 12/2/85; Ord. #5000, 7/19/10) SEC. 344. SUBSCRIPTION PARKING. Subscription parkers shall be authorized to use parking facilities upon payment of the required fee as designated by Resolution of the City Council. (Ord. #4002, 1/18/94) SEC. 345. OBTAIN PARKING STUB Page 544 of 549 It shall be unlawful and a violation of the provisions of this article for any person to cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such person entering a gated parking facility where obtaining a paper parking stub is the only form of available parking control without first obtaining a parking stub at the entrance gate. SEC. 346. EXIT WITHOUT PAYING. It shall be unlawful and a violation of the provisions of this article for any persons to cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such persons to exit the parking facility without having paid the required fee for use of the parking facility. SEC. 347. VANDALISM OF MECHANICAL AND ELECTORONIC DEVICES. It shall be unlawful and a violation of the provisions of this article to deface, hack into, injure, tamper with, open or willfully break, destroy, impair the usefulness or impair intended operation of any mechanical or electronic devices installed under the provisions of this article. SEC. 348. ENTER RAMP OTHER THAN ENTRANCE. It shall be unlawful and a violation of the provisions of this article for any persons person to cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such persons person to attempt to enter a parking ramp in any other manner than provided, for entrance of motor vehicles. SEC. 349. PAY SUBSCRIPTION FEE. It shall be unlawful for any persons to cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such persons to enter through the subscription entrance without paying the appropriate parking fee. SEC. 350. PENALTY. Any person who shall violate any of the provisions of this article and any person who aids, abets, or assists therein shall be guilty of a simple misdemeanor and upon conviction thereof shall be punished accordingly. SEC. 351. APPLICATION OF REVENUE. (Repealed by Ord. #3591, 10/24/88) SEC. 352. CITY PARKING LOTS. (a) That the City Council is hereby authorized to establish parking areas known as City Hall Lot adjacent to City Hall and City Hall Annex Lot adjacent to City Hall Annex. (Ord. #3360, 8/20/84) (b) The above parking areas shall be used strictly by city personnel. (c) Each vehicle parking in one of the above lots shall have a sticker issued by the City of Waterloo designating an assigned parking space. Page 545 of 549 (d) Any stickered vehicle parking in a space not designated for that vehicle shall be considered in violation and will be subject to fines established by council resolution. (Ord. 4#4002,1/18/94) (e) Any non-stickered vehicle parking in one of the lots under this ordinance shall be subject to fines established by council resolution, and the city shall have authority to tow such non-stickered vehicle at the owner's expense. ('91 Rev.) SEC. 353. APPLICATION OF REVENUE. This section repealed by Ord. #5000 passed July 19, 2010. SEC. 354-357. RESERVED. Page 546 of 549 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE March 17, 2025 AGENDA ITEM TITLE Resolution adopting one free hour of parking for both on -street and parking ramps, the rate of $1.00 per hour for on -street parking and parking ramps after the one -hour free parking, a rate of $2.00 per hour for on -street parking after four hours, and a cap of $6.00 per day in the parking ramps, effective May 1, 2025. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Parking Kiosks 1st Hour Free/Courtesy $1.00/Hour $2.00/Hour after 4 hours Special Event Ramp Rates $5.00 event parking No Free Time For Parking During Events Ramp Rates 1st Hour Free/Courtesy $1.00/hour after, capped at $6.00 per day regardless of number of hours parked Page 547 of 549 Lost Ticket/ Daily Rate - Ramp $6.00 All Parking Ramp Subscription Rates: Reserved spot $50.00/mn General Permit $35.00/mn Discounts for multiple parking subscriptions: 3-7 5% 8-12 10% 13-17 15% 17-50 20% 50 + 25% Annual Billing 10% NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 548 of 549 Page 549 of 549